The URL can be used to link to this page

Backup 04/26/2007 2007 Code Enforcement Board Backup Docs April 26 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: April 26,2007,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. APPROVAL OF MINUTES,—March 22,2007 4. PUBLIC HEARINGS A. MOTIONS Motion to Continue 1. BCC vs. Donald and Jo Coleman CEB 2007-30 2. BCC vs, 'I'W Management of Naples, Inc A/K/A Naples Investments.INC CEB 2007-36 B. STIPULATIONS C. HEARINGS 1. BCC vs. Frank Fernandez CEB 2007-22 2. BCC vs. Jobani A. Gonzales CEB 2007-26 3. [3CC vs. Pipers Crossing, LLC ChB 2007-28 4. BCC vs. Domenic P.Tosto and Joanne M.Tosto CEB 2007-32 5. BCC vs. Paul Skipper a/k/a Paul Skipper Trustee CEB 2007-33 6. BCC vs. MMB of Southwest Florida LLC and Bonita Media Enterprises LLC CEB 2007-35 7. BCC vs. Roilan Perez CEB 2007-37 5. OLD BUSINESS A. Request for Reduction of Fines/Liens 1. BCC vs. Daisy Arrazcaeta CEB 2006-15 2. BCC vs. Calexico Inc CEB 2006-47 B. Request for Imposition of Fines/Liens 1. BCC vs. Dalila Grimaldo CEB 2006-37 2. BCC vs. Robert and Cristina Ferris CEB 2007-07 3. BCC vs. Marlene Santilli CEB 2007-12 6. NEW BUSINESS- 7. REPORTS— 8. COMMENTS 9. NEXT MEETING DATE- May 24,2007 10. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Donald and Jo Coleman., Respondent(s) CEB No. 2007-30 DEPT No. 2002070369 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-30 DEPT CASE NO.2002070369 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Donald and Jo Coleman,Respondents NOTICE OF HEARING To: Donald and Jo Coleman 5000 Town Ctr.Apt 2401 Southfield,MI 48075-1171 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,Naples,Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Bendisa Mar 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. 2007-30 vs. DEPT CASE NO.2002070369 Donald and Jo Coleman STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 04-41, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of section(s)9.04.06(A-H), 10.02.06(H and I) 2. Description of Violation: Pavers,fixtures,and unnaturally occurring vegetation west of the Coastal Construction Setback Line without required permits. 3. Location/address where violation exists: 109 Curacao Lane Bonita Springs,Florida 34134 4. Name and address of owner/person in charge of violation location: Donald and Jo Coleman 5. Date violation first observed: 6-19-2002 6. Date owner/person in charge given Notice of Violation: 8-30-2006 7. Date on/by which violation to be corrected: 9-28-2006 8. Date of re-inspection: 1-31-2007 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. 1'- —J Dated this 22nd day of February,2007 O Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a i i ed)and subscribed before this 22nd day of February,2007 by Susan O'Farrell. a MARLENE G.S (Si: • e o Notary Public) (1 A•' o•.. Ssio d'Nya 2009 Personally known X or produced identification Bonded thru 1st State Insurance Type of identification produced • REV 3-3-05 2. Case Number 2002070369 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION .fr`Ver: DONALD COLEMAN TR,JO Date: 8/30/06 Investigator Susan O'Farrell Phone: 239-403-2488 O(PROPERTY OWNER) Zoning Dist Sec 6 Twp 48 Rng 25 Mailing: 5000 Town Ctr.Apt 2401 Southfield,MI 48075-1171 Legal: Subdivision Block B Lot 13 Location: 109 Curacao Lane FL,34134 Folio 54751240000 OR Book 2667 Page 850 Unincorporated Collier County ORDER TO CORRECT VIOLATION(S): NOTICE Pursuant to Collier County Code Enforcement Board (CEB) You are directed by this Notice to take the following corrective Ordinance No. 05-55 and 97-35, as amended, you are action(s): notified that a violation(s) of the following Collier County IMMEDIATELY remove all non-permitted unnaturally occurring items Ordinance(s) and or PUD Regulation(s) exists at the above- west of the Coastal Construction Setback Line. Including,but not limited described location. to: structures and fixtures both permanent and temporary in nature. Also, remove all non-native unnaturally occurring vegetation. Previously approved structures which have been damaged or destroyed, require a permit before being rebuilt or restored. Any, ®Ord No. 04-41,as amended Section 3.04.02 and all such damaged structures, must be brought into compliance ®Ord No. 04-41,as amended Section 9.04.06(A-H) by obtaining said permit(s)before reconstruction. IN ADDITION.one of the two options below must be completed. Ord No. 04-41,as amended Section 10.02.06(H) Ord No. 04-41,as amended Section 10.02.06(1) 1) Hire an Environmental Consultant to complete and submit a mitigation plan to restore the portion of the beach/dune that DESCRIPTION OF CONDITIONS CONSTITUTING THE has been disturbed according to Ordinance #05-55 as /"KIOLATION(S). amended, Section 10.02.06(E)(3). The Mitigation Plan shall be submitted to the Collier County Code Enforcement Department for review. Upon approval, replacement Did Witness: plantings shall be installed within 15 days. OBSERVED VARIOUS PAVERS FIXTURES, AND UNNATURALLY OCCURRING VEGETATION WEST OF THE COASTAL OR CONSTRUCTION SETBACK LINE AND WITHOUT REQUIRED 2) Apply for CCSL Variance for the structure(s) or alteration to PERMITS. ALSO AREA IS VOID OF NATIVE VEGETATION. THIS natural or native landscape. If CCSL Variance is not pursued IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT or otherwise denied,option #1 will need to commence within CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH 30 days of the pre-application meeting. CURRENT CODE. riSuoolemental attached ON OR BEFORE: September 28 2006 (Supplemental attached Failure to correct violations may result in: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE 1) Mandatory notice to appear in court or issuance of a ENFORCEMENT INVESTIGATOR: Susan O'Farrell/Kevin Halesworth citation that may result in fines up to $500 and costs of 2800 N Horseshoe Dr.Naples,FL 34104 prosecution. OR (239) 403-2488 Fax:(239)403-2343 2) Code Enforcement Board review that may result in fines up Investigator signature to $250 per day per violation, as long as the violation remains,and costs of prosecution. VIOLATION STATUS: SERVED BY: Personal Service Certified Mail ❑Posting of Property DFax ❑Mail ®Initial Recurring Repeat Signature and Title of Recipient Print Dated this 30th day August 2006 of Nntirx.of Vinlatinn nrivinal to Pilr ('nmr to Ancnnn Aunt ('n,S,fnr Can Pnctina rn..,f.fia:":.,t D .: D....A/AA 2 SENDER'COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. ignature item 4 if Restricted Delivery is desired. t Agent • Print your name and address on the reverse `/'C r�` `-, �❑Address so that we can return the card to you. _ - - C. Date ADielivE • Attach this card to the back of the mailpiece, or on the front if space permits. 1%�� Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No COLEMAN TR, JO 0 5000 TOWN CENTER APT 2401 SOUTHFIELD, MI 48075-1171 ✓ 3. Service Type - )12.Certified Mall ❑ Express Mail Case Nbr — 2002070369 ❑Registered ❑Retum Receipt for Merchandi ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7006 08113 0004 7520 2567 01\1 Qc. ,,J)› 6(3(.23, PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 U.S.:Postal'ServiceTfl N CERTIFIED MAIL, RECEIPT trl (Domestic Mail Only No Insurance Coverage Provided) ru For.delivery:information..visit our website at www.usps.coma„ ru OFFICIAL Postage $ Certified Fee ark I=O Return Receipt Fee (Endorsement Required) ere Restricted Delivery Fee rR (Endorsement Required) c0 Total Postag rp COLEMAN TR, JO 0 D Sent To 5000 TOWN CENTER APT 2401 CI SOUTHFIELD, MI 48075-1171 r` Street,Apt Nc or PO Box No. Case Nbr — 2002070369 City,State,ZII RS"Form,3800,. • ..- _.. structions �1- APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10,02.06 but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land development Code and shall be subject to the penalties therein. c. Temporary permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the board of county commissioners via a public petition request. d. The County Manager or his designee shall accept without fee,temporary use permit applications for sports events, religious events, community events, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large, a specific group of individuals, or the bona fide nonprofit organization. Two such events per calendar year per organization are eligible for this exemption. H. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff.The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSLon an individual parcel of land,when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. i-� c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. LDC10:103 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 3. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures ,prior to daily sea turtle monitoring, 2)failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation:Up to $1,000.00 fine. Second violation:$2,500.00 fine. Third or more violation:$5,000.00 fine. Ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation:Written notice of ordinance violation. Second violation:Up to $1,000.00 fine. Third violation:$2,500.00 fine. More than three violations:$5,000.00 fine. I. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-,animal-,or engine-driven wheel,track or other vehicle or implement on,over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as "the beach" within Collier County, Florida. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions; permit.All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season,May 1 through October 31,of each year,all permits shall be subject to section 10.02.06 1.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this division. LDC10:104 (D • COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.05 j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges, and; I. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. m. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a function- ally dependent use provided that the criteria of(a)through (I)of this section are met. n. Generally, variances may be issued for new construction and substantial improve- ments to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (I) have been fully considered. 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line A. The coastal construction setback line shall be that coastal construction setback line established by the DEP of the State of Florida pursuant to F.S.§ 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The BCC of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing.The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five(75)feet landward of the vegetation line whichever is greater,and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours,the vegetation line,erosion trends,the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. D. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the fine of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. LDC9:14 7. VARIATIONS FROM CODE REQUIREMENTS 9.04.06 E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. F. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County GMP and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these beach nourishment permits. G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances.An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL(both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: i. For a property less than one acre in size,the sign shall measure at least one and one-half square feet in area. ii. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. LDC9:15 D 4 . COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.06 c. In the case of a sign located on a property less than one acre in size,such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property,then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of sign(s) located on a property one acre or more in size,the applicant shall be responsible for erecting the required sign(s).The sign(s)shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach.Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street,however,in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by fumishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners.The sign(s)shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance.The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the board of county commissioners granting or denying i-� a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. LDC9:16 ./ . n VARIATIONS FROM CODE REQUIREMENTS 9.04.07 H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 2. Any modification,maintenance,or repair,to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code,excluding additions or enclosure added,constructed,or installed below the first dwelling floor or lowest deck of the existing structure. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division.This exemption shall not be effective during sea turtle nesting season (May 1—October 31) unless the structures are removed daily from the beach prior to 9:30 p.m.and are not moved onto,or placed on,the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring),or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring.Exemptions allowed under this provision are not intended to authorize any violation of F.S. §370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements A. Waiver of distance requirements. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in section 5.05.05. if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements.The BZA decision to waive part or all of the distance requirements shall be based upon the following factors: 1. Whether or not the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the board to lessen the impact of the proposed service station.Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a minimum of a four-lane arterial or collector right-of-way. 2. Whether or not the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nighttime, or on a 24-hour basis. 3. Whether or not the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. LDC9:17 lo. *" 2625171 OR: 2667 PG: 0850 51>t.>t WWI la OII ut MOM of COLLIR CORK, n 04124/2111 at 11:$710 WIRI I. IIOCZ, CUU IIC III 1.11 I0C-.71 .71 Iota: HIM NY IT aL 2111!OR CIRI!11511 • I01T11111 I2 10175 1155 OUIT CLAIM DIMD This Indenture made this /Sf day of rehrttJrt ,2000, BETWEEN DONALD A.COLEMAN and JO COLEMAN,husband and wife, GRANTORS, whose address is 5000 Town Center, Apt.2401, Southfield,MI 48075-1171 and JO O.COLEMAN,Trustee of the JO O.COLEMAN REVOCABLE TRUST U/A/D JANUARY 27, 1998, GRANTEE, whose address is 5000 Town Center,Apt.2401,Southfield,MI 48075-1171. WITNESSETH: That said Grantors,for and in consideration of the sum of TEN AND 00/100($10.00)Dollars and other good and valuable considerations to said Grantors in hand paid by said Grantee, the receipt of whereof is hereby acknowledged,do hereby remise, release and quitclaim to the Grantee and Grantee's heirs and successors forever,the following described land located in the County of COLLIER, State of FLORIDA,to-wit: Lot 13. Block B, LELY BAREFOOT BEACH, Unit I,according to the plat thereof recorded in Plat Book 12. Pages 34 through 37,inclusiv of,ti 5'i•■ .rds of Collier County,Florida. Parcel Identification Number: O M.71 k- 40000 •14-k IN WITNESS WHEREOF,Grantors; ve,te n o se •ei-bagd and s s •is day and year first above written, WITNESSES: C 0 I, witness lIo. D •OLEMA da�.Q'-r R t�5s O /tint Name 1 - / 4E CIRCA Ze7€"",...Ve0-f-e-----) itnesss •. JO COLE 3—enr cea." `� ire/ Print Name STATE OF MICHIGAN ) ss. COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this ha f day of 2000, by DONALD A. COLEMAN and JO COLEMAN, who are personally known to me or who have each p t uced a drivers license as identification. mamma Notary Public, County, Michigan My Commission Expires: When Recorded Return To: Send Subsequent Tax Bills To: Drafted By: Laura Redmond Mack,Esq. Grantee Laura Redmond Mack, Esq. Seyburzt,Kahn.Ginn,Bess, Seyburn,Kahn,Ginn,Bess, Deitch and Serlin,P.C. Deitch and Serlin, P.C. 2000 Town Center,Ste. 1500 2000 Town Center,Ste. 1500 Southfield,Ml 48075 Southfield,MI 48075 (248)353-7620 Grantee's Taxpayer I.D. No. April 11,2007 Re:CEB No.2007-30 Dept. No.2002070369 Dear Board of County Commissioners of Collier County: Please allow us a continuance of our case until your June 2007 meeting. We have confirmed airline travel on the currently scheduled hearing date of April 26,2007 and vacation planned for the week of your May meeting. We certainly want to settle the question of code violation but the currently scheduled date creates a hardship. We would be most appreciative if our hearing could be moved to your June meeting. In the meantime,if it is appropriate to ask and convenient for you to do so,please consider the enclosed documents relevant to our case.We are enclosing a copy of the cover letter and the permit of approval from the Florida Department of Environmental Protection dated in April of 1999. This document gave us approval at the time of building our home to construct a deck area on the water ward side of our home. The deck was to be concrete pavers set in sand and limited to a maximum of 600 sq.ft. We complied strictly to the perimeters outlined in the permit approved by Jennifer Cowart dated April 22,1999.We,of course,received a certificate of occupancy upon the completion of our home which included a brick paved deck. We are perplexed as to why we are being served with a code violation for something that was approved and installed during the original construction of our home.The enclosed documentation was also faxed to Kevin Halesworth(Collier County Code Investigator)on July 10,2006 and faxed again to Susan O'Farrell in Sept.of 2006. We are very conscientious about maintaining our home as well as the natural beauty of our beach environment.At the time of building our home and on numerous occasions since(after major storms)we planted native vegetation in the form of sea oats and Other native plants along the beach dune behind our home. In every instance we consulted with our landscape company for advice regarding native plant options and the landscape company actually performed the work involved in the plantings. As previously stated we are anxious to resolve this matter and trust you will consider our documentation in an effort to settle our case. Sincerely, i‘;zetid ,/ Donald and Jo Coleman ` t. t Department of �t� E r'� 0 ..o FLOR A Environmental Protection South District jeb Bush P.O. Box 2549 David B.Struhs Governor Fort Myers, Florida 33902-2549 Secretary April 9, 1999 Arboretum Corporation Attn: Kevin Rosenthal 9200 Bonita Beach Road, Suite 101-A Bonita Springs, Fl. 34135 RE: Beaches and Coastal Systems Field Permit Dear Mr. Rosenthal: Please review the attached draft field permit for hardscape/landscaping at the Coleman residence. Please note that the permit will expire on August 30, 1999 . If you accept the permit and the attached conditions, please sign and date the permit where indicated, and return all copies to me at the mailing address indicated below. I will then sign it and return the appropriate copy to you. Please note that the permit is not valid until I have signed and dated the form. My mailing address is: Florida Department of Environmental Protection Attn: Jennifer Cowart/Beaches P.O. Box 2549 Fort Myers, Fl. 33902-2549 If you have questions please call me at 941/332-6975 x 178 . Sincerely, Jennifer P. Cowart Beaches and Coastal Systems Enclosures i Printed on recycled paper. vomErnar FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SN Q Bureau of Beaches and Coastal Systems 01 18 8 6 �'/b ' 39Q0 Commonwealth Blvd.-MS 300 Permit Number: �/'' t:. Tallahassee,FL 32399-3000 FIOR A r ,(450)488x3180 ''::::'(-1 No. of Pages Attached: . 1 .°' 'FIELD PERMITPURSPAid SECTION 161.053 or 161.052,FLORIDA STATUTES } _F } N ) 'FINDINGS of FACT AND COCLUSIONS OF LAJW: The request for a permit was considered by the staff designee of the Secretary of the Department of Environmental Protection and found to be in compliance with requirements of Chapter 6213-33, Florida Administrative Code (F.A.C.). Approval is specifically limited to the activity in the stated location and by the project description, approved plans (if any), attached standard conditions,and any special conditions stated below pursuant to Paragraph 161.053(5),Florida Statutes. This permit may be suspended or revoked in accordance with Section 62-4.100,F.A.C. / / PROJECT LOCATION: /.,�� 0 --/ � ",�,/ ' �� , �r� L% -a,, / /3 } 61r1 -�4'.1 ems, Z , ,�� / .. --rte/ PROJECT DESCRIPTION: _.;:f 4Gc ,I-7i r2«r-- if'eif /T7i P /lent- ../.71--rte 1---- z;o'` jT ��n G' ,,- 71 �f-�. 'Z i f Lo71-r �i,/? �a,l-e 7' v ,- t� L�-u4,., ? '.O C `-ter' / — ` ! /.. :r --,rte J .►er.r�� ,•r ".� /d. - ,e - r'1-7 i//.. .g_ ,_L i SPECIAL PERMIT CONDITIONS: This permit is vdfid only after all applicable federal, state, and local permits are obtained and does not authorize contravention of local setback requirements or zoning or building codes. This permit and public notice shall be posted on the site immediately upon issuance and shall remain posted along with local approval until the completion of any activity authorized by this permit. Other special conditions of this permit include: • . 6 ,,,,.,/4141 LL P/ i, /.. - „,.. _.,,,,,L.,:.. .....-1,,, # /- ----.0,- ice,✓ .., L-sP -�TiG1.�l . i STANDARD PERMIT CONDITIONS: The permittee shall comply with the attached standard field permit conditions. • APPLICANT INFORMATION: I hereby certify that I am either: (la)the owner of the subject property or (lb)I have the owner's consent to secure this permit on the owner's behalf; and that (2)I shall obtain any applicable licenses or permits which may be required by federal, state, ..., county,or municipal law prior to commencement of the authorized work; (3)I acknowledge that the authorized work is what I requested;and(4)I - _ accept responsibilitySor compliance wits_.all permit_Fonditions. Applicant's Signature _ Date � pe �� Telephone No.( y�/) '1q 2 —16'23 Applicant's Printed Name L',..-04./77G/-7 i Address Jog lura Ca o Ian 4e.4' Li r P/107 % n /3004;7a 7a 577,-, /75 If applicant is an ag nI`/4�/)gi-r , 4 g R /V-00 Bah, fa Bet!!A O. (gill ) qyq - /(o 73 printed me of pro ertty 9wner (� proper owner's addressSo,1e property owner's telephone no. DEPARTMENT FINAL ACT ON NCalisfNG�XND ACKNOWLEDGMENT:PThis field'pan sipproveed on behalf of the Department of Environmental Protection by the undersigned staff designee,and Fled on this date,pursuant to section 120.52,F.S.,with the undersigned designated Deputy Clerk,receipt of which is hereby acknowledged. .../:-:" A'n--11.( If (-11/1-‘4/ / ----41/7/.-7<. 1"--- ,,./;;Yell/ "e---..-& / '(//---2,2 11 Stafpesignee/Deputy clerk Printed Name ofDegnee/Deputy Clerk Date PUBLIC NOTICE IS ON THE BACK OF THIS PERMIT. EXPIRATION DATE: 39 t /'/ (Emergency permits issued pursuant to Section 62B-33.014,F.A.C.,arc valid for no more than ninety days and other fickf permits are valid for no •--J more than 12 months. The staff designee may specify a shorter time limit.) EMERGENCY PERMIT: ❑YES Approved plans are attached: ❑YES %NO POST PERMIT AND PUBLIC NOTICE CONSPICUOUSLY ON THE SITE DEP Form 73-122(Rev.8/98) [White Copy-Tallahassee Office] [Yellow Copv-Applicant/ [Pink Copy-Staff Designee] Lely Barefoot Beach Coleman Residence MATERIAL LIST Description Alternate Carissa Auwabukee Dwarf Ilex Indian Hawthorne Fountain Grass Fakahatchee Grass Dwarf Bougainvillea none Coconut Palms Sable Palm Medium Palms Sable Palm,Adonidia Palm(Dwarf Royal). Carpentaria Palm,Washingtonia Palm Myrsine Coco Plum,Sea Grape Aggent Plant Sago Palms Thryallis Nora Grant Ixora Plumbago African Iris Firebush African Iris Dbl Pygmy Date Palm Same Tpl Pygmy Date Palm Same D rhrsrcti i rn Crwn CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-30 vs. DONALD AND JO COLEMAN, Respondents ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 26,2007,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on June 18,2007. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of atiLe ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 State of FLORIDA county of COWER ). I HEREBY CERTIFY THATTh s.fa a but ails correct copy of doula? g v> fie to Board Minutes-Arid,R S�f t plilar Co Wl SS o sod ci { tr41 this day o - 1 TE. BF . . RC, URTS u d D.C. ...,. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this3C7 day of ,2007,by_ Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is pers9nally known to me or who has produced a Florida Driver's License as identification. C= ` } ,; q gnNALURBN KI NOTARY PUBLIC (DgMMISSION#DD 241717 My commission expires: 6 EXPIRES:November 22,2007 ✓�.q. gq,dedThru tut"Pu!>Ii0Undermil CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Donald and Jo Colemen,5000 Town Ctr.,Apt.2401,Southfield,MI 48075-1171 this day of ,2007. M.Jean wson,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. TW Management of Naples, Inc A/K/A Naples Investments, INC Respondent(s) The Beijing Restaurant (Business) CEB No. 2007-36 DEPT No. 2007020761 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 Deed 9-10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-36 n COLLIER COUNTY DEPT CASE NO.2007020761 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. TW Management of Naples Inc A/K/A Naples Investments,INC.,Respondent(s) The Beijing Restaurant(Business) NOTICE OF HEARING To: TW Management of Naples Inc A/K/A Naples Investments, INC The Beijing Restaurant(Business) 430 Heron Ave Naples,FL 34108-2118 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building, Third Floor,3301 East Tamiami Trail, Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. /�_"/`�� Bendisa Marku Operations Coordinator 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.2007-36 DEPT CASE NO.2007020761 TW MANAGEMENT OF NAPLES INC A/K/A NAPLES INVESTMENTS,INC,Respondent(s) THE BEIJING RESTAURANT(BUSINESS) 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 Collier County Land Development Code,as amended Sec. 5.06.06 [CC] 2. Description of Violation: This is a recurring violation involving accent lighting on exterior of said property. 3. Location/address where violation exists: 10975 Tamiami Trl,Naples Fl(folio#62470120008) 4. Name and address of owner/person in charge of violation location; Naples Investments Inc, 430 Heron Ave,Naples Fl,34108 5. Date violation first observed:May 15th,2006 6. Date owner/person in charge given Notice of Violation:June 5',2006 7. Date on/by which violation to be corrected:June 21'`,2006 8. Date of re-inspection: February 28,2007 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 6th.Day of March,2007 Kio'-`Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thisLday of/77i,2007 by K (Signature of Notary Plic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced Indira Rajah REV 3-3-05 --Commission#DD273349 i?TE,_...OP Expires:Dec 07,2007 ,(111,‘'S oc F� � Bonded Mat Atlantic Bonding Co.,Inc. r� Case Number 2006050870 �� COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NAPLES INVESTMENTS INC Date: 6-5-06 Investigator SHERRY L.PATTERSON Phone: 239-403-2314 [PROPERTY OWNER] THE BEIJING RESTARAUNT [BUSINESS] Zoning Sec 28 Twp 48 Rng 25 DIM Mailing: 430 HERON AVE Legal: 1267 Block 3 Lot 6 NAPLES,FL 34108-2118 Subdivision 10975 TAMIAMI TR N NAPLES,FL 34108 Location: 10975 TAMIAMI TR N Folio 62470120008 OR Page Unincorporated Collier County Book i • 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 tak4 the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. TURN OFF AND / OR REMOVE ALL ACCENT LIGHTING FROM PREMISES,AND CEASE ALL FUTURE PLACEMENT THERE OF. Ord No. 04-041,as amended Section 5.06.06[CC] ❑Ord No. 04-041,as amended Section f Sunolemental attached FLCI No. 04-041,as amended Section No 04-041,as amended Section L No. ,as amended Section ON OR BEFORE: JUNE 214 2006 ❑Ord No. ,as amended Section Failure to correct violations may result in DESCRIPTION OF CONDMONS CONSTITUTING THE VIOLATION(S). 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 Did Witness: ;1000 per day per violation, as long aff the violation remains,and ON 5-15-06 ILLUMINATED ACCENT LIGHTING ENCIRCLING costs of prosecution. ROOFLINE AND [2] DRAGONS AT ENTRANCE TO THE BEIJING RESTAURANT. REPEATED WARNINGS REGARDING ACCENT LIGHTING AT THIS SERVED BY: LOCATION, HAS NOT RESULTED IN COMPLIANCE. THIS ['Personal Service ertified Mail ❑Posting of Property CONTRARY TO THE COLUER COUNTY LAND DEVELOPMENT CODE OFax AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT Marl CODE. I-lSuaalemental attached Signature and Title of Recipient Print Dated this 5th day of JUNE 2006 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT SHERRY L.PATTERSON INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 341", (239) 403-2314 Investigator signature / VQLATION STATUS: ®Initial ❑Recurring ['Repeat • Notice of Violation Otieinal to File Coov to Respondent Coov for Site Postine Coov for Offici J Posting P..,acne 2 7 - • _ 0 . -6 >z° �p 1 - . # o> �� 7 �� w - i Ts • p IJItJ f E o ni p `0 V E v v $3 5s) ru cif i a m •- br m .-021 2 v [� • - m as �9 ¢ !,$o o oEmSE o pmti G1q«>.° u. 2D� U _45;43 COQ Z O ; d Q. W O +. 41 H ri r~ n Vj Q% p O •N CD 4 u) 'ci 2+g cti U E H "m . 0 O • 2 io >vmWS z o o C] v W 5m43smm a [� o 14; `�ovE2a vi >�' N 2, • II. of p- $Q z 4 ' cc . O W Rf V V C Ji H O i4 • — m C 03r'm,m rnwcn z Co r. V I" wxw ;3 z z U�a c4,. Q .. z m cg ,f24 v.' , u 5 E 6 N a a. h. 5.06.00 SIGNS Page 18 of 21 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. Signs located upon, within, or otherwise encroaching upon county or publicrights- 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. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State law references: Display of unauthorized traffic signs, signals or markings, F.S. § 316.077. N. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed 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 . 5.06.00 SIGNS Page 19 of 21 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 aprincipal 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 (V) 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. , .. . _ 5.06.00 SIGNS Page 20 of 21 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 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 1_Ai__/n_1_______I -•'- i- ---- /____ _ /TN_ _T T•----it nnnn/1 /1 0.-/A^ nM/...nnr. 7 1/L111V11!lin3 Page 2 of25 GMP Collier County Growth Management Plan GTMUD Gateway Triangle Mixed Use District HVAC Heating, Ventilation, &Air Conditioning LDC Collier County Land Development Code LOS Level of Service MUP Mixed Use Project NAICS North American Industry Classification System NBMO North Belle Meade Overlay NFIP National Flood Insurance Program NGVD National Geodetic Vertical Datum NOAA National Oceanic and Atmospheric Administration NRPA Natural Resource Protection Area PC Planning Commission PSP Preliminary Subdivision Plat PUD Planned Unit Development RFMU Rural Fringe Mixed-Use RLSA Rural Lands Stewardship Area ROW Right-of-way SBR School Board Review SDP Site Development Plan SIP Site Improvement Plan SFV1/A/ID South Florida Water Management District SLOSH Sea, Lake, and Overland Surge from Hurricane TDR Transfer of Development Rights TIS Transportation/Traffic Impact Study (Ord. No. 04-72, § 3.A; Ord. No. 05-27, § 3.A; Ord. No. 06-08, § 3.A) 1.08.02 Definitions Abut or abutting : To share a common property line or boundary at any one point. Accent lighting : Strands or tubes of lighting that outline a structure, or to maintain a common architectural theme to attract attention to any business, service, or other related functions. Access : The means or place of ingress and egress, by pedestrian or vehicle, to a lot or parcel. Access waterways: A waterway which is developed or constructed in conjunction with the division of real property for the purpose of providing access by water to lots within a subdivision. (See Chapters 4 and 10). Accessory parking zone (APZ): Residentially zoned lots having a common lot line with, and under same ownership or legal control (lease, easement, etc.) as Subdistrict NC and used for parking only. Accessory unit: An accessory unit is a separate structure related to the primary residence for uses which include, but are not limited to: library studio, workshop, playroom, or guesthouse. Accessory use or structure : A use or structure located on the same lot or parcel and incidental http://libraryl.municode.com/mec/DocView/13992/1/3/11 3/6/2007 A . • Printed for Lawyers' Title Guaranty Fund, Ortondo, Florida This instrument as prepared by: v 4' PREPARATION OF INSTRUMENT WITHOUT OPINION STANLEY J. LIEBERFARB • CATALANO & LIEBERFARB �i'�f �rranty deed 459134 The Collier IiuildTr. No 27S r } + (STATUTORY FORM—SECTION 684.01 F.S) 3003 Temlami Tntl North NAPt IS rF g 1 33940 units 3nbrttturr, s AID ...000.t FACE 2 ' Mode this day of May 19 77 , $irtuirrn •• .. 4 ' GEORGIANNA DVORAK, f/k/a, GEORGIANNA CENTENARO, a single woman • of the County of COLLIER • stare of . FLORIDA grantor', and -'NAPLES INVESTMENTS, INC., 'a'Florida Corporation . whose post office address is 3003 Tamiami Trail North, Suite 275, Naples - .- ' • of the County of COLLIER • State of FLORIDA - , grantee', • Witntaseih, That said gronrr.• for and in consideration of the sum of TEN and 00/100 and other good and valuable considerations to said grantor in hand (510.00) Dollars, acknowledged. has paid by said grantee. the receipt whereof is hereby • 9 granted, bargained and sold to the said grantee, and crontee's heir and assigns forever, the following described'loud, situate, lying and being in COLLIER County, Florida, to.wit. • • - REC. o0 SLTR, 4/.30 Lots 45 and 46, Subdivision of Block 1, Unit 1, N pies Park, _ DOC, 34506 per plat in Plat Book 4, Page 5, Public Records of;) Collier INT. County, Florida. `• , SUBJECT TO reservations, restrictions and easements of record and taxes for the year 1977. - ' By acceptance hereof, Grantee agrees to assume and pay any sewer a • assessment that may pertain to the captioned property. By acceptance hereof, Grantee also agrees to assume and pay that certain mortgage in favor of FRED H. KENT and MARGARET E. KENT, with the approximate principal balance of $32,000.00, as reflected '�'1,. in Official Records — Book 449,' Page 656, Public Records of Collier .t County, Florida. • • Il and said grantor does hereby fully warrant the title to said Innd o" •k d will defend the some against the lawful claims of all J • persons whomsoever. -. r"Grantor- and "grantee" are used for ungular or plural, as context requires. r— ,in 3llitnrnn 111 ilrrrnf, G,ontor has hereunto set ' - Signed, a d and delivered in our presence grantor's hand and seal the day and year first above written. _ • :f eo . (Seal) • CEQRGIANNADVDVORAKe • ,a., f -- ... _. (Sean - _. _ -- -- !Sean . .x STATE OF FLORIDA • • COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, on officer duly qt nG e ocnowled menu, lied to cokk 9 personally appeared -- - GEORGLANNA DVORAK, f/k/a, GEORGIANNA CENTENARO, a single woman to meskit9wkfo;be the person described in and who executed the foregoing instrument and acknowledged before me that . S he' executed the•"some. WfTNF.,S$QT/lirtd-arid official seal in the County and State lost aforesaid this ~ 19 77.—rr q �/ –" day May nitfE'comrth�,+Edrj,►�G I.` -�(ls/LLIs � �I b'- P1r6Ff'1c^Ca of L'a•fry L C` �l�!• •'•1!:COrttnta;,on LsTJ,..cs C,.,. a 1:: t�(otary Public Y. 1r3 ��/// iwso6u,0 -Sq►`ttt Lashar Ls�:a..a,l R.. --._-_ y .-rte / J* .�i L� 1.' _ 7 --. , '••,,,...•,..•-•,--'I.''': .l• . , •,•'-'' ..• .,...* ..-. . _ . . -. . ... , •. • Err, 687 _ -7. ICE_ I PAC/ 3 . . . ,. • ._ „ . . . . . . , .. . . . . .. . , .., __. , 5— , . — FLORly.A _ • • _ _. •,zo • t^ • .c.' , aor:g. MAT „s\,. )1:— 9 I. 3 0 =I.'- . _. •. — •. . P. . . - .... KUM 4...5\..1 -. • , : ,... ,. •.., ,,‘„ ''-.....":'. . • , . . . ... . . . . . . . .. .. ., •. . .. - • '. . .. , . .. •..-, . . . . . _..._. ..__ ...— tr., •■ . .• - '.... „ STATE OF FLORIDAfc r DOCUMENTARY ,—.,. STAMP TANI • •-. . • c•_- • Ocrl of REVUTUT.' . X• z._ f I ' -.. • _ .,'4-. -....., L., r: = 'r--€"••••• 4, a 3.- -4 - a . 0 0,i . . ..... —......._____,.-...-..--- MI . ...... • '. • • . - .• s 0 .. ... , •-•• • .• .. . • . . • . . . . ... • '. • Zi4f4Y. ".--- . . •_ .• , • i .. . • . ' ',.' • . ' :...ir. . . ,•... MAY 6 9 C'9 tiir '77 • , - • - - •._ . . .. . • . •, • ._ . • . ..- •. , 4, • - .. .• . •. . . . . . . • - . . . . • • . ,.. • • • • • . .. .. . . . . • -.( • ' . .. .. _ ... • . .. . ... . . . . . . . • . • . . .. • ... • .. ., • • •, ., .. . • ., ... . .... .. ...• . FI .... . . . ..- . ., • . - ..,...,„,m Otloml I:mooch of COLiiiR COuNTY.FLORIDA WILLIAM J.REAGAN Clock of Do...rio NV • . - ,.. . ) -. . - . .. ... - .• • . . ,. . • . - . . L April 16, 2007 Collier County Board of County Commissioners Code Enforcement 2800 North Horseshoe Drive Naples, Florida 34104 Gentlemen: RE: TW Management of Naples/Naples Investment, Inc. The Bei Jing Restaurant 10975 No. Tamiami Trail,Naples, Fl 34108 Case No. 2007020761 We are in receipt of your letter regarding the code violation,requesting that we appear for a hearing on April 26, 2007. We regret to inform you that we will be in Arizona due to a medical problem with our son and am therefore asking for your consideration in this matter. We understand the next hearing would be scheduled sometime in the middle of May. Upon our return to Naples, we will be leaving to return to Ohio for the summer months and unfortunately will not be in Naples at that time. We have informed our tenant, Mr. Jiang, owner of Bei Jing Restaurant,verbally as well as with a letter(copy enclosed)that these lights must come down. He has done so and we are enclosing pictures of the building showing this. He has agreed that he will only use these lights during the Christmas Holiday Season. The Christmas lights around the side of the building have been removed as well as the rope of red lights around the lion statues. The globes around the front of the building will not be illuminated during the remainder of the year. We trust this will meet with the code requirements. He states he did not receive the violation warning given by your investigator on Feb.22, 2007. If the warning was verbal,perhaps he or his staff did not understand the meaning of it,because they speak very little English and their understanding of it is extremely limited. We are confident he will not violate these codes again and we appreciate any consideration you may be able to give us. Sine 'ely, -? 41. CC Remo E. Cifani TW Management Co./Naples Investment, Inc. Enclosures April 13, 2007 The BeiJing Restaurant 10975 No. Tamiami Trail Naples, Fl 34108 Attention: Jiang This is to inform you that we have received from the Board of County Commissioners a letter informing us that you have violated the code regarding the lights around the roof of the BeiJing Restaurant. We have been advised that on Feb. 22, 2007 an investigator informed you of the violation and gave you until Feb. 28th to remove them. On Feb. 28,the investigator returned and took pictures of the restaurant with the lights on the roof and and also on the figures of the lions. Because of this violation, we, as owners of the building, now must appear before the Board of County Commissioners to explain this violation. Any expenses, including legal fees, that we must pay will be passed on to you. Please have these lights removed immediately. Remo Cifani Nick Centenaro TW Management/Naples Investments,Inc. •5i. ,.' . -. : as r-i � 1F- a .w . a': ry • r s: ,- io 'fir .- C . a "w : a . ; f s _,. t .,__;-;- - .:,4.,-..,-g, .�' 3 S� g'i51 1 5 5�v 4.00! #. . ,,••'.`4,,i, , . ' . tiC::til'i .,:tr•:-...• -;:''''-' .'''. -74::::),- ''''.iP.i:i'• '.: J3.14%.t. '.:kh,L Tip. ?�$, { ,, � 1 �, '; •zy L '',, CFl is ti.' w -,,,,,,, , if,. .rte • ,p . u_ r• r Att.. t •.r } ".tom - ¢' F2 ' ('_5kf'ye ,F' •••• i /.,,.,-' :'.-‘'. e' IIR 5,= - w+-+'XF. ^! - -sst'., ,;l+ .Y1i�s+G .w..e+��. 'i4 t tfa.: ,hY..4 ., ems_Z ' - ` c zJs. I ;t - Srt a CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-36 vs. TW MANAGEMENT OF NAPLES, INC. a/k/a NAPLES INVESTMENTS,INC. The Beijing Restaurant(Business) Respondent / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 26,2007,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on May 24,2007. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of (3, ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: __IL Sheri Barnett,Chair 2800 North Horseshoe Drive State al FLORIDA Naples,Florida 34104 ,;ounty of COLLIER I HEREBY CERtfFi-Toat4 Is a true an correct copy 8f a oac 7vn onffile in Board Minus ar,d we-cras of Collier Counter WrrNEss hand and officia 'seal this t14"-day a! • OW T E. BR• rik^',r.. 11K'OF COURTS IP 'I D.C. �!� STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, ..)0-•V`day of 'PVC \ ,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓ personally- known to me or who has produced a Florida Driver's License as identification. �� 'r l_UMAt1WiN 'flt r MY COMMISSION#DO 241717 NOTARY PUBLIC M"�1 , 4.>. ' EXPIRES November 22,2007 My commission expires: y, ea�dedRtfu PubicUnderwrRer. Aft .,: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to TW MANAGEMENT OF NAPLES,INC.a/k/a NAPLES INVESTMENTS,INC.,The Beijing Restaurant (Business)430 Heron Avenue,Naples,Florida 34108 this day of ,2007. 1 7 Dr M.Jean R 4vson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Frank Fernandez., Respondent(s) CEB No. 2007-22 DEPT No. 2006120044 ITEM PAGE(S) Notice of Hearing 1 .-. Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-8 Deed 9 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-22 DEPT CASE NO.2006120044 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Frank Fernandez,Respondent(s) NOTICE OF HEARING To: Frank Fernandez 11987 SW 6th 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 9:00A.M. at the Collier County Government Center, Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet (Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a fording that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. } /42 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 6d' St Miami,FL 33184 5. Date violation first observed:December 24d,2006 6. Date owner/person in charge given Notice of Violation: December 5`,2006 7. Date on/by which violation to be corrected: December 28`,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 ,..... ees....„_ Code Enforcement,Investigator STATE OF FLORIDA COUNTY OF COLLIER ++ ��"" // Swor ,o (or affirmed)and subscribed before thistlay oth4 412006 by I f ✓ 1c'L ■ (Sig'ture of Nota y Pub ic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced ��'OT�RYI�TBLIt'-STATE OF FLORID! :=Shirley r:, , Garcia '�..; ssi,r #17D50730c -,.__.. ` v'fi[a��c Bondthg Co.,?r / REV 3-3-05 0 Case Number`}&�:�Oo4-11 COLLIER COUNTY CODE ENFORCEMENT �—� Commercial/Recreational Vehicle Parking �, NOTICE OF VIOLATION z., Fact es L Date:/ ? 45l19& Investigator f Phone: 239630-686 Zoning Dist CJ 1 �� Sec J. Twp Rng Mailing: I l Cl! -1 sw S--i- Legal: Subdivision Block Lot Hi txr-; PA _33i Location: �G -4-P� Ar�r s ejt.t 1 9�5 Folio ( ,5AQt.{-wQ. OR Book O Page ))8 I Unincorporated Collier County 1 NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. VIOLATION STATUS: 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 Initial DRecurring ❑Repeat the above-described location. Ordinance 04-41,as amended ORDER TO CORRECT VIOLATION(S): 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 You are directed by this Notice to take the following hereafter be developed, or occupied, and no building structure, or part thereof shall be corrective action(s) erected,reconstructed,moved located or structurally altered except in conformity with the ['Must obtain and affix a current valid license plate to each vehicle/trailer not regulations set forth herein and for the zoning district in which is located. stored within the confines of a completely enclosed structure, OR store same within a completely enclosed structure,OR remove offending vehicle(s)trailer(s) Section 2.02.03 Prohibited Uses Any use or structure not from residentially zoned area. y specifically identified in a zoning district as a permitted use,conditional use,or accessory use shall be prohibited in ❑Must repair defects so vehicle is immediately operable,OR store same within such zoning district. 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 ❑Section 2.01.00(A)Inoperable/Untagged Vehicles. Vehicles or trailers of any waterway(as permitted),OR remove offending vehicle(s)/equipment from area type that are not immediately operable, or used for the purpose for which they were zoned residential. manufactured without mechanical or electrical repairs..., or do not have valid license ❑Store commercial vehicle(s)/equipment in rear yard AND conceal from view, plates,...,shall not be parked or stored on any residentially zoned or designated property, within a completely enclosed structure,remove_ladder(s)and/or_pipe(s) ivauqing the E estates district, other than in a completely enclosed building. For the from vehicle roof,OR remove offending vehicle(s)/equipment from residentially e of this section a license plate shall not be considered valid unless it is both affixed zoned property. hicle or trailer in a fashion authorized by Florida law and is registered to the vehicle emove vehicle(s)/equipment from unimproved property and/or property ler upon which it is displayed. re lated by an approved Site Development Plan. ❑Cease and desist sale and/or display of vehicle(s), equipment, and/or ❑Section 2.01.00(B) Recreational Vehicles/Equipment. No recreational merchandise adjacent to any public right-of-way. equipment shall be used for living, sleeping, or housekeeping purposes when parked or ACease using recreational vehicle for living/housekeeping purposes. stored on a residentially zoned lot, residential districts, or any location not approved for ^ 10© such use. In districts permitting single-family homes or mobile homes,ma j or recreational n Supplemental attached ached 7` 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 ON OR BEFORE: t✓ c4 200 c may be parked anywhere on residential premises, other than on county rights-of-way or Failure to correct violations may result in: 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. 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR ❑Section 2.01.00(C) Commercial Vehicles/Equipment in Residential 2) Code Enforcement Board review that may result in fines up to Districts. It shall be unlawful to park a commercial vehicle or commercial equipment on $1000 per day per violation, as long as the violation remains, and any lot in a residential zoning district unless one of the following conditions exists: costs of prosecution. 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. SERVED BY: 2. The vehicle and/or equipment is parked in a garage or fully enclosed structure or ❑personal Service ified Mail 'o ing of Property 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 EFax ❑Mail 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 Signature and Title of Recipient 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 ) 4,er or one unit of pipe which does not exceed 12 inches in diameter per commercial Print Said equipment shall be secured atop the vehicle and shall not extend beyond ength,height or width of the vehicle. Investigator signatur ❑ Dated this '7") I day of ,20 Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 11/05 `l, AFFIDAVIT OF MAILING Reppandent(s): Code Case bb k, LV ,'t/ CEB # THE DESCRIPTION OF'1'HE 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: , 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 // 9g 7 Sw Sj- (Address) • "r7iQ me On this V '' day of , 20 0 t Si .aturee �S J Title STATE OF FLORIDA COUNTY OF COLLIER —I Sworn to(or affirmed)and subscribed before me this slay of n-a/v w 200_,by K ark 5 I GYM (Name of perso statement) (Signature of Notar ibl ) NOTAre pUBLIC-STATE OF FLO es Kimberly Bran ds (Print,type or stamp Commission#DD462009 Commissioned name of Notary Public) Expires: AUG. 31, 20 r)nud ThrU Atlantic Bonding Personally Known Produced Identification ' ype of Identification Produced ` Affidavit of Mailing Original to File Rev 6/03 AFFIDAVIT OF POSTING Respondent(s): Fernandez,Frank Code Case 2006120044 CEB # 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: 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) on December 6, 2006 , 1100 IZA ,and at the Collier County Courthouse. (Date) (Time) Signature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER S to(or affirmed) and subscribed before me this (4 day of I .- 200(7 ,by r� GARY P.DANTINI (Name of p- !� gjirment fie irk. Commission#DD0175190 u-• Expires 1/1/2007 ‘lorn.te Bonded through (Sign. a ..'�. . blic) (800.4324254) Florida Nota ' JJ"I/✓T rY ..fine. (Print,type .r stamp Commissioned name of Notary Public) ^Personally Known �/ 'roduced Identification Type of Identification Produced Affidavit of Posting Original to File Copy of Posted Notice and Pictures Attached 6/03 tJ . 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 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 --7 `� . 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 OUR CASE NO. 3080-il WARRAN'T'Y 1)F.ED-CORPORATION INDIVIDUAL RETURN TO: GULF BREEZE 'TITLE INSURANCE AGENCY *** 2269150 OR: 2380 PG: 1161 *** �� 2503 DEL PRADO BLVD. , SUITE 402 CAPE CORAL, FLORIDA 33904 "?^3' " :??-"A- MB:JR9) u:_.`3? ;J:!?? ?; ii 1: -...'.AM :'i:J . Z. 330;3. .:3R3 THIS INSTRUMENT PREPARED BY: M 11:3.:: Marlene VanCleft :1i„? GULF BREEZE 'TITLE INSURANCE AGENCY ::,4 ' 2503 DEL PRADO BLVD. , SUl1T 102 33: ??? ;; CAPE CORAL, FLORIDA 33904 i4.1( PROPERTY APPRAISERS PARCEL 100 '`'° UUU0U396S824UU'J5 --_: :333:3 7:7:3 :1 '`;3 _- :1 .t : THIS WARRANTY DEED Made the' t per day .1 3-n 19 F;'_ AMERICAN PRIME GROUP, INC. , A FLORIDA CORPORATION 0 . A CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA AND HAVING II'9 10 PLACE OF BUSINESS AT: 5805 Blue Lagoon Drive, 11480, Miami, FL 33126 'IA.'is HEREINAFTER CALLED THE GRANTOR, TO 7' 440 FRANK FERNANDEZ • l WHOSE ADDRESS 1S: C/0 AMERICAN PRIME GROUP, 1NY. 115757120 5805 Blue Lagoon Drive, 8.80, Miami, FL ii1So HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERM: "GRANTOR” AND "GRANTEE" INCLUDE ALL :'HE PARTIES TO THIS INSTRUMENT AND THE FIEIRS, LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND THE ' CCESSURS AND ASSIGNS OF CORPORATIONS, WITNESSE'I'H: THAT THE . -N. '' .. T ,)- MG OF , �'y, F' T'liF: SUM OF �_U Jv AND OTHER VALUABLE CONS UNS, RECEIPT 'ifh )F IS HEREBY ACKNOWLEDGED HEREBY, GRANTS, PARGAI,N ELLS, ALIENS, REMI':0, ELEASES, CONVEYS AND CONFIRMS UNTO THE GRANTEE, AL),c TH 11 ,.txce I LAND " 'TTATE IN COLLIER COUNTY, FLORIDA, :'1S: The South 7S It u/ [le _ 111 _ ; I u, 77 GOLDEN GATE ESTATES. �\ Unit 60, according o to p 1_c c c ei it Plat BuuR pages' 02 in the Public Recor s tf 'Mlle• 00 z ' Subject to Mortgage Ne • i' �'al e �r a' .k 2010, Pay 1131, in the Public Records of C pl. F1ori•--, which / Grantee does agree to assume and to pay the balan e ereof.The ass on a is $13,308.63. SUBJECT TO EASEMENTS,' .•'RIC"TIONS AND�REE, 1 • . , OF RECORD TOGETHER WITH ALL THE -N' ,NTS, HEREDITAME ' )t APPURTENANCES ':'HERETO) BELONGING OR IN ANYWISE ' .'R ' ING. TO HAVE AND TO HOLD, THE SAME 1 TP4 i FOREVER. AND THE GRANTOR HEREBY COVENANTS WITH SAID GRANTEE 'THAT TILE GRANTOR IS LAWFULLY SEIZED OF SAID LAND IN FEE ;IMPLE; THAT THE GRANTOR HAS GOOD RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND; THAT THE GRANTOR HEREBY FULLY WARRANTS THE TITLE TO SAID LAND AND WILL DEFEND THE SAME AGAINST THE LAWFUL CLAIMS OF ALL PERSONS WHOMSOEVER; AND THAT SAID LAND IS FREE OF ALL ENCUMBRANCES, EXCEPT TAXES ACCRUING SUBSEQUENT TO DECEMBER 31, 1993, (CORPORATE SEAL) IN WITNESS WHEREOF THE GRANTOR HAS 'AIDED THESE PRESENTS TO BE EXECUTED IN ITS NAME AND ITS CORPORATE SEAL TO BE HEREUNTO AFFIXED, H'i ITS PROPER OFFICERS THEREUNTO) ATTEST: DULY AUTHORIZED, THE DAY AND YEAR FIRST ABuVE WRITTEN. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: i AMERICAN PRIME GROUP. INC. Signat ' :''�`_ Print Na -2. Signat r ��/r%L� OORCF: l.JYE2, PRESIDENT Print Name- -,i/L yCSC4, )0 TWO SEPARATE WITNESSESS REQUIRED STATE OF FLORIDA COUNTY OF DADE •THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS s""- DAY ,:P 19, " BY JORGE LOPEZ PRESIDENT OF' AMERICAN PRIM GROUP, INC., A FLORIDA CORPORATION • ''■ ON BEHALF OF THE CORPORATION. HE/SHE IS PERSONALLY KNOWN TO ME OR S PRODUCED• THE FOLLOWING TYPE OF IDENTIFICATION. ( —'--- - ----- - ,�S -- ---.. ..2......22...2... ... _ ' IDENTIFICATION AND llID NOT TAKE AN OATH. / 40"ftf cEf,a M NEMOOMp ` ^^>wt+n CCA 1 1/tln c 14.=I)4 .,1•,••OctOS,IWO SIG T'U_itE (NOTARY 8�JBL1{Z) --- ..._.._._. ._.........._ .._._< <«r!__ ..'-- ....__. .2..22..2__....-- MY C'OMMS6SdeN EXIY'I1Yl tom- PRINT NAME -- SEAL _ - SERIAL. 11 7 covrvili Egiti64- `d• CeR cafe_ -it 0007 22 CDPR0002 - Image Print Cr-44t * Z.Ao 412,0 04 CD-Plus Report - Code Case Image 7 CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 View from the front of property of two vehicles and two RV's being IMAGE DATE stored JM-52 12/2/2006 03� k1 �` r .'"x. r° _ ,, "n.sra. ru .sw` ,g �i �' S t ° &� � � ) ;pia � ° '"., �' "4' "�r �5 y!�' ' Y '" '. :r ,, �y .a. „rte;l Tr-- T Airgrsi- • 1202.20O6 Collier County Printed on 3/21/2007 2:59:33 PM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 Generator on site used by property owner when he stays in RV JM-52 IMAGE DATE 12/2/2006 1'402;20:k Collier County Printed on 3/21/2007 2:59:47 PM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 veh's and campers stored on unimproved property IMAGE DATE 12/6/2006 • y 4 x p '��" `?:x '�.i �' F5: r 3Y k a h 'x • ; ; Collier County Printed on 3/21/2007 3:00:15 PM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 camper trailer remains IMAGE DATE 1/26/2007 * F I rryx- } ercY t ., � i fir. ,, $ w • ti , Collier County Printed on 3/21/2007 3:00:41 PM Page 1 CD-Plus for Windows 95/98/NT CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 mower, generator, lawn mower, IMAGE DATE 1/26/2007 My � % 4 _ 3} �i*Lf,`.G-`Ci *� Y °*�"'.T' mY W w t• 4, ,i14, - ac v l' —..,}°. 4rc d ; ': '''.:, *.:oU '...i. 9C.0'.n';141:ii''114,.. ,:'..7'',5ris'Zt 4.':/elj:4 7S a a 1 - a Collier County Printed on 3/21/2007 3:01:16 PM CD-Plus for Windows 95/98/NT Page 1 f , � � �t Vie'# �� r r rz � f j , . g s iN.∎ s : ` 1' * CY AB. + r r� 9 ; ity�s v'i - , y r d�e w{%.,'r 1 Y';$1'-,)r $ y l gg • ,c e a4 f;T ,,rfi t y4 g + d S 'F't;'t '''''''''S e 't ty..! ( r 6 + } r A j ` -- A�' F +F1 w � k� , t i . . '� 555 j',:;:';;-::::...;:1-.:,-;: :s 1�. ,y+ ,1'4. IH1�K ,1'.117;n' p g�* " kli..�j t f K t' 3 n" -k ,yr t e s t o • 4,144.',',.k.:,,.-111,-;,.-: : „ , - 1 ._/t w t �1M , ,it . .r"t 1 4 _ _ r1i. 14,,,,, . .,,,:.,..;.,,,,..4...,„,:" s 4C" 1 ty Y ?# y7$ 'd g3 11" 4 _ 'kr 7 a, A - ti .. s B a � .r p �' .p �� w :34^ 4�,,� r i i?s k.x < _. .. k tea. $ a , a �'' a . A + k. �■��, '� r'"r" ��k ,. ^? 3 -. i}"` � { 4. w 1, _,S I,r { t - r - ' .' e14-7-1::::.,,,,;30: 7...„--;40H1j1111,'-14.* . ' ..--.-;,:::: :,.--is,r,Irr;irr,r,r, .-= r , ' 1 1M n � gy r v _ 1 iit'''''' § k G _ n ,fir : r 54 � � _ r� i ^ ,,xa,,a ? '+. 3 r2. >" e. Y� � PA:".,.... $ � � � fit., h xs Y "t ` var„ T' P r.• ..'. "! (y ° 4 tn� +* 1_ a te , a gar c ,� ? �f�fi x ,2.4.....,:°..-.,,A...--,:. . " 4' L ,,'''%` ,,:f1...,,,.::,,,,,::1,,,.,,,,:,..., a 7 :,r; ors 4= - -: si 4 w '"'-',''',Ft..41,,,,#0,,,,,,, +}... fr HEM tK l'''''::::','S:,,-, . it 4 . . , i( It ;r a * mss- ..-__ • wa. 41211-,0 711 54 arri - B cam- _ " t 'w, r 8 r` s .r'r"�f I' +t 111 .. -. p ,. • r • f5 • • CM ,1 d n -- K is t .' - — il .. • my fir,. J^ +tea+6'* ` z f, ,, r E ;.;,..e.,-...,i.,1::::',-;77:7:7.,7.,:,:. „ ,,-.-7.--"--,-, „ r 4 2 , M f { # , 8,,,,,,,,,t; d a., , , ,,„4_,0 �� .. l � a. e `� r� } , .ky...„ :. ,.1.„ti:4-1-„...-.,p" ,!_ j y` ors >� a CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 NOV posted at property IMAGE DATE 12/5/2006 ygfy. 12;1)5.12006 12 50 pm Collier County Printed on 3/21/2007 3:00:03 PM CD-Plus for Windows 95/98/NT Page 1 THE LAW OFFICES OF JOSE L. LAGO, P.A. J Reply to: MIAMI JOSE L. LAGO, ESQ. MIAMI OFFICE: NAPLES OFFICE: 3940 West Flagler Street 2335 Stanford Court First Floor Suite 503 Miami,Florida 33134 (Airport Pulling Road) Tel:(305)569-0033 Naples, Florida 34112 Fax:(305)569-6990 Tel:(239)793-0033 e-mail:www.lagolaw.com Fax:(239)793-0019 Via fax (239) 263 8472 and Regular US Mail April 5,2007 M.JEAN RAWSON, ESQ. 400 FIFTH AVE SOUTH, STE 300 NAPLES,FL 34102 Re: BOARD OF COUNTY COMMISSIONERS, vs. FRANK FERNANDEZ CEB NO.: 2007-22 Dear M.J. Rawson: This letter serves to inform you that we are not representing Mr. Fernandez with regards to the above mention matter. Mr. Fernandez has not contracted my offices for representation thereof. Please forward all pleadings, notices, motions, etc. directly to the Mr. Fernandez with regards to this matter. Should there be any question or concerns regarding the above matter feel free to contact me. Thank you for your time and attention. Sincerely, •./Luis Lago, Esq. L/db cc: Sheri Barnett, Chairperson Collier County Code Enforcement Board Frank Fernandez, Respondent 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-22 vs. FRANK FERNANDEZ, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Frank Fernandez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Folio 39658240005,more particularly described as(see attached legal), of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04- 41, the Land Development Code,as amended,section 1.04.01 in the following particulars: The illegal storage of vehicles and materials on unimproved property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 1.04.01 be corrected in the following manner: 1. By removing all vehicles and materials from unimproved property within 14 days(May 10,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (May 10,2007),then the County will abate the violation and charge the costs to the Respondent. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$386.82. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 0 day of Cita ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:jot ft a Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this aay of C 1 l , 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Flori a,who is "✓ personally known to me or who has produced a Florida Driver's License—identification. CHRISTINA L URBANOWSKI NOTARY PUBLIC ' ,. -A MY COMMISSION#DD 241717 . '� EXPIRES:November 22,2007 My commission expires: 14487)•-3 ,s� Baled Thni Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Frank Fernandez, 13260 Immokalee Rd.,Naples,Florida 34120 this day of ,2007. M.Jean R' 'son,Esq. Florida B�dr No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 State ci FLORIDA County of COLLIER I HEREBY CERTiFi i iHAftitith o true anti correct copy ota'doc,upr 'ori fife in Board Minute&a> d l care f:wilier County t NESS rnIch. ret andcp suet this WITNESS off' OWI E. BRA' , &AV COURTS It,' , OUR CASE NO. 3080-1l WARRANTY DEED-CORPORATION LNDIVIDU.,r RETURN TO: GULF BREEZE TITLE INSURANCE AGENCY *>rt 2269150 OR; 2380 PG: 1181 r" 2503 DEL PRADO BLVD., SUITE 40: CAPE CORAL, FLORIDA 33904 '3'-?:3 ••. :°?:.:A: AMADS ;0:.:3?. ;);5!? !: .. .. ii 1: ...:'AN :i:.; : I. !ACC'!, ::3AK THIS INSTRUMENT PREPARED BY: :;l3 ..I:l .. Marlene VanCleft ;; ; GULF BREEZE TITLE INSURANCE AGENCY 2503 DEL PRADU BLVD. , SUITE 41): i3: :? CAPE CORAL, FLORIDA 33904 il.7. PROPERTY APPRAISERS PARCEL. IOU 0000039f:58240005 c333:3 THIS WARRANTY DEED Made the' ' ' �1.i x' 4r' =N f AMERICAN PRIME GROUP, INC., A FLORIDA CORPORAT'1oN (1 , A CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA AND HAVING Iri w 10. PLACE OF BUSINESS AT: 5805 Blue Luguon Drivr, 8480, Miami, FL I.112v .LA. ii HEREINAFTER CALLED THE GRANTOR, TO )h;111.40 FRANK FERNANDEZ �� WHOSE ADDRESS IS: C/O AMERICAN !'RIME GROUP. INV. 0570''1:0 5805 Blue Layuon Drive, 8480, MIamL, FL (il:o HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERM: "GRANTOR" AND "GRANTEE" INCLUDE ALL rUE PARTIES TO THIS INSTRUMENT AND THE HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND THE CCESSUR9 AND ASSIGNS OF CORPORATIONS' � R Ci jT WITNESSEIH: THAT THE • R `.RJ )NSIDERATION OF THE SUM OF :;10 0. AND OTHER VALUABLE CONS:. ' ONS, RECEIPT 144. )F HEREBY, GRANTS, ➢AREA 44 IS HEREBY CONVEYS CONFIRMS to ` ELLS, ALIENS, kEMr 'ES, UNTO THE GRANTEE, AL TNT ELEASES, CONVEYS ANF I .1 LAND °' TUf.'i'E IN COLLIER COUNTY, FLORIDA. VIZ: The South 75 feet tj t)e 2. ') _ f o. 77 GOLDEN GATE ESTATES. Unit 60, according o ie p x. E 1.r '1 a Plat Book Pageta, o. in the Public Rec•or s 1f 'ollie •, r Subject to Mortgage t* • 1''al le Public Records of C Ji- Cuunt�ri... " r •k 2010, oat's 1131, in the and to Y . Wh ch � Grantee does agree :o assume pay the Palen L ereof.'1'he ass vi'oil • (`^�, e is $13,3013.63. SUBJECT TO EASEMENTS, .••RIG"PIONS AND RE: .1 • 7M TOGETHER WITH ALL THE .:N• OF RECORD TS, HEREDITAME '.t;{ s APPURTENANCES THERETO BELONGING OR IN ANYWISE • INC. z 1 TO HAVE AND TU HOLD, THE SAME Thy C� ` E FOREVER. AND THE GRANTOR HEREBY COVENANTS WITH SAID GRANTEE THAT THE GRANTOR IS LAWFULLY SEIZED OF SAID LAND IN FEE SIMPLE; THAT THE GRANTOR HAS GOOD RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND; THAT THE GRANTOR HEREBY FULLY WARRANTS THE TITLE TO SAID LAND AND WILL DEFEND THE SAME AGAINST THE LAWFUL CLAIMS OF ALL PERSONS WHOMSOEVER; AND THAT SAID LAND IS FREE OF ALL ENCUMBRANCES, EXCEPT TAXES ACCRUING SUBSEQUENT TO DECEMBER 31, 199u (CORPORATE SEAL) IN WITNESS WHEREOF THE GRANTOR HAS t.'AUSED THESE PRESENTS TO BE EXECUTED IN ITS NAME AND ITS CORPORATE SEAL TO BE HEREUNTO AFFIXED, HY ITS PROPER OFFICERS THEREUNTO ATTEST: DULY AUTHORIZED, THE DAY AND YEAR FIRST ABOVE WRITTEN SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF Signet - - AMERICAN PRIME GROUP, INC. Print Na ' _C . c/4C.'\.) � Print Name ! - aSC41� 0 WPC; L�PE2, PRESIDENT TWO SE_ A WITNESSESS REQUIRED STATE OF FLORIDA COUNTY OF DADE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS /t' DAY _'F. 19)'BY JORGE LOPEZ, PRESIDENT AMER/CAN PRIM GROUP, INC., A FLORIDA CORPORATION JF ON BEHALF OF THE ('ORPORATION. HE/SHE IS PERSONA!.!.!' KNOWN TO ME UR) s PRODUCED THE FOLLOWING TYPE OF IDENTIFICATION'( ---------- _ ----- IDENTIFICATION AND DID NOT TAKE AN OATH. A� do y No.. t:eclt 4 M PHMOOM0 '/ //,` .My t.wm>twu,n CC:1111tln r-- -c_7't�.L..LXiFi.._ �`_7 ? SIG TUBE (NOTARY 8k1BL1 ) MY coriclE6sa& EX1'+'tirijtase' C NAME AME SEAL PRINT N SERIAL a /J7 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jobani A. Gonzales, Respondent(s) CEB No. 2007-26 DEPT No. 2006110055 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-8 Deed 9-10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-26 COLLIER COUNTY DEPT CASE NO.2006110055 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jobani A Gonzales,Respondents NOTICE OF HEARING To: Jobani A.Gonzales 2561 6th Avenue NE Naples,FL 34120 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,Naples,Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. 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.2007-26 vs. DEPT CASE NO.2006110055 Jobanni A Gonzalez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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 04-41 as amended,sec 2.02.03,2.01.00 2. Description of Violation: Owner is using an improved,estates zoned property for a vehicle storage and mechanic shop which is not an allowable use for this zoning district. 3. Location/address where violation exists: 2561 6th Ave NE Naples Florida 34120 4. Name and address of owner/person in charge of violation location Jobanni A Gonzalez 2561 6th Ave NE Naples Florida 5. Date violation first observed:May 6d`2006 6. Date owner/person in charge given Notice of Violation: Notice of violation issued to Orlando Blanco on November 2nd 2006 7. Date on/by which violation to be corrected:November 8th 2006 8. Date of re-inspection: November 9t 2006 9. Results of Re-inspection: Violation still remains prepared case for 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. Dated this 23. day of January, 2007 ! / Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or ) f day ,2007 by Patrick Sworn to or affirmed subscribed before this da of Baldw. (Signa of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known „or produced identification ,,..,„.............. • 1111111111•112■ Type of identifica ion produced GARY P.WWnhtl e e � Com*DD0627084 Expires 117/2011 ■ sa.eneo_c�::-_11:11` REV 3-3-05 2 Case Number 9_00(r,I 1 005)5— COLLIER COUNTY CODE ENFORCEMENT Vehicle Parking in Conjunction with Residential Structures in Mixed Use Urban Residential Lands NOTICE OF VIOLATION A c. G Pt Idw -'r -A p� ._ r; J d �r t`i y�� Z Date: �� /7J �7 Investigator 11 �__ t Phone: 239- j Zoning Dist cS4-6...4t Sec Twp L Ring 2-5? Mailing: 2_5-tt 1 (o t`k jvre_ ij L' Legal: Subdivision ' _ G: e.:-.,{. Lr\A.16 Block y¢, Lot Q )Gte(.Lc} , C--'L. 2HicA Location: j,;r rn.e_ f}5, .!46,tr *1-C- Folio 4 0613 4-LX23 V 0 i OR Book y 03D Page 13 7 ) Unincorporated Collier County r1� NOTICE ❑ ,`3 s.i�>`cC-tr1St!c �U v., ��e:'�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 ❑ l L.rkkC2'r5ea (1_v e_ejA CAttreC'C\C.e.,z- following Collier County Ordinance(s) and or PUD Regulation(s) exists at <:?OS f.t.c-.,t.c). ttteyam\ L,vitc1oc>f' v' Vie.-e., e. F the above-described location. VIOLATION STATUS: C-0=4"-re,e �.<•.` Ve\4:c�S t.ti QS`re.e_ 1 z ce ci .e Ordinance 04-41,as amended ❑Initial Recurring ❑Repeat ❑Section 1.04.01 Land Use. No development shall be undertaken without prior authorization 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 ORDER TO CORRECT VIOLATION(S): 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. You are directed by this Notice to take the following corrective action(s) $ection 2.02.03 Prohibited Uses. Any use or structure not specifically identified *Must obtain and affix a current valid license plate to each vehicle/trailer not in a zoning district as a permitted use,conditional use,or accessory use shall be prohibited stored within the confines of a completely enclosed structure, OR store same in such zoning district. within a completely enclosed structure,OR remove offending vehicle(s)trailer(s) from residentially zoned area. Roust repair defects so vehicle is immediately operable,OR store same within Section 2.01.0mme I tely operable, or used Vehicles. Vehicles or trailers of any a completely enclosed structure,OR remove offending vehicle(s)/trailer(s)from ✓type`that are not immediately operable, or used for the purpose for which they were residentially zoned area. ^factured without mechanical or electrical repairs..., or do not have valid license Move subject vehicle(s)and park only on approved stabilized surface made of shall not be parked or stored on any residentially zoned or designated property, concrete,crushed stone,asphalt or pavers,no greater than_%of front yard. including the E estates district, other than in a completely enclosed building. For the DRelocate vehicle to an enclosed structure),OR remove offending vehicle(s)/ purpose of this section a license plate shall not be considered valid unless it is both affixed from area zoned residential. to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle DRemove vehicle(s)equipment from unimproved property and/or property or trailer upon which it is displayed. regulated by an approved Site Development Plan. Cease and desist sale and/or display of vehicle(s), equipment, and/or ❑Section 4.05.03(A) Single-Family Dwelling Unless otherwise parked or stored merchandise adjacent to any public right-of-way. r Covr Veit►�� in an enclosed structure,the parking or storing of automobiles in connection with single- X C kc-se. G.Aci el gists# ca sNor9- family dwelling units shall be limited to stabilized subsurface base or plastic grid nSupplemental attached stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for the parking of ON OR BEFORE: C\ aYilt e c- ' 200G automobiles. The designated parking area may not comprise an area greater than 40%of any required front yard;which nonetheless,may not serve to limit a driveway to a width of Failure to correct violations may result in: less than 20 feet. All parked automobiles shall utilize only the designated parking area of 1) Mandatory notice to appear or issuance of a citation that may result the lot.. in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to ❑Section 4.05.03(B) Two-Family Dwelling Units Unless otherwise parked or $1000 per day per violation,as long as the violation remains, and stored in an enclosed structure,the parking or storing of automobiles in connection with a costs of prosecution. two-family structure shall be limited to stabilized surface areas made of concrete,crushed stone, asphalt, pavers or turf parking systems specifically designated for the parking of SERVED BY: automobiles. The designated parking area shall not comprise an area greater than 50%of any required front yard;which,nonetheless will not serve to limit a driveway to a width of Personal Service ECertified Mail Posting of Property less than 20 feet. Separate driveways may be provided on each side of the two-family structure, but in no case, shall the combined area of both driveways and any other EFax [Mail designated parking areas exceed 50%of any required front yard. i ❑Section 4.05.03(C) Multi-Family Dwelling Units Unless otherwise parked or � stored in an enclosed structure,the parking or storing of automobiles in connection with /�: •'Ka)1(/p-' multi-family dwelling units shall be limited to stabilized surface areas made of concrete, Signature and Title of Recipient crushed stone, asphalt, pavers or turf parking systems designated for the parking and storing of automobiles. Areas designated for the parking of automobiles shall not exceed a U \G TU t� C At p VI us ha ld c'F C i1,€� ref 2 '/z automobiles per dwelling unit in the event all parking spaces are not located �!'� �"�/; an enclosed structure or any combination of open air and enclosed structure. Print ❑Section 4.05.03(F) No other portion of a front yard may be used to park or store Investigator signature e-■&(l'i .g& automobiles including that portion of the right-of-way not directly a part of the designated Dated this <2,h a day ofd 2 �„ej,,200to driveway or designated parking areas. �J n-:..:....t...roe. f'...+.....D .7-..4 I'n...,C c;,o Dn..r:..n (`......4---ncr:-:-1 D.._.:.... n_..'//nG 3 ■ L Case Number -_C©(c)OC O 15 D. • 1 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: U, o`ocm n\ A c,0 rl ZaAeZ Date: g cc:, Investigator P. Phone: 239- - s to Zoning Dist ESA-K\ES Sec (r. Twp y Rng Z p Mailing: X56` ( �'t Aolt N E Legal: Subdivision"1 toy- (, (,�5�, upOr-no Block LA g Lot 0 c.`,\es t=L 3'-I\a--C Location: s,‘,, �� P0c)o z Folio 4Clco13.a-00001 OR Book 3' q3 Page , 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 You are directed by this Notice to take the following notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- described location. �►��^��\-� ' �NYNW tt. c. ec-c�\�,or \-c a• Cit" C\ �kcvc_cv t �. o ©Ord No. as �meniJcQ Section 'a. CTh3.. `r'Q\-"\ _ t'(- L r ®Ord No. 0,4- yi As symeN,•Ni-.,] Section , 0 . (..l t 1,C \E eJ ON, ,-Q Cro ."11 ?(-0 /r\-\- ❑Ord No. Section Cie as c.r c c\.s t s k ❑Ord No. Section •.-^s.ors \T P��kc\es CD ❑Ord No. Section riA^ kk- Cct t■o\- hzlcC\ ❑Ord No. Section \f€hcces cr pcc:-J\es- b e_ : - c 1z-o Se. c,' \� �r\ca JlkSCRIPTION OF CONDITIONS CONSTITUTING THE , S ec\ z e v 7LATION(S). \- \' p c o e r \t-L-. 0,-1\6 ‘1\0...3 a_f lSupplemental attached \J' t � 1 tc ens pI � Did Witness: C�'n % Z c\nser.)e..d 4 c\,utrT ON OR BEFORE: S+; )1,e'1-r\,\rD 3,O , 2000 yc'CI ee- cecJc�i�s ecl Lew��e�' , i �,,o_� v��\t ce.r e c, c�r■ c� Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation c; v\-‘ w r� n c re c�c s�e C e el that may result in fines up to $500 and costs of k-cD n. s- , R_h,c,,,Ve S erg prosecution. OR \ c-ca�e c- , 7:1 'c-X , r- 2) Code Enforcement Board review that may result in s d 3 C' - fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: f Supplemental attached ❑Personal Service Certified Mail ❑Posting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: t', 3A Ls 2800 No.Horseshoe Dr.Naples,FL 34104 (239) lvsct - sisL, Fax:(239)403-2343 Investigator signature , o Signature and Title of Recipient V I•LATION STATUS: Print ►��Initial ❑Recurring ❑Repeat t-Ael Dated this EC\ day of AQ s ,200`c' Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 12/14/05 /n USPS - Track& Confirm Page 1 of 1 aUNIT-EOM. Home I Help .3_,� a*:..r. - -'�,.. . .,�,. ,?k a tir ."�A .. .�`'�.,.�`'. .,.:.. •s..N,c,'+�. >u`a.�.v �'�.�, ,., »4`f�i+ f, .�,�,`_ :^a� �`� x?�s.�P= �. '",.°. *,� Track&Confirm Track & Confirm Search Results Label/Receipt Number:7006 0810 0000 2898 2274 Status: Unclaimed Track&Conirm _ z Enter LabeVReceipt Number. Your item was returned to the sender on October 23,2006 because it was not claimed by the addressee. I ----- --— Additional Details s) (Ream W USPanota Homes) • 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 1.4+..•��i-.��nnFr+Y+� cmt iior�c rnm/PTCTntPrn PtUUPhanterT.ahel Tnrmiry do 10/30/2006 5 ZONING DISTRICTS AND USES 2.01.00 GENERALLY 1. Parking and storage of vehicles without current license plates.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 the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of recreational equipment as defined within this Code, 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 purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. 2. Parking,storage or use of major recreational 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 on residentially zoned property; provided,however,that such equipment may be parked anywhere on residential premises, other than on county rights-of-way or right-of-way easements for a period not to exceed six hours within a time period of seven days for loading and unloading,and/or cleaning prior to or after a trip. For the purpose of this section the rear yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least frontage. For through lots the rear yard shall be considered to be that portion of the lot lying between the rear elevation (by design) of the residence and the street. The following exceptions may be granted by the county manager or designee: 1. Such recreational equipment may be parked upon the premises of the resident for a period not exceeding seven days for the purpose of repairing and/or cleaning prior to or after a trip. A temporary use permit must be obtained to authorize this activity.The permit for such period shall be affixed to the vehicle in a conspicuous place on the street side thereof.No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 2. Nonresident: Such car,trailer, bus or motor home, when used for transportation of visitors to this county to visit friends or member of the visitor's family residing in this county may be parked upon the premises of the visited family for a period not exceeding seven days. A temporary use permit must be obtained to authorize this activity. The permit for such period shall be affixed to the vehicle in a conspicuous place or on the street side thereof.This does not allow for living, sleeping, or housekeeping purposes. No more than two consecutive permits may be issued and the maximum number of permits issued during one calendar year shall be restricted to four. 3. Parking of commercial vehicles or commercial equipment in residential areas. 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. LDC2:3 (o COLLIER COUNTY LAND DEVELOPMENT CODE 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 2.03.07 L. 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 vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. 4. Boats or other floating equipment used as dwelling units. Boats or other floating equipment being used as dwelling units or as commercial establishments may not anchor or tie up in waters under the jurisdiction of the county for longer than 48 hours, except at facilities located in zoning districts permitting such use and at facilities within such districts designated for such use and meeting county and state health standards for such use. 5. Condominiums.This Code shall be construed and applied with reference to the nature of the use of such property without regard to the form of ownership. Condominium forms of ownership shall be subject to this Code as is any other form of ownership. Condominiums of any kind, type or use shall comply with the provisions of F.S. ch. 718, as amended, known as the "Condominium Act." 6. Deed restrictions. This Code shall not be affected by any deed restrictions or restrictive covenants recorded with any deed, plat or other legal documents. No person or agency,in the capacity of enforcing and administering this Code,shall be responsible for enforcing any deed restrictions. 2.01.01 Purpose It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. 2.01.02 Miscellaneous structures School bus shelters,bicycle racks, bus stop benches,telephone booths, mailboxes,newspaper boxes,and delivery boxes shall be permitted in any district. No advertising sign shall be permitted on any such structure. Locations and setbacks of school bus shelters shall be approved by the school board of Collier County. Mail, newspaper, and other delivery boxes shall be placed in accordance with U. S. Postal Service regulations.All such structures shall be exempt from district setbacks. LDC2:4 7. COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 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 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 • 3879179 OR: 4080 PG: 1377 RECORDED in OFFICIAL RECORDS of COLLIER COD]PTI, FL i 07/31/2006 at 01:0611 DRIGOT E. BROCI, CLERI ,--,, `r CONS 165000.00 REC FIE 18.50 DOC-.10 1155.00 Retn: LENDER SERVICES DIRECT IEC PREPARED BY: Roman 1n T x 26461 CROVI VALLEY PERM #200 TatyanaKoaovalcbak MISSION VIEJO CA 92691 LENDER SERVICES DIRECT 26461 CROWN VALLEY PARKWAY, STE 200 MISSION VIEJO,CA 92691 13119000QC Z" IL DX SMBENIS 40: Jobanni A Gonzalez and Elizabeth Diaz 2561 6%Avenue NE Naples,FL 34120 ESCROW NO 117512 APN:406232001101 SPACE ABOVE THIS LINE FOR RECORDER'S USE • QUIT CLAIM DEED THE UNDERSIGNED GRANTOR(S)DECL : - DOCUMENTARY TRANFER Lit i, W1 iC j�,�iic" . 0 unincorpora -.01 '' o ,-.177 a. Ocomputed on full value o T conveyed,or 9ho, puted on full value less value of liens or encumbrances remaining t ti' of sale,and FOR VALUABLE CONSIDE' •, IO ' O� 1C\ ,AND •TILER GOOD AND VALUABLE • • CONSIDERATION,CASH IN % •N' ` P- " � �` ''a C1IEjICY OF WHICH IS HEREBY ACKNOWLEDGED,ON THIS 1 u DA • rr. IL. X I/WE Jobannl A.Gonzalez,a s . i d ' '• . t, ; , a si.' • on ,as joint tenants with full rights of survivorship S WHOSE ADDRESS IS:2561 6s' •1T;• NE,Naples,FL 341 o DO HEREBY REMISE,RELEAS ;,1 OREVER CONVE E t '4 c Jobanni A Gonzalez,a married ma at , le and separate p . y WHOSE ADDRESS IS:2561 6th Avenu "', ALL THE REAL PROPERTY SITUATED ' TIjY7' 1, ,IN THE COUNTY OF Collier,STATE OF Florida,DESCRIBED AS FOLLOWS: SEE ATTA ED IBIT"A" EXE ED THIS DAY OF C ,2006 41 ._.L alt IlL .kaki.I A obanni rr • o r(tiJ 7-from./ L_/ c•4 Mdfl'i .v El' 'A tit Diaz STATE OF Florida} COUNTY OF "oilier}, �E��/�- 2). 1 (C V ON D • BEFORE ME, PERSONAL APPEARED _NEC r NN ♦ Z.A 6-4-1 Z4 fi 0 7 ' PERSONA LY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)1S/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER THEIR AUTHORIZED CAPACITY(INS), AND THAT BY HIS/ THEIR SIGNA 0- ' (S) 11N THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BE OF WHICH l' r S)ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HA ND OFFICIAL SIGNATURE A O .�,� ,w N °1 NO Y �� / ( � ( �C EXPIRATION 20 3Z67Z6lU Y. *** OR: 4080 PG: 1378 *** r Exhibit A ^' Property Tax ID: 40623200001 Legal Description of said property described as follows: THE WEST ONE-HALF OF TRACT 48, GOLDEN GATE ESTATES, UNIT NO. 76, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 13 AND 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Parcel Identification Number: 40623200001 More commonly known as: 2561 6TH AVENUE NE NAPLES, FL 34120 -ER COtix CJ ' 1177 --- , COP F`" Y \\\N„,„„,_ . fl_t CI:C1\ '° /f_ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-26 DEPT NO. 2006110055 Jobanni A Gonzalez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Elizabeth Diaz, on behalf herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110055 dated the 11th day of November, 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 4-26-07; 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) 2.02.03 of ordinance 2004-41, Collier County Land Development Code as amended and described as Prohibited Uses. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$498.35 incurred in the prosecution of this case. P -3 6k102" ),es Q,.d resccS.t0k t 2) Abate all violations by: cnA Cease and desist using this property for a storage lot and for the repair of vehicles immediately. Owner must use the estates zoned property only as allowed under the Collier County Land Development Code. Owner shall comply by removing all stored vehicles and/or equipment by April 30th, 2007 or a fine of $150 per day will be imposed until the violation has been abated. Owner must allow Code Enforcement Investigator on the property to validate compliance. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Michelle Arnold, Director Code Enforcement Department Z6 Y V-.21, Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-26 vs. JOBANI A. GONZALES, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jobani A. Gonzales is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2561 6th Avenue N.E.,Naples,Florida 34120,Folio 40623200001,more particularly described as The West One-Half of Tract 48,Golden Gate Estates,Unit No.76,according to the Plat thereof recorded in Plat Book 5,Pages 13 and 14,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 2.02.03 and 2.01.00 in the following particulars: Owner is using an improved estates zoned property for a vehicle storage and mechanic shop which is not an allowable use for this zoning district. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 2.02.03 and 2.01.00 be corrected in the following manner: 1. By ceasing and desisting using this property or any other estates and residentially zoned property for a storage lot and for the repair of vehicles immediately. The Owner must use the estates zoned property only as allowed under the Collier County Land Development Code. 2. By removing all stored vehicles and/or equipment by April 30,2007. 3. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 30,2007 then there will be a fine of$150 per day for each day that the violation continues past that date. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. The Owner will allow the CEB investigator on the property to validate compliance. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$498.35. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 0 day of ,2007 at Collier County, Florida. / CODE ENFORCEMENT BOARD COLLIER ICOOUNTY,FLORIDA BY: mot% -• , Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this O�day of �,�et 1 2007,b Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has produced a Florida Driver's License as iden ' cation. I ' ��y� CHRISTINA L URBANOWSid ` `�� • 1�: �t �a f.: ,- MY COMMISSION#DD 241717 NOTARY PUBLIC ,97: EXPIRES:November 22,2007 My commission expires:�!Rfnh` Bonded Pau Notary Pudic Underv+riters )' P CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U.S. Mail to Jobanni A.Gonzalez,2561 6th Avenue N.E.,Naples,Florida 34120 this day of , 2007. i ;) J /1 / _/214 l: M.Jean Rawson,Esq. Florida pai No. 750311 State 01 FLORIUA Attorney/for the Code Enforcement Board county of COLUER 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 I HEREBY CE.Rt .lMA i is to a antk (239)263-8206 correct cQ t.of a dClr° ut�°s o d':.4rr. -'.f+ Cooler County Board FPl this g.....14MISmy hand r� rt+ci l�y l tats owl: T9fr`:� , Wc, Rk 0,COURTS , WI D•C. . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-26 DEPT NO. 2006110055 Jobanni A Gonzalez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Elizabeth Diaz, on behalf herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110055 dated the 11th day of November, 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 4-26-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the ratters 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) 2.02.03 of ordinance 2004-41, Collier County Land Development Code as amended and described as Prohibited Uses. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$498.35 incurred in the prosecution of this case. 1'623 2) Abate all violations by: ` ari ss "�"`� re$`�`A "`tt"( •Z°'~��fro Pe��`1 Cease and desist using this property for a storage lot and for the repair of vehicles immediately. Owner must use the estates zoned property only as allowed under the Collier County Land Development Code. Owner shall comply by removing all stored vehicles and/or equipment by April 30th, 2007 or a fine of $150 per day will be imposed until the violation has been abated. Owner must allow Code Enforcement Investigator on the property to validate compliance. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Ar Respondent Michelle Arnold, Director Code Enforcement Department 26 7Y 707 Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pipers Crossing, LLC., Respondent(s) Crifasi Enterprises, INC (Registered Agent) CEB No. 2007-28 DEPT No. 2006060707 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-13 Deed 14 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-28 DEPT CASE NO.2006060707 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Pipers Crossing,LLC Respondent(s) NOTICE OF HEARING To: Pipers Crossing,LLC Crifasi Enterprises, INC(Registered Agent) 2375 Tamiami Trail North STE 208C Naples,FL 34103 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail, Naples,Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162,Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. r /eat 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. 2007-28 Vs. DEPT CASE NO.2006060707 PIPERS CROSSING LLC Crifasi Enterprises,INC(Reg.Agent)Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as Amended,The Land Development Code, Sec 10.02.06 [B][2][a] and 10.02.06 [B][2][d][ix] and Ordinance 2004-58, The Property Maintenance Code, Sec 16 [2][j] 2. Description of Violation: Sign erected without proper county permit(s). 3. Location/address where violation exists. 1201 Pipers Blvd,#8(folio#67954000021). 4. Name and address of owner/person in charge of violation location: Piper's Crossing LLC, 2375 Tamiami Trail North,Ste 208C,Naples Fl 34103 ,--., 5. Date violation first observed: June 6th,2006 6. Date owner/person in charge given Notice of Violation: January 25th,2007 7. Date on/by which violation to be corrected:February 26th,2007 8. Date of re-inspection: February 27th,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 . ..- 'c hearing. Dated this 17th Day of January,2007 .4illh' Kitchw"now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 17day of fl ,2007 by `'. MARLENE G.SERRANO (Si a •. of Notary Public) (Prif1 '=r.r ', S ;” }jssione. 1 n e '1:61,54.10A0 04,2009 Personally known or produced identification Bonded thru 1st State Insurance Type of identific ion produced REV 3-3-05 • Case Number 2006060707 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CRIFASI ENTERPRISES,INC Date: 1/25/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AS REGISTERED AGNT FOR: PIPERS CROSSONG,LLC [PROPERTY OWNER] - THANG NGUYEN [BUSINESS OIWNER] Zoning C-2 Sec 24 Twp 48 Rng 25 Dist Mailing: Legal: 3866 Block 120 Lot 000 2375 TAMIAMI TRAIL NORTH subdivision STE 208C NAPLES FL 34103 13593 ADMIRAL CT FT MYERS,FL 33912 Location: 1201 PIPER BLVD UNIT 8 Folio 67954000021 OR Page 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) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS the above-described location. FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. REMOVE ANY SHADOWING CREATED BY THE REMOVAL OF SIGNS AS Ord No. 04-041,as amended Section 10.02.06[B[[2][a] STATED IN THE PROPERTY MAINTENANCE CODE FOR THE [0.--No. 04-041,as amended Section 10.02.06[B[[2][d] UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA. [ix] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. El Ord No. 2004-58 as amended Section 16[2][]] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN ❑Ord No. , as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DOrd No. ,as amended Section DEVELOPMENT CODE. DOrd No. , as amended Section flSupplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON OR BEFORE: FEBRUARY 26 2007 ON 6/20/06 1- WALL SIGN CONCEPT NAILS INSTALLED PRIOR TO OBTAINING PERMIT.VERBAL WARNING HAS NOT RESULTED IN Failure to correct violations may result in: COMPLIANCE.THIS IS CONTRARY TO THE COLLIER COUNTY LAND 1) Mandatory notice to appear in court or issuance of a citation that DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE may result in fines up to$500 and costs of prosecution. OR WITH CURRENT CODE. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and f Suonlemental attached costs of prosecution. LED BY: onal Service ❑Certified Mail ['Posting of Property Fax DMail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: . -71111111111110. 2800 No.Horseshoe Dr.Naples, FL 34104 7 Sig - ufe and itle of Recipient (239) 403-2314 'ax:(2391403-2493 tst21 � estigator signature _ Print low 25TH v IOLATION STATUS: Dated this day of JANUARY 2007 121 Initial ['Recurring DRepeat • 3. 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 a. 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 C the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. �-� e. Improvement of properly 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. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be n 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. • 4564 Mod A _ 4o 6 I OCT Stil 1 t 1.4 ORDINANCE NO.200458 ea `' •`Y F,{Y► q ORDINANCE ESTABLISHING A PROPERTY e.ez 6 OMAINTENANCE OLLIER COUNTY,FOR FLORIDA UNINCORPORATED OVIDING A TITLE; aZIZ�Z 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 r—t-_-)+, BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING ';—.S.11:. , cn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ?_; % THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING E F- rs.3 ,y FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING 'rnr COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- Sc.", fV 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL sy CONSTRUCTION; PROVIDING FOR INCLUSION IN THE Dm CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of l - • /r, • 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the I-lousing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN:RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL r ;:•-STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 /�.. i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment: Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not Create an adverse affect on adjacent properties. 4 m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising stricture or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 /, ,'""\ c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 /2 O Form 689.02 deed *** 3344216 OR: 3501 PG: 1173 *** RECORDED in OFFICIAL RECORDS of COLLIE! CODETT, FL 02/13/2004 at 09:32AN DEIGBM I. BROCI, CLIRI CORE 2160000.00 �\ This Document By t IiC FEE 6.00 JANES H. SI SKY, ESQUIRE DOC-,TO 15120.00 Siesky Piles & Wood 1000 North Tamiami Trail Kett: Naples, FL 34102 ROBTZEL i ARDRESS WITHOUT OPINION OF TITLE 850 PAU MU DIM FLOOR WITS FL 34103 parcel m Number. 00161680000 Warranty Deed ThisIndentare, Madethis 9th dayof February , 2004 AD., Between Angelo Puleio and Laura Puleio, husband and wife, as to an undivided 50% interest, and Caruso Corporation, as to the remaining undivided 50% interest,a corporation existing under the laws of the State of Florida, as tenants in common of the County of Collier , State of Florida 7 grantors, and Piper's Crossing, LLC, a Florida limited liability company, whose address is: 2375 Tamiami Trail North, Suite 208C, Naples, FL 34103 of the county of Collier , state of Florida ,grantee. Witnesseth that the GRANTORS,for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, ARs and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hen;by acknowledged, have granted,bargained and sold to the said GRANTEE and GRANTEES heirs,successors and assigns forever,the following described land,situate, lying and being in the county of Collier State of Florida town North 1/2 of Southwest 1/ fltf�h 2 /4 of Southwest 1/4 of Section 24, Township 48 :, •ang � t, Collier County, Florida, together with q .- or's intere? .4i those certain Easements by Vanderbilt United 're-. - an Church, Innk., a Florida corporation, in favo• o � T '•eci=li ts, Inc., a New York �` corporation, dated N•v=��• - d re or ed December 30, 1988, in Official Records Bo•. t •;, T.d 250, inclusive, of the Public Records of C•ll a C. , r = ia- Subject to easementsC't -strictions, -se- a $•s common to the subdivision and taxes' .r the curr- • -i e-r pr , subsequent years. -7ITE CIRCA and the grantors do hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof,the grantors have hereunto set their hands and seals the day and year first above written Signed,sealed and delivered in our presence: Caruso Corporation, a Florida corporation .By: C°%%' J/i ( eal)-rin e. v7.-e: Ange ucarelli, President W]t e= P.O.Address:400 Euclid Avenue,N es,FL 34110 /( (Q seal • in e• ge o u eio (Seal) Witae ;i �/ r �// �� P.O.Ad :253 Willoughby Drive,Naples,FL 34110 t Wanda Quill""" aura Maio (Seal) Wi rjv1�5 To 4- P.O.Address:253 Willoughby Drive,Naples,FL 34110 (Corporate Seal) STATE OF Florida COUNTY OF Collier The foregoing instrument was accinowledied before me this 9th day of February t 2 0 04 by Angelo Lucarelli, President of Caruso Corporation, a Florida Corporation, on behalf of the corporation, and Angelo Puleio and Laura Puleio, husband and fe, they are personally!COMM to me or have produced their 4- -k .. ' - as identification / gij - WMIDAOUILLJNN1 - ip+',•,'''''4„ a e• `ame: wan. . • fflliltrst MYCOfalsSXxl4�o7 3 Notary Public EXPIRES Ocbber 14,2005 ■ �'• a ,,,tr saved7nmBiwa tssw0a' My Commission Expires: 6242003 Low Gmma.d fry 0 Dim*Soave.;be,moo 063)763-3666 ramtxwn-t — —. . -- /Alt!. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-28 DEPT NO. 2006060707 Pipers Crossing L.L.C. Crifasi Enterprises, INC [As Registered Agent] Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, VI 1C.N P e L L 1 i 0 0 c , on behalf of himself or C 1Z. 1 FA S K f:0t�z as representative for Respondent and enters into this Stipulation and Agreement with Collier Count to the resolution of Notices of Violation in reference (case) number 2006060707, dated the 26th day of April, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) and are described as Violation of Ordinance 04-41 and 16[2][j] of Ordinance 2004-58, as described, Sign without a Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$410.75 incurred in the prosecution of this case. 2) Abate all violations by: A. Submit as complete and valid sign permit within 14 days of this hearing or a fine of$150.00 a day will be imposed until sign submittal processes is complete. Upon issuance of a valid sign permit, all inspections through the final CO (certificate of completion) must be completed within 60 days of issuance of said permit or a fine of$150.00 a day will be imposed. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request e Inve 'gator to come out and perform a site inspection. Resp ndent Michelle Arnold, Director Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-28 vs. PIPERS CROSSING, LLC CRIFASI ENTERPRISES,INC. (Reg.Agent) Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Pipers Crossing, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing represented by Michael Lapidus and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1201 Pipers Blvd,Naples,Florida,Folio 67954000021,more particularly described as(see Legal)of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,Section 16(2)(j) in the following particulars: Sign erected without proper county permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections I 0.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code, Section 16(2)(j)be corrected in the following manner: 1. By submitting a complete and valid sign permit within 14 days(May 10,2007). 2. Upon issuance of a valid sign permit,by completing all inspections through the final Certificate of Completion within 60 days of issuance of said permit. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (May 10,2007),then there will be a fine of$150 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board,then there will be a fine of$150 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$410.75. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of r ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:„ 6'4 7 Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this3Oj�ay of ? 2007 Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's- 'cense as'e• . 'cation. r- i-1f,WINA L.1!99AN0 SW KI /i . �, 14,;Ii;N#DD 241717 1\� �5_ V�Y CQ1 M. v EXPIRES:Novembr 22,2007 TARY P' Uorded Thru Wary Public Unlarxri«rs iV TAR PUBLIC commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Pipers Crossing,LLC,Crifasi Enterprises,Inc., Reg.Agent,2375 Tamiami Trail North, Ste.208C,Naples, Florida 34103 this day of 2007. State en FLORIDA M.Jean Dawson,Esq. county of COLLIER Florida far No. 750311 I HEREBY ern r �,MAT f sx}+�R� Attorney for the Code Enforcement Board IS a true and 400 Fifth Avenue S.,Ste. 300 Correct -,` 1 nn We in Naples, Florida 34102 Qoa>d P' .'' ..4-..,.: - � i� 4 . ,-.0er Co un � (239)263-8206 WITNESS ! d ; „ s ..}i ,'4 Cat tnniS of ' _ �s.Y. o G T E. SRS ' cWuc-OF COURTS tz, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-28 Pipers Crossing L.L.C. DEPT NO. 2006060707 Crifasi Enterprises, INC [As Registered Agent] Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 1 1CH A.e k— LA 1'i O V on behalf of himself or c R 1 FA S R PTL.- as representative for Respondent and enters into this Stipulation and Agreement with Collier Count/as to the resolution of Notices of Violation in reference (case) 2006060707, dated the 26th day of April, 2007. ( e) number In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) and are described as Violation of Ordinance 04-41 and 16[2][j] of Ordinance 2004-58, as described, Sign without a Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$410.75 incurred in the prosecution of this case. 2) Abate all violations by: A. Submit as complete and valid sign permit within 14 days of this hearing or a fine of$150.00 a day will be imposed until sign submittal processes is complete. Upon issuance of a valid sign permit, all inspections through the final CO (certificate of completion)must be completed within 60 days of issuance of said permit or a fine of$150.00 a day will be imposed. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request e Inve *gator to come out and perform a site inspection. C� Resp ndent 914-07 Michelle Arnold, Director Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-28 DEPT CASE NO. 2006060707 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PIPERS CROSSING, LLC CRIFASI ENTERPRISES, INC(REG.AGENT).,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on April 26t, ,2007,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4224 PG 0249, et. seq. 2. That a re-inspection was performed on May 15, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated May, 15th,2007. COLLIER COUNTY, FLORIDA CODE ORCEMENT BOARD itchell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15th Day of May,2007 by Kitchell T. Snow. ,4/L.7 (Si ature of Notary Public) (Print/Type/Stamp Commissioned a,'OTgkY HMV-SLR OFFIk I+: Name of Notary Public) . 1, / ,�/�rjP * Personally known �� il ! f, , REV 2/23/2006 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Domenic P. Tosto a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust., Respondents CEB No. 2007-32 DEPT No. 2005010592 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-16 Deed 17-22 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-32 COLLIER COUNTY DEPT CASE NO.2005010592 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Domenic P. Tosto a/k/a Domenic Tosto,Trustee and Joanne M. Tosto,Trustee of the Family Living Trust,Respondents NOTICE OF HEARING To: Domenic P. Tosto a/k/a Domenic Tosto,Trustee and Joanne M.Tosto,Trustee of the Family Living Trust, 9893 Clear Lake Cir. Naples,Fl 34108 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162,Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 / COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-32 vs. DEPT CASE NO.2005010592 DOMENIC P. TOSTO, DOMENIC TOSTO&JOANNE M. TOSTO, TRUSTEE OF THE TOSTO FAMILY LIVING TRUST, 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 No.2004-58, Sec.6,compliance wt.housing standards,Par. 12,exterior and interior structures of dwelling units.,Sec. 11,method for designation&elimination of hazardous buildings,Sec. 12,standards for repair or demolition of hazardous buildings by the county, Sec. 15,responsibilities for property maintenance, Sec. 16,responsibilities of owners of vacant structures.Also,Ord.No.2005-44, Sec. 7,unauthorized accumulation of litter,and Sec. 8, abandoned property/prohibited. 2. Description of Violation:No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure.All same premises left unattended and a potential hazard.Also,litter and abandoned property consisting of,but not limited to,fire damaged,weather damaged,structural elements,plumbing installations,construction materials,metal,plastic and paper items,left uncontained and unattended throughout this entire"AREA OF CRITICAL STATE CONCERN/ SPECIAL TREATMENT"(A - ACSC/ST)zoned property. 3. Location/address where violation exists: TWN. 53, SEC. 10, RNG. 26, PARCEL#41,LOT'S B- 10, through and including B-14, FOLIO # 01199120007, A. K. A. MORGAN ISLE, CAPE ROMANO, COLLIER CO.FLA. 4. Name and address of owner/person in charge of violation location : DOMENIC P. TOSTO, a.k. a. DOMENIC TOSTO & JOANNE M. TOSTO TRUSTEE OF THE TOSTO FAMILY LIVING TRUST. 5. Date violation first observed:JAN.20,2005. 6. Date owner/person in charge given Notice of Violation:DEC. 14,2006(date of cert.Mail receipt) 7. Date on/by which violation to be corrected:FEB. 15,2007. 8. Date of re-inspection: FEB.21,2007 9. Results of Re-inspection: VIOLATION(S)REMAIN. 10.All documents and notices with regards to this matter were served pursuant to section 162.12,Fla. Statutes. 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 Bo. d for a public hearing. Dated this 21 st. . day of February, 2007 t1 • / i a , • DENNIS MAZZONE ar Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 1. �L Sworn to(or affirmed)and subscribed before this '/-6a1- y oL tbtY" .200 ,by DENNIS MAZZONE '• lier.a• _ode E: ore:, ent Investi•ator I signature of Notary Public/ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X.K. or produced identification Linda C. Wolfe ``oStY PUB( _Commission#DD273407 te=Expires:Dec 07,2007 REV 3-3-05 ;'��bFF�� ; Bonded Thm Atlantic Bonding Co.,Inc. COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO:Domenic P.Tosto a/k/a Domenic Tosto,Trustee and ORDER TO CORRECT VIOLATION(S): Joanne M.Tosto,Trustee of the Tosto Family Living Trust. YOU ARE DIRECTED BY THIS NOTICE TO TAKE 9893 Clear Lake Cir. THE FOLLOWING CORRECTIVE ACTION(S) Naples,Fla.34108 Must comply with all Collier County Property Maintenance and Housing Code Requirements. LOCATION OF VIOLATION(LEGAL AND ADDRESS) Must obtain a complete and sufficient Collier Co.Building WITHIN COLLIER COUNTY ZONING DIST."A-ACSC/ST" Permit for all required maintenance and rehabilitation of SEC.10,TWN.53,RNG.26, SUBD. acreage,PACCEL#41, an "UNSAFE" structure at parcel#41, of TWN. 53,SEC. LOT(s)B-10,through and including LOT B-14, 10,RNG.26,FOLIO#01199120007,of Collier Co.record, PLAT BOOK 3889, PAGE 2457, PROPERTY ID # 01199120007, within 60 days after receipt of this notice. of Collier Co.record. Must then execute same permit so as to obtain all required A.K.A.Morgan Isle,Cape Romano,Collier County,Fla inspections, through to issuance of a - Certificate of NOTICE Completion,within 90 days after issuance of permit. PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD Must also complete the removal of all litter and abandoned (C E B)ORD#05-55 and 97-35,AS AMENDED,YOU ARE NOTIFIED property, so as to restore all premises to a state of THAT THE FOLLOWING VIOLATION(S)EXIST. compliance with all "A-ACSC/ST" zoning district ORD.NO.2004-58 requirements within 120 days after issuance of the SEC.6,compliance wt.Housing Standards. PAR. 12,exterior&interior structures of dwelling units. aforementioned Building Permit. SEC.11,method for designation&elimination of hazardous buildings. Or, in the alternative, must obtain a complete and SEC. 12, standards for repair or demolition of hazardous buildings by the sufficient Collier Co. Demolition Permit within 60 days county. after receipt of this notice. SEC.15,responsibilities for property maintenance. Must then execute same by receiving all required SEC.16,responsibilities of owners of vacant structures. �1 (see attached copy of Collier Co. "Notice Of Dangerous Building"Folio# inspections through to issuance of a Certificate of 01199120007,dated 1h13.4,2005) Completion for the removal of the "UNSAFE" structure, ALSO;ORD.NO.2005-44 related elements , and all resulting debris,so as to comply SEC.7,unauthorized accumulation of litter with all "A-ACSC/ST" zoning district requirements SEC.8,abandoned property/prohibited within 120 days after issuance of the aforementioned DESCRIPTION OF CONDITIONS CONSTITUTING Demolition Permit. '1'H!:VIOLATION(S). PENALTIES MAY BE IMPOSED: Failure to correct the DID witness, no progress and a continuation of neglected violations on or before the date specified above will result in, 1)the maintenance and unsafe conditions relative to a storm damaged two filing of an affidavit of violation with the Collier County Code story,concrete and wood frame,seven dome shaped structure,as Enforcement Board, "C.E.B.", or Special Master S.M. charging you previously described in Collier Co."Notice Of Dangerous Building" with the violation(s)as described on this form.You will/have receive correspondence dated Feb.04,2005, and conveyed to previous (d)notification that a hearing will be held which you and/or a legal owners,Paul Skipper and John J.Kotula Jr. representative may attend. Failure to appear may result in the Board Above noted derelict structures remain unattended and a potential /S.M.proceeding and making a determination in your absence. If the hazard.. Code Enforcement Board or Special Master finds a violation exists, Also,litter and abandoned property,consisting of,but not limited to, a maximum fine of$1,000.00 per day in the case of a first violation, fire damaged and weather damaged structural elements,plumbing a maximum fine of$5,000.00 per day for a repeat violation and a fixtures,construction materials and discarded metal,plastic and paper maximum fine of$15,000.00 per violation in the event there is a items,left uncontained and unattended,throughout this entire finding that the violation is of an irreparable or irreversible nature. "AREA OF CRITICAL STATE CONCERN/SPECIAL The Fines may be imposed on a per day basis for each day each TREATMENT"(A-ACSC/ST) zoned property. violation exists. Costs of prosecution and/or repairs may also be assessed against you for y violation. INQUIRIES AN)COMMENTS SHOULD BE DIRECTED TO SERVED BY : CERT. MAIL , --- PERSONAL CODE ENFORCEMENT INVESTIGATOR DENNIS MAZZONE SERVICE 2800 No.Horseshoe Dr.Naples,FL 34104 I ,HEREBY acknowledge I (941)403-2447 FAX:(941)403-2343 have received,read,and understand this notice of violation. Investigator's Signature - "`-�" V' I Signature and Title of Recipient VIOLATION STATUS: INITIAL X Print DATED THIS -DAY OF ,2006 • REF: CASE NO.2005010592 / 3Nn 031100IV 0104'S93HOOv NHn13113H1d0 L 1HOItl 3H1013d013AN3 JO 401 •ti MOLLS 3OVid SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. 1140 item 4 if Restricted Delivery is desired. X� -� .• ❑Agent • Print your name and address on the reverse �r-= ❑Addressee so that we can return the card to you. B deceived y(Printed N- f) C Date livery • Attach this card to the back of the mailpiece, 1 21Al or on the front if space permits. I D. Is delivery address different from Item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No No • DOMENIC P. TOSTO DOMEI3IC TOSTO, JOANNE M. 3, Service Type TRUSTEE THE TOSTO FAMILS - Certified Mail ❑Express Mail 9893 CLEAR LAKE CIR. NAPLES, FL 34108 ❑Registered ❑Return Receipt forMerchar._lise cz7, -o/(2,59. ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. i 7006 0810 0005 4624 4441 1\10V/4471)1\4 PS Form 3811,February 2004 Domestic Return Receipt 12. •i .06 102595-02-M-1540 U.S. Postal:ServiceTM = CERTIFIED MAILTM RECEIPT �- - (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.comR OFFICIAL USE -a Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee ra (Endor eD Tota DOMENIC P. TOSTO DOMENIC TOSTO, JOANNE M. O Sent7 TRUSTEE THE TOSTO FAMILS (- Street 9893 CLEAR LAKE CIR. or PO NAPLES, FL 34108 Cuy, �Oe) :G� PS Form.,3800„June 2002 See'Reverse for Instructions a •1 (') >> 2004 OCT �� EDIED ORDINANCE NO.2004-58 /" o," ORDINANCE ESTABLISHING A PROPERTY rc' %Vv MAINTENANCE CODE FOR THE UNINCORPORATED AREA zezizoZ6�� 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 :7,T: Z;, • REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY .__. E.; -1+-1 THE COUNTY AND ASSESSMENT OF A_LIEN; PROVIDING t'>_, r•� FOR A NOTICE OF HEARING FOR REVOCATION OF c�BOARDING RENEWAL CERTIFICATE; REPEALING rn • —? 1.71 •• COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- ;.; 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAI, �y CONSTRUCTION; PROVIDING FOR INCLUSION IN THE yr; — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general • neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community,and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of • S.• 49. WEATHERTIGHT — 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. 5I. 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 /1. 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(I)tub or shower,and one(I) 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 I lealth Department,as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition,free from defects,leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit,and be accessible to the occupants of the dwelling unit. The commode,tub or shower,and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY—Every dwelling,or dwelling unit,shall have 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 7 /^ • 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. LIGHT AND VENTILATION—Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM—Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS—Every dwelling 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 less 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. 1 l. 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 he 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 INGRESS/EGRESS—Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space.•A second means of escape or egress may be required in accordance with the Building Code as amended by Collier • County. 8 7 e. ATTIC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. 'Ibis 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. WINDOWS AND EXTERIOR DOORS—Every window,exterior door,shall be properly fitted within its frame,provided with lockable hardware,and shall be weather-tight and weatherproof,and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such,unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening,blocking the opening with concrete blocks and stuccoing the exterior,utilization of an authorized building material and finishing the exterior with like material of the original exterior surface,or boarding the opening. When boarding is used,it shall be trim fit,sealed to prevent water intrusion,and painted or stained to conform with the other exterior portions of the •—■• building. The hoarding 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 B' • q. STRUCTURAL SUPPORTS—Every structural element of a dwelling unit shall be /•.� maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS—Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD,DWELLINGS—Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant,not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70.square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT—Habitable space other than kitchens,storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE,PRIVATE—all swimming pools,spas and architectural pools, ponds'orother decorative bodies of water,not otherwise regulated by the Health Department,shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance,including but not limited to,free of mold,litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION no space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity(i.e.:game room)and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES—all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete,crushed stone,asphalt,or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES—All boathouses within the unincorporated County must be maintained so as to prevent decay,as characterized by holes,breaks,rot,rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements,decay or rust. 19. SANITATION REQUIREMENTS— a. All public or shared areas,and habitable rooms of any dwelling unit,structure, accessory structure,or building shall be kept in a clean and sanitary condition by the occupant or owner,in accordance with Health Department standards. b. Nothing shall be placed,constructed,or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings,structures,accessory structures(including private swimming pools),dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit,building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS—All dwelling units shall he equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired • detectors,battery operated smoke detectors are recommended for installation. All rental units shall have • smoke detectors that meet the Residential Landlord and Tenant Act. 10 • SECTION ELEVEN: METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS ,•^\ Iran appropriate person,as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure,he shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official.The Housing Official shall then notify the owner of the offending property,in writing,and demand that said owner cause the hazardous condition to be remedied.The notice may be either personally serviced upon the owner or served by certified mail,return receipt requested,at the address of the owner as listed in the tax collector's office for tax notices. If the building or structure is occupied,the Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the property,or upon the Agent or Operator. In the event that personal service upon the owner or his Agent or Operator,cannot be performed after diligent search,then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner,operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. • After service of the notice,the owner shall have 30 days to remedy the hazardous condition,after obtaining all applicable permits,or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of Collier County within fifteen(15)days from the date of service of the notice. The notice shall be in substantially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: ADDRESS OF OWNER: Our records indicate that you are the owner(s)of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses,and I have found and determined,that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants andior the general public of Collier County.The specific hazards are as follows: (Describe/list hazardous conditions) You are hereby notified that unless the above dangerous conditions are remedied,so as to make the property in compliance with this Ordinance within thirty(30)days from the date hereof,the' County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property.You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board(CEB)(or Special Master of Collier County). Such request for hearing shall be made in writing to the Secretary to the CBB/Special Master within fifteen (15)days from the date of this notice. SECTION TWELVE: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDING BY THE COUNTY • • If the owner fails to repair the hazardous condition within thirty(30)days of service of the notice that a hazardous condition exists,or within fifteen(15)days of the final determination by the Board that a 15 /0• hazardous condition exists,then the Housing Official shall,in ordering the repair or demolition of ,•^%, dangerous buildings,shall consider the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the • extent that a plumb line passing through its center of gravity falls outside of the middle third of its base;or b. Whether the non-supporting,enclosing,or outside walls or covering,exclusive of the foundation,evidences 33%or greater damage to or deterioration;or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible,the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BY COUNTY I. If the owner fails to remedy the hazardous condition,the County shall remedy the hazardous condition and notify the owner of the expense incurred by certified mail,return receipt • requested at the address of the owner as listed in the tax collector's office for tax notices.The Housing Official shall then certify to the Board of County Commissioners the expense incurred in remedying the violation,whereupon such expense shall become payable within thirty(30)days. If the owner fails to pay the expense incurred within the prescribed time limit,the Board shall cause a resolution to be adopted assessing a special lien and charge upon the property which shall be payable with interest at the legal rate • as of the date of certification by the Housing Official. The notice of assessment shall be in substantially the following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: ADDRESS OF OWNER: You,as the owner of record of the following property; (Describe property) • are hereby advised that Collier County,Florida did on the day of ,20_,order that the hazardous or dangerous condition which existed on the above property be remedied,sending you notice thereof,the specific hazards being: (Itemize Hazards) A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous condition;whereupon,it was remedied by Collier County at a cost of$ ;such cost,has been assessed against the above property,in the same manner as a tax lien in favor of Collier County on ,20 . You may request a hearing before the Board of County Commissioners to show cause,if any,why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property.Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten(10)days from the date of this notice. Such lien shall he enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest.Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County,Florida. • 16 1/. 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his -position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent.peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: • a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. • b. Every foundation,exterior wall and roof shall he reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. • J7 /2 . i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall he protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking "•-∎ areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must he repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 /A • c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except liar permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. I: Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. • j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. I. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure • including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a !1. boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. • 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor;upon 19 /1. , � > ORDINANCE NO.2005- 44 1 a 1 V AN ORDINANCE WHICH REGULATES AND CONTROLS a V. UTTER, WEEDS, AND EXOTICS WITHIN THE .. - Si • UNINCORPORATED AREA OF COLLIER COUNTY, • e er . PROVIDING PURPOSE AND INTENT; TITLE; O� APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER "Law,rL .v" •. TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATING. THE STORAGE OF LITTER (AND CHANGES RELATED er :• CONSTRUCTION SITE CONTAINMENT OF LITTER%.• KA I REGULATING WASTE MATERIALS MANAGEMENT (Al1T} ,, CONTAINMENT PIT AREAS TO CONFORM TO DE :•. :7 i STANDARDS); DECLARING WEEDS AND EXOTICS TO BE ail', `i? PUBLIC NUISANCE (AND REGULATING THE CONTROL (5EJ.1 a WEEDS AND EXOTICS); PROVIDING FOR EXEMPTION$p!:, r; PROVIDING FOR (1'13E ABATEMENT OF NUISANCES ANT '•' `-I NOTICE OF VIOLATION FOR THE ABATEMENT OF THE-' '' PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND • SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THIJ' CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property,which is in close proximity to urban areas,if unsupervised or unmanaged; and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and. WHEREAS,the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of /""'■ the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property on any public or private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated,at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 1.-J--3-y-c1.0 THIS INSTRUMENT PREPARED BY AND RETURN TO: �� Timothy J.Cotter,Esq. 3697469 OR; 3889 PG; 2457 Timothy J.Cotter,PA RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL 599 9th Street North 09/14/2005 at 01:551111 NIGHT I. BRUCI, CURS Naples,Florida 34102 CONS 300000.00 Property Appraisers Parcel Identification(Folio)Numbers:01199120007 REC FEE 52.50 Grantees SS#s: DOC-,10 2100.00 Retn: Space Above Th TINOTBT J COTTER 599 ITS ST R 1313 THIS WARRANTY DEED,made the 12th day of August,2005 Trustee of the Morgan Island Land Trust,herein called the grantors,to Domenic P.Tosto a/k/a Domenic Tosto,Trustee and Joanne M.Tosto,Trustee of the Tosto Family Living Trust dated and January 20,2004,with full power and authority to protect,to conserve and to sell,to lease,to encumber or otherwise to manage and dispose of the real property hereinafter described whose post office address is 9893 Clear Lake Circle,Naples,Florida 34108,hereinafter called the Grantees: (Wherever used herein the terms 'grantor"and grantee"ixfude all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) W I T N E S S E T H: That the grantors,for and in consideration of the sum of TEN AND 00/100'S(810.00) Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells, aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate in COLLIER County, State of Florida,viz: SEE ATTACHED LEGAL DESCRIPTIONS PROPERTY IS VACANT LAND AND IS NOT THE HOMESTEAD NOR CONTIGUOUS TO THE HOMESTEAD OF THE GRANTOR Subject to easements, restrictions a vFrtr'rdaj` and to taxes for the year 2005 and thereafter. God r TOGETHER, with all the tegem , , ,v•-•' pp� ce thereto belonging or in anywise appertaining. „„.•••,,,,„„.•••,,,, /TO HAVE AND TO HOLD,th .,•. '�, fee im le -e I 1' H AND,the grantors hereby coy ,:. „ :'d .:,, I,.` , *' awfully seized of said land in fee•simple;that the grantors have g.•. *�,t and lawful authority 11 d •_ said land,and hereby warrant the title to said land and will defend th` free of all encumbrances,except tax-4 against'.g uthe lawful to c r:.�,.o os whomsoever,and that said land is p a •••g subsequent to Dec .r. ) 004, IN WITNESS WHEREOF,the said ?��} joy-CI`ts- � the presents the day and year first above written. Signed,,haled and delivered in the presence of Wi 1 Signature Paul Skipper,Trustee o 'Marian Island Joyce A. St. Clair Trust P.O.Box 67128,St.Petersburg,FL 33736-7128 '..ess#1 Printed Name r - .: a t- ' itness#2 Signature Deana Sibilia Witness#2 Printed Name STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 12th day of August,2005 by Paul Skipper, Trustee of the Morgan Island Land Trust who is personally known to me or have produced as identification. /�- I SEAL /vG.c �i.c-'1 oycec A. St. Clair My Commission rein' : byte A St Clair ted Notary Name :.: ! :.�MY COMMISSION/ 00124977 EXPIRE �� Juti 14,2006 lit •” BONEDTHRU rMINIMUM/fa INC / 7 09/09/2005 05:49 2395941020 • BRYCE CONTRACTING PAGE 04 09/10/2005 15:15 2393539156 MAYSON LAND SORVEVIN PAGE 03 • o •.11b u�a w � ^�r,, w r. b1401,1%81111g-t7.".41:p� 4 mtX n M°n'2~w0 Die.tx q.F atYt 6%1 oton Ith-tr,si fi' '41 i g ti v4-h 4 Y at ' :6 tvi r LeaM`ar=., aZ.tT •t e 3 �M iY pd2 GC txtb 4y^ d O M M Y Y YM o 2ig M M a+. y 0 � { • ay4a kI. 4Yaty au-,...,2 4.° • yNo' W M t $ `f1ar y"J ija44 'xI 2 'W. a .ti:Am 11.4.1t..014.1 O r..1 1�b .4f i� M taea~:Ci O i •'T Ctt cla a 'b ' o62 a"aZS is a.gg`o O V Mi E., fin, 4O$ C y r • OD 11) �y _ C) ' .� y 1 L;• y a a a` C Y = aCti 4't .4g -b ... OCpa O ,.. C C « o0 y ; a iot014 .;. 2 °6a klso i k 5,6 '-' ° o^ 4 .0.Y`ti L Q•D Lpp .1% y 4]b• l a^2 sot, 5tt4p!miiitE 4r4 /R _'19/09/2005 05:49 2395941020 • BRYCE CONTRACTING PAGE 05 09/10/2005 15:15 2393539156 MAYSON LAND SURVEYIN PAGE 04 tarnr . d M y A} 111.0414 °t $a} `C, i4 h 1ui! ii p .p o� lit i:146`wa2 �a p •M�4r r ��yy L o Q r£ N``op ~�+ a b M y b r ' N ara e�M11my moo O CC4rb4NO . +'a ii Y - r • . ��. _ 4 Y o0 c h 1 • _ <O /� a . �y ' r a;` •Y 'b CIl '-,i l y r .. ySJ N U� 99b O`-. rP lj VI°"1 j v p 4 v, -1 ,,-�,j 1Y4i 4'4 o r h * .M(� y y ".W.3G•t05 iy�7 •4p O a1•vU "M"l. e^`4b G a tIghit$1 Vet taSlQl 4.° C.t Y 04 S' r 5..5 "Wl3`ita „a]pw�F 7� t y�j O M. 39/09/2005 05:49 2395941020 BRYCE CONTRACTING PAGE 06 09/10/2005 15:15 2393539156 MAYSON LAND SURVEYIN PAGE 05 e« .0■\ 6v zSx 44. • UU 1�lj.�}4}}tt!�t Ng r CC$iar L. V 1+w o-r M p�YI�r F k1Q,o �t o r.'a+' SSA « [ ktIne I: b 40 CkeisMg1+ '� ui rM0 Ita 1 M O 3N a�,.4'o• + K 0�'rr\iti l 11 4 .k • 41 &ARlittl, t,1,60.ixt4 Q$ pp ‘,14, 6t l�� 1/4 Y .0~ �%. e 4�i T). --, 4,oCVftz . `"o Pa p g'4 . .. • • . Mg e b+ o o G] z.• Oa ��_ a r • - V" T.,$.�3, '"M 44$14:1!,41;h..4• takakty;vg I� ,a C C U ewmi,e M`prat.YU • 9,1 _09/09/2005 05:49 2395941020 BRYCE CONTRACTING - — PAGE 87 09/10/2005 15:3.5 2393539155 • MAYSON LAND SURVEYIN PAGE 06 • N Nv c t u t w 1i'jh e cb rt 15;4: LCII ill IiiltP .Q1 0 Ira.I Cle. i N ; _I o ts d iil •u r i..3v +. 174.1 g ` r i I Y q i of rt�4 e n ui:t n4 Uh: i i1ri gq rU`4 -JJ`i6 4M n 1 it�L by A t t a rr _ 5 ' ' a O. 'At' y,"li pC4y � a N. N, O i I[ � i sO `` 0. CO yp♦ Y 00 4 CH) Ca �i► M l ,{ 44%4', ��`"1• O rn p .q-y Iti L Y III a i5 t Y $ h:tt gm W~h� pp �b S ;Ze SV{[t s' err`o> � - lii 'la' ''''' .t.': 5/0:4 aON� Y a M ' 3 9/ 09/09/2005 05:49 2395941020 — — BRYCE CONTRACTING PAGE 08 09/10/2005 15:15 2393539156 MAYSON LAND SURVEYIN PAGE 87 • in Z iii° §0RaatZ p-3 , 00„0 N ftWK� 404§ htf W ,~4 ,-0.1 7^ OWOlat•5 O m 0. H s M ..- MW<UOZq _I UI �� G>1 W p -- ,• 3E" o e. Oc `r -W»143)H a etc tip' O ` W yd zt y G CjW�y,, .-„.. h QI4 so e,a CO ,.."'"'"■, (CC417P g_ c- a� ,ac C N -2 L W `_�" y F- .sue 1 f J N 2 14` H ,F I� �7 Wy'� ,.. ��4-YY7 ANew Blit Ne3•20.pVV2 y Zy� ...pC w� g4>>>¢ ApoldsW�� is 4.x. . Wsza-Wi...1 L„.Y1.. a• 22 BOARD OF COUNTY COMMISSIONERS • Collier County, Florida Petitioner, Vs. CEB NO.2007-32 DEPT. NO. 2005010592 Domenic P. Tosto a/k/a/Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the Family Living Trust, on behalf of himself/ itself, 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 2007-32, dated the 26th. day of APRIL, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for APRIL 26, 2007, to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame "seven" dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property, and adjacent (A-ACSC/ST) zoned properties. REV 2/23/06 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 1,295.34 incurred in the prosecution of this case. 2) Abate all violations by: Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC / ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-b) Respondent(s) must execute said Demolition Permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. 2-c) Respondent(s) must also remove all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by a Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier Co. Housing, Maintenance, Litter and Land Development requirements, by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. * Respondent(s) remedial efforts must comply with all Collie County Environmental requirements * 3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all preen ees in question within 24 hours after abatement.. t?"07 Respondent Michelle Arnold, Director Code Enforcement Department - O t_; i REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-32 vs. DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO, TRUSTEE,AND JOANNE M.TOSTO,TRUSTEE OF THE FAMILY LIVING TRUST Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO,TRUSTEE,AND JOANNE M.TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation and an Amendment to the Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 109 Curacao Lane,Bonita Springs,Florida 34134,Folio 01199120007, more particularly described as(see attached Legals),of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6,Par. 12, Sec. 11,Sec. 12, Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance,Sections 7 and 8 in the following particulars: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of,but not limited to,fire damaged,weather damaged,structural elements,plumbing installations,construction materials,metal,plastic and paper items, left uncontained and unattended throughout this entire"Area of Critical State Concern/Special Treatment"(A-ACSC/ST)zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation and Amendment, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6,Par. 12, Sec. 11, Sec. 12,Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance, Sections 7 and 8 be corrected in the following manner: 1. By applying for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the"A-ACSC/ST"zoned property in question and all seaward effected property by May 28,2007. 2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27,2007. 3. By executing said demolition permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe,unattended environmentally harmful conditions and all resulting debris,to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by October 28,2007. 4. By removing all weather damaged and wind driven structural elements,construction materials and other foreign materials originating from a wood frame stilt residence previously owned by Mr.John Kotula and currently located throughout adjacent neighboring lots,to an approved site for final disposal,or arrange to remove all same by other lawful means,so as to comply with all Collier County Housing,Maintenance,Litter and Land Development requirements. The Respondent is in compliance with this paragraph. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 28,2007, then there will be a fine of$250 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board by June 27,2007, then there will be a fine of$250 per day for each day that the violation continues past that date. 7. That if the Respondents do not comply with paragraph 3 of the Order of the Board by October 28, 2007,then there will be a fine of$250 per day for each day that the violation continues past that date. 8. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection within 24 hours after abatement. 9. That the Respondents may petition the CEB to modify this Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28,2007,unless otherwise extended by the Code Enforcement Board. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$1,295.34. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _3() day of ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD state of FLORIDA COLLIER COUNTY,FLORIDA :ounty of COLLIER BY: Sheri Barnett,Chair I HEREBY CERTIFY: Af s a true IOW 2800 North Horseshoe Drive correct copy of kid6wirn:Ott file in Naples,Florida 34104 Board Minut 'ji413eoro-f Collier Count Wi NESS my: 'pa ant#-officfaI sue! this `t ay ol` � 34 ,t DWI T E. BRO •,1c, = STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi> day of ‘ \ , 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier CountyJ-16ci a�Who-is. 1,0-personally known to me or who has produced a Florida Driver's License as identific on. ch\ CCL-(77q •rte Er '. 'AL�N717 ,Y ARY PUBLIC ,c - 7 My commission expires: "'•w ter 22,200 Y P CHRISTINA L URBANOWSKI �k ' ° .:` ,■, 'A MY COMMISSION#DD 241717 ;, - y--.a EXPIRES:November 22,2007 CERTIFICATE OF SERVICE *ZIP ea dTnc,NderyPublicUnderwriters I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO,TRUSTEE,AND JOANNE M.TOSTO,TRUSTEE OF THE FAMILY LIVING TRUST,9893 Clear Lake Cir.,Naples,FL 34108 this day of , 2007. 0 M.J an R ' on,Esq. Florida Bar No. 75031 I 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. CEB NO.2007-32 DEPT. NO. 2005010592 Domenic P. Tosto a/k/a/ Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the Family Living Trust, on behalf of himself/ itself, 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 2007-32, dated the 26th. day of APRIL, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for APRIL 26, 2007, to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame "seven" dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property, and adjacent (A-ACSC/ST) zoned properties. REV 2/23/06 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 1,295.34 incurred in the prosecution of this case. 2) Abate all violations by: Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC / ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-b) Respondent(s) must execute said Demolition Permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. 2-c) Respondent(s) must also remove all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by a Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier Co. Housing, Maintenance, Litter and Land Development requirements, by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. * Respondent(s) remedial efforts must comply with all Collier County Environmental requirements * 3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement.. 7 Respondent Michelle Arnold, Director Code Enforcement Department '-(it) REV 2/23/06 I ��P9 q J N tm Lper1v, . 1 go � far:4(5 ct_cee �'►U+ -� -Vogl e Co e f� 11-0---44) r To/ I ( r ,, f ---� 9� ern ecVs Yerk4 �(PuriiSrt y � P Q� �NcPJs I P CtApf e cti ) 007) ttivi le55 5 PS _ . p to • cV1 cceme,A Y`j d pYil, • ill er-, G -QCs — • • TmoINSTRUMENT CoottPRE RED BY AND RETURN TO: 3697469 OR: 3889 PG: 2457 Timothy I.Cotter,PA RECORDED In OFFICIAL WORDS of COLLIER COMFIT, FL 599 9th Street North 09/14/2005 at 07:5511 MOT I, MCI, CLERI Naples,Florida 34IO2 COBS 300000.00 Properly Appraisers Parcel Identification(Folio)Numbers:01199120007 REC F70 52.50 Grantees SS#s: DOC-.1 2100.00 Reta: Space Above m TIIOTIT J COTTER 599 9TH ST 1#313 THIS WARRANTY DEED,made the 12th day of August,200 &I1kk Ur,Trustee of the Morgan Island Laud Trust,herein called the grantors,to Domenic P.Tosto a Ja Domenic Tosto,Trustee and Joanne ro Tosto,Trustee of the Tosto Family Living Trust dated and January 20,2004,with full power and authority hereinafter and to sell,to lease,to encumber or otherwise to manage and of the real property whose post office address is 9893 Clear Lake Circle,Naples,Florida 34108,hereinafter called the Grantees: repneea sa and assigns of� and the nice assigns the parties to this f +nmt and the heirs, legal gns ofcorporotions) WI T N E S SE T H: That the grantors,for and in consideration of the sum of TEN AND 00/100'S($10.00) Dollars and other valuable considerations,receipt whereof is hereby acknowledged, aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate COLLIER bargains, h,�, State of Florida,viz.: SEE ATTACHED LEGAL DESCRIPTIONS --- PROPERTY IS VACANT LAND AND IS NOT THE HOMESTEAD NOR CONTIGUOUS TO THE HOMESTEAD OF THE GRANTOR. Subject to easements, restrictions a • thereafter. 'y '" C `r and to taxer for the year 2005 and TOGETHER, with all the appertaining. pp ere thereto belonging or in anywise TO HAVE AND TO HOLD,th Cee err AND the grantors hereby coy- „ �' A _� -u ees i'y.T. a -q simple;that the grantors have wfid land,seized hereby said warrant in fee g.■� �� and lawful d title to said land and will defend th••., •' hereby warrant the against the lawful authority '. f, said Ism and free of all encumbrances,except whomsoever,and that said land is '• - . .' _subsequent to Dec +� '.004. IN WITNESS WHEREOF,the said 02, _. �� written 4.1t,.;,...,C '; these presents the day and year first above Signed,sbaled and delivered in the presence of . 6SI-C./c -I . ,, _Atiosr W' 1 Signature '= Joyce A. St. Clair Taut kipper,Trustee ori"- r!wan Island e P.O.Box 67128,St.Petersburg,FL 33736.7128 fitness#2 Signature Deana Sibilia Witness la Printed Name STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 12th day of August,2005 by Paul Skipper, Trustee of the Morgan Island Land Trust who is oecionally known to rue or have produced as identification. SEAL N .?Rir blic � , oyce A. St. Clair My Commission F.xpi ° s� J°y�e A Gag ' ' ted Notary Name MY COMMISSION 1 00124977 . 7uti fib 2006 eoweouaimorrwsausuct INC _ 89/09/2005 05:49 2395941020 BRYCE CONTRACTING PAGE 04 09/10/2005 15:15 2393539156 MAYSON LAND SURVEYIN PAGE 83 • ;g Is I au M e i xek M O `:1 4 01'41 U � � 15 alit• ►t $t tOet 411/4151 ..." . ° b.k. •i sty ; t Mb$ OZ�Ir V��i�0 g `(�j la gO sq bkps.T91 •0■4: ° 10—ph ibewig z4 H ' -'`tu . O p . .` . Vita 455 . -S EC ' * .� - 1'" I c 'vJ y 4 ..-c,` ' P1 , 0: GA--+r 41.4S.. r k M§ 414• it g rp 4 .A ` e pp Cj p l Oe d �4 ! C'a, t a t ga"� : - : - d ° �w � dtWVy ^ � M O � S O ki fl1UHf L. 1,41 tab,ti.4441V0441"-R2 44 3u `•° 3! � .� i �i 46r+N 1 .°.y4 / i► _99/09/2005 05:49 2395941020 BRYCE CONTRACTING PAGE 05 09/10/2005 15:15 2393539156 MAYSON LAND SURVEYIN PAGE 04 • M �S�C4i Yr + r . t%-303.4 . •11.01SW‘b 64 IXiNat ell • iiilitth ti klfhtt PI i CC pry fcig y b! 1II ~0b i :a1C-44-0 42i 1w6.14: N :1412 Is 40414c '''''PW-4,,, . . .V. • Pa '_'7u• •N ca „, (? �3 i i. b H CI 7. N M d r R 7 v 0, CJ7 0 -0 e1� aQi b ,..10A y tom- ay v i �g+ i4 AI' € � ° ' Siltgiill 421- kitriel, g-1 41 e o i qszoptlii il etle.st k4„6 "b • • I,? 39/09/2005 05:49 2395941020 BRYCE CONTRACTING PAGE 06 09/10/2005 15:15 2393539156 MAYSON LAND SLRVEYIN PACE 05 a a i. (ice Ing4ifi III.13'43'116Z r Y IiitIlhil 4146:Iti P4101'0! q14201ti 4% tr. 0. 0441 441114 elb4U 18' 1 Yo 1-444‘111U4i 2.. g}r; Y till e. U J G o : 1S . C:4 U . w ;F 1 Co OD tra (7) (IC etili,Z V41.1 E., •-ty , , b _ a G7 7. . . .4 I 0..(t4 Pe,,,h!(a 6 t .4.! ¼ ! C . • 0 ' 41 y r ' a 4 +. 4 ��Y�k va ob.e4k ti! ~i t ` �Y1�~ b � Y„gObla"l !taiiito o`�ssCCS thaki Ott -09/09/2005 05:49 2395941020 - — BRYCE CONTRACTING PAGE 07 09/10/2805 15:15 2393539155 • MAYSON LAND aRIEYIN PAGE 06 N 91`. 1x ilk .Q i ±: ^1 ultlitli l'il iit°% z`,1 tM �l o �.ht a� b. 1 111111:11€t b 6 O /"..t g 'tt •"1. v ZIj4.j "O N3 'o 351 2.07141614 kt Witsio i' .-/� . , ` . M. lq C 74 c:, •1 f 1'i OBI 4i Imo . y 4 00 rilf,A-1.1 . .-.7 ....c. e e\ ,..=, • : I 4 QA, b� 5 �l�' n T!� . :r ';"NI `441.2.“ : SSqq" • 4yt 44gPileri.iti *I 4C • ..2k $ X4 i Li 4I l4 dklf,4-is— i' 9; t ep 09/09/005 05:49 2395941020 . — __ __ BRYCE CONTRACTING PAGE 00 89/10/2005 15:15 2393539156 MAYSON LAND SURIIEVIN PAGE 07 0 Imyg pp�� MELIEg eillire li- 1 1,1"; Rejagal ktmeogiW tiiind ! IW ep T-gw -NT _ pzi •• H N :..< 4 -i r pr" Op W . }1 l < W Q^ � i -' = aF r, at- ligNiiih!:: alpglidla 0 z ,N, w W cetighWIX i4 i N 1N1,.f• yyyyyJyy��4=yg t s-N L gi COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Paul Skipper a/k/a Paul Skipper, Trustee, Morgan and Island Land Trust., Respondents CEB No. 2007-33 DEPT No. 2005010591 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-16 Deed 17-18 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-33 COLLIER COUNTY DEPT CASE NO.2005010591 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Paul Skipper a/k/a Paul Skipper,Trustee, Morgan and Island Land Trust.,Respondents NOTICE OF HEARING To: Paul Skipper a/k/a Paul Skipper,Trustee, Morgan and Island Land Trust.,Respondents P.O.Box 67128 St.Petersburg,FL 33736-7128 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building, Third Floor,3301 East Tamiami Trail, Naples, Florida 34112.- The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a fording of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a fording of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. — 4 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 2 CEB CASE NO. 2 00 7.3 3 vs. DEPT CASE NO.2005010591 PAUL SKIPPER,PAUL SKIPPER TRUSTEE,MORGAN AND ISLAND LAND TRUST,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 No.2004-58,Sec.6,compliance wt.housing standards,Par. 12,exterior and interior structures of dwelling units.,Sec. 11,method for designation&elimination of hazardous buildings, Sec. 12,standards for repair or demolition of hazardous buildings by the county, Sec. 15,responsibilities for property maintenance, Sec. 16,responsibilities of owners of vacant structures. Also, Ord.No.2005-44, Sec. 7,unauthorized accumulation of litter,and Sec. 8, abandoned property/prohibited. 2. Description of Violation:No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged wood framed/stilt supported residential structure. All same derelict structure and related wooden support elements and storm damaged wind driven debris remains unattended and a potential hazard. Also,litter and abandoned property consisting of,but not limited to,weather damaged and wind driven structural elements,construction materials and other foreign materials left uncontained and unattended throughout this entire seaward and landward "AREA OF CRITICAL STATE CONCERN/SPECIAL TREATMENT"(A - ACSC /ST)zoned property. 3. Location/address where violation exists: TWN. 53, SEC. 10,RNG.26,PARCEL#34,LOT B-2, FOLIO # 01198840003, A. K. A. SEAWARD AND LANDWARD PROPERTY, MORGAN ISLE,CAPE ROMANO,COLLIER CO.FLA., 4. Name and address of owner/person in charge of violation location : PAUL SKIPPER, PAUL SKIPPER TRUSTEE,MORGAN AND ISLAND LAND TRUST. 5. Date violation first observed:JAN.20,2005. 6. Date owner/person in charge given Notice of Violation: FEB.22,2007, (date of cert.Mail receipt) 7. Date on/by which violation to be corrected:FEB. 15,2007. 8. Date of re-inspection: FEB.21,2007 9. Results of Re-inspection: VIOLATION(S)REMAIN. 10.All documents and notices with regards to this matter were served pursuant to section 162.12,Fla. Statutes. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar. for a public hearing. Dated this 26 th.. . day of February, 2007 L W "V1� DENNIS MAZZONE Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 21 st. day of Feb. ,2007,by DENNIS MAZZONE •,i oun ode t forc.. ent Investi•ator r.>r -��lel! 'pi gnature of Notary Pub 1 ) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Linda C. Wolfe Commission#DD273407 REV 3-3-05 .oc:Expires:Dec 07,2007 '9'k od F��"• Bonded Thru """, Atlantic Bonding Co.,Inc. �. COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO:Paul Skipper a/k/a Paul Skipper,Trustee, ORDER TO CORRECT VIOLATION(S): Morgan and Island Land Trust YOU ARE DIRECTED BY THIS NOTICE TO TAKE P.O.Box 67128 THE FOLLOWING CORRECTIVE ACTION(S) St.Petersburg,Fla.33736 7128 Must comply with all Collier County Property Maintenance and Housing Code Requirements. LOCATION OF VIOLATION(LEGAL AND ADDRESS) Must obtain a complete and sufficient Collier Co. WITHIN COLLIER COUNTY ZONING DIST."A-ACSC/ST" Demolition Permit within 60 days after receipt of this SEC.10,TWN.53,RNG.26, SUBD. acreage,PACCEL#34, notice. LOT B-2, Must then execute same by receiving all required PLAT BOOK 3889, PAGE 1897, PROPERTY ID # 01198840003, inspections through to issuance of a Certificate of of Collier Co.record. A.K.A.Morgan Isle,Cape Romano,Collier County,Fla. Completion for the removal of the "UNSAFE" structure, A/KJA Seaward and Landward property in Collier Co., reference I. related elements , and all resulting debris, (seaward and D.No.01198840003. landward) so as to comply with all "A-ACSC/ST" zoning NOTICE district requirements within 120 days after issuance of the PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD aforementioned Demolition Permit. (C E B)ORD#05-55 and 97-35,AS AMENDED,YOU ARE NOTIFIED THAT THE FOLLOWING VIOLATION(S)EXIST. PENALTIES MAY BE IMPOSED: Failure to correct the ORD.NO.2004-58 SEC. 11,method for designation&elimination of hazardous buildings. violations on or before the date. You will/have receive (d) SEC. 12, standards for repair or demolition of hazardous buildings by the notification that a hearing will be held specified above will result in, county. 1)the filing of an affidavit of violation with the Collier County Code SEC.15,responsibilities for property maintenance. Enforcement Board, "C.E.B.", or Special Master S.M. charging you SEC.16,responsibilities of owners of vacant structures. with the violation(s) as described on this form which you and/or a (see attached copy of Collier Co. "Notice Of Dangerous Building"Folio# legal representative may attend. Failure to appear may result in the �1 01198840003, dated FEB.4,2005) Board /S.M. proceeding and making a determination in your ALSO;ORD.N0.2005-44 absence. If the Code Enforcement Board or Special Master finds a SEC.7,unauthorized accumulation of litter SEC.8,abandoned property/prohibited violation exists,a maximum fine of$1,000.00 per day in the case of a first violation, a maximum fine of$5,000.00 per day for a repeat DESCRIPTION OF CONDITIONS CONSTITUTING violation and a maximum fine of$15,000.00 per violation in the THE VIOLATION(S). event there is a finding that the violation is of an irreparable or irreversible nature. The Fines may be imposed on a per day basis for DID witness, no progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged each day each violation exists. Costs of prosecution and/or repairs wood framed/stilt supported structure,as previously described in may also be assessed against you for any violation. Collier Co."Notice Of Dangerous Building"correspondence dated SERVED BY \/ CERT. MAIL -----_ PERSONAL Feb.04,2005, and conveyed to previous owner,John J.Kotula Jr. Above noted derelict structure(related wooden support elements& SERVICE wind driven debris) remains unattended and a potential hazard.. I ,HEREBY acknowledge I Also,Iitter and abandoned property,consisting of,but not limited to, have received,read,and understand this notice of violation. weather damaged and wind driven structural elements, construction materials and other foreign materials left uncontained and unattended,throughout this entire seaward and landward Signature and Title of Recipient "AREA OF CRITICAL STATE CONCERN/SPECIAL TREATMENT'(A-ACSC/ST) zoned property. Print INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:DENNIS MAZZONE ; 2800 No.Horseshoe Dr.Naples,FL 34104 DATED THIS I T 'DAY OF ]4/ ,2007 (941)403-2447 FAX:(941)403-2343 REF: CASE NO.2005010591 Investigator's SignaturQ • v-, ■■? VIOLATION STATUS: X ( L3N1103110011/1170d SS3H007N111113113H1 d0 1H0IH3H1DL3d073AN3 do-OL 10'.H3)r9LLS 331/1,1 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signet item 4 if Restricted Delivery is desired. X LC -1 0 Agent A- 5 ,--c• Print your name and address on the reverse _ ❑Addressee so that we can return the card to you. B. : , _ Name) C. Date of Delivery • Attach this card to the back of the mailpiece, (7 ( t r or on the front if space permits. 1. Article Addressed to: < ' L '� D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No • SKIPPER TR, PAUL ITF MORGAN ISLAND LAND TRUST PO BOX 67128 .. 3. ceType ST PETERSBURG, FL 33736 0000 CertifiedMail ❑Express Mail i Registered ❑Return Receipt for Merchandise Case Nbr — 2005010592 _ ❑Insured Mall ❑C.O.D. j 4. Restricted Delivery?(titre Fee) if Y-e's 2. Article(Transfer r 7006 2-- _____ 0059 8_ 1�01�� 4 i7 (Transfer PS Form 3811,February 2004 Domestic Return Receipt p„,c ,5,b7 102595-02-M-1540 Ii S Postal'Service,. CERTIFIED MAJLTM RECEIPT_ " (Domestic Mail Only;No Insurance Coverage:Provided) cD For.delivery information visit our websitert www:usps vomy, rr rLor; ML USE D Postage $ Certified Fee 0 Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (End ..0 N To SKIPPER TR, PAUL ITF MORGAN ISLAND LAND TRUST sem PO BOX 67128 Stre, ST PETERSBURG, FL 33736 0000 N. or P. City, Case Nbr — 2005010592 P,S'-orms3800,August2005 'See-fieverse-forinstructions. L-� OC1 ?AOd i N, cs) ORDINANCE NO.2004-58 RECEIVED I ORDINANCE ESTABLISHING A PROPERTY ?s'' �� MAINTENANCE CODE FOR THE UNINCORPORATED AREA �ZZLZ0-L6�' 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 • •n r., FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING 1;7 r REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING "" ', FOR A NOTICE OF HEARING FOR REVOCATION OF c� BOARDING RENEWAL CERTIFICATE; REPEALING m_ _? ! COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- ;_1 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE y r- CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, 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 and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to,structural deterioration, lack of 1 49. WEATHERTIGHT — 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: 1. 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(1)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 Ilealth Department,as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition,free from defects,leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit,and be accessible to the occupants of the dwelling unit. The commode,tub or shower,and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY—Every dwelling,or dwelling unit,shall have 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 7 C 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. LIGHT AND VENTILATION—Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM—Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS—Every dwelling 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 less 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. 11. ELECTRICAL SYSTEMS—All fixtures,convenience receptacles,equipment and wiring of a dwelling unit found in violation shall be installed,maintained,and connected to a source of electrical power in accordance with the provisions of the Electrical Code,in effect at the time of violation. • 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS—all the following component of a dwelling unit shall be maintained in good condition. 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 he 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 INGRESS/EGRESS—Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space.•A second means of escape or egress may be required in accordance with the Building Code as amended by Collier • County. 8 7 e. ATTIC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES,AND APPURTENANCES—Every inside and outside • stairway,'stair,porch,and any appurtenance thereto,shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon,and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS—Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS—Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS—Every window,exterior door,shall be properly fitted within its frame,provided with lockable hardware,and shall be weather-tight and weatherproof,and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such,unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening,blocking the opening with concrete blocks and stuccoing the exterior,utilization of an authorized building material and finishing the exterior with like material of the original exterior surface,or boarding the opening. When boarding is used,it shall be trim fit,sealed to prevent water intrusion,and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 1$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 • q. STRUCTURAL SUPPORTS—Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS—Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD,DWELLINGS—Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant,not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70.square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT—Habitable space other than kitchens,storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the building code at the time of construction. • 15. POOL MAINTENANCE,PRIVATE—all swimming pools,spas and architectural pools, ponds'orother decorative bodies of water,not otherwise regulated by the Health Department,shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance,including but not limited to,free of mold.litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION-no space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall he limited to storage or utilitarian activity(i.e.:game room)and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES—all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete,crushed stone,asphalt,or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES—All boathouses within the unincorporated County must be maintained so as to prevent decay,as characterized by holes,breaks,rot,rusting or peeling paint. All exposed • surfaces of metal or wood shall be protected from the elements,decay or rust. 19. SANITATION REQUIREMENTS— a. All public or shared areas,and habitable rooms of any dwelling unit,structure, accessory structure,or building shall be kept in a clean and sanitary condition by the occupant or owner,in accordance with Health Department standards. b. Nothing shall be placed,constructed,or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings,structures,accessory structures(including private swimming pools),dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit,building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS—All dwelling units shall he equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired • 'detectors,battery operated smoke detectors are recommended for installation. All rental units shall have • smoke detectors that meet the Residential Landlord and Tenant Act. SECTION ELEVEN: METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS If an appropriate person,as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure,he shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official.The Housing Official shall then notify the owner of the offending property,in writing,and demand that said owner cause the hazardous condition to be remedied.The notice may be either personally serviced upon the owner or served by certified mail,return receipt requested,at the address of the owner as listed in the tax collector's office for tax notices. If the building or structure is occupied,the Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the property,or upon the Agent or Operator. In the event that personal service upon the owner or his Agent or Operator,cannot be performed after diligent search,then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner,operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. • After service of the notice,the owner shall have 30 days to remedy the hazardous condition,after obtaining all applicable permits,or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of Collier County within fifteen(15)days from the date of service of the notice. The notice shall be in substantially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: ADDRESS OF OWNER: Our records indicate that you are the owner(s)of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses,and I have found and determined,that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general public of Collier County.The specific hazards are as follows: (Describe/list hazardous conditions) You are hereby notified that unless the above dangerous conditions are remedied,so as to make the property in compliance with this Ordinance within thirty(30)days from the date hereof,the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property.You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board(CEB)(or Special Master of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB/Special Master within fifteen (15)days from the date of this notice. SECTION TWELVE: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDING BY THE COUNTY lithe owner fails to repair the hazardous condition within thirty(30)days of service of the notice that a hazardous condition exists,or within fifteen(15)days of the final determination by the Board that a 15 lU. hazardous condition exists,then the Housing Official shall,in ordering the repair or demolition of dangerous buildings,shall consider the following: a. Whether the interior walls or other vertical structure members list,lean or buckle to the extent that a plumb line passing through its center of gravity falls outside of the middle third of its base;or b. Whether the non-supporting,enclosing,or outside walls or covering,exclusive of the foundation,evidences 33%or greater damage to or deterioration;or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible,the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BY COUNTY I. If the owner fails to remedy the hazardous condition,the County shall remedy the hazardous condition and notify the owner of the expense incurred by certified mail,return receipt • requested at the address of the owner as listed in the tax collector's office for tax notices.The Housing Official shall then certify to the Board of County Commissioners the expense incurred in remedying the violation,whereupon such expense shall become payable within thirty(30)days. If the owner fails to pay the expense incurred within the prescribed time limit,the Board shall cause a resolution to be adopted assessing a special lien and charge upon the property which shall be payable with interest at the legal rate as of the date of certification by the Housing Official. The notice of assessment shall be in substantially the following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: ADDRESS OF OWNER: You,as the owner of record of the following property; (Describe property) - are hereby advised that Collier County,Florida did on the_day of ,20_,order that the hazardous or dangerous condition which existed on the above property be remedied,sending you notice thereof,the specific hazards being: (Itemize Hazards) A copy of such notice has been sent to you or your agent. You have failed to remedy the hazardous condition;whereupon,it was remedied by Collier County at a cost of$ ;such cost,has been assessed against the above property,in the same manner as a tax lien in favor of Collier County on ,20_. You may request a hearing before the Board of County Commissioners to show cause,if any,why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property.Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten(10)days from the date of this notice. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof inctuding accrued interest.Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County,Florida. • 16 // 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent•peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: I. Nonresidential Structures: • a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall he reasonably watertight, weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be �..� reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. • 17 /9 i. Every supplied facility,piece of equipment or utility which is required under this chapter shall he so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall he protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will he required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (I) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. • b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 gi • c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except liar permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. I: Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. • i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure • including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the • window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING t. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a , boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. ' 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 • /4. 4 + ORDINANCE NO.2005- 44 iNT CIO AN ORDINANCE WHICH REGULATES AND CONTROLS H a LITTER, WEEDS, AND EXOTICS WITHIN THE • �� UNINCORPORATED AREA OF COLLIER COUNTY, mr PROVIDING PURPOSE AND INTENT; ♦r0 APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER 91.1 S:LWV° TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATIAJG. !,"t THE STORAGE OF LITTER (AND CHANGES RELA CONSTRUCTION SITE CONTAINMENT OF LTTTEit); REGULATING WASTE MATERIALS MANAGEMENT (Mgr :.,, CONTAINMENT PIT AREAS TO CONFORM TO DEP.. =� i STANDARDS); DECLARING WEEDS AND EXOTICS TO BE A1,1, PUBLIC NUISANCE (AND REGULATING THE CONTROL UP'•1 a WEEDS AND EXOTICS); PROVIDING FOR EXEMPTION$2t{ PROVIDING FOR (THE ABATEMENT OF NUISANCES ANIga4 NOTICE OF VIOLATION FOR THE ABATEMENT OF THE- PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES;PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION;PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property,which is in close proximity to urban areas,if unsupervised or unmanaged; and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and WHEREAS,the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of �t the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other'person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing,placing, or depositing of Abandoned Property on any public or private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise,which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials,until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of I6 3697388 OR; 3889 PG: 1897 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, IL 09/13/2005 at 03:3211( DWIGHT I. BROCI, CLERI CONS 40000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: REC FEB 18.50 ,"•\ Timothy J.Cotter,Esq. DOC-.10 280.00 Timothy J.Cotter,PA Pete: TIMOTHY I COTTER 599 9th Street North 599 9TH ST N #313 Naples,Florida 34102 NAPLES FL 34102 Property Appraisers Parcel Identification(Folio)Numbers:01198840003 Grantees SS#s: • Space Above This Line For Recording Data THIS WARRANTY DEED,made the t�,day of August,2005 by John J.Kotula,Trustee U/T/A dated February 24,1989,herein called the grantors,to Paul Skipper,Trustee of the Morgan and Island Land Trust, whose post office address is PO Box 67128,St.Petersburg,FL 33736,hereinafter called the Grantees: (Wherever used herein the terms grantor"and grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) W I T N E S S E T Ii: That the grantors,for and in consideration of the sum of TEN AND 00/100'S(210.00) Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells, aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate in COLLIER County, State of Florida,viz.: SEE ATTACHED LEGAL DESCRIPTION Subject to easements, restrictions and reservations of record and to taxes for the year 2005 and thereafter. TOGETHER, with all the tenements, heredi purtenances thereto belonging or in anywise appertaining. �ti\OR CO g,�`�� TO HAVE AND TO HOLD,the sans ample forever. V ,� AND,the grantors hereby covenadt wi:, kid : ..6. ,: . granto are awfully seized of said land in fee simple;that the grantors have goo l ri t and Is. z : ..:rity to • 11 and .nve said land,and hereby warrant the "•••••. title to said land and will defend e "e t. i7"4. o. whomsoever,and that said land is free of all encumbrances,except es: . •.g; tie,t.5 �I, •t t IN WITNESS WHEREOF,the :.. , `� written. ha• gn . .,. s ,,a ti: Bents the day and year first above O Signed,sealed and delivered in the p . -.f: / . Witness#1 Signature ` 1 C� john J.Kotula,Trustee U/T/A dated February 24, n 1989 K t''l t t Jahr1 11927 Bell Bay Road,Presque Isle,MI 49777 • 'tn-.s#1 krinted ;: ,e , � ``l —. 't / :r ' itaess#2 Si..r)4-6101 0 la n 4_ Witness#2 Printed Namb STATE OF COUNTY OF l The foregoing instrument was acknowledged before me this day of August,2005 by John J.Kotula, t ,dJ/T/A dated February 24, 1989 who are personally known to me or have produced 4tr,�nocf5 (.ACtrt ' as identification ?%>`=„•`'‘•,*.-CAiSPZ0A:., —1)(1,102e C.)10'04— �� Notary blic ti- .t P` 4; Massa a C a bt 'F ' G y CGt\ Y. Printed Notary Name .•••••••• '' s P''.tre,1 Gv�0 t ir' ';t;' MEUSSA CHABOT Notary Public,Alpena County,Ml My Commission Expires Nov.24,2007 File No:2936-01 /7 *** OR: 3889 . PG: 1898 *** • ..it File Number:05-12583 Agent File Number: 2936.01 EXHIBIT "A" A portion of Government Lot I in Section 9 and Government Lot 4 in Section. 10 and accretion attached thereto, all in Township 33 South, Range 26 East , Collier County, Florida, said herein described por- tion to be known as Parcel 82 being more particularly.. described. as follows: Commencing at a Concrete Post known as "GT 21" which position is established on sheet 29 of a survey recorded in Offic- ial Record Book 187, Pages 1 through 74, Collier County Florida, . end runs 34'33'30"E, for 1242.12 feet; thence run S 19s'I9'00"E, for 1036.35 feet; thence run S 70.24110"W, for 34,88. feet; thence run S 45'50'53"E, for 752.58 feet to the Point of Beginning; thence. run N 70.24. 10"E, for 58 feet More or less, to a point on the Mean High Water Line of Morgan Pass; thence run Southeasterly.aiong said Mean High Water Line,to • ' 1 aid point being 75 .00 feet- rs distant from, as measured : Y. it to, the Northeasterly ex- • • tension of the previous •v , thenc 70°24' 10"W, for 143 • feet more or Tess, to a . • 'on the Mean ` Water Line of the . ' Gulf of Mexico; thence .ru• — -wester)y.a n. said Mean High Water • Line,to a point. said pan = 'ng . 0, 4 fee.. d stant from, as measured at right an- e t. = • • y , xtension of the previous course; the - ''� ;9 f1 8: feet more or less, to the Point of Segi ni i =c ration that may attach to the shores b.� -,! r-. -. -nd Southwesters extensions of the Nor.. e ly and South- by:— ry lines of said Parcel B2 . In the f. -,, • inq descrfp A baarirgs are based on the survey recorded , ,efricial Rec. .. 187, Pages 1 through 74, and the distances b fm- d survey 0 -• t -r 10, 1970. . ?HE c�g-G\3 Law Offices of JAMES A. HELINGER, JR., P.A. 814 CHESTNUT STREET CLEARWATER,FLORIDA 33756 JAMES A.HELINGER,JR TELEPHONE(727)443-5373 JAMES FAX(727)443-3643 April 11, 2007 helingerlaw@aol.com Collier County Code Enforcement Board do Ms. Bendisa Marku 2800 N. Horseshoe Drive Naples, Florida 34104 RE: My Client: Morgan Island Land Trust- Mr. Paul Skipper Notice of Ordinance Violation and Order to Correct From Collier County- Case No. 2005010591 Dear Chairman and Board Members: Based upon my telephone conversation with Dennis Mazzone today, my client has reached a settlement agreement with Collier County. Accordingly, my request for a continuance of the Code Enforcement hearing has been rendered moot and this letter will serve as a withdrawal of my previously filed Motion dated April 5, 2007. Thank you for your assistance in this regard. If you have any questions, please do not hesitate to contact me. . Very truly yours, ill . 11111 ol. ,a.4, im 4 .HELINGER R 4 JAHjr:jr cc: Jean Rawson, Esquire Mr. Paul Skipper Law Offices of JAMES A. HELINGER,JR., P.A. 814 CHESTNUT STREET CLEARWATER,FLORIDA 33756 JAMES A.HELINGER,JR. TELEPHONE(727)443-5373 FAX(727)443-3643 helingerlaw @aol.com April 5, 2007 Collier County Code Enforcement Board c/o Ms. Bendisa Marku 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Motion for Continuance My Client: Morgan Island Land Trust- Mr. Paul Skipper Notice of Ordinance Violation and Order to Correct From Collier County- Case No. 2005010591 Dear Chairman and Board Members: I have the pleasure of representing Mr. Paul Skipper and Morgan Island Land Trust in connection with the above citation. In this regard, a hearing has been scheduled for April 26, 2007. Unfortunately, I have had a long-standing, court ordered Mediation which I am conducting for Charlotte County on that date. Accordingly, it is physically impossible for me to attend that hearing. I have spoken with both Mr. Dennis Mazzone and Ms. Bendisa Marku. Ms. Marku has advised that it will be necessary for me to file a formal Motion for Continuance for consideration by the Board. Accordingly, please find enclosed for filing and consideration, my Motion for Continuance of the scheduled hearing to a later available date. Since we are contesting the citation, I hope and trust you will grant this continuance so that my client can be afforded his procedural and substantive due process rights. Your anticipated favorable consideration of this Motion is appreciated. Very trul our,, AIM Ir r ice' JA . ES A.HELING• ' JR. JAHjr:jr cc: Jean Rawson, Esquire COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-33 DEPT. CASE NO. 2005010591 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner, v. PAUL SKIPPER, a/k/a PAUL SKIPPER TRUSTEE, MORGAN ISLAND LAND TRUST Respondent. MOTION FOR CONTINUANCE Respondent, PAUL SKIPPER, a/k/a PAUL SKIPPER, TRUSTEE MORGAN ISLAND LAND TRUST, by and through his undersigned attorney, respectfully moves the Code Enforcement Board for a continuance of the hearing currently set for April 26, 2007, based upon the following facts and grounds: 1. The current hearing date was unilaterally set by Collier County and undersigned counsel unfortunately has a prior scheduling conflict. More specifically, on April 26, 2007, undersigned counsel will be conducting a previously scheduled, court- ordered Mediation for Charlotte County. A copy of the Notice of Mediation concerning this conflict is attached hereto as Exhibit "A" and incorporated herein by reference. 2. Undersigned counsel has previously advised the Code Enforcement Officer of this scheduling conflict and has also requested additional information concerning Law Offices of JAMES A.HELINGER,JR.,P.A. 814 CHESTNUT STREET CLEARWATER,FL 33756 the alleged basis for this citation. A copy of the latest request for that information is attached hereto as Composite Exhibit "B" and incorporated herein by reference. 3. Respondent is not guilty of the matters contained in the citation and seeks an evidentiary hearing thereon. 4. Granting of the requested continuance to a date when undersigned counsel can defend his client is necessary in order to afford the Respondent procedural and substantive due process as guaranteed by the Florida and United States Constitutions. 5. This Motion is made in good faith and not for the purpose of delay. WHEREFORE, Respondent respectfully requests that the Board grant a continuance of the hearing on the subject citation to an early date when undersigned counsel can be available to represent his client. I HEREBY CERTIFY that the original of the foregoing has been mailed this 5th day of April, 2007 to the Code Enforcement Board, do Bendisa Marku, Operations Coordinator, Secretary to the Code Enforcement Board, 2800 N. Horseshoe Drive, Naples, Florida 34104 and a copy has been mailed to Jean Rawson, Esquire, Collier County Attorney's Office, 3301 East Tamiami Trail, Naples, Florida 34112. LAW OFFICES OF JAMES A.HE E R. P.A. Ilk J I ► JA ES A.HELINGER J r4C., RE 81 , Chestnut Street -arwater, Florida 33756 727-443-5373 FBN: 00145200 Law Offrrrs,f JAMES A.HEUNCER,JR.,P.A. 814 CHESTNUT STREET CLEARWATER,FL 33756 2 jAN182607 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR CHARLOTTE COUNTY CIVIL ACTION CHARLOTTE COUNTY, a Political Subdivision of the State of Florida, Petitioner, CASE NO. 05-503-CA vs. STEPHEN J. STURM, et al., PARCEL NO(s). TC-1-0020 (Safie/Zimeri) Defendants. I NOTICE OF MEDIATION YOU ARE HEREBY NOTIFIED that a mediation session has been scheduled as follows: MEDIATOR: James A.Helinger Jr., Esquire PLACE: Charlotte County Real Estate Services 18501 Murdock Circle, Suite 503 Port Charlotte,Florida 33948 TIME: 9:00 a.m. DATE: April 26, 2007 SAR:198207:1 EXHIBIT "A" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been sent via U.S. Mail to Melville G. Brinson II,Esquire,Post Office Box 690, St. James City, Florida 33956, Counsel for Defendants,Safie/Zimeri, this 16th day of January, 2007. RUDEN,McCLOSKY, SMITH, SCHUSTER&RUSSELL, P.A. 1515 Ringling Boulevard, Suite 700 Post Office Box 49017 Sarasota, Florida 34230-6017 (941) 316-7600 Counsel for Petitioner, Charlotte County Board of County Commissioners By: ,,'' we,.4 Robert J. Gill, r e Florida Bar No. 90785 Courtesy Copies to: James A.Helinger Jr.,Esquire 814 Chestnut Street Clearwater,Florida 33756 J. Paul Payette,Director Real Estate Services Department 18501 Murdock Circle, Suite 503 Port Charlotte,Florida 33948 Michael Gibson,Manager Real Estate Services Department 18501 Murdock Circle, Suite 503 Port Charlotte,Florida 33948 Dianna Stanfield,Real Estate Specialist Real Estate Services Department 18501 Murdock Circle, Suite 503 Port Charlotte,Florida 33948 Bradford Walter,Real Estate Specialist Real Estate Services Department 18501 Murdock Circle,Suite 503 Port Charlotte,Florida 33948 SAR:198207:1 Law Offices of JAMES A. HELINGER,,JR., P.A. 814 CHESTNUT STREET CLEARWATER,FLORIDA 33756 JAMES A.HELINGER,JR. TELEPHONE(727)443-5373 FAX(727)443-3643 helingerlaw@aol.com March 8, 2007 Mr. Dennis Mazzone Collier County Code Enforcement 2800 North Horseshoe Drive Naples, Florida 34104 RE: My Client: Morgan Island Land Trust (Paul Skipper) Notice of Ordinance Violation and Order to Correct From Collier County- Case No. 2005010591 Dear Mr. Mazzone: Thank you for your letter of March 6, 2007 responding to my letter of February 26, 2007 regarding the above matter. During my client's last inspection of the property, there were absolutely no structural elements landward of the Line of Mean High Water on Parcel 34. Accordingly, my client has requested that you provide us with pictures depicting what you believe forms the basis for the pending citation. My client has also inquired as to how you have determined the boundaries for Parcel 34, since it is surrounded by approximately one- half mile of unimproved beach. If you have a survey that you have completed as part of your investigation, then we would also request that you provide us with a copy. Finally, I am unfortunately unable to attend the Code Enforcement Board Hearing on April 26, 2007. I am a Certified Circuit Court Civil Mediator and will be conducting a Mediation for Charlotte County on that date. This is a Court ordered Mediation which has been set since January 16, 2007 and cannot be changed. Out of town parties have already made their airline reservations. A copy of the Notice of Mediation is enclosed for your information and reference. Accordingly, this letter will serve as a request that the Code Enforcement Board Hearing be rescheduled for a subsequent date when I can be available to represent my client. Cannosite Exhibit "B" Mr. Dennis Mazzone Page Two March 8, 2007 Thank you for your anticipated response to the request contained herein. Please feel free to call me in the event you have any questions or comments. Very trul / JA ES A.HELIN Lim J- JAHjr:jr cc: Morgan Island Land Trust zY ti. Law Offices of JAMES A. HELINGER,JR., P.A. 814 CHESTNUT STREET CLEARWATER,FLORIDA 33756 JAMES A HELING ER,JR. TEt.FPHONE(727)443-5373 FAX(727)413-3643 helingerlaw#aoLcom April 3, 2007 Mr. Dennis Mazzone Collier County Code Enforcement 2800 North Horseshoe Drive Naples, Florida 34104 RE: My Client: Morgan Island Land Trust (Paul Skipper) Notice of Ordinance Violation and Order to Correct From Collier County Case No. 2005010591 Dear Mr. Mazzone: As you are aware, I represent Mr. Paul Skipper and Morgan Island Land Trust in connection with the above referenced Notice of Ordinance Violation and Order to Correct issued to my client by Collier County. In this regard, I wrote to you on March 8, 2007 requesting documentation concerning this alleged violation and also advising • that I have a scheduling conflict for the April 26, 2007 hearing date before the Collier County Code Enforcement Board. More specifically, I will be conducting a court ordered Mediation in the case of Charlotte County v. Stephen J. Sturm, et al. , Circuit Civil No. 05-503 CA, on that date. We certainly intend to be responsive to this Complaint and accordingly, I would like to renew my request that the Code Enforcement Board hearing be rescheduled for a subsequent date when I can be available to represent my client. In view of the age of this case, a short delay should not cause any prejudice. May I please hear from you at your earliest convenience? Very truly yours, 111 -‘ - .• ► JA ES A.HELI 4 JAHjr:jr cc: Morgan Island Land Trust CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-33 vs. PAUL SKIPPER a/k/a PAL SKIPPER, TRUSTEE,AND MORGAN AND ISLAND LAND TRUST, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That PAUL SKIPPER a/k/a PAL SKIPPER,TRUSTEE,AND MORGAN AND ISLAND LAND TRUST,are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 109 Curacao Lane,Bonita Springs,Florida 34134,Folio 54751240000, more particularly described as(see attached Legal),of the Public Records of Collier County,Florida was in violation of Collier County Ordinance 2004-58,The Property Maintenance Code, Section 6,Par. 12, Sec. 11,Sec. 12, Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance,Sections 7 and 8 in the following particulars: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged wood framed/stilt supported residential structure. All same derelict structure and related wooden support elements and storm damaged wind driven debris remains unattended and a potential hazard. Also,litter and abandoned property consisting of,but not limited to,weather damaged and wind driven structural elements, construction materials and other foreign materials left uncontained and unattended throughout this entire seaward and landward"Area of Critical State Concern/Special Treatment"(A-ACSC/ST)zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6, Par. 12, Sec. 11,Sec. 12,Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance,Sections 7 and 8 have been abated. 1. That the Respondents are in compliance. 2. That the Respondents have paid all operational costs incurred in the prosecution of this Case in the amount of$1,182.29. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 V day of qt.,/,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:,JZ. /f J2e�r Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) \ \The foregoing instrument was acknowledged before me thi day of �� , 2007(Sheri Barnett,Chair of the Code Enforcement Board of Collier County,FJ ridS;"whio is-°-°-- V personally known to me or who has produced a Florida Driver's License as identification. s / e'• CHRISTINA L URBANOWSKI NOTARY PUBLIC T a r. " I,,t?COMMISSION#DD 241717 My commission expires: A. a XPIRFS:November22,2007 A. �1��` BEokn11hru IJo1ary public Widen/Mem CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to PAUL SKIPPER,a/k/a PAUL SKIPPER,TRUSTEE,AND MORGAN AND ISLAND LAND TRUST, P. O. Box 67128, St. Petersburg,FL 33736 this day of ,2007. L- ,,G1..v V C ,- State al FLORIDA M.Jeat; 'wson,Esq. yotlnty of COLLIER Florida'lar No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY THAT this is a true and 400 Fifth Avenue S.,Ste. 300 correct copy of 4.document on file in Naples, Florida 34102 Board MinutoPaIl :k 24 as of Collier County (239)263-8206 WI i�I peat this Owl II. �; •KbF COURTS / 4 *j' D.C. , 3697388 OR: 3889 PG: 1897 RECORDED in OFFICIAL RECORDS of COLLIER CODER, FL 09/13/2005 at 03:32P0 DWIGHT I. BROCI, CLERI CONS 40000.00 TFIIS INSTRUMENT PREPARED BY AND RETURN TO: ABC FSS 10.50 Timothy J.Cotter,Esq. DOC-.10 250.00 Timothy J.Cotter,PA Rata: 599 9th Street North 599 9TH 5?CN 031 Naples,Florida 34102 599 9SH L! N 0313 NAPLES FL 34102 Property Appraisers Parcel Identification(Folio)Numbers:01198$40003 Grantees SS#s: L' -)- Space Above This Line For Recording Data THIS WARRANTY DEED,made the pti day of August, 2005 by John J.Kotula,Trustee LIMA dated February 24,1989,herein called the grantors,to Paul Skipper,Trustee of the Morgan and Island Land Trust, whose post office address is PO Box 67128,St Petersburg,FL 33736,hereinafter called the Grantees: (Wherever used herein the terms "grantor'and 'grantee'include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) W I T N E S S E T It That the grantors,for and in consideration of the sum of TEN AND 00/100.5(510.00) Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells, aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate in COLLIER County, State of Florida,viz.: SEE ATTACHED LEGAL DESCRIPTION Subject to easements, restrictions and reservations of record and to taxes for the year 2005 and thereafter. TOGETHER, with all the tenements, heredi .. rtenances thereto belonging or in anywise appertaining. �y� R COQ ?. TO HAVE AND TO HOLD,the sam unple forever. ,rC+ AND,the grantors hereby cov wi.. .. . granto are -wfully seized of said land in fee simple;that t h e grantors have g..• ri •t and 1a i rity to and -.n said land,and hereby warrant the title to said land and will defend •.t 161—.99)� ^tr., *.j . whomsoever,and that said land is free of all encumbrances,except es ing• ii t ` I .t t• IN WITNESS WHEREOF,the •...... .ha• WI-. :i.i. s . =• •. I ants the day and year first above written. 'C1\ _ • Signed,sealed and delivered in the. —•,--.f: i 411 /,0-OA: GO Lk J(DA e:' .7 k i'K Witness#1 Signature CIR •ohn J.Kotula,Trustee U/T/A dated February 24, 1989 G'�1 O h►'� 11927 Bell Bay Road,Presque Isle,MI 49777 • #11\rinted • e LaMil itness#2 Si '' ! 01Gn t4 4. '6 Witness#2 Printed Nam6 STATE OF COUNTY OF th The foregoing instrument was acknowledged before me this day of August,2005 by John J.Kotula, `,�� dJ/T/A dated February 24, 1989 who are personally known to me or have produced r,()n JLf, Litt nY as identification.• • '.�.Tv, I:* •.:`+j • N tart' bile . _ _;' ter.';S :; A . j - P� � 4 m0 Cba ha 4-- 1 y� N L\d- tl Printed Notary Name egy talc •, •4 f `E'tpines: 4. MELISSA CHABOT Notary Public,Alpena Canty.MI My Commission Expires Nov.24,2007 File No:2936-01 t...t *** OR: 3889 , PG: 1898 *** • _ .it File Number:05-12583 Agent File Number: 2936.01 EXHIBIT "A" • , • . 4 portion of Government Lot I In Section 9 and Government Lot 4 in Section 10 and accretion attached thereto, all in Township 33 South, Range 26 !ast,. Collier County, Florida, said herein described por- tion to be known as Parcel 82 being more particularly.. described. as follows: Commencing at a Concrete Post known as "GT 21" which position is established on sheet 29 of a survey recorded in Offic- ial Record Book 187, Pages 1 through 74, Collier County Florida, . and run *S 34'33'30"E, for 1242.12 feet; thence run S 49119'00"E, • for 1038.35 feet; thence run S 70.24110"W, for 34.88 feet: thence run S 45.50'53"E, for 752.58 feet to the Point of Beginning; thence. run N 70'24' 10"E, for 58 feet More or less, to a point on the • !lean High Water Line of Morgan Pass; thence run Southeasterly.along said Mean High Water Line,to �' . aid point being 75 .00 feet ' distant from, as measured , , 1% - to, the Northeasterly ex- . • tension of the previous • , thenc W. 0 24 10 W f feet more or l ess, to a - • v' on the Mean 7 for t 43 • Gulf of Mexico; thence .ru• - -wester Water Mean of thW �y.a n. said Mean High Water . Line,to a point. said pan - t ' fee6 d scant from, as measured at right an- e y xtension of the previous course; the ce • ri �� f� 8: feet more or less, to the Point of Segi ni t. - �_ t -c• ration that may attach to the shores la ,• -nd Southwester! extensions of the Nor ly and South- - bp '. . ry lines of said Parcel B2 . in the f• ,� • ink descrip 'bearings are based on the survey recorded 'fricial Rec. • • - . 187, Pages 1 through 74, and the distances b �f - d survey 0 -. = _r 10, 1970. . • 1 HE IRC- C .1‘) COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. MMB of Southwest Florida LLC and Bonita Media Enterprises, LLC, Respondent(s) Brennan, Manna& Diamond, PL(Registered Agent), CEB No. 2007-35 DEPT No. 2006120468 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 4-7 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-35 COLLIER COUNTY DEPT CASE NO.2006120468 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MMB Of Southwest Florida LLC and Bonita Media Enterprises,LLC.,Respondent(s) NOTICE OF HEARING To: MMB Of Southwest Florida LLC and Bonita Media Enterprises,LLC Brennan,Manna&Diamond,PL(Registered Agent) 17501 Stepping Stone Drive 3301 Bonita Beach Road, Suite 202 Fort Myers,FL 33912 Bonita Spring,FL 34134 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building, Third Floor, 3301 East Tamiami Trail, Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet (Attachment A) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr., Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 J • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO. 2007-35 DEPT CASE NO.2006120468 MMB of Southwest Florida and Bonita Media Enterprises,LLC Registered Agent:Brennan,Manna&Diamond,PL Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s04-41,Land Development Code,as amended, Section 5.06.06 [U] 5.06.06[W],and 5.06.06[X] 2. Description of Violation:Vehicle with moving/changing sign copy. 3. Location/address where violation exists: Itinerant or transient in nature. 4. Name and address of owner/person in charge of violation: MMB of Southwest Florida and Bonita Media Enterprises, LLC ,C/O Registered Agent : Brennan, Manna&Diamond, PL, 3301 Bonita Beach Road,Suite 203,Bonita Springs,Fl 33912 5. Date violation first observed:December 14th,2006. 6. Date owner/person in charge given Notice of Violation:January 18th,2007. 7. Date on/by which violation to be corrected:February 20th,2007. 8. Date of re-inspection: March 15th,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 Enforcement Board fo a pub i hearing. Dated this 29th.Day of March,2007 011KIPPA _ STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn • (or aff ed)and subscribed before this 29th day of March ,2007 by '.l_, ,/// / (Sign. e of Notary 'ub is (Print/Type/Stamp Commissioned ''� Personally known'—�— Name of Notary Public) Y or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA K. A. Van Sickle REV 3-3-05 1;4 =Commission#DD618488 Expires: NOV. 29 2010 BONDED THRUATLA,1 T C JONDLNG CO.,INC. n Case Number 2006120468 ■ /) C.7— \\,, .t COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ` �" ` '� �' ' /.."'Nner: , = OF SOUTHWEST FLORIDA,LLC Date: 1/18/2007 Investigator KITCHELL T. SNOW Phone: 239-403-2493 AND BONITA MEDIA ENTERPRISES,LLC ATTN JON MCLEOD,MGRM BRENNAN,MANNA&DIAMOND,PL AS REGISTERED AGENT FOR: MMB OF SOUTHWEST FLORIDA,LLC AND BONITA MEDIA ENTERPRISES,LLC Mailing: 17501 STEPPING STONE DRIVE Zoning Sec FORT MYERS FL 33912 Dist T Rng 3301 BONITA BEACH RD,SUITE 202 Legal: Block BONITA SPRINGS FL 34134 Subdivision Lot Location ITINERANT OR TRANSIENT IN NATURE Folio OR COUNTY WIDE Page Book 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 DISPLAYING ANY SIGN THAT EMPLOYS MOVEMENT OR OR®Ord No. 04-041,as amended Section 5.06.06[U] SAID VEHICLE STINT OPERATION OR STATIONARY WITHIN THE Ord No. 04-041,as amended Section 5.06.06[W] UNINCORPORATED AREA OF COLLIER COUNTY. CEASE ALL FUTURE USE OF SIGNS THAT DO NOT COMPLY WITH THE Ord No. 04-41 , as amended Section 5.06.06[X] COLLIER COUNTY LAND DEVELOPMENT CODE. ❑Ord No. ,as amended Section ❑Ord No. as amended Section nsupplemental attached DOrd No. ,as amended Section :SCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: FEBRUARY 20TH 2007 Did Witness: Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that ON 12/14/06—VEHICLE WITH MOVING SIGN COPY THAT CHANGED APPROIMATELY EVERY 30 TO 40 SECONDS ADVERTISING may result in fines up to$500 and costs of prosecution. OR BUSINESS, CREATING A TRAFFIC HAZARD THROUGH THE 2) Code Enforcement Board review that may result in fines up to ATTRACTION AND/OR DISTRACTION TO THE MOTORIZED PUBLIC. $1000 per day per violation, as long as the violation remains, and THIS IS CONTRARY TO THE COLLIER COUNTY LAND costs of prosecution. DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: Supplemental attached ORDINANCE ATTACHED. 11% rps�onal Service ®Certified Mail ❑Posting of Property w ['Fax [Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Signa ure and Title of Recipient ENFORCEMENT KITCHELL T.SNOW SC° -74/1-- 141 , u v.&I INVESTIGATOR: Print 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2493 - . = 403-2343 Dated this 18TH day of JANUARY 2007 ll Investigator signature MP f VIOLATION STATUS: P"1/4kitiai ❑Recurring ❑Repeat Notice of Violation (lripinal to Films r _... n — - - 5.06.00 SIGNS Page 18 of 21 that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) r-5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, anysign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandonedsigns . C. Animated or activatedsigns , except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashingsigns or electronic reader boards. E. Rotatingsigns or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminatedsigns in any residentially zoned or used district, except residential identification signs , residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use , PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs , subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or public rights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lightedsigns . J. Neon typesigns , except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roofsigns . L. Portablesigns . M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State law references: Display of unauthorized traffic signs , signals or markings, F.S. § 316.077. N. Signs , commonly referred to as snipe signs , made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed http://hbraryl.municode.com/mcc/DocView/13992/1/36/42 11/7700n6 . 5.06.00 SIGNS Page 19 of 21 by, or exempted from this Code. 0. Windsigns (except where permitted as part of this section of this Code). P. Anysign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs , freestanding signs , [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Anysign which emits audible sound, vapor, smoke, or gaseous matter. T. Anysign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign , signal, or device. U.= Anysign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs ). V. Anysign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W Anysign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. "Look,"Anysign which uses flashing or revolving lights, or contains the words "Stop," Look, "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Anysign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. Nosign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs , political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. lnflatablesigns . CC. Accent lighting as defined in this Code. http://library1.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 5.06.00 SIGNS Page 20 of 21 DD. Illuminatedsigns , neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directionalsigns. People in costumes advertising stores or products. FF. Attachments tosigns, such as balloons and streamers. GG. Bannersigns. HH. Pennants. II. Benchsigns. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. Allsigns 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. Nosign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: 1. The issuance of asign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. Allsigns for which a permit is required shall be subject to inspections by the County Manager or his designee. The County Manager or his designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance 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 anysign or part thereof violates this Code, the County Manager or his designee may institute any appropriate action or proceedings to prevent, restrain, http://library1.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 6'• 5.06.00 SIGNS Page 21 of 21 correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or ^ other persons maintaining the sign , or owner, or lessee of the land where the sign is located. 3. If asign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard Building Code, as adopted by Collier County shall govern. 4. Code enforcement shall immediately remove allsigns in violation of this Section that are located in or upon public rights-of-way or public property. 5. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separateand distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. b. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. Chapter 162. (Ord. No. 05-27, § 3.KK) 7. http://libraryl.municode.com/mee/DoeView/13992/1/36/42 11/27/2006 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-35 vs. MMB OF SOUTHWEST FLORIDA,LLC AND BONITA MEDIA ENTERPRISES,LLC, BRENNAN,MANNA&DIAMOND,(Reg.Agent) Respondents ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 26,2007,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on May 24,2007. The Respondents waived Notice of the next hearing. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of / t ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: % tt ' state ch FLORIDA Sheri Barnett,Chair .'.ounty of COLLIER 2800 North Horseshoe Drive Naples,Florida 34104 I HEREBY CERTIFY,THAT this is a true and correct copy of a Cr)C 1W7 t`cti tile in Board Minute?h:.1 R c as o`.,Collier Counter WorNEss rht h a end official seal this day p OWIG E. OK LERK 0 COURTS .1/4.. A '4: ..c. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of P1 ' \ ,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is ✓ personally known to me or who has produced a Florida Driver's License as identification. smpAtlepun N"d Ann* 41Pelx ;. NOTARY PUBLIC LQOZ'lliegwenoN:SkildX3 ':"� My commission expires: /UK as#NOISSIMOO INSMONVEM 1 VNIlSIFiHO CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to MMB OF SOUTHWEST FLORIDA,LLC AND BONITA MEDIA ENTERPRISES,LLC, 17501 Stepping Stone Drive,Ft.Myers,FL 33912 and BRENNAN,MANNA&DIAMOND,(Reg. Agent),3301 Bonita Beach Road,Ste. 202,Bonita Springs,FL 34134 this day of 2007. // M.Jean Rapson,Esq. Florida Bdr No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Roilan Perez., Respondent(s) CEB No. 2007-37 DEPT No. 2006100899 ITEM PAGE(S) Notice of Hearing �-. Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 Deed 4-8 9 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-37 COLLIER COUNTY DEPT CASE NO.2006100899 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Roilan Perez,Respondents NOTICE OF HEARING To: Roilan Perez 1974 46th Street SW Naples,FL 34116 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building, Third Floor,3301 East Tamiami Trail,Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr., Naples, FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. I 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.2007-37 vs. DEPT CASE NO.2006100899 Roilan Perez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41,As amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a),&the Collier County Code of Laws and Ordinances,Section 22, Article I1,103.11.1,Section 106.1.2 Ceritificate of Occupancy. 2. Description of Violation:Interior and exterior conversion&non-permitted construction. 3. Location/address where violation exists: 1974 46th St SW,Naples,FL 4. Name and address of owner/person in charge of violation location:Rolian Perez 1974 46th St SW Naples,FL, 5. Date violation first observed: October 27th,2006 6. Date owner/person in charge given Notice of Violation:November 1st,2006 7. Date on/by which violation to be corrected:January Is,2007 8. Date of re-inspection: January 12th,2007 9. Results of Re-inspection: Violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 20th. day of February, 2007 Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed, nd subscribed before this 20th day of February ,2007 by 0,7 r;/ ( CX,,,v( z.,/,,,44_A k (Signature of Notary Publ. (Print/Type/Stamp Commissioned Personally known_x or produced identification Name of Notary Public) Type of identification produced O,c N:.4X ,, Indira Rajah REV 3-3-05 _Commission#DD273349 %;•. ' Expires:Dec 07,2007 % oF FLAP Bonded Thru 2 Atlantic R,...a:.,,.r., i.... • Case Number 02004/00 gli • COLLIER COUNTY CODE ENFORCEMENT • Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION /1*pondent ,0 4, ire Z Date: // I/ /06 Investigator: 2 Ra/ Phone: 239-ygj.gy Mailing: / 7 / ,1�6 Zoning Dist �S Sec 02 49- Twp Y 7 Rm 024 f 5(� Legal: Subdivision e" A/0,4 fe y Block oZ 5 Lot 'fit Location: NCp1e S, FL 3 //4 ,$S4a,7t C.: a4ove Folio 7Jr. 71�6000D f OR Book 9/72 Page /6, / Unincorporated Collier County �•J Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑ Ordinance 5 Permits.Collier It shall o County unlawful ght-o for W any Responsible Party di 0105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or erform an construct,enlarge,alter, repair,move,demolish,or change the occupancy other work which disturbs the existing structure and/or compaction of soil in convert or replace ettany electrical, as;mechanical)enlarge,plumbing system,remove, any right-of-way maintained by Collier County within the boundaries of any P any g P g�'��the municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make pplicationttostho uildingcofficial and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06 B 1 Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy ( )( ) ❑105l the The building permit ro or copy shall be kept on the site of the work �10.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 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 10.02.06(B)(1)(t!)Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the II of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: / \requires a building permit under this land development code or other �4//S (it-7terie,r) AG/le been added. applicable county regulations. T/,e X,Gn3,• or--o Alas been Con t ei-7.d 6, 10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of 124,V1 �Oer)S` S' COMB be A,--oO.r, /ra s heed" any type,repairs or remodeling of any type that requires a building permit has -ea, fo fie a been completed, all required inspection(s) and certificate(s) of occupancy fe'� f) �G s must be obtained within 60 days after the issuance of after the fact permit(s). Ode gddtp! Voor S end��p(�jw S �� Aeq G�dd6 Order to Correct Violation(s): er `Must be in compliance with all Collier�nty Code and Ordinances. lli r County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described Co (103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove. said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human like, or which in relation to existing uses, V Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or occupancy/comp service systems. All such unsafe buildings,structures or service systems are certificate of )from OR demolish described im rovements/structure and remove from property. hereby declared illegal,etc Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of perm t cl to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: J�n �' certification of a one or two family dwelling unit on the same roe the j t�� fence or enclosure required shall be in place prior to filling of the pooh property. Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A buildin day p violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,permit ee Pros ,..-Ai removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at •esppdent' :lgnature //ate the site. Activities prohibited prior to permit issuance shall include, but are - Date not limited to, excavation pile driving (excluding test piling), well drilling, ` �/ AallOiliPP- i0111. ,mwork,placement of building materials,equipment or accessory structures Investigator's Signature //,te 0,6 disturbance or removal of protected species or habitat,etc. Date Section 106.1.2 Certificate of Occupancy. 06.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Nnt;,o..+"17:..1.,.:.._ �_. • - 3 ORDINANCE N0. 04-41 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT ODE, WH COUNTY,N CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF • COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS 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, APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES E04.0F INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; R CHAPTER 2 - ZONING DISTRICTS AND USES, 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SECN2.03 00 ZONING DISTRICTS,GENERALLY, 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 O ENDAN- GERED,THREATENED, OR.LISTED SPECIES, SEC.3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTIO ^. CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING 1.00 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 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 SIGN INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- ' . SIGNS, TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES RE 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC.60 6.04.00 POTABLE SEC. 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 ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 AND 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 4 vii APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- 4111 ment plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier IWO County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 �.l . CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-70, enacted Dec. 13, 2005. (Supplement No. 19) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Section 103.10, entitled "Revocation of Permits," is a new section (with numbered sections 103.10.1. and 103.10.2)which will read as follows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical,plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 103.11, entitled "Safety," is a new section(with numbered subsections 103.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 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 life, 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 and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to 7 ARTICLE II. FLORIDA BUILDING CODE* Page 11 of 11 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or herinspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy,"is a amended as fol lows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion 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 stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy," has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy,"is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, the Official Zoning Map Atlas with the wind speed lines overlayed in one mile-per-hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. Secs. 22-28--22-80. Reserved. , . ,.... /1 A/1 A A,1 3898746 OR: 4102 PG: 0164 Prepared by: RECORDED is OFFICIAL RECORDS of COLLIER COUNTI, IL Lauren Bartley 09/07/2006 at 04:1210 DEIGE'f E. BROCE, CLAIM Cypress Title of Naples,Inc. CONS 350000.00 /—....\ 9130 Galleria Court,Suite 327 AEC FEE 10.00 Naples,Florida 34109 DOC-.70 2450.00 Rota: File Number. 203-06 CYPAASS TITLI OF NAPLES INC 9130 CALLEAIA CT 1327 NAPLES FL 34109 General Warranty Deed Made this August 25,2006 A.D.By Walter Zerbini and Rosa A.Zerbini,husband and wife,whose address is:1320 23rd Street SW, Naples,Florida 34117,hereinafter called the grantor,to Roilan Perez,an unmarried man,whose post office address is: 1974 46th Street SW,Naples,Florida 34116,hereinafter called the grantee: (Whenever used herein the tam'grantor'and"grantee"include all the parties to this instnunent and the heir,legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Collier County,Florida,viz: Lot 7,Block 25,Golden Gate,Unit 2,according to thee. . - -.-,.f as recorded in Plat Book 5,Pages 65 through 77,of the Public Records of Collier County,Florida. ly A} Parcel ID Number.35748600009 �Joy� O�. v��' Together with all the tenements, •.■. . . Ion ing or in anywise appertaining. To Have and to Hold, the s.,. f. - . f, r — ,ti' And the grantor hereby covenants ' , .'d grantee that the 2,ep tor 1 seized of said land in fee simple;that the grantor has good right and lawful authority to *. • convey said land; -t e i ■.Q ereby fully warrants the title to said land and will defend the same against the lawful claims . 10} rsons whomsoever,an. •f�said land is free of all encumbrances except taxes accruing subsequent to December 31,2005. C In Witness Whereof, the said grantor has silo-t.,. ,{t, presents the day and year first above written. Signed,sealed and delivered in our presence: 6c wor 41 • • / (Seal) I`•rrtf�i•hum v'i sine Lauren E.Ba -. Address: 1320 23rd Street SW,Naples,Florida 34117 V —� 'eo sA �Zf (r5 t.s (seal) ��j� Rosa A.Zerbini wi !! •' ,, `Qod. _,� Address: 1320 23rd Street SW,Naples,Florida 34117 State of Flo : County of Collier The foregoing instrument was acknowledged before me this 25th day of August,2006,by Walter Zerbini and Rosa A.Zerbini,husband and wife,who is/are personally known to me or who has produced Driver's icense as identification. , 4a _ A ■sb_•_ ,a _ �rYFUi3UC STATE OF FLORIDA Notary Public auren E.Bartley \. Print Name: t Lauren E. Bartley Commission#DD454570 My Coen Expires: Expires: JULY 25, 2009 Bonded Thru Atlantic Bonding Co.,Inc. DEED Individual Warranty Deed-Legal on Face Closer'Choice E. s .;. _ :.5' YES E 'js �1•c: -# 'k lip. . .. ti ' .: 5 j 777 .3 �, v y . ^ TAY '.. �' .? f£' t . x ; :.:: ' ;'..' s rrrt;^w Sr -• iammilinallierihNalmi •• 1 f S C f .•y f is :' .x sir �.. � � �.:s:�'Y'..".'r �_j _µt�'k -, :. ,,. s:■ .•fix' ," :.. • i .. ) { Mgr .. ..": Xs� 1••ilia t; ri 5l 6 �{ ' .,, .. ,_ • .. tt. :. , :•• ,, -,..,.:•„..,-• ........-4m •A,z., „,....,..:::::,....„:.4f.• : ,,,,,:„;:y:::.,...1, .. , :•::,••:•• . c....0 1:,�. i! ' 4 ! �—S ��!' .:4:-...,:0-. ...:,.. ,.:: � a ,.:4-4.....4.. �p l k Y..; a y 4 i t f; `� s, «r. ii a, fS 1 i LZ .!!0'. i' . •• ...,. .... .:• • , ..• ... * .. :,....:. . -044t.4,.• amems........1.0...- -•••••::r ,3 w4 •. . i qr. r� e: ' f s• ..4. • 'V'.4. S y. • .w.''. SAWN.E. ::'i 'irZy':.::. .j �'j� • •. :..E r R ':.$ by = '. ...' ft •ii,. ...; ..:ii,...... • .. "its. ^ E :.t 4,•WA: : ! ii'. ::.E 0.i t•� e Y• t' II ; • I I Z r 1 m 1 n LI er, . I I Y• I---.1 Y 0 re (° z O �) °z .7�. I . I m I N h O O K O I cc t-- M U ` C' 4— O . .sa p `/ Ni 0 l Z ° 0 z t- O U Z IL o a v CO CC 2 O O v CC r 11 i I . m 1 m I I I ——J W m O F K . , .- "` .. A S AA } :.:.. ! • • 5 L 1 s :t � � » �.. .. a ;..yr_ }' .ff 'vi. :•ice . a�� ve € i' A. . Q Sls t I N 3 w .- oizi €. :.�:L= :;tom ,: =.:e.s:'.. jam,.: fir. "*=:.'r • S+ •c :. .:.....tea. - �' .. fir_ 7 - • — .!i? j :ii:ii:ii:/ - M0. r.f> 'ta' CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120044 NOV posted at property IMAGE DATE 12/5/2006 • 12,',J5):20,),312 SC ;71.;, Collier County Printed on 3/21/2007 3:00:03 PM CD-Plus for Windows 95/98/NT Page 1 itiiiiiiil �. dy i t T Si it:$ i „ • .1,-; ski.::• .V°:! .'Y=,Y a ':TF"`1i :.. ' V# .f' e1 Az i#64�: r,;,.Y.. .• R 1 4 :,y iii' Y F .'Si:•`'.., k:, cl V ,: i +. �` S iii,. .,y. 1 L S x d sl 7 'may ar3 + K,{5.. t..Y, x4 ,:" ` . it 4 x x .... .�.kg�~:.fit ;: ry Asa... F F 1.4 'v! W , .„. .. E3 r s 4 i{. :S ^ g "..'g Ow AR� 1 s ,' "a : s t: • ' ...• z litfl • . r , :x: x rIV 4 fx ..,. .....ik ...I. , 1,..,,,T., • . . . :. . . .,.... ...... .:. :. •,......:,,,,v,,,„:...._itio, , . t'x ... y s Yw .r�ax yL:j.: FiL re • '''''.•**';:'-...•':-!..'?:k VR'4R TI.:' ': K .• ;:::,,,:":-:;'4'_ y£' , i _ ::... '.9 ';'4'.."1:4.tip ��y 7 �'.,il � � .�'`+� 1 R t�. .�.{,�• .; .: '.,•a• .,..,y• s A : . a:K w 1 1 z \ �- 11, �( m I 0 e . I 1 ~ Y K m O 2 z Q D '�] 1 cC . .7�" I I m J� 1 . N M 0 O r M . t A _ 0 Z o w I- 0 U z /4 1- 7 V . Q V v m m O v O r re 1 m 1 I I ——J M z o o o i- r 7 p -• - - - , : y ' . il,-'- -L - ' ' : • '1 , ' ' ' : :' ' -::::' '' ' '': '' : ' '' .' l:::' * � a. a '• E • :: L• ■ • ; , . ,; .-s . :.: .� :. . ... : ... ..:...T ' .. 0 tl A.-t .4 .,•: ` .:4. .'.; ::':,r,tt;..,I';.. $ i L. yr+ - fs: - '' • f; :. �' j e, :�• : I,Y. q ..; -__ 7.• • • • m ai ° a �mo Q o -n o om 33 m? CO O ---__- yr Vj}3W N m O - Q' - � tsl i--I tsl N 7.Got 0 N.my.,. + t.7�t0 m P.- 3 3 13 m -.1 - c,s P. voc� a y Q Cr "' t3 i#1 c_'i 5 3 °-o N m w Cl - '� + t+ m a rt Q� = `� Z o N. 1:+0) aJ N n O NQ,W (4 °o O — 8A r3 303NwD cn W _ 0 Is ' s o y o y rrt O 0 a3 fit' 3cma3 z I:3 , a O w• m [r' ! co to to 1 'o. m co o O to 1'] m m o �+ m mW — ' ' 1'' mQom' ti-4 c _ p x 3 s - _ CO w m = = V)� -< a 8 9 v I n g Ca m m m 'w m .« $ a m v , 'SI) Q m = Ilk O t �' i a m In as '�1 \ C Y O Q a n S + %cZ th z p+- 0 w `a Q An 8 3 c 7. m I I �v N < O 0 a o .-1" ' - '� ■ m E l j ?I\ 0 g z c Da G° W ° wc., vas a m w 0 r 14 N O 1 W CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-37 vs. ROILAN PEREZ, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That ROILAN PEREZ is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1974 46`h St. S.W.,Naples,Florida,Folio 35748600009,more particularly described as Lot 7, Block 25,GOLDEN GATE,Unit 2,according to the plat thereof,as recorded in Plat Book, Pages 65 through 77,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 10.02.06(B)(1)(a)and Collier County Ordinance 05-70,The Collier County Code of Laws and Ordinances, Section 22,Article II, 103.11.1 and Section 106.1.2 in the following particulars: Interior and exterior conversion and non-permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(a)and Collier County Ordinance 05-70,The Collier County Code of Laws and Ordinances, Section 22,Article II, 103.11.1 and Section 106.1.2 be corrected in the following manner: 1. By securing the structure within 7 days(May 3,2007). 2. By obtaining Collier County building permits,all required inspections and Certificate of Occupancy for all non-permitted improvements within 60 days(June 25,2007)or by obtaining a Collier County demolition permit for all non-permitted improvements,regular inspections and certificate of completion within 45 days and restoring the structure to its original permitted single family dwelling within 45 days(June 11,2007). 3. This structure may not be inhabited until all violations have been abated. 4. That if the Respondent does not comply with paragraph I within 7 days(May 3,2007),then the County will secure the structure and charge the costs to the Respondent. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days (June 25,2007) for permitting the improvements or within 45 days(June 11,2007)for demolishing the improvements,then there will be a fine of$200 per day for each day that the violation continues past that date. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$366.67. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3� day of� ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 64z,4 Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ) day of - , 2007,y Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. zpik, CFIRK:7'^!A L URBANphls CRT�,�; 1,#DD 241717 � 0 '�`/ 1 '1l`��1 _) EXPIES . ;.e,nbsr22 2007 e� a �,�, NOTARY PUBLIC ery PuGic i,'nder»,i!nrs My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Roilan Perez, 1974 46th Street S.W.,Naples,Florida 34116 and to Roilan Perez,26 W. 13`h Street,Apt.2, Hialeah,FL 33010 this day of ,2007. /'_ LU:iiUA -Ii. ;aunty of COLLIER M.Jean Rawson,Esq. Florida Bar No. 750311 I HEREBY CERTIFY THAT this is a true an° Attorney for the Code Enforcement Board orrect Cc! '/ C1 t .�U'.?+ba^t: ;i file in 400 Fifth Avenue S.,Ste.300 3oard , ,^r-r iy i+ Y County Naples, Florida 34102 R.",r �r ',JiTNE;S s.. , ;':'a i;11,1 C`C:z s 1.rieJ 'ctiis (239)263-8206 or OW1: T E. BRQGK,CLERK OF COURTS TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Daisy Arrazcaeta CEB No. 2006-15 DEPT No. 2005100168 Request for Imposition of Fines ITEM • PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-8 Affidavit(s) 9 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-15 DEPT CASE NO.2005100168 P'cOLLIER COUNTY JOARD OF COUNTY COMMISSIONERS,Petitioner vs. Daisy Arrazcaeta,Respondent(s) NOTICE OF HEARING To: Daisy Arrazcaeta 2940 SW 114th Avenue Miami,FL 33165 Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No.05-55,you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,Naples,Florida 34112. The Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Attached are the Rules and Regulations (Attachment A), which govern the hearing and enforcement processes. The attached packet(Attachment B) will be presented to the Board by the County at the public hearing.You may provide the Board a defense packet. If you decide to do so,you must make fifteen(15)copies and have them delivered to Patti Petrulli, Code Enforcement, Community Development and Environmental Services, 2800 N. Horseshoe Dr., Naples, FL 34104 no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. Youmay 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. Y_. Bendisa Mar Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-15 DEPT CASE NO.2005100168 Board of County Commissioners vs. Daisy Arrazcaeta Violation(s) of Ordinance No. 2004-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(l)(d), 10.02.06(B)(1)(d)(i), and Florida Building Code,2001 edition, as amended by Ordinance 02-01, Section 104.1.1, and 106.1.2 Description: Conversion of garage into living space and addition of a window in garage without first obtaining required building permits Location: 4915 Cortez Circle,Naples, F1.34112 Folio#63103080003 Past Order(s): On March 23;2006,the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the �-. Board, OR 4009 PG 1129, for more information. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$17,300.00 See Below. The Respondent has complied with the CEB Orders as of November 20, 2006 Operational Costs of $272.96 have been paid Fines May 31, 2006-November 20,2006(173 days) at$100 per day $17,300.00 2 Retn: 3812237 OR: 4009 PG: 1126 CODE ENFORCEMENT/ S GARCIA RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEB 35.50 2800 N HORSESHOE DR 04/03/2006 at 09:41AN DWIGHT B. BROCK, CLERK n i NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-15 vs. DAISY ARRAZCAETA, Respondent FINDIN SIONS OF L/ANG . ' , CARD THIS CAUSE came on for public heajin: = ore the Board on March 2 201 and the Board,having heard testimony under oath,received evid ce, d hantr spectiveto appro 'ate 11•tters,thereupon issues its Findings of Fact,Conclusions of ,a d OlifeThfth,i9sard,ass f�;llows: IC, 0 'A• 1. That DAISY ARRAZCA :.r1 1 1*1 le CIS'! t pr.• 2. That the Code Enforcemen ��a has jurisdiction of a- so' o' ' 'espondent and that the Respondent,having been duly notifie.'l red at the public hearm_ .'.s ed into a Stipulation. 3. That the Respondent was notifie a e •f he• 'al . • mail and by posting. 4 v 4. That the real property located at 4915 Co - =, apI&,FL 34112,Folio Number 63103080003, more particularly described as the Southeast One-Half(1/2)of Lot 4,the Northwest One-Half(1/2)of Lot 5,and the North 3 feet of the Southeast One-Half(1/2)of Lot 5,Block 8,Naples South,Unit No. 1,according to the map or plat thereof,as recorded in Plat Book 4,pages 89 and 90, of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i)and Collier County Ordinance 02-01,the Florida Building Code,as amended by Collier County Ordinance 02-01,Sections 104.1.1 and 106.1.2 in the following particulars: Conversion of garage into living space without first obtaining required building permits and addition of a window in garage wall. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulations of the Parties, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80, it is hereby ORDERED: 3, OR: 4009 PG: 1127 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.06(BX1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i)and Collier County Ordinance 02-01, the Florida Building Code,as amended by Collier County Ordinance 02-01,Sections 104.1.1 and 106.1.2 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,if attainable,and all required inspections, Including the Certificate of Occupancy by May 31,2006; 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 31,2006„ then there will be a fine of$100 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case,currently $272.96. Any aggrieved party may appeal a final order o • Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal aril ..e y • <e novo,but shall be limited to appellate review of the record created within. Filin " _. s ard's Order. DONE AND ORDERED thi. #day of 143,..0.11 ,200. :Tt Co 'er County, Florida. C s 'E EIgFRCEM ' B4OARD ,a L t e_.. r LO A L 1 .at'«-Bam 2800 tirthH•rsesa trive Naple ' , •.,. 3. 1 STATE OF FLORIDA ) )SS: 7121E COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7 of of � �fj),k , 2006, erry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has •ro• ced a Florida Driv 's License as identification. • / NO `' P :LIC My commission expires: state of F LORIUA Donna L.Modugno youaty of COLLIER _� :Commission#DD234494 .:•-Expires:Aug t 8.2007 I HEREBY CERTIFY THAT this is a true aiidp` ondcd Tn� inc correct copy of a doct;m3n.on file in +- P, Allman Bond�nBCo.. Board Minutes c:�d ?"�-c cat Collier count, ^T-NESS my h::'.., • rt ^ial i seal this day of r� DW - T E. BROO C 1i;" F Cp RCS '_ • �!,.+ D.C. �. • OR, 4009 PG: 1128 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has en sent by U.S.Mail to U. S. Mail to Daisy Arrazcaeta,2940 SW 114th Avenue,Miami,FL 33165 this day of Ma i,- ,2006. M.Je wn so Es,Esq. q Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 n. �� 1 IIE C1v- 5. BOARD OF COUNTY COMMISSIONERS *** OR: 4009 PG: 1129 *** Collier County, Florida Petitioner, Vs. CEB NO. 2006-15 DEPT NO. 2005100168 Daisy Arrazcaeta Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daisy Arrazcaeta, on behalf of himself or N/A as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005100168 dated the 10th day of October, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is currently scheduled for 3/23/06; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) Th: : :ti0t noted in the refere ko el icji accurate and I stipulate to their . CJ ` A 2) The violations are that of sect on 1 goax+)a +)(a , 10.02. 6(13 1)(d), 10.02.06(B)(1)(dXi) of Ordinance 04-41 as amende a?J •44d, -,•' •i' 'lipid,- • edicon, Section104.1.1 and are described as converting a ara'•- int li in e•V fi st btaining a Collier County Building Permit ,n THEREFORE, it is agreed betwee •arties.that the��4,,:.1)( n�fiall; 1) Pay operational costs in the amoun 0-'741. _ r prosecution of this case. 2) violations s by:Abate all viola i "■- Shall obtain building permit and obtain Certificate of Occupancy by 5/31/06 or be fined $100 a day until violation is abated. 3) Res•- dent must notify Code Enforcement that the violation has been abated and request the I;. - •ator to come o ;nd perform a site inspection. ��'� / Ste%- If 11A,) Responde t / ichelle Arnold, Director —Z3 —OA, Code Enforcement Departmen 3 - Z3 - 0 (c, REV 2/23/06 6' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA • N (y }c, .'b CO O CD o C. 4-4. C. o - ccn z m BOARD OF COUNTY COMMISSIONERS, x x, COLLIER COUNTY,FLORIDA, cP 22 o d .P w z ti -' c, H p' Petitioner, CEB NO.2006-15 PC ▪ O as v ca 24 pa w c VS. CP w 0 CV 24 �o DAISY ARRAZCAETA, r r) o - Respondent o � N (0 / O to c.n d O N- C.L) w (+ c r% ORDER IMPOSING FINE/LIEN ,r C 0 o • N THIS CAUSE came on for public hearing before the Board on March 23, 2006, after due notice to a Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact Ft xC1 and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 27, 2006 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4009, PG 1126, ° , o • x o y et.seq.on April 3,2006. r CO 22 72 x An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on November a 22,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated March 27,2006,it is hereby ORDERED, that the Respondent, Daisy Arrazcaeta, pay to Collier County fines in the amount of $17,200.00 for the period May 31, 2006 through November 20, 2006 (172 days) at $100 per day. The operational try costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. 7. SI DONE AND ORDERED this ,� County,day of ,,,,_�. 2007 at Collier Coun Florida. i 4 CODE ENFORCEMENT BOARD COLLIE COUNTY,FLORIDA BY: --( ,,,,,„:vi-- Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) t `� The foregoing instrument was acknowledged before me this/ day of(`._' ytit,/ ,2007,by Sherry Barnett,Chair of the Code Enforcement Board of Collier County,Flori ,who is , pefsonally kno n to me or who has produced a FlgriOriver's License as identificatio in 0_,,k P.,.._ 04, / 2 ',,,tl,i�,, �o�ission�d�g 20�" NOT T�"PUBLIC " ,��• "�4': Aug My commission expires: _. <_V 1C Bonder lCo..tnc Y P• ;.,• o: Atlantic Boildin� n """" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER been sent by U. S.Mail to Daisy x Arrazcaeta,2940 SW 114th Avenue,Miami,FL 33165 this ,_ '% day of .,,,Q)Z��a p•.�,2007. CD mi /112.4a.vi ono,M.Jean on,Esq. .-d Florida Bar No. 750311 CI Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 cs+ Naples,Florida 34102 11_,, (239)263-8206 ° X- X- state of FLORIDA 'aunty of COLLIER I HEREBY CERTIF41771M141,1 LI ra true and correct copy of, s' r�,rtii€1el fn godrd Ar tC1� c X 5*G} r ±t by{[ t(/ a.t i iYt •:��4 ` �tY - .d a �4,4 i2LS Coady rrht EV3 r ....5.4 �.+'. ..Ji. : L'7Tt3 datJ /2 le ' E. Q -g,'"I:E'YOF-CCURTS Br A .4. ` " �: R.G. B. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-15 DEPT CASE NO. 2005100168 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Daisy Arrazcaeta,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Mario Bono, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on March 23rd,2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4009 PG 1126, et. seq. 2. That a re-inspection was performed on 11-20-06. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been ' " taken. FURTHER AFFIANT SAYETH NOT. Dated November, 22nd, 2006. COLLIER COUNTY,FLORIDA COD ORCEMENT BOARD M. •. :ono C a te_Enf4 cement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this Ns ti' , 22- ,2006 by . ;/ �ARNOI.D C. : MY COMMISSION k DD 206603 C.�rt.v" EXPIRES:JUIy 21,2007 (Pr t4 „.MN ?: r4' Name of Notary Public) ' Personally known I REV 2/23/2006 f. 71/Yd h r- exkie CODE ENFORCEMENT BOARD . ib &"‘/I, COLLIER COUNTY, FLORIDA j c',146 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA Petitioner, vs. CASE No. CEB -D 06 -/J �.l ci 'i cy AP /FZ1AETA Respondent(s) RESPONDENT'S REQUEST FOR REDUCTION/ABATEMENT OF FINES Respondent(s),: a I Si e,4 2(C�' pursuant to Article XII of the CEB Rules and Regulations,requests that�'he Code Enforcement Board grant the Respondent's Request for Reduction/Abatement of Fines, and in support thereof would state as follows: 1. Respondent(s)name and home address(no P.O. Box):el-4 C4 J')/ A R. i2 42 e a I re) .l"e4 Ati dd4z., 33/' ( 5✓ 2. Location of the property which is the subject of the violation(s): --/-/f/f 104, 3. Owner of the property: ,JCI..f ' A ' /Z 4 2 ' ez.-t-' 4. Respondent(s)was found to be in violation of the following Code provision(s) q3 V— X2/4 ‘b r /M. , ,J /7/e,c A hm 5. The violation(s)was for: 00 geoli / Sidi 6. The violation(s)was corrected on the following date: //1„:2- �C1 t1 6 /,/,,2' The corrective measures taken by Respondent(s) consisted of: Rie lie h.". ' 4 ,. /7,-, t., id,/ `7116:7 C'A'I ' Ofd 31-t.f Aic/., 4h w OR Respondent(s)was unable to correct the violation(s)because: (Attach documentation which shows efforts to abate the violation and why the violation cannot be corrected.) 7. The fines imposed should be reduced or abated because (state reasons): a L'i.�t h'6 i/ /444 u.!. 7'L 'ill? fr'47ei.teZtfiti 8. The following are other factors which should be considered by the Code Enforcement Board in granting a reduction/abatement of the fines: 7,-.....1 /4> Pi efei/44., iet iii, It Z 7/4,k "j:/k.Ti, e I.1'7,t'i,7 I 47144illit, 4!/' Qli. /A./''1/[t.- 441 1�. ,h&.t.,i,,...r 4./A5,JiLk 4,,Lel C�de4.- ?' la t . 10.411:, 4..1 >l-tr��' /4 11, 11./e .�> ; 9. The following documents are attached hereto: L)t'/ ., 7�j. , et' 1 Aige 44%./ge WHEREFORE,Respondent(s)hereby request that the Code Enforcement Board grant an Order Reducing/Abating Fines. �„ P , �V 40, �y�j cue Respondent( SAgnature(s)/ !ate , �{ t)C6 S'y A f 11-1 e e-j-K. Responde (s) s printed name(s) STATE OF FLORIDA) COUNTY OF COLLIER) SWORN TO AND SUBSCRIBED before me on this 1 day of I'g i: 200 -2 by 14 s y Are 4 z cvrt4 , who is personally known to me , or who has produced as identification. My commission expires: /Y '1� Notary P. • is r rp DARRYL PILLON y MY COMMISSION# DD 243387 CERTIFICATE OF SERVICE 14-0F 1‘,0% EXPIRES:November 15,2007 14300-3NOTARY FL Notary Discount Assoc.Co. I HEREBY CERTIFY that a true and correct copy of the Request for Reduction/Abatement of Fines(and 15 co es)were s d by re ar U.S. Mail, ostage prepaid, (or by hand delivery) on the.43 ay of d ie ,200 ,to the Secretary of the Code Enforcement Board 2800 N. Horseshoe Drive,Naples, Florida 34112. spa spondent • • • . r • r) Cr f1 0 ....< n aM. A o .,ter• °� c t; _ °� 0 CD NI ...CD 4 r, '.7 cl) co C' 4 r d CD ti 'r rt 'ti••' n y o ° o e� E • 77� 14---,,,. �„� G .▪ G `C 0 CD A "1 N CD '� ~ • y A ct� \ �''' �4 .... £, • ID tVi�+. A� (D W moo,. a rt n i 0 0 D a 1:' ''. 4\ • R ti., N rr - . a �` y c o r . f D ° b n , C• I a A M f ��} � R ' y R rt rt y C n rt ^ 0 N• ii WN x� ^^ W ■V m''-S NO W 0 w Oo r Ii CA 4. Ij' ,iI E < O Q W Cyr % 0 `7 to ow t w g0 O k.A 5 h O h � C' a • • 3:45. D-Plus- a ff,J X CI Addisumg/PW°0 I Code Enforcement I Perrieting I Dev Review'Cash Management 4r* Address Property Sub-Div Rental-Rep P;Permits Penn No. Status Permit Type Address Office I 2006051876 'APPLY J fBR2A use las CORTEZ CIA 1 J 0 APPflete I See Into I Bulking I At..Tables I Dabs*tl Update Into I Date Uses Date Uses Appication lualmos Expiation 11/27/2006 APeraYal r Eaended Exp.' Issued EN:d Real I I Cancel Fa-- co staii EVN E 72 a) 42/16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT APPLICATION PERMIT #: 2006054876 PERMIT TYPE: BR2A VALID #: 876 ISSUED: APPLIED DATE: 05-31-06 APPROVAL DATE: MASTER #: 2006054876 COA #: JOB ADDRESS: 4915 CORTEZ CIR JOB DESCRIPTION: CONVERT GARAGE TO GUEST RM & BATH W/ SHT JOB PHONE: (239) 659-5630 SUBDIVISION #: 1281 - Naples South Unit 1 BLOCK: 8 LOT: 4 FLOOD MAP: 0605 ZONE: AE-7 ELEVATION: FOLIO #: 0000063103080003 SECTION-TOWNSHIP-RANGE 18 50 26 OWNER INFORMATION: CONTRACTOR INFORMATION: ARRAZCAETA, DAISY 2940 SW 114TH AVE MIAMI, FL 0 331652112 CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 17, 000.00 TOTAL SQFT: 246 SETBACKS FRONT: 25.00 REAR: 25.00 LEFT: 7.50 RIGHT: 7.50 SEWER: SEPTIC WATER: WELL CONTACT NAME: M. CRUZ CONTACT PHONE: (239) 659-5630 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Pemmittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 CD-Plus Report Rev_Dept Rev_Status Rel_Remarks Due_Date BPRS PENDING EHDR COMPLETE Released By: POTTER_T REC'D N/A DTD 6/5/06 FEMA PENDING FPCS PENDING 1FCR PENDING PLTC COMPLETE Released By: ANGELTARPLEY PMTC COMPLETE Released By: LILLIANAPENZO Collier County Printed on :6/22/2006 2:24:30 PM CD-Plus for Windows 95/98/NT Page :1 ap.�� Patient Information Treating Provider Discharge Summary Kendall Regional Medical Center ARRAZCAETA,DAISY Jesus R Rivera MD Date:1212/06 Time:7:15:16 PM 2940 SW 114TH AVE 11750 Bird Drive Kendall Medical Center Phone:305-553-1060 Patient Copy 11750 Bird Drive Acct:K011201551 Phone:305-227-5544 Reg:K279265 1)Your Discharge Instructions: 2)Your Prescriptions: ASTHMA#Document 27(Spanish) Zithromax TRI-PAK Oral Tablet 500 Milligram 1 TABLET DAILY FOR 3 ACUTE BRONCHITIS#Document:7(Spanish) DAYS#3 TABLETS(0 Refills) NARCOTIC MEDICATION#Document:548(English) Medrol(Pak)Oral Tablet 4 Milligram DISPENSE WITH PACKAGE INSTRUCTIONS#1 (21 EA)DISP PACK(S)(0 Refills) Tussi-Organidin NR Oral Liquid 10-100 MG/5ML 1 TEASPOONFUL EVERY 4 TO 6 HOURS AS NEEDED.#125 ML(0 Refills) 3)You should Follow Up with: Follow Up Physician: Follow Up Information YOUR REGULAR PHYSICIAN, On 12/2/2006 this patient was treated in the Emergency Department of Kendall Medical Center at 11750 Bird Drive for Refer to Discharge list above. The patient was asked to follow up 2 Days. Phone: Fax: I understand that the emergency care which I received is not intended to be complete and definitive medical care and treatment I acknowledge that I have been instructed to contact the above physician immediately for continued and complete medical diagnosis,care and treatment EKG's,X-rays,and lab studies will be reviewed by appropriate specialists and I will be notified of significant discrepancies. I also understand that my signature authorizes this Medical Center to release all or any part of my medical record(including,if applicable,information pertaining to AIDS and/or HIV testing,mental health records,and drug and/or alcohol treatment)to the referred physician listed above. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT ?EMIT #: 2006054876 PERMIT TYPE: BR2A VALID #: 876 ESSUED: 09-18-06 APPLIED DATE: 05-31-06 APPROVAL DATE: 09-13-06 +!ASTER #: 2006054876 COA #: JOB ADDRESS: 4915 CORTEZ CIR JOB DESCRIPTION: CONVERT GARAGE TO GUEST RM & BATH W/ SHT JOB PHONE: (239)659-5630 SUBDIVISION #: 1281 - Naples South Unit 1 BLOCK: 8 LOT: 4 FLOOD MAP: 0605 ZONE: AE-7 ELEVATION: FOLIO #: 0000063103080003 SECTION-TOWNSHIP-RANGE 18 50 26 OWNER INFORMATION: CONTRACTOR INFORMATION: ARRAZCAETA, DAISY 2940 SW 114TH AVE MIAMI, FL 0 331652112 CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 17, 000.00 TOTAL SQFT: 246 SETBACKS FRONT: 25.00 REAR: 25.00 LEFT: 7.50 RIGHT: 7.50 SEWER: SEPTIC WATER: WELL CONTACT NAME: M. CRUZ CONTACT PHONE: (239) 659-5630 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Penmittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CDPR2020 CDPR2025 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: 2006054876 CO NBR: 335337 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: November 20, 2006 ADDRESS: 4915 CORTEZ CIR SUBDIVISION: 1281 Naples South Unit 1 LOT: 4 BLOCK: 8 T.R.S. : SLUC CODE: 1 UTILITY COMPANY: JOB DESC: CONVERT GARAGE TO GUEST RM & BATH W/ SHT NUMBER OF METERS: OWNER: ARRAZCAETA, DAISY 2940 SW 114TH AVE MIAMI FL 0 331652112 LEGAL DESCRIPTION NAPLES SOUTH UNIT 1 BLK 8 SE1/2 OF LOT 4 + NW1/2 OF LOT 5, N 3FT OF SE1/2 OF LOT 5 OR 1138 PG 1534 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. Collier County Board of County Commissioners Printed on: 12/15/200( 12:47:51PM CD-Plus for Windows 95/NT Page 1 of 1 FAX For: Pattie Petrulli Fax number: 239-403-2343 From: Daisy Arrazcaeta Fax number: 305-559-6380 Date: 07/11/2006 Regarding: Case No. CEB2006-15 Number of pages: 2 Comments: Daisy Arrazcaeta 2940 SW 114 Avenue Miami, FL 33165 Telephone: 786-412-9321 Fax: 305-559-6380 July 11, 2006 Attn: Pattie Petrulli Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 Ref: Case No. CEB2006-15 In June we went to Collier County to find out how the processing was going on the plans we submitted in May. The reason for the delay was because I was hospitalized in May. I could not come to Naples and get the paper work completed by the architect. Besides the problems we were able to send it May 30. We are asking you to take all this to account and understand that we can not pay$100.00 a day. Please review the plans we sent so that we may receive the permits. Keep in mind that we do not live in Naples. Feel free to call me at the number listed above if you have any questions. Thank you for your time. I am truly sorry for any inconvenience this may have caused. ■ ∎erely, I / , i Daisy ' , azc to ,l' FINANCIAL CORPORATION II II OF AMERICA Receivables Management.Collection Services. 400 East Anderson Lane Suite 300 Austin,Texas 78752 P.O.Box 16468 Austin,Texas 78761 FOR INQUIRIES PLEASE CALL LOCAL:512-719-7550 TOLL FREE:1-800-880-8282 September 18,2006 ACCOUNT IDENTIFICATION Re: Kendall Medical Center Daisy Arrazcaeta Reference Number : 14187312-17 2940 SW 114th Ave Account Number : 10552246 Miami,FL 33165-2112 Patient Name :Daisy Arrazcaeta Date of Service : 03-14-06 Balance Due • : $75.00 Responsible Party:Daisy Arrazcaeta Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof,this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice,this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor,if different from current creditor. *** Contact our office at one of the phone numbers listed above.*** Si necesita ayuda para traducir o leer esta notificacion,por favor llamenos inmediatamente para asistfrlo en espanol. This notice has been sent by a debt collection agency. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Detach and Return P.O. Box 16468 Account Number : 10552246 Austin, TX 78761-6468 Reference Number : 14187312-17 Balance Due :$75.00 Return Service Requested METHOD OF PAYMENT Amt: $ ❑ Visa ❑ M/C ❑ Discover ❑ AMEX Credit Card#: Exp.Date: Cardholder: Signature: 3 or 4 digit security code: PERSONAL& CONFIDENTIAL Daisy Arrazcaeta 2940 SW 114th Ave 17 Miami,FL 33165-2112 Financial Corporation of America P.O.Box 16468 I6d6 ,dII1I,.,I.61116J6 ,IIIJ. uhi H.i,n Austin,TX 78761-6468 IIiiiIIiiI•6iduIlmig11l11m6 1111uu6u6d6u6u6u1II.I L2N 003840A 1 857 000168 262 067200 Z-CRE 'l' FINANCIAL CORPORATION OF AMERICA Receivables Management.Collection Services. 400 East Anderson Lane Suite 300 Austin,Texas 78752 P.O.Box 16468 Austin,Texas 78761 FOR INQUIRIES PLEASE CALL LOCAL:512-719-7550 TOLL FREE:1-800-880-8282 September 18,2006 ACCOUNT IDENTIFICATION Re: Kendall Medical Center Daisy Arrazcaeta Reference Number : 14187327-17 2940 SW 114th Ave Account Number : 10627837 Miami,FL 33165-2112 Patient Name : Daisy Arrazcaeta Date of Service • : 04-11-06 Balance Due : $75.00 Responsible Party:Daisy Arrazcaeta Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice,this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor,if different from current creditor. *** Contact our office at one of the phone numbers listed above.*** Si necesita ayuda para traducir o leer esta notificaci6n,por favor llamenos inmediatamente para asistfrlo en espanol. This notice has been sent by a debt collection agency. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Detach and Return P.O. Box 16468 Account Number : 10627837 Austin, TX 78761-6468 Reference Number : 14187327-17 Balance Due :$75.00 Return Service Requested METHOD OF PAYMENT . Amt:$ ❑ Visa ❑ M/C ❑ Discover ❑ AMEX Credit Card#: Exp.Date: / / Cardholder: Signature: 3 or 4 digit security code: PERSONAL& CONFIDENTIAL Daisy Arrazcaeta 2940 SW 114th Ave 17 Miami,FL 33165-2112 Financial Corporation of America I.�Ih��Ih��II,II��hh��66u11��16d�1�6Jp��„I II P.O.Box 16468 Austin,TX 78761-6468 Ihu�IIuiIiI,,,hlh.�,,II,lIuuI,,I,II.,I.,6JI..I,,I��.II.I L2N 003841A 1 857 000169 262 067200 Z-CRE l' FINANCIAL CORPORATION OF AMERICA Receivables Management.Collection Services. 400 East Anderson Lane Suite 300 Austin,Texas 78752 P.O.Box 16468 Austin,Texas 78761 FOR INQUIRIES PLEASE CALL LOCAL:512-719-7550 TOLL FREE:1-800-880-8282 — September 18,2006 ACCOUNT IDENTIFICATION Re:Kendall Medical Center - Daisy Arrazcaeta Reference Number : 14187332-800 2940 SW 114th Ave Account Number : 10633766 Miami,FL 33165-2112 Patient Name :Daisy Arrazcaeta Date of Service : 04-13-06 Balance Due : $300.00 Responsible Party:Daisy Arrazcaeta Unless you notify this office within 30 days after receiving this notice that you dispute the valid.& of this debtor any portion thereof,this office will assume this debt is valid. If you notify this office in writing •'130 days om receiving this notice, this office will: obtain verification of the debt or obtain a copy of a judgmen. . 'd mail ys a copy of such judgment or verification. If you request this office in writing within 30 days after rece , , this otice, this office will provide you with the name and address of the original creditor, • different from curr.i editor. *** Contact our office at one of the phone numbers h ted ab I ye.*** Q Si necesita ayuda para traducir o leer esta notification,por favor llamenos inmetliatam- - s. a ..istirlo en espanol. This notice has been sent by a debt collection agency. This is an atte t to collet, : debt. Any information obtained will be used for that purpo . N. I Detach and Return---- -- P.O. Box 16468 Acduyat Number : 10633766 Austin, TX 78761-6468 'e(ergnce Number : 14187332-800 ` `� :alance Due :$300.00 � ' , Return Service Requested .4 1\..\ ETHOD OF PAYMENT Amt:$ ' ❑ Visa ❑ M/C ❑ Discover ❑ AMEX Credit Card#: Exp.Date: / / \ i Cardholder: Signature: 3 or 4 digit security code: PERSONAL&CONFIDENTIAL Daisy Arrazcaeta 2940 SW 114th Ave 800 Miami,FL 33165-2112 Financial Corporation of America InIInIIInnIIdlmldudIIudluIIluIIIIInIIImuhIl P.O.Box 16468 Austin,TX 78761-6468 II,iuIIiiIihui6IhiiiuII,Iliu dnIuII..IuInlluInIuJIJ L2N 003842A 1 857 000170 262 067200 Z-CRE CDPR2025 COWER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued persuant to the requirments of the Standard Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. P'or the following: BERMIT NBR: 2006054876 CO NBR: 335337 STATUS: ISSUED CO TYPE: COMP ISSUED DATE: November 20, 2006 ADDRESS: 4915 CORTEZ CIR SUBDIVISION_ 1281 Naples South Unit 1 LOT: 4 BLOCK: 8 T.R.S. : SLUC CODE: 1 UTILITY COMPANY: JOB DESC: CONVERT GARAGE TO GUEST RM & BATH W/ SHT NUMBER OF METERS! OWNER: ARRAZCAETA, DAISY 2940 SW 114TH AVE MIAMI FL 0 331652112 LEGAL DESCRIPTION NAPLES SOUTH UNIT 1 BLK 8' SE1/2 OF LOT 4 + NW1/2 OF LOT 5, N 3FT OF SE1/2 OF LOT 5 OR 1138 PG 1534 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. • Collier County Board of County Commissioners Printed on: 11/20/200E11:42:45AM CD-Plus for Windows 95/NT Page ' 1 of 1 100/100 'd 6919 55.t/ 66Z Xdd dnolos,awogzanbsvI A Mid 9Z:LO NOW/900Z/OZ/AON Nevada ACCOUNT NUMBER: 062760336 - 01 DUE DATE: 10/24/06 First Bank TOTAL AMOUNT DUE: 954 • 0 7 MINIMUM PAYMENT DUE: 38 . 16 Please check box if your address or phone number has changed. "I Note changes below. AMOUNT ENCLOSED: Make checks payable to: (Include Account Number on check) ARRAZCAETA,DAISY • 2940 SW 1014TH AVE NEVADA FIRST BANK MIAMI FL 32316 P.O.BOX 1663 • NEW YORK,NY 10008-1663 ■ ■ 787066 65828265906765698465 0000000000 06276033601 0003816 9 ACCOUNT PAST DUE DAYS IN BILLING CYCLE PAYMENT MINIMUM NUMBER AMOUNT BILLING CYCLE CLOSING DATE DUE DATE PAYMENT DUE 062760336 - 01 .00 00 10/03/06 10/24/06 38 . 16 DATE OF POSTING HOSPITAL ACCOUNT NUMBER HOSPITAL NAME,CHARGES,PAYMENTS AND CREDITS SINCE LAST STATEMENT AMOUNT 10/03/06 05105403595 NAPLES COMMUNITY HOSPITAL 954 . 07 7 r, n Vv r` ,..:- Gj PREVIOUS I FINANCE NEW BALANCE PAYMENTS CREDITS NEW ADVANCES OTHER CHARGES CHARGES BALANCE . 00 . 00 . 00 954 . 07 . 00 . 00 954 . 07 YOU MAY PAY BY CHECK, DEBIT OR CREDIT CARD USE ENCLOSED ENVELOPE&MAKE PAYMENTS TO: P.O.BOX 1663•New York,NY 10008-1663 CUSTOMER SERVICE&PAY BY PHONE: 1-888-334-4022 PAY VIA THE WEB: www.bankdatacenter.com SEND INQUIRIES TO: Data Center•P.O.BOX 927830•San Diego,CA 92192-7830 OCTOBER 03, 2006 1.Total Current Billing Cycle 2. Average ANNUAL PERCENTAGE RATE . 00 Advances/Charges Daily Balance OR("APR") 954 . 07 954 . 07 DAILY PERIODIC RATE • 000000000 OR("DPR") PRIVACY NOTICE: See reverse side for important information. Age/Sex: 50 F ARRAZCAETA,DAISY (ADM INo) Page: 2 Unit #: K279265 TCU-136-W Printed 10/28/06 at 1659 Account#: K011116455 Rivero,Homero MD Period ending 10/28/06 at 1659 Admitted: 10/27/06 at 1845 Kendall Regional Med Center DISCHARGE INSTRUCTIONS (Patient Copy) If unexpected weight gain/loss contact your health care provider. DIET (Unless othewise instructed) : Eat heart healthy-limit your salt, fat and your daily caloric intake. SYMPTOMS: If your symptoms worsen or if you have a problem or have questions. Please call your physician. If you cannot contact your physician, but feel your symptoms needs a DR's attention go to the nearest emergency room or call 911. ACTIVITY (Unless Otherwise Instructed) : Resume your activities within your level of tolerance. MEDICATION: Be sure you understand what medications you are to take when you go home. FOLLOW-UP: Call your health care provider for your follow up appointment. 'For Your Good Health' Instructions Reviewed with Patient/SO: ' Patient Signature: Date: • COLLIER COUNTY BCC EMS - FIRE 2705 SOUTH HORSESHOE DR AAAAA `AANEW ADDRESS'"* NAPLES, FL 34104 (239) 403-2360 Federal Tax ID: 59-6000558 Patient Name: DAISY ARRAZCAETA Patient Number: 262970765 Call Number: 0624364-1 Insurance: BC/BS OF FLA XJCH9715287801 Date Of Call: 04/28/2006 Call Time: 02:05 PM Caller: 911 . From Location: 4915 CORTEZ CIRCLE To Location: NAPLES COMMUNITY HOSPITAL DAISY ARRAZCAETA 2940 SW 1014TH AVE Reason(s) 786.50 MIAMI, FL 33165 For 796.2 Transport 787.02 995.2 DESCRIPTION OF CHARGES HCPC QUANTITY UNIT PRICE AMOUNT ALS NE AMBULANCE TRANSPORT A0426 1.0 575.00 575.00 AMBULANCE MILEAGE A0425 5.0 10.00 50.00 Total Charges 625.00 Total Credits 0.00 PLEASE PAY THIS AMOUNT=> $625.00 ^DETACH ALONG ABOVE LINE AND RETURN STUB WITH YOUR PAYMENT^ Amount Due:$625.00 Patient Name: ARRAZCAETA,DAISY Call Number: 0624364-1 Amount Patient Number: 262970765 Current Date: 09/18/2006 Enclosed$ We filed a claim with your insurance over 45 Days ago and have not received payment. Please follow-up with your insurance to see that this claim is processed promptly.Thank You. COLLIER COUNTY BCC EMS-FIRE 2705 SOUTH HORSESHOE DR NAPLES, FL 34104-6122 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2006-15 vs. DAISY ARRAZCAETA, Respondent / ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on March 23,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 27,2006 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4009,PG 1126, et. seq. on April 3,2006. Fines were issued in the amount of$17,200 on January 31,2007. An Affidavit of Compliance was filed with the Board by the Code Enforcement Official on November 22, 2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent appeared on April 26,2007 and requested a Reduction/Abatement of Fines. The Board having considered the following(a)the gravity of the violation; (b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(0 the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated March 27,2006, it is hereby ORDERED,that the Respondent,Daisy Arrazcaeta's Motion to Abate Fines is GRANTED. The Respondent,Daisy Arrazcaeta,owes no fines to Collier County. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 3 t7 day of Q ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: --G2 Asting, _ Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thick day of ,2007,by Sherry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓' personally •.41 tame or who has produced a Florida Driver's License as idenf ation.. CSTINA TARP PUBLIC etE MYCOMMISSION#pp My commission expires: EXPIRES:November 22, 00% 4Y„lt� Bonded Thm*WY Puppc Underwriters E OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Daisy Arrazcaeta,2940 SW 114th Avenue,Miami,FL 33165 this day of ,2007. Ci L V state or f WUi tt1A ✓. M :ounry of COLLIER M.Jean Ra on,Esq. Florida Bar No.750311 I HEREBY CERTIFY THAT this Is a true an Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 correct copy of a document on file to Naples,Florida 34102 Board Minutes ald lteetat.as,of Collier Count, (239)263-8206 Wilr''JESS m ha*nd an&, fficlsi seal this `tom day o!'-P-° ('t4fcc.,` - DWI T E; 3ROt,K, ERK Ot 'COURTS TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Calexico Inc CEB No. 2006-47 DEPT No. 2006050147 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8-9 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-47 '"-O' COLLIER COUNTY DEPT CASE NO.2006050147 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc,Respondent(s) NOTICE OF HEARING To: Calexico Inc, Osornio Santos(Registered Agent) P.O.Box 1909 Immokalee,Fl 34143 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 April 26, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail, Naples, Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet (Attachment A) will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation,the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. 7 - - - Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-47 DEPT CASE NO.2006050147 Board of County Commissioners vs. Calexico Inc., Osornio Santos(RA) Violation(s) Collier County Ordinance 2004-58, Sec.(s)16.1.A,1 B,1 E Description: Exterior walls in need of repair, unsecured window openings, and non weather tight roof. Location: 528 New Market Road E., Immokalee, F1.34142 Folio#0011610009 Past Order(s): On August 24, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4098 PG 2509, for more information. The Respondent has complied with the CEB Orders as of 12-04-06. RECOMMENDATION(S) An Order Imposing Lien in the amount of$11,600.00 has been issued on February 23, 2007. See the attached Order of the Board, OR 4193 PG 2043. Operational Costs of $316.27 have been paid. Fines of $11,600.00 $200.00 per day from 9-24-06— 11-22-06 (58 days). 2. Retn: IIYEROFFICE 3895490 OR: 4098 PG: 2509 Ru FBB 27.00 COLLIER COUIiM CODE BIIORCBIEI RECORDED in the OFFICIAL RECORDS of COLLIER CODIFY, IL SIIRLI! K GARCIA 09/01/2006 at 08:44AE DWIGHT I. BROCI, CLIRB 2800 I HORSESHOE DR CDIS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Osornio Santos,Registered Agent, Respondent / FIND 9 1C F t .L� SIONS OF t e`r°�" �r 1L,Mtr itOARD THIS CAUSE came on for public he 'n: • fore the Board on August 20..,and the Board,having heard testimony under oath,received evid nce,,nd earfre•. to : 1 appro 'ate afters,thereupon issues its Findings of Fact,Conclusions of w, . d Or er o e�eerd,as Ilows: elk is G Js',_ A •c 1. That Calexico,Inc.is the r,�1,► • e su•— •r• . ``` 2. That the Code Enforcement; . • has jurisdiction of : •n • . espondent and spo that the Respondent,having been duly notifi . . ed at the public h . . • ,i�e� -• into a Stipulation. 3. That the Respondent was notifi-• - .F • • _ • 1 -d mail and by posting. FIE CI 4. That the real property located at 528 Newm. • . •.• .,Immokalee,Florida, Folio Number 00116160009,more particularly described as(see attached legal)Public Records of Collier County,Florida,is in violation of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.1 B,and 16.1E, in the following particulars: Exterior walls in need of repair,unsecured window openings,and non-weather tight roof. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,and to the Stipulation of the parties,it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.1B,and 16.1E,be corrected in the following manner. 1. By obtaining a Collier County Building Permit within 30 days(September 23,2006)and by obtaining a certificate of completion within 60 days after the permit is issued. OR: 4098 PG: 2510 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 23, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$316.27. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of Oj, J ,2006 at Collier County, Florida. 0 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „4114,, •-..Barnett,Chair AV,R2E101,Araorseshoe Drive STATE OF FLORIDA ) � • 4104 )SS: ' COUNTY OF COLLIER) foregoing instrumen•was . r . .. .�/�-Y o u• f � � , 2006 Sheri Barnett,Chair of a CQi nfo em• B,,. .II •.r,'e ty, lorida,who is personally known to me . I h. r••u, e v s4i ense as identification. Dona,.y ,, co okso. ,,„s 1g 2001 ?�-L.c C, �`'�' �_6 ices��cd-mu lac NOTARY PUBLIC .,� • XQ go CO.. `� �c�gond'^$ �` commission expire C .. ;h , a • E I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.M,a.,OO,tp U.S. Ma to Calexico,Inc.,Osomio Santos,Reg.Agent, 190 S.3`d Street,Immokalee,FL 34143 this day of ,(� 1 ,2006. M.J •j� son,Esq. Flori ar No.750311 Attorney for the Code Enforcement Board St8 Ot FLORIDA 400 Fifth Avenue S.,Ste.300 :mow of COWER Naples,Florida 34102 (139)263-8206 I HERESY C''al;Y't11. Ts Ls a true and correct co r,oi: 1.';6s.:IA-JO , Eioard �n t ounty this �j days ie_ WI E. ; CO/ • i D.C. /1 BOARD OF COUNTY COMMISSIONERS *** OR: 4098 PG: 2511 *** Collier County, Florida ,---- Petitioner, Vs. CEB NO■2 rO- 1 050Q�;d, sa -+ S DEPT NO.aocxo 05-0 t 7 Respondent(s), STIPULATION/AGREEMENT O NOW, the undersiggned, t�SO e_ri; p s Sr v ,v-}-0 S , on behalf of himself or ES ow/lap 1 rAe_ 6 diO as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050147 dated the 23rd day of August 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 24th, 2006; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced • '. -tion are accurate and I stipulate to their existence. � � LI 2) The violations are that of secti• (st)J •.1.A, 16.1.B, 16.1. PT •flier County Ordinance 2004-58 and are described as Exteri•r -IF..•_ne • • -•.'r, uns cur-• window openings and non .---.. weathertighr roof I) THEREFOR - C - .E, it is agreed be -e� . ,,.•. ..-�-es•.• •�.- II, w 1) Pay operational costs in the r t of$,30. incur k. - ecution of this case. 2) Abate all violations by: Q,; Co 11;e,L , r6 u.;(d,'n q 'PQ ;4. c,,:-k ;r, 3 o acX4 tt'^`� Co `�� ' - - '�- i s �i1'ssc�e of --O 30-* Co . O t, 4- a. 1 n e, - '►`. a = it b I re.cose-cL � ; i t. ot0J 0 r. i %—'ct, a ac 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. -4211_12<edio.s-•---•-..— Caf,L,- Respondent -Far : Michelle Arnold, rector Code Enforcement Department REV 2/23/06 C n•, 7 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA '- - BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Osornio Santos,Registered Agent, Respondent Pel C-) / ORDER IMPOSING FINE/LIEN M THIS CAUSE came on for public hearing before the Board on August 24,2006,after due notice to ev a Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact • oaa V and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on August 29,2006 and o o furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2507, CPA O Pa a+ ° M et.seq.on September 1,2006. 11` An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on December o 0 4,2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. 70") ..c 4..+ Accordingly,it having been brought to the Board's attention that Respondents have complied with the ~ Ci o 1'7 0 Order dated August 29,2006, it is hereby a ° ORDERED,that the Respondent,Calexico,Inc.,pay to Collier County fines in the amount of $11,600.00 for the period September 24,2006 through November 22,2006 at$200 per day. The operational costs have been eG• ts. • O paid. .xma CM Ca O O " o .M Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of as ▪ E-. Cl] .-+ a m w o o a the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate NC 04 a review of the record created within. Filing an Appeal shall not stay the Board's Order. ..a ° a. as o w ..e c v e■I This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this ? day of . ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER '� CC�OUNTY,FLORIDA BY:„l d,�F"". eC n Sherri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: cr+ COUNTY OF COLLIER) N The foregoing instrument was acknowledged before me this, day of f'�� ,2007,by Sherri Barnett, Chair of the Code Enforcement Board of Collier County,Flo r,da,¶ho is / personally known to me or who has produced a Florida Driver's License as identificati in. I NOTARY PUBLIC Donna L.Modugno` YP�` : Commission#DD234494 My commission expires: 17*** ' •:e�Expires:•Aug 18,2007 CZ* 4TE.OF P�� Bonded Thru Atlantic Bonding Co..Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to this ORDER has been sent by U. S.Mail to U. S.Mail to Calexico,Inc., Osornio Santos,Reg.Agent, 190 S.3rd Street, Immokalee,FL 34143 this,T 5( day of /4. ,2007. /77/0- 7 M.Jean awson,Esq. FloridrBar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Styes FLO ; 'Naples,Florida 34102 ;minty of COWLS �'` ' � , T•(239)263-8206 HEREBY CERTIFY THAT h;s's a truce arid correct c^`` r•L .� �4�,. �,';.. „� X. irk ✓v JI 6J - •i-. •b e� X.A Ili Board i'r'G W. C 4 coRier Coigity .t Tfil E' 3 my DWIGHT E. COURTS By '` Qtr. 7. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006050147 DEPT CASE NO. 2006-47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner ,f vs. Calexico Inc Trust Estate Osornio,Santos,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 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 2337 PG 1654,et. seq. 2. That a re-inspection was performed on October 24,2006. n 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, 2006 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan Code Enforcement 0 icial STATE OF FLORIDA COUNTY OF COLLIER Sworn to .-aff• :d)a.. bscribed before me this Tuesday, October 24, 2006 by Thomas Keegan. (Signature •41 tar .Public) y ) = r��,�'ruhaa GARY P.DANTINI di-'91e-41 $€ = Commission#DD0175150 \�/V/ "y Expires 1/1/2007 (Print/Typ6/Stamp Commissioned 4 �2 �n�� (8pp.432.4254) Florida Notary Assn.,Inc. Name of Notary Public) 'ersonally known REV 3-14-05 g COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-47 .••••••••■ 0 DEPT CASE NO. 2006050147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc Trust Estate Osornio,Santos,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 24',2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 2337 PG 1654, et. seq. 2. That a re-inspection was performed on December 4, 2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. DatedDecember,4, 2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to r • - :-•)and s scribed before me this December,4,2006 by Thomas keegan. (Signa (44 4., . Public) • i _ ....1—r... / —1`i ,e I olu�i ki• GARY P.OANTINI (Printir pe/Stamp Commissioned f _: Commission It 000175190 Name . Notary Public) Expires 1/1/2007 ocw Bonded through Personally known I •°(gpp X324254) Florida da Notary Ann..Inc. REV 2/23/2006 9 (. S a 7 �„ ,„..„ .:,.' ' '''-' ' - - - -- . - - . _ . ,1' ! < ,'” . .. , r' r . �� f is i } x n ra Y ,r _: a i i ` r a I ' - X TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Dalila Grimaldo CEB No. 2006-37 DEPT No. 2005110467 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7-8 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-37 DEPT CASE NO.2005110461 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Dalila Grimaldo NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Dalila Grimaldo P. O. Box 1669 Immokalee,FL 34143 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on April 26,2007 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. 2006-37 DEPT CASE NO. 2005110461 Board of County Commissioners vs. Dalila Grimaldo Violation(s) of Collier County Ordinance 04-41, Section(s) 10.02.06(B)(1)(d), Florida Building Code 2001 Edition as amended by Ord.2002-01,sec. 104.1.1 Description: Improvement of property without necessary permits. Location: 320 West Main Street, Immokalee, F1.34142 Folio#60183800109 Past Order(s): On July 27, 2006,the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4081 PG 2960, for more information. The Respondent has not complied with the CEB Orders as of September 26, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$38,433.22. See Below. Order Item # 1; Order Item #2; Order Item #3; Order Item #4 not in compliance. Fines at a rate of$200.00 per day from 9/26/06 — 4/3/2007 (189 days) for the amount of $37,800.00. Fines continue to accrue. Order Item # 6 Operational Costs of $633.22 Z. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-37 vs' 3880370 OR: 4081 PG: 2960 DALILA GRIMALDO, RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL 08/02/2006 at 10:05AI DRIGHT E. BROCI, CLIII Respondent REC 21.00 Retn:IRTER OFFICE; S GIIRCIA COLLIER COURT' CODE IEFORCE 2800 R HORSESHOE DR CDBS BLDG MAPLES FL 34104 FINDIN <�aT�y;y��► ` ` USION OF ARD 0 w - THIS CAUSE came on for public hearm :: ore the Board on July 27, =i 16, . d the Board,having heard testimony under oath,received evidet'ice, -.1 • - • ctive to _1 appro 'ate :tters,thereupon issues its Findings of Fact,Conclusions of d Or 4Jhe :.ard,as •Ilows: t � t!JI .1. That Dalila Grimaldo is e • ..� �- 2. That the Code Enforcemen .. .d has jurisdiction of !_-J%: o `espondent and that the Respondent,having been duly notifi , :' to appear at the pub' . .zw 3. That the Respondent was notifi a. •f he: •• • d mail and by posting. 4. That the real property located at 320 W. -.C okalee,Florida, Folio Number 60183800109, more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(BXl)(D)and Collier County Ordinance 02-01,the Florida 2001 Building Code,section 104.1.1, in the following particulars: Improvement of property without necessary permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(BXl)(D)and Collier County Ordinance 02-01,the Florida 2001 Building Code,section 104.1.1,be corrected in the following manner: 1. By obtaining,if obtainable,all valid permits within 14 days(August 10,2006)and obtaining a Certificate of Occupancy within 60 days(September 25,2006). - — 3. OR: 4081 PG: 2961 2. In the alternative,by applying for a demolition permit within 7 days(August 3,2006)and removing the structure/improvement,including materials from the property within 30 days(August 26,2006). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 25, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 26„ 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing/ann Appeal shall not stay the Board's Order. DONE AND ORDERED this/ day of u_ ,2006 at Collier County, Florida. • ' NFORCEMENT BOARD jL ` � FLORIDA cp BY: .�� Richard Krae ,'4!_,Vice-Chair :i• • Ho -sho,Drive •STATE OF FLORIDA aples, orida 3 04 )SS: COUNTY OF COLLIER) C•N1 (CI The foregoing instrument . cknowl dged before m:? is �, 2006,by Richard Kraenbring,Vice i • + e Code nforce rd / • ier County, personally known to me or 'l' o has 'rodu :• a Flo - ra • ty' who is ense as identification. Donna L.Modugna 4/�; s�r'4:Commission#DD234494 NOT jist� t�^ i - 18.2007 •.` Expires:Aug • e_ Bonded Thn, My commission expires: Fwr Atlantic Bonding Co_Inc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h l*eyn sent U.S�Mail to U.S. Mail to Dalila Grimaldo,217 N.5th Street,Immokalee,Florida 34142 this (5/ day of�� 2006. ' Stare or FLORIDZ.1.22Voin,:tawny Of .1.1� Esq.1 HiaiBY CItTj AT this is 8 taus and Florida .750311 Attorney for the Code Enforcement Board correct com6deaWftent on file to 400 Fifth Avenue S.,Ste.300 Board Mhhttei and Rents of Collier Count) Naples,Florida 34102 E A a q Ofi'm al seal this (239)263-8206 CCERK OF CO�URTS ` • ( D.Q. • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Amoco BOARD OF COUNTY COMMISSIONERS, ° eni MCI COLLIER COUNTY,FLORIDA, 2 ✓ cz. c-aU4 MI od • GO Fl cra Petitioner, CEB NO.2006-37 ° o2me vs. ov°O DV c-a ba o DALILA GRIMALDO, N o Pi C3 CO C3 o C. w o � � d Respondent x CV F4 o r) (7 O ",O V1 {J \Ltl N b c=. cy. CFI — Y3 to ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 27, 2006, after due notice to 1-4 d Respondents at which time the Board heard testimony under oath,received evidence, and issued its Findings of Fact CD PV and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 31, 2006 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4081,PG 2960, o et.seq.on August 2,2006. ° r b f"a H r An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on January 12,2006,which Affidavit certified under oath that the required corrective action has not been taken as ordered. o Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated July 31,2006,it is hereby I' ORDERED,that the Respondent,Dalia Grimaldo,pay to Collier County fines in the amount of $21,600.00 � for the period September 26, 2006 through January 12, 2007 (108 days) at $200 per day, plus $633.22 for the ° operational costs,for a total of$22,233.22. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. 7l St- DONE AND ORDERED this J/ day of ),,, ,,,r ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 1:. Ea.......istf Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) "7 The foregoing instrument was acknowledged before me thiss,-.2)/day of ? )„Li2rL ,2007,by Sherry Barnett, Chair of the Code Enforcement Board of Collier County,Flori a;1who is V perhonally known to me or who has produced a Florida Driver's License as identificatio . i „. C. - ,0/--4< (--- //V/ f DQ - NOTARY PUBLIC `a��' !� ;Commission#pl)234007 My commission expires:• «'Expires:Aug i X007 N. ti?:o; gonded nil - aF ,°�" Atlantic Bonding � ins CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to this ''E ORDER has been sn by U. S.Mail to U. S.Mail to Dalila Grimaldo,217 N.5th Street,Immokalee,Florida 34142 this ..' / day of _ f r , 007. C7 M.Je Dawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board I - 400 Fifth Avenue S.,Ste.300 c.r Naples,Florida 34102 ° 0 • (239)263-8206 x. x- store of FLORIDA ,..,.... "many of COW .: � 1$ H E D¢ 15' s" ` *s,!tk t .,.t f,. „t C orrcct n t ,> at 7 z w ry v fy r n ii,y R •J�tivi °-'1St1 • .�fy4�'� [F\.o M'-W0 l}y M• .I`.fl COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-37 DEPT CASE NO. 2005110461 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Grimaldo,Dalila,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 11`11,2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 2881 PG 1733,et. seq. 2. That a re-inspection was performed on January 11th, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated January, 12th, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S •jaffirme9 . d subsik•ed be .re me this 12th Day of January, 2007 by Thomas Keegan. is ature of Notary Public) ,s"; Linda C. Wolfe ,. k.Commission#DD273407 .a :_=Expires:Dec 07,2007 (PrintlType/Stamp Commissioned OFF``" Bonded T ru �,"'' Atlantic Bonding Co.,Inc. Name of Notary Public) personally known Ai REV 2/23/2006 .7 COLLIER COUNTY,FLORIDA >� CODE ENFORCEMENT BOARD `�f CEB CASE NO.2006-37 DEPT CASE NO. 2005110461 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Dalila Grimaldo,Defendant(s) Corrected AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 276,2006, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4081 PG 2960, et. seq. 2. That a re-inspection was performed on March 26th,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Affidavit of compliance dated December 5`h, 2006 was led in error. ,� (The respondent has not obtained valid permits within 14 days by August 10th, 2006 nor obtained a Certificate of Completion within 60 days by September 25`h, 2006 nor has the respondent applied for or obtained a demolition permit within 7 days by August 3rd 2006, the structure/improvements still exist on the property. The respondent is still in violation, only the roof of structure has been removed, unpermitted shell remains and no demolition permit was neither applied for nor obtained) FURTHER AFFIANT SAYETH NOT. Dated March 26s',2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keeg Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t• (or affirmed) and subscribed before me this March 26th,2007 by Thomas Keegan. Si attire of Notary •i . ic) NOTARY PUBLIC-STATE OF FLORIDA ''= K. A. Van Sickle (Print/Type/Stamp Commissioned , `rori Commission#DD618488 Name of Notary Public) Expires: NOV. 29,2010 BONDED THRU AT:Jo: 2,ND i\GCO.,INC. REV 3-14-05 ' °24 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-37 vs. DALILA GRIMALDO, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 27,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 31,2006 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4081,PG 2960, et. seq.on August 2,2006. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on March 26,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated July 31,2006, it is hereby ORDERED,that the Respondent,Dalia Grimaldo,pay to Collier County fines in the amount of $37,800 for the period September 26,2006 through April 3,2007(189 days)at$200 per day,plus$633.22 for the operational costs, for a total of$38,433.22. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 3vd day of ClittY,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of -C;A ,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is mall _known • me or who has produced a Florida Driver's License as identification. NOTARY 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. Mail to this ORDER has been sent by U. S.Mail to U. S. Mail to Dalila Grimaldo,P. O. Box 1669,Immokalee,Florida 34143 this day of ,2007. M.Jean Rawson,Esq. State 01 F L.OHii* Florida 13ar No. 750311 . :.Lr ou11ty of COWER Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 I HEREBY CE1TI t TI AT th r Is a true end Naples,Florida 34102 correct ctapy of a aocurtient vn file to (239)263-8206 Board Mr'nutc1 and l?c o'er 4f Collier County WITNESS ry,y hrya ana of36 a1 al this day"6f � ' '-.�' OW T E. BRO ,;CLERK OF COURTS �'� D.C. • 'l., ><.rte ., - ..'•; � - r:'L •v` • � rc. • .......... ,s .. '.y •n7;`-'.,. ::''.?y:.::..:'�is r 1 . A • n. , • .. .. „.- ..a .. 1: :.• •• ..: 4 .• .... ( .::::•-•• •• t.. a ,.. . . .. ,... _. • �r 3 •• rr, - .,}_ x • • '''.."•:,:•:..:••„.-;::•z t „•x' ..;. x }" v tx ti c r -. t ..r -.. .�. . .:... .. a ..�:::'„ - :.f.: - ^d.. F ';,W :,. , • t iJ a r 1? ,r- 4 t TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Robert and Cristina Ferris CEB No. 2007-07 DEPT No. 2006040210 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S)1 Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-4 5 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-07 DEPT CASE NO.2006040210 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert and Cristina Ferris NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Robert and Cristina Ferris 7804 Stratford Drive Naples,Fl 34104 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board on April 26,2007 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. 2007-07 DEPT CASE NO. 2006040210 Board of County Commissioners vs. Robert and Cristina Ferris Violation(s) Collier County Ordinance(s) 04-41, as amended sec.(s) 10.02.06(B)(1)(a), 106.1.2, 105.1, 105.7, and sec 111.1 Description: Conversion of existing garage to office space without County permits. Location: 7804 Stratford Dr,Naples, FL Folio#73593500442 Past Order(s): On January 25, 2007,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 4178 PG 1532, for more information. The Respondent has complied with the CEB Orders as of March 30, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 977.90. See Below. Order Item # 1 Fines at a rate of$ 50 per day from 3/23/2007 — 3/30/3/2007 (7 days) for the amount of $350.00. Order Item #5 Operational Costs of $627.90 2. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA z N to c=, o t+ e+ tea Ul 10 BOARD OF COUNTY COMMISSIONERS, r: o COLLIER COUNTY,FLORIDA, y ,, W 2 m Petitioner, CEB NO. d 0 ea 0 t—a bet .2007-07 o 0 vs. ROBERT&CRISTINA FERRIS, � � � o o � w o 0 eta O Respondents 1-1 / O w N t=, \ O 'k. Vl ty \ hV' N d FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD • rn O Ev THIS CAUSE came on for public hearing before the Board on January 25,2007,and the Board,having heard c r testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its o CD Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 0 10 y FINDINGS OF FACT 1. That ROBERT AND CRISTINA FERRIS are the owners of the subject property. mo 7D M n n 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the r r 4"—a Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by.certified mail and by posting. K ti 4. That the real property located at 7804 Stratford Dr.,Naples,Florida Folio Number 73593500442 more particularly described as Lot 15,Block D,Shores at Berkshire Lakes,Phase Two-A,according to the Plat recorded in Plat Book 32,page 60,as recorded in the Public Records of Collier County is in violation of Collier County tti Ordinance 04-41,the Land Development Code,as amended,sections 1 0.02.06 B 2 a and 10.02.06(B)(2)(d)(ix) 2 and Collier County Ordinance 2004-58,the Housing Code,section 16 ( )( )( ) ( )(j),in the following particulars: Erection of sign without proper County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,the Housing Code, section I6(2)(j),have been partially abated as the permits have been obtained. The violations shall be corrected as follows: 1. By obtaining the Certificate of Completion within 60 days(March 22,2007) 2. That if the Respondents do not comply with paragraph 1 within 60 days(March 22,2007),then there �'� will be a fine of$50 per day for each day that the violation continues past that date. n, 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case. 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 ,X71 day of 'I, 007 at Collier County, Florida. / 4 CODE E ORCEMENT BOARD COLLIER COUNTY,FLORIDA ......L -6/2..4.410-- Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,, day of /n/7 p e g , 2007,by Sheri Barnett,Chair of the Code Enforcem Board of Collier County,Fl rida,who is, �..� ,, personally known to me or who hasproduped a Florida Dri -dr's License as identification. pj 00134494 i O" _ on D p2CO. _ // e, t , �r1 � t 711—V1 k X- 44'4', Com es:AoD' EIpit red Q'u Mc NOTARY PUBLIC CD• . :P: tic�pR d' My commission expires: -- -N F '/l,l,,os CERTIFICATE OF SERVICE j•—+. I HEREBY CERTIFY that a true and correct copy of this ORDER has been-sent by U. S.Mail to Robert and Cristina Ferris, 7804 Stratford Drive,Naples,Florida 34104 this k.,�/ day of" �iu��-�q ,2007. CI M.Jean wson,Esq. CA-1 Florida Bar No. 750311 ,E Attorney for the Code Enforcement Board 'e- 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 Elrig of F LOF WA (239)263-8206 minty of COLLIER • I HEREBY CER IF]HT a�hi1,ip a true and correct coy F-,, 3_ , -� �:11 ltt Board 7tS4f_y Et.•'t"' dr,.'2; S F•yC l .stA. c+S ,..:su,i f `« .=ice. ty WITimEw�3 my haft: ; ,�t 3 ,16€d3 WI H E. ERO�•- `, 1.1LERK AIP CC` .�.4 e't.'� w a. 4I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-07 DEPT CASE NO. 2006040210 COLLIER COUNTY BOARD OF COUNTY COMNIISSIONERS,Petitioner vs. Robert and Cristina Ferris,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 1-25-07, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1532,et. seq. 2. That the respondent a contact the investigator. 3. That a re-inspection was performed on 3-30-07. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 3-30-07. FURTHER AFFIANT SAYETH NOT. Dated March 30th,2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 1(14/1,„(144 Joe M ha Code nforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo .r affirm`,,... .-. before me this March 30th, 2007 by Joe Mucha. „„„OfWis (Signature of Notary Public) NOTARYPtJBUc.STATE OFFLO�A Delicia Pulse (Print/Type/Stamp Commissioned = '��%,Commission#DD629723 Name of Notary Public) usBoxvD •• JAN 16,2011 NT BONDING CO.,INC, Personally known Rev 2/5/07 5, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-07 vs. ROBERT&CRISTINA FERRIS, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 25,2007,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 31,2007 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4178,PG 1532, et. seq. on February 5,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on March 30, 2007,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 January 31,2007,it is hereby ORDERED,that the Respondents, Robert and Cristina Ferris,pay to Collier County no fines,but pay $627.90 for the operational costs. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 3 vLIday of Ciottj,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER�COUNTY,FLORIDA BY: ..,�.�iihss� w Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thig9:5ay of ` ,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally n to-r or liAlk.4 tuatxr lr err License as identification. s� • z MY COMMISSION#DD 241717 EXPIRE:Noverptu22,d,L0.7rs Rte"' NOTARY 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.Mail to this ORDER has been sent by U. S. Mail to U. S.Mail to Robert and Cristina Ferris,7804 Stratford Drive,Naples, Florida 34104 this day of ,2007. M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 Oi tOrt1UA ;ounty of COLLIER I HEREBY CERTIFY THAT this Is a true an0 correct copy of a document on file in Board Minutes and Recores of Collier County WITNESS my Kano and of 'ciateseal this day of s; . OW T E. BROC CLERI(OP COU Page 1 of 8 From: arnold m To: realtyglobal @aol.com; lisngeorge565 @earthlink.net;naplesproperties @comcast.net; Jean Rawson; Jerry Morgan; Kenneth Kelly; Larry Dean; Lionel L'Esperance; Richard Kraenbring; Sheri Barnett Cc: MarkuBendisa; KeeganThomas Date: 4/20/2007 8:29:28 AM Subject: FW: FROM: Marlene Santilli RE: Code case#2006070511 Code Enforcement Board Members: The email below is being sent as documentation to the Imposition of Fines case that you will be considering on April 26th. Ms. Santilli advised me that she would be available for a conference call for the hearing but she has now stated below that she has a prior commitment and will not be available. Ms. Santilli's request is to have all fines abated. Michelle Edwards Arnold Code Enforcement birector From: Ava Aubrey [mailto:avaaubrey @ yahoo.com] Sent:Thursday,April 19, 2007 2:36 PM To: arnold_m Cc: SchmittJoseph; Rene Vazquez; mailboxassist @yahoo.com; santillm @hotmail.com Subject: FROM: Marlene Santilli RE: Code case # 2006070511 Hello Michelle, Your email summarizes your points and your plans, but eliminates me from our last conversation. With the removal of the last boat. my property was clear of the dumped boats and vehicles as of Friday, April 6th. So any and all code issues with my property are now resolved. Is this correct? All that remains is the issue of fees and fines imposed by your department. Whereby I insist these charges are undeserved and should be removed, and my case closed pending no further action. Is this correct? I have said to you repeatedly that I was not notified of the committee's decision nor pending fees. I never received any word, call, email or letter about the decision to impose fines after 30 days. Any and all mail, even comparatively insignificant correspondence from your department has arrived by registered mail. Yet this most serious of correspondence, somehow deserved regular mail? I am more apt to believe it was simply never sent, yet another oversight in communication. I think it unfair and ridiculous to claim that because your letter wasn't returned by the post office, you say this proves I received it. To this 1 just shake my head, all words fail in defending the truth. I have told you repeatedly I am willing to accept Tom/your email with the letter attached as notice. My property was cleared well within 30 days of said emails even without knowledge of prior notice! And what does this tell us; that there should never have been a committee hearing to begin with. I have shared convincing reason and fact that there was no point served in going before committee. file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF9IB85-5CA1-48A1-9CD... 4/23/2007 Page 8 of 8 Off. Eric Grundeman #1842 phone 239-793-9;00 refer to case no. 07-6040 Now, beyond these arrangements, this is what I require from YOU/CCCE: 1) 1 need access to the historical archive for the online aerial photographs for said lot. 2) 1 need a provider or procedure for removing vehicles that are not titled in my name. I need your help; we citizens depend on your knowledge and expertise to jointly rectify the wrongs, not just report them. Regrettably I have been largely left on my own to try to 'figure this out', and this too has seriously contributed to the difficulties and extended time span that has transpired. Sincerely, Marlene Santini PS. There are also two 3-wheeler dirt vehicles on the property, per the police. Marlene J. Santini<mailboxassist @yahoo.com>wrote: From: marlene santilli [mailto:santillim @hotmail.com] Sent: Wednesday, September 27, 2006 5:02 PM To: KeeganThomas Cc: SykoraCarol Subject: code case 2006070511 Mr Keegan, My representative flew to Florida to investigate the dumping on my property. We involved and met with the police on 09-08 at the property. The vehicles and boats cannot be touched until the police have finished their inspection. The area is very flooded, making access and removal difficult. I expect to know more this week. Please extend your date to allow for the correct handling of this vandalous act. Thank you. Marlene Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 Page 6 of 8 Marlene J. Santilli<mailboxassist@yahoo.com>wrote: From: "marlene santilli" <santillim @hotmail.com> To: MichelleArnold @colliergov.net Subject: Just a comment. RE: code case 2006070511 Date:Thu, 15 Mar 2007 20:11:13 -0700 I Ii Michelle, I wanted to mention as an aside, that I think it perhaps necessary to address the vehicles on my property as "illegally dumped vehicles rather than calling it "litter'. The difference speaks volumes, about me as an owner and in regard to my efforts with your department. I just wanted to share this insight with you, as it stems from my dealing with your people in situations in which you were not privy. We have come a long way from when I was blamed for them being there. Thankfully. Regards, Marlene arnold m <MicheleArnold@coiiergov.net>wrote: Subject: RE: code case 2006070511 Date: Thu, 15 Mar 2007 11:30:33-0400 From: "arnold_m"<MichelleArnold @ colliergov.net> To: "Executive Assistant" <mailboxassist @yahoo.com>, <santillim©hotmail.com> CC: "scribnerdavid" <DavidScribner©colliergov.net> Ms. Santilli, As promised I reviewed the email history for your case relating to the litter on your property. My review revealed the following: Date email sent from Code Subject Action taken August 10, 2006 Keegan send email to you responding Compliance extension to your request for an extension of granted. time. August 23, 2006 Keegan replied to your email date 8/15/06 and 8/22/06. August 25, 2006 Keegan replied to your email dated 8/24/06. September 29, 2006 Response to another request fo r c Compliance extension ompliance extension. granted. October 19, 2006 Keegan responded to your email dated Requesting response from September 27, 2006 requesting anothe Santilli with compliance date. r c ompliance extension. Additionally you indicated that you would get back As far as I can see no to him with information on the sheriff response was sent to the investigation within a week. Request investigator regarding this from Keegan for you to advise when inquiry. you thought the violation would be abated. February 27, 2007 Keegan responded to your email dated Sent you name of individual 2/21/07 demanding information from that may be of assistance. Code. file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 Page 5 of 8 Keegan Thomas <ThomasKeegan @colliergov.net>wrote: From: "KeeganThomas" <ThomasKeegan @colliergov.net> To: mailboxassist @yahoo.com cc: "arnold_m" MichelleArnold @colliergov.net Subject: Code Case# 2006070511 Date: Tue, 27 Mar 2007 14:11:08 -0400 Ms. Santilli, as per our conversation you should of received the findings of fact from the hearing by regular mail. It stated that all vehicles be removed from the property within 30 days of the hearing ( March 25th,2007)or a fine of$50.00 a day will be imposed until the violation is abated. As per our other conversation we had with my supervisor you erer also told that before the case was heard. Thanks, Thomas Keegan ********************************************************************************** I am inserting a note here to clarify Thomas's remark above that I had `been told', a claim you have repeated. Days prior to the first hearing, on speaker phone with Thomas and Patti Petrulli, they gave a sketchy overview of the hearing process and possible outcomes, ranging from time extensions to the possibility of fines. If in this explanation they claim to have already given me notice, then why did you need to involve the committee at all? Telling me what the committee could do, is obviously NOT the same as telling me the committee's decision. When I received Tom's email below, which was my first clue, and the only notice, that I was already being fined, Thomas could not tell me what date or amount of fine was being calculated in his warning "fines will accrue". Tom didn't know. Instead of using what little he knew as a brandishing iron, a warning to make matters worse, I would have been better served by a heads-up, a similarly brief warning that the 30 days were about to expire! Nonetheless, the point is /was not notified. But you and your staff have rewritten history to put all burden on me. And I have experienced this often enough, other instances of this same changing-of-fact-by-retrospect that you and your staff employ to cover inconsistencies and items lost or undone so as to maintain your position of authority. And when you go in this defensive mode, it is always punctuated with threat of worsening penalties. But by your efforts to cover your act, you don't fix what's needed and you don't serve community, as you should. Instead you create in citizens a level of frustration, tension, and dread of what is next, as email below did to me. ********************************************************************************** The following email is when I first learned I was being fined. (the words highlighted in red below) ********************************************************************************* Keegan Thomas <ThomasKeegan @colliergov.net>wrote: From: "KeeganThomas" <ThomasKeegan @colliergov.net> To: mailboxassist @yahoo.com cc: "arnold_m" MichelleArnold @colliergov.net Subject: Code Case# 2006070511 Date: Mon, 26 Mar 2007 15:43:10 -0400 Ms. Santili, I made a site visit to your property today and observed that the two cars and one boat has been removed. However one boat remains and that will still make you in in violation and fines will accrue until the boat is removed from the property. If you have any further questions please call me at 239-403-2483. Thank you, Thomas Keegan ********************************************************************************* file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 Page 4 of 8 To:amold_m<MichelleAmold @colliergov.net> CC:Ave Aubrey<avaaubrey©yahoo.com>, Executive Assistant<mailboxassist©yahoo.com>, Rene Vazquez<revazque@yahoo.com> Hello Michelle, Thank you for this email. I did not recieve any call back from you. I left you messages repeatedly the last several days. It is important that we talk. Please make certain you have my correct contact information: telephone /voicemail messages 510-770-1022 And please respect our agreement to email me at all three email addresses: mailboxassist @yahoo.com, avaaubrey @yahoo.com, revazque @yahoo.com This was to put an end to the series of misdirected, miscommunicated, mishandled communication I have been subjected to by your department. And it apparently continues. Now there is another important piece of information (mail) I was suppose to have received? I will discuss this and the other issues I had called you to talk about, in a later email. I don't have the time to compose the letter right now, but this is frustrating to say the least. And just more of the same. I will not be in the office Friday, but will resume calling you on Monday. I hope you find the time to take my call. Perhaps we should make a phone appointment. I think so. Thank you, Marlene arnold m <MichelleArnold@coiiergov.net>wrote: Subject: RE: Code case # 2006070511 Date: Wed, 28 Mar 2007 17:31:44 -0400 From: "arnold_m" <MichelleArnold@colliergov.net> To: "KeeganThomas" <ThomasKeegan @colliergov.net>, mailboxassist @yahoo.com Ms. Santilli, Sorry we keep missing each other. I have attached a copy of the Order that was entered into by the Code Enforcement Board. As I indicated in my phone message to you, there was no return mail indicating you had not received this information. I have also attached the Rules and Regulations for the Code Board process. You can find information on how to request a reduction of fines on page 8 of that document. The Code Board will be presented with this information is sent to us and they will make a determination whether or not to accept, reject or modify the request. «Order and Rules&Regulations.pdf» Michelle Edwards Arnold Code Enforcement Director Attachments: ,./Order_and_Rules_Regulations.pdf(720k) file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 Page 3 of 8 The attached emails below are included in this letter, one contains my comments for more explanation. To read my comments. and the email that first notified me of any fines, please page down to red text. cx: J McD esq. arnold m <MichelleArnold @colliergov.net>wrote: Subject: RE: Code case#2006070511 Marlene Santilli Date: Mon, 16 Apr 2007 14:01:23-0400 From: "amold_m" <MichelleAmold©colliergov.net> To: "Ava Aubrey"<avaaubrey @yahoo.com> CC: <revazque@yahoo.com> This email is to confirm that a call was made to you to explain that we have already verified compliance prior to this notice and completed an affidavit of compliance. However, the date of compliance was modified from April 10th to April 6th. Also certifying that an explanation was provided to you on the imposition of fine process in which you will have an opportunity to appeal to the Code Enforcement Board and provide information as to what mitigating circumstance prevented you from complying timely. As noted, you will be sending a written letter explaining the mitigating circumstances and I will be calling you during the meeting so that you can speak with the Code Enforcement Board. I will also be looking into the potential mitigation of the operational costs and getting back with you with a response prior to the hearing. Michelle Edwards Arnold Code Enforcement Director Ave Aubrey<avaaubrey@yahoo.com>wrote: Date: Mon, 16 Apr 2007 07:45:16-0700 (PDT) From: Ava Aubrey<avaaubrey©yahoo.com> Subject: RE: Code case#2006070511 Marlene Santilli To: MichelleAmold©colliergov.net CC: Ava Aubrey<avaaubrey @yahoo.com>, revazque©yahoo.com Hello Michelle, It's been 2 weeks, I still have not heard back from you. Please call me. Please be advised that the last boat was removed from the property on Good Friday. So as of April 6, 2007 the property is all cleared. This action concludes this case. Marlene Santilli tel/fax 510.770.1022 Marlene J. Santilli<mailboxassist@yahoo.com>wrote: Date: Fri,30 Mar 2007 04:14:41 -0700(PDT) From: Executive Assistant<mailboxassist @yahoo.com> Subject:RE:Code case#2006070511 file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 Page 2 of 8 Neither in February, and certainly not forthcoming (April 26th). For what gain are you expending these resources? And after-the-fact you inform me that you expect me to pay for these hearings too?! Again, no forewarning, no courtesy of laying the groundwork by which I could comply to avoid fees. The only reason my case went to committee, is because of failed communication, again on the part of your staff. This time an email went missing, and Thomas chose to go to committee rather than make a simple phone call to me. When I had previously answered every email, every phone call, every requirement, and agreeably so, why would committee even be considered?I should not be held responsible for you or your employee's misjudgment or desire to escalate my case or to flex muscle. There were no grounds for taking this action. I have documented calls and emails that prove ample and amicable communication. Thomas knew I was working with the police department, and I think he simply got tired of waiting. He/you decided to move forward without me, and without notifying me. Why does your office grab for the club rather than communicate? And then assess fees retroactively? I would think this against the law, if it were not done with such aplomb. Nonetheless your decisions cost the county, and thus already cost me. One simple phone call verses a $342 committee meeting. That is not a tough call. Apparently it is easier to blame me than fix your own departmental processes, which are failing you as much as me. Blaming me is your way to distract from what you are not doing. My case should be closed. As you and I both know, given the complexities with removing what was illegally dumped on my property, I accomplished more than your department would have even attempted if it were theirs to do. By their own admission. I did the right thing in the right way, and even successfully involved the police. I coordinated the requirements of two very divergent offices to remedy a situation, at great expense to myself, totaling thousands of dollars, sparing nothing but the time to do it, as it was all done as hastily as possible. Mind you, it was not my timetable alone. Without any regard for my efforts, my due diligence, and my success, you are maintaining a stance that you are justified in penalizing me? You demand that I get myself out of the mire of your making by writing letters and conferencing into hearings while you continue to cattle-prod me with penalties? I understand why your people behave as they do. They are acting as they see their management act. My case deserves closure at once, without penalties. I will seek the help of political representatives and an attorney if need be. Sincerely, Marlene J. Santilli PS. To comply with now another requirement from your email, that I write a letter to the Board, please present to the Board the following sentence and this following sentence only: Dear CCCF, Board, please remove all fines as I acted prudently and removed all illegally dumped vehicles and boats, and unfortunately I did not receive any notice of any due date nor fines, thank you. Marlene Santilli I will not be on hand for any conference call, as it conflicts with pre-arranged business travel. And to help put my case in the proper perspective I do not think you share, I am attaching photos of what you refer to as "litter". This "litter' even had legal entanglements complicating it's removal. You may also show these attached photos to the Board at the planned hearing in reference to my case. Video of the removal, showing breakdown of professional equipment that struggled with the job, and the repeated attempts over several weeks, and all the difficulties that were encountered, I also have. I repeat for sake of clarity, only that which is in purple is to be presented as my statement to the Board. This letter in its entirety is confidential, intended for your department and offices to which you report. file://C:\Documents and Settings\Sheri\Local Settings\Temp\7BF91B85-5CA1-48A1-9CD... 4/23/2007 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Marlene Santilli CEB No. 2007-12 DEPT No. 2006070511 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-12 DEPT CASE NO.2006070511 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Marlene Santilli,Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Marlene Santilli 224 Owl Ct. Freemont,California 94539 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on April 26,2007 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 A REDUCTION OF FINES/LIEN CEB CASE NO. 2007-12 DEPT CASE NO. 2006070511 Board of County Commissioners vs. Marlene Santilli Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.01 Location: County Address #98511 Folio: 39836240005 Description: Conversion; The illegal storage of vehicles on unimproved property. Past Order(s): On February 23,2007, 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 4193 PG 2075, for more information. • The Respondent has complied with the CEB Orders as of February 23, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,092.26 See below. Order Item#2 Fines at a rate of$50 per day for the period between March 26, 2007—April 10, 2007, (15 days)for the total of $750.00. Order Item#4 Operational Costs of $342.26. 2 . rte, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-12 vs. MARLENE SANTILLI, Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befo •;o . :r• i 23,2007,and the Board,having heard testimony under oath,received evidence, :•• e •d -_:- • , • :s. .•riate matters,thereupon issues its c c7 Findings of Fact,Conclusions of Law,a• of the Board,as o • set,, 13 v N „ •i '. SOFF: T oil c I. That Marlene Santilli is o . e _ ,.., : - 2. That the Code Enforcem. t B • has ' ' di• 'o •f h e per ;� >f Re..ondent and that the .4 Respondent,having been duly notr't? . :..� t"{• py 0 3. That the Respondent was n, . of the date of hearin 4-- - fi and by posting. 4. That the real property located . • Address#98511 Na- ec ..rida,Folio Number 39836240005, cc o v more particularly described as: Golden t~r . nit 63 - �:f�t East 180 Feet of Tract 59,Collier County,Florida,as recorded in the Public Re IN 1' -orida is in violation of Collier County rn a Ordinance 04-41,the Land Development Code,as a --e ion 104.01 in the following particulars: M '" ao 0 e The illegal storage of vehicles on unimproved property.. o� V ws �a o °` ORDER OF THE BOARD A Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Ci sac sr. Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: y o v That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 104.01 be corrected in the following manner: Imo Pa CO S. eft Pa MI me• asses. E ° e w I. By removing the vehicles within 30 days(March 25,2007),unless there is a Collier County Sheriff's : ,� �, on-going Investigation prohibiting the same. Q O ."°a 2. That if there is no Collier County Sheriff's investigation prohibiting the removal and/or if the .°e uo = investigation has been concluded,and if the Respondent does not comply with paragraph 1 within 30 days(March 25, 2007),then there will be a fine of$50 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated 3, and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$342.26. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a 8' day of, 'J ,2007 at Collier County, Florida. 4e CODE ENFORCEMENT BOARD is COLLIER COUNTY,FLORIDA r-- BY: .Q.� es Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 a STATE OF FLORIDA ) COUNTY OF COLLIER))SS ` ALT • t+ ® _ The foregoing instrument w a - ledged before me this'- da of /' 2007 Sheri Barnett,Chair of the ode - Board of .flier un Florida,who is personally known to me or wh.` .. '. p y d -d a F o :.a D • 's L ense as identification. L mob Dona�fc • #0 t*r�•�:Commrssr Aug h..14 '!�'t�' _ w.. t. Expires:onder Th Cn C My commission ex es: �'�� a��E' Attant��g°ndung • RTIFICATE OF SER I HEREBY CERTIFY that a true :*r•. .. of OAS . as been sent b U.S.Mail to U.S. Mail to Marlene Santilli,224 Owl Ct.,Freem ' • ;:4_ day of hob ,2007. /? M.Jean Ron,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Na las,Florida 34102 Stlm a>:C-ELOI!E3t4 X63-8206 'aunty of COLLIER I HEREBY CERTIFY THAT this 1S a true end correct co;a of a c:,etr,^:t on fito in uB�eaard Mir�upt_s a::J �. .. �.of Collier Count) Fr'JES..3 ,•1y h4�J�'•�• I f 1W1{jl Jva1 tr is S da y of rinli k. awl DWIGHT E.'BROCK, CLERK OF COURTS 3y: D.C. - — 4 . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-12 DEPT CASE NO. 2006070511 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Marlene Santilli,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 28th, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4193 PG 2075, et. seq. 2. That the respondent ch not contact the investigator. 3. That a re-inspection was performed on April 10,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Removing all vehicles from unimproved property. The respondent did not meet the time frame. FURTHER AFFIANT SAYETH NOT. Dated April, 10th,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thoma•Q,egan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this April, 10th,2007 by Thomas Keegan. (Si ture of Notary `ublic) NOTARY PUBLIC•STATE OF FLORIDA K. A. Van Sickle (Print/Type/Stamp Commissioned ` '; Comnussiot#DD618488 \Tame of Notary Public) Expires: NOV. 29,2010 BONDED THRU ATLANTIC I.:S'D_IG CO.,ma Personally known Rev 2/5/07 S . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-12 vs. MARLENE SANTILLI, Respondent ORDER IMPOSING FINE/LIEN AND ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 28,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4193,PG 2075, et. seq. on March 7,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on April 10, 2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent requested a Reduction/Abatement of Fines. The Board having considered the following (a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated February 28,2007,it is hereby ORDERED,that the Respondent,Marlene Santilli,pay to Collier County fines in the amount of $550 for the period March 26,2007 through April 6,2007 at$50 per day,plus$269.51 for the operational costs, for a total of$819.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 3(%dday of 4 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA j4LBY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this c day of F ,2007,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 071ks CHRISTINA L URBANOWSKI T. MY COMMISSION#DD 241717 NOTARY PUBLIC %.{ EXPIRES:November 22,2007 My commission expires: '4;p7..tiv Balled Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to this ORDER has been sent by U. S. Mail to Marlene Santilli,224 Owl Ct.,Freemont,California 94539 this day of ,2007. .Jtate 01 F LORIUA > ;ounty of COLLIER IL.Jean Rawson,Esq. Florida Bar No. 750311 i HEREBY CERTIFY THAT this Is a true and Attorney for the Code Enforcement Board correct HEREBY 01' r 400 Fifth Avenue S.,Ste. 300 copy p 4 oc anent on file in Naples,Florida 34102 Board Minutes.ar-d ^??.iron,c of Collier County (239)263-8206 vicru E y 4440 ° PVial I this WI,-H:,, E. 404: RK +F COURTS lv 4- D.C. _ is r w ' ' COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE H. Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County,Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair,both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County,Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one(1)year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the Board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held at least monthly on the fourth Thursday,and/or at other times as needed,and determined by the Board,in the Collier County Commission Chambers. The Board may begin its meeting to conduct orgrnizational matters at 9:00 A.M. and the public portion of the meeting shall commence at 9:30 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three(3)members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)out of three(3)successive board meetings without .a satisfactory excuse,he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 5. Quorum. A quorum of the Board shall consist of four(4)members and an 2 affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Section 6. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual(or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 7. Records. All regular and special meetings,hearings,and records shall be open to the public. Section 8. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. ARTICLE VI Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions a. Non Contested Cases and present at the hearing b. Contested Cases by Respondents and present at the hearing c. Cases of Respondent not present at the hearing 5. New Business 6. Old Business 7. Reports 8. Comments 9. Next Meeting Date 10. Adjourn The order of business may be suspended by a vote of the majority of those members present. 3 • ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail,return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten(10)days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board,the supervisor of the Code Enforcement Investigator involved,and the Code Enforcement Investigator involved.. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s)to the Secretary of the Board for distribution to the Board Members at least five(5)business days prior to the Board Hearing. In order to have the information submitted to the Board Members,the alleged violator shall submit fifteen(15) copies of his or her information to the Secretary to the Board five(5)business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her answer/response packet to the Secretary to the Board,the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or ignored to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County,Florida. 4 ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one(1)hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so,the case shall be placed on the agenda as stated in Article VI, Subsection 5. b. The parties may stipulate to an agreed Order,to be approved by the Board. c. The parties may stipulate to any facts,exhibits or evidence to be introduced into the record,which are not'in dispute. d. The names and addresses of witnesses to be called will be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party,or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply,but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida,Florida Statutes,administrative agency regulations,other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement b. Where notice of hearing has been provided in accordance with Section 162.12,the Respondent as provided herein a hearing may proceed in the absence of the Respondent. 5 • • t of violation against the c. The Secretary to the Board shall read the statement g Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name,mailing address and physical residence. e. If the Respondent/alleged violator appears by a person other than an attorney, the Respondent should complete the attached Durable Special Power of Attorney form and present it at the hearing. f. Presentations of a case may be limited to twenty(20)minutes per party,including testimony of all witnesses. If the Respondent believes that additional time is required,he/she shall notify the Board Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the parry's presentation may be objected to by the opposing side. Whether to allow the evidence shall be at the discretion of the Board. If the Board allows the evidence a recess or continuance to examine said evidence may be granted by the Board. h. All persons appearing before the Board shall be sworn in. i. Each side shall be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her.case. Both parties shall have an opportunity to cross-examine all witnesses. j. Members of the public may testify and provide relevant evidence to support that a violation has or has not occurred. Testimony of members of the public may be limited to no more than five(5)minutes unless extended by a majority vote of the Board. Members of the public may be required to pre-register to speak. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then deliberate and determine what affirmative relief and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the affirmative relief granted by the Board. The Board may include in 6 such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine,if any,the Board shall consider the following factors:(1)the gravity of the violation;(2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator, and(4)any other relevant factors. Such fine shall not exceed Two Hundred Fifty Dollars($250.00)for each day the violation continues past the specified compliance date and Five Hundred Dollars($500.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator maybe ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10)days. p. In the event the violation is a violation described in Section 162.06(4),Fla. Stat.,the Board may direct the local governing body to make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may request a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Request for Rehearing(maybe in the forms of Exhibit"A")shall specify the precise reasons thereof A Request for Rehearing shall be in writing and sent to the Secretary to the Board within ten(10)days of the date the Order is received by the party,but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Request for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty(20)days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing,it may (1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or(2) Modify or reverse its prior Order,without receiving further evidence,providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. 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(a new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. 7 . ARTICLE X Enforcement Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall_file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit shall be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County,Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3 A request for a reduction/abatement of fines maybe in the form of a Request to Impose Reduce/Abated Fine. The Request should contain the following information: (a)name, and address of named Respondent;(b)names of all owners of the property which is the subject of the violation; (c) physical address of subject property, (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Request to Reduce/Abate Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Board; (h) signature of Respondent; and(i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Request to Reduce/Abated Fine,attaching all supporting documentation. Section 4 The Board shall determine the amount of operational costs and/or fines as applicable to be imposed and the Respondent shall receive a notice of the said Hearing. In determining the amount of the fine, if any,the Board shall consider the following factors: (1)the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator, and(4)any other relevant factors. Such fine shall not exceed Two Hundred Fifty Dollars ($250.00) for each day the violation continues past the specified compliance date and Five Hundred Dollars($500.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator maybe ordered to pay any operational and/or prosecution costs incurred. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County,Florida. 8 ARTICLE XI Reduction of Fines Prior to Imposition of Fine • Section 1. The Board will only consider written request for a reduction of fines.The request must state reasons for reduction and must including supporting documentation for Board consideration as no further testimony from or in behalf of the violator will be considered.A Request to Reduce/Fines maybe made after a violation has been abated,or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Request to Reduce/Abate Fine be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Request,the Secretary to the Board shall set the Request on the next available agenda of the Code Enforcement Board. The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Request by the Code Fnforcement Board. Such dismissal shall be without prejudice to the Respondent to file another request accordance with these Rules. Section 3. Upon the proper filing of a Request to Impose A Reduced/Abated Fine,the Board may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator, (d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules,where applicable. Section 5. If a reduction is granted;the reduced fine must be paid within thirty(30)days, unless otherwise specified in the order, or unless staff in its discretion,negotiates an installment plan. If payment is not made within the specified time,the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Board will not re-hear a request for reduction of fines once a decision has been reached on a previous request for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any 9 • aggrieved party may appeal a final order to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo(new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XII • Recording of Order :. Section 1. A certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. For all Orders Imposing Fines/Liens rendered after April 16, 1999,the Order,when properly recorded,shall be superior to the interest on such property of any owner lessee,tenant,mortgagee,or other person except the lien of County taxes,and shall be coequal with county taxes: Upon petition to the Circuit Court,such Order may be enforced in the same manner as a court judgment by the sheriffs of this State,including levy against personal property, but shall not be deemed to.be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid,the Board may authorize the attorney representing the Commission to foreclose on the lien. No lien created pursuant to this:Ordinance may be foreclosed on real property, which is homestead under Section 4,Article X of the Florida Constitution. . . . Section 2. .No lien provided under this ordinance shall continue for a period longer than twenty(20) years after the certified copy of an Order Imposing a Fine has been recorded, unless . within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien,the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. . ARTICLE XIII Miscellaneous 0 Section 1. . These Rules and Regulations maybe revised and adopted consistent with state statutes and county ordinances during a regular Meeting by the afflnnative vote-of a majority of the full Board, including alternates,provided notice of a proposed change is given to the Board at a preceding regular meeting. . . • Section 2. No Board member shall knowingly discuss any case with any alleged violator . or with each other or with any other interested party prior to the final resolution of the case by the • Board. - - Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision,the Code Enforcement Investigator may 10 include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties shall be permitted if the non-party's interest will be affected by the Board's decision. Section 5. The Board,at its discretion,may ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS,As Amended,ARE HEREBY APPROVED this a$' day of L, , 2005. COLLIER COUNTY CODE ENFORCEMENT BOARD • "401 Cliff 'hair Geor • ,.Ponte Ra and J. Bowie,Vice Chair •r d J.Lef• , j Sheri Barnett Richard Kr ing, Alternate Vacant Position(Regular) Vacant Position (Regular) Vacant Position (Alternate) 11