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Backup 05/24/2007 2007 Code Enforcement Board Backup Docs May 24 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: May 24,2007,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Naples,Florida 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—April 26,2007 5. PUBLIC HEARINGS A. MOTIONS Motion to Continue B. STIPULATIONS 1. BCC vs. Connie Munoz CEB 2007-39 2. BCC vs. Josephina Gomez CEB 2007-44 C. HEARINGS 1. BCC vs. Angel Riquelme and Lissette Riquelme CEB 2007-34 2. BCC vs. MMB of Southwest Florida LLC and Bonita Media Enterprises LLC CEB 2007-35 3. BCC vs. TW Management of Naples, Inc A/K/A Naples Investments, INC CEB 2007-36 4. BCC vs. Jaycess Foundation of Naples, INC CEB 2007-38 5. BCC vs. Starboard Media Foundation, INC CEB 2007-40 6. BCC vs. Horse Creek Partners, LTD CEB 2007-41 7. BCC vs. Angel Riquelme and Lissette Riquelme CEB 2007-42 8. BCC vs. Kalyvia, LLC CEB 2007-43 6. OLD BUSINESS A. Request for Reduction of Fines/Liens B. Request for Imposition of Fines/Liens 1. BCC vs. Innovation Construction& Development, LLC CEB 2004-75 2. BCC vs. Cederiere Titus and Jeanne Bonnett CEB 2007-02 3. BCC vs. Bill Gray's Inc CEB 2007-09 4. BCC vs. J. H. Prettyman CEB 2007-11 7. NEW BUSINESS-Approval of Rules and Regulations 8. REPORTS— 9. COMMENTS— 10. NEXT MEETING DATE- June 18,2007 11. ADJOURN t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Connie Munoz., Respondent(s) CEB No. 2007-39 DEPT No. 2005081221 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-13 Deed 14-15 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-39 COLLIER COUNTY DEPT CASE NO.2005081221 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Connie Munoz,Respondents NOTICE OF HEARING To: Connie Munoz P.O.Box 990038 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 May 24, 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. a/444a--- fill4(----- 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. 2007-39 vs. DEPT CASE NO.2005081221 Connie Munoz,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 The Collier County Land Development Code,as Amended, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i),and Florida Building Code Edition 2004 Section 111.1,and Collier County Code of Laws and Ordinances Section 22,Article II Section 106.1. 2. Description of Violation:Improvement of property without authorization or permits. 3. Location/address where violation exists: 2685 55th Ter. SW Golden Gate City 4. Name and address of owner/person in charge of violation location Connie Munoz , PO Box 990038,Naples Fl.34116 5. Date violation first observed: September 15,2005 6. Date owner/person in charge given Notice of Violation:July 7,2006 7. Date on/by which violation to be corrected: September 7,2006 8. Date of re-inspection: September 8,2006 9. Results of Re-inspection: Violation remained. 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 2. day of April, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER a i,''diY :'Lit5L4L-bUilLUf.t'Lkikljt SWirn to or affirmed) .I d subscribed before this 2 day of April,2007 by Shir1y M. Garcia GoraR1iv riInD923J5 A. a/ ')(Tyres DEC. 22 2009 •,':in-( rlondine Co.,In (Signature of l otary •iblic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ' or produced identification Type of identification produced REV 3-3-05 2 . Case Number 20,579,S)/22/ COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF V OLATION (� pondent ej)14.10c� (Y\L IN oz. Date: 7 17/D4 Investigator: �d/lE3,/ D Phone: 239-ye..,)y; � A Zoning Dist Sec Ld Twp Rng Mailing: 1", Q. ( O)C g5 v 327 Legal: Subdivision 4) *1 uy, lock Lot f. K)oce 14-4 F F . S(My r, M Location: /L4 ��'S�-1 ' (, s' 1 Folio 3(31isyg 6007 OR Book 3533 Page J f 1 Unincorporated Collier County T Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy - until the completion of the project. 10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. rom a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the 010.02.06(B)(1)(d) Improvement of property prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: 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. O10.02.06(B)(1)(e(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 Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). ust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II / Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, ust request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted 0103.11.2 Physical Safety[pools[. Where pool construction commences prior demolition of same. to occupancy certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: Rte' #7,-- certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit prosecution. (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at espondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are .7 �� not limited to, excavation pile driving (excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date w` and disturbance or removal of protected species or habitat,etc. Q �-I-/� S tion 106.1.2 Certificate of Occupancy. 'R--c �"--' sZ `106.1.2 Building occupancy. A new building shall not be occupied or a vvv change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 3 . Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 _. -- a •■ •■ •■ m � k ; k @IZ/ 2 § $ = 0 §222 m =ova= \ / / K / o. of*( 33/ o _ .c CO _ § -F� , IFq m Mc / enn , ca m % ? _ \ ' m \[] 2 /2 \ / h \ § -. 17cRa § \ , 2 § off , £; m w pmo =»_—_ ® § 2 . w • ew „ o -, o — 2Q . \ / \ }}O §Q@ \ C . % E5 ° m. m 2 co' —&= E§ q I`< wEn 2 § /( } i§ 2 0 q . 7 o F. A . . . o % « / � 33 2 . R P . R k : \ co _ ❑ 07Lici \ 0 730 ) ( �.' > P / x ` m k /� (\ m \ / �, \ c a)a M a.a \ :t- ip- 'II 2 2 . ° % Q % 0 -& DE❑ ; E7 _ 2 a 7gmp sa § k » 9a = « - / o IP § § [ } / , m . 2 a ° � \ \© 0 \ O 0 ( z - kƒ_ \ & a. ( t CD Q 4. ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4. 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline #of Phases Phase 71m—clines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development • requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. 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 Supp.No.2 LDC10:84 r APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be I P'1Ps,/I•GC / COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required. Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use, arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 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 Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator 9 Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE This Code constitutes a complete codification of the general and permanent ordinances of Collier County, Florida. In addition, part II of this Code is a compilation of special acts pertaining to the county. Source materials used in the preparation of the Code were the ordinances adopted by the board of county commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the disposition tables appearing in the back of this Code, the reader can locate any ordinance included herein as well as the subject matter of ordinances not included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left Section 106.1.2 entitled "Issuing Certificate of Occupancy,"is a amended as follows: 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. 1/. Florida Building Code 2004, Building Page 1 of 1 Florida Building Code 2004, Building 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT ©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. 1,+t.,•//:,,f ,1„�: .« /: 4_ .111/1/1 ------, mr - .- -- - /7 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. /3. • 3756184 OR: 3953 PG: 3740 Prepared by: RECORDED in OFFICIAL RECORDS of COLLIER COORTP. FL 'Louise Emmert 12/27/2005 at 10:37AM DIIGHT E. BROCK, CLERK Title Services of Collier County, LLC COOS 375000.00 3363 Tamiami Trail North RIC FEE 18.50 Naples,Florida 34103 DOC-.70 2625.00 File Number: N1985 Retn: TITLE SERVICES OP COLLIER CO PICK UP Warranty Deed Made this December 21, 2005, A.D. by Lazaro Padron,a single person, whose address is: 9383 SW 39th Street, Miami, Florida 33165, hereinafter called the grantor, to Connie Munoz,a single person, whose post office address is: P.O. Box 990038, Naples, FL. 34116, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida,viz: Cdr Lot 15, Block 226 of Go �� do Gate, Unit 6>according to the Plat thereof as recorded in Plat Book 5, pages hiougt.,134ofIhe Public Records of Collier County, Florida. % 1 Parcel ID Number: 3632 0 Together with all the ten ts, hereditament d� �urtenances thereto belonging or in anywise appertaining. 71-TE OW— To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. *** OR: 3953 PG: 3741 *** In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: .41 /�• l�/ //77,11,4il/ kccY c) I'G.I CI l/1 f ,r Witn=� Printed Name Emmert Lazaro Pad'.n 4�.5 R _I,.+- Pilo t • I I, (U (Seal) Witness;-Printed Name /,II . la 1 State of Florida County of Collier ��LT The foregoing instrument was ackn vne.aged before me this c ber 21, 2005, by Lazaro Padron, a single pe •n, who is/are/ lir g I R `— eam\ to\ e or who has produced �� - • t. (SEAL) •_ra LOUi6C D.EmaPIt 1.. Prin r� My Corn- on Expires: February 1. 2008 '—_ \ Comm. tdd281365 TftE CIW- DEED Individual Warranty Deed-Legal on Face Closers'Choice /5. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-39 vs. CONNIE MUNOZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24, 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 Connie Munoz 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,did not appear at the public hearing but 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 2685 55th Terrace S.W.,Golden Gate City, Florida, Folio 36325480007, more particularly described as Lot 15, Block 226 of Golden Gate,Unit 6,according to the Plat thereof recorded in Plat Book 5, Pages 124 through 134,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)(1)(a) and 10.02.06(B)(l)(e)(i)and Florida Building Code Edition 2004, Section 111.1 and Collier County Code of Laws and Ordinances, Section 22,Article II, Section 106.1 in the following particulars: Improvement of property without authorization or 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 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)and Florida Building Code Edition 2004, Section 111.1 and Collier County Code of Laws and Ordinances, Section 22,Article II, Section 106.1 be corrected in the following manner: 1. By applying for and obtaining all permits, inspections,and certificate of occupancy required for the improvements of the property within 90 days(August 22, 2007); 2. In the alternative,by demolishing the improvements with a current Collier County Demolition Permit and removing the debris to an appropriate waste disposal facility within 30 days(June 23,2007). The improvements have been demolished. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 22 , 2007 then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 23,2007, then there will be a fine of$100 per day for each day that the violation continues past that date. The improvements have been demolished. 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. The Owner will allow the CEB investigator on the property to validate compliance. 6. That the Respondent has paid all operational costs incurred in the prosecution of this Case in the amount of$623.19. 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 7 day of � ,2007 at Collier County, Florida. f - CODE ENFORCEMENT BOARD COLLIERR COUNTY, FLORIDA BY:—�t 1.44. 60,ndi 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"ay of\ iA3;2_. 2007, by Sheri Barnett, Chair of the Cody Enforcement Board of Collier County, Florida,who is personally known to me or ✓ who has produced a Florida Driver's License . _ ' .tion. Oia-Z13:1\Gfj lit ;; • r:77. 1.,URSANOWSKI j :•r NOTARY PUBLIC 1......._ *: 7D 241717 My commission expires: .,exec'' CHRISTINA L.URSANOWSKI ;.'.-ii*A ,:„.441:;,F `", MYCOMMISSIC,isrD241717 �'4 COLLIER . EXPIRES: �U;7 i , , XPI ES:Nov,-Ncv�,(r~':22,?_007 6or— .1....., ^_unaerwnter H; ,-BY CERTIFY THAT this is a true and t-,. .t ccpy of a oocumeot on the In s 1xinutes and Rccoros of Coliiar County �rI E3S my hono ana official seal this �day Of , l' \,4-/I C HT E.IBROtK, CLERK OF COURTS �' , D. _ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen by U. S. Mail to U. S. Mail to Connie Munoz, P. O. Box 990038,Naples, Florida 34116 this 5411(‘day of 2007. M.Jean son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO, 2007-39 DEPT NO. 2005081221 Connie Munoz Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Connie Munoz, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005081221 dated the 7 day of July, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 24, 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)(1)(a) and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, The Collier County Land Development Code and The Florida Building Code Edition 2004 Section 111.1, and Collier County Code Of Laws Section 22 Article II Section 106.1. and are described as Improvement of property without authorization or permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$623.19 incurred in the prosecution of this case. 2) Abate all violations by either or : Applying for and obtaining all permits, inspections, and certificate of occupancy required for the improvements of the property within ninty days of today's hearing, or a one hundred dollar ($100) a day fine be imposed until violations are abated. Demolishing the improvements with a current Collier County Demolition Permit and removing the debris to an appropriate waste disposal facility within thirty days (30) of today's hearing, or a one hundred dollar ($100) a day fine be imposed until the debris is removed to an appropriate waste disposal facility. 3) Respondent must notify Code Enforcement that the violation has been abated and request the In - e out and perform a it- ' spection. At, R- *• •-• M4helle nold, Director n Code Enforcement Departm nt 6Y-1 26 471 6 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-39 Connie Munoz DEPT NO. 2005081221 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Connie Munoz, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005081221 dated the 7 day of July, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 24, 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)(1)(a) and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, The Collier County Land Development Code and The Florida Building Code Edition 2004 Section 111.1, and Collier County Code Of Laws Section 22 Article II Section 106.1. and are described as Improvement of property without authorization or permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$623.19 incurred in the prosecution of this case. 2) Abate all violations by either or : Applying for and obtaining all permits, inspections, and certificate of occupancy required for the improvements of the property within flinty days of today's hearing, or a one hundred dollar ($100) a day fine be imposed until violations are abated. Demolishing the improvements with a current Collier County Demolition Permit and removing the debris to an appropriate waste disposal facility within thirty days (30) of today's hearing, or a one hundred dollar ($100) a day fine be imposed until the debris is removed to an appropriate waste disposal facility. 3) Respondent must notify Code Enforcement that the violation has been abated and request the In - e out and pe orm a it- spection. R' 111••■•-. M4helle nold, Director 64/ 26- rc Code Enforcement Departm-nt � 4-7Z - 6 Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD -°-� CEB CASE NO.2007-3 9 DEPT CASE NO. 2005081221 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Connie Munoz,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 24, 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 4241 PG 2420, et. seq. 2. That the respondent didcontact the investigator. 3. That a re-inspection was performed on June 25, 2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by demolishing the improvements with a Collier County Demolition Permit and removing the debris to an appropriate waste disposal facility within 30 days of hearing. The respondent also paid the operational cost of$623.19 incurred in the prosecution of the case. FURTHER AFFIANT SAYETH NOT. Dated 25,June, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BO RD Ed Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affi u' -d)an• scribed before me this 25,June, 2007 by Ed Morad. ( ign. re of Notary'Public) so u ,iwi t'Ul3WC•STATE OFFLORIDA 14 K.A. Van Sickle (Print/Type/Stamp Commissioned = 'iTr4 :lion#DD61848F Name of Notary Public) ®° Expires NOV O� 2010 Rev 2/5/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Josephina Gomez., Respondent(s) CEB No. 2007-44 DEPT No. 2006110628 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 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-44 DEPT CASE NO.2006110628 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Josephina Gomez,Respondents NOTICE OF HEARING To: Josephina Gomez 1700 55`x'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 May 24, 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.2007-44 vs. DEPT CASE 2006110628 JOSEFINA GOMEZ,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 Collier County Land Development Code, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)and 10,02.06(B)(1)(e)(i) 2. Description of Violation: Improvement of property without an active Collier County Building Permit. 3. Location/address where violation exists: 1700 55th Street SW Golden Gate City. 4. Name and address of owner/person in charge of violation location Josefma Gomez, 1700 55th Street, Naples Fl. 34116. 5. Date violation first observed:November 28,2006. 6. Date owner/person in charge given Notice of Violation:November 29,2006 Personal Service. 7. Date on/by which violation to be corrected:February 28,2007. 8. Date of re-inspection: March 13,2007. 9. Results of Re-inspection:Violation remained 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 16. day of April, 2007 .Z1A/ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before this 16 day of April ,2007 by (Signature of Nota ry ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced Indira Rajah Commission#DD273349 REV 3-3-05 �;• Expires:Dec 07,2007 %?>E of Bonded Thru Atlantic Bonding Co.,Inc. 2. c=�,.ti' p ' Case Number p?(�('6'//06 Zgj COLLIER COUNTY CODE ENFORCEME Building Permits, Administrative Code& Other Permit Requirements NOTICE OF IOLATION �Respondent �aS,e�t op, �" e I__ Date: 1/ l2vl Investigator: / Phone: 239-563-,754l Zoning Dist g J Sec Zi _ Twp V�' Rng __ ,.ailing: t 7 d 0 't'4 S —' S� Legal: Subdivision Go't/� T>< ./A,,F 3 Block AS— Lot / 7 kIA f/P.S —f• 311//i° Location: 70 Ss-K Si__ S c jj Folio 31,23 ey/G ex, 0 7 OR Book 3 7 j 2— Page �,73 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct, enlarge, alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical, gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. a10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is 0 10.02.06(B)(1)(e Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced Nif Other Ordinance/Narrative: prior a the issuance of a permit undo permit land the l deem code proposed Sep Cab Pi— n- �� n ('+ e,v7 requires a building permit under this land development code or other �lJtt �JJ�O 'applicable county regulations. N+ /� c9,f~ tc7 47la.-..) S.L D/2iy1 eAir" 10.02.06(B)(1)(e)(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 Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). lust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety(pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final pr,� p n building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: �2 if (A A&II 028 d�7 certification of a one or two family dwelling unit on the same property. the / fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pr.,-cution. (or other written site specific work authorization such as for excavation,tree / removal, well construction, approved site development plan, filling, re- W/i/>✓_� _ _ �1 vegetation,etc.)shall have been issued prior to the commencement of work at •espondent', ignature Date the site. Activities prohibited prior to permit issuance shall include,but are // not limited to, excavation pile driving (excluding test piling), well drilling, /! 2) ,C formwork,placement of building materials,equipment or accessory structures Investigator's Signatu Date and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. ❑106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 J , Case Number 2006110628 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION 5 I Josefina Gomez, property owner of 1700 55 St. SW Golden Gate City, agree to comply with Collier County Codes and Ordinances. I will obtain permits for the enclosing of my screen room area, including any electric, windows. door installations. Also,for the constructed free standing three fixtured bathroom with water and electric and home made makeshift septic system, and storage shed, within 3 months of the signing of this document. I will personally address any revisions/rejections, from any permit review person(s) or department(s). If needed I will also obtain any variances. I will be responsible for tracking the permit process and variance process until completion and issuance of the permit. If failure to obtained the permit within the 3 month time frame, I understand the case will be presented at the Collier County Special Master Hearing or the Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. 4111•Eleail. oar Jizar es o y:ent's Signature Date � i. // zs c2.6` ivestigator s Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION C Tallahassee, Florida 2004 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 1' APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. cuilding or land alteration permit and certificate of occupancy compliance process. 41:10 Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or and alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 .7 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a and surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 • Book 3982 - Page 573 Page 1 of 1 *** 3784791 OR: 3982 PG: 0573 *** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/13/2006 at 03:37PN DWIGHT J. BEOCE, CURL CONS 61050.00 PREPARED BY KIN SI/MINECA NEC FBI 10.00 MORTGAGE INPOmuTION SERVICES, INC. 2689 N. COMMERCE PARKWAY DOC-,70 427.70 MIRANAR, FL 33025 Retn: FILE NO: 200000815304 MORTGAGE INPORNATIOI *INCIDENT TO TEE ISSUANCE OP TITLE INSURANCE 8001 N DALE NABRF HWY 460IC PROPERTY APPRAISERS PARCEL IDENTIFICATION (POLIO) NUNBER(S) 323800-156-1941321 TAMPA FL 33614 POL THIS QUIT CLAIM DEED, EXECUTED THIS31 DAY OF �e A.D.2006, HY CARLOS MORENO, A SINGLE MAN, FIRST PARTY, TO JOSEFINA=2Z A=NE=Howse WHOSE POST OFFICE ADDRESS IS 1700 55TH STREET SW NAPLES, FL 34116MARRIFD SECOND PARTY: (WBERSVER USED =REIN TIE TERMS *FIRST PARTY' AND -SECOND PRATT" SRALL INCLUDE SN]WULAR AHO PLURAL, HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS, AND THE SUCCESSORS AND ASSIGNS OF CORPORATIONS, WHEREVER THE CONTEXT SO ADMITS OR REQUIRES) WITNESSETH: THAT THE SAID FIRST PARTY, FOR AND IN CONSIDERATION OF THE SUM OF 610.00, Ili HAND BY THE SAID SECOND PARTY, THE RECEIPT WHEREOF IS HEREBY ACOMOWLED®, DOES HEREBY REMISE, RELEASE AND QUIT-CLAIM UNTO THE SAID SECOND PARTY FOREVER,TITLE, INTEREST, CLAIH AND DEMAND WHICH THE SAID FIRST PARTY RAS � ALL THE RE THE FOLLOWING DESCRIBED EAT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BE INC IN THE COUNTY OF COLLIER, STATE OF FLORIDA, TO-WIT: LOT 19, BLOCK 156, GOLDEN GATE, UNIT 5, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 117 THROUGH 123, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TO NAVE,'AND To HOLD, THE SANE TOGETHER WITH ALL AND SINGULAR THE APPURTENANCES THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, AND ALL THE ESTATE, RIGHT, TITLE, INTEREST, LIEN, EQUITY AND CLAIM WHATSOEVER OF TEE SAID FIRST PARTY, EITHER IN LAW OR EQUITY, TO THE ONLY PROPER USE, BENEFIT AND BEHALF OF THE SAID SECOND PARTY FOREVER. IN WITNESS WHEREOF, THE SAID FIRST PARTY HAS SIGNED AND SEALED THESE PRESENTS THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF. / CO /N s SIGNATURE n � OR SIGMA .-- r t „ - `� CARLOS N87RENO • �•'I:��I GRANTOR PRINTED NAME 0.• GRANTOR ADDRESS STATE OF COUNTY OF "/WORN TO REV SUBSCRIBE =TORE IORE ME THIS YJ DAY OP bnlLt O Zr C-C\c\0� L'�Oc2rCD. NNRo x8 PERSONALLY KNOWN TO ME OR EEO SAS PRODUCED _ AS IDENTIFICATION AND SRO DID TA AN OATS.• '-` PAM morossruL NS ` I NO r 1•.nut SIP!01 2.200 ( . �...,. ma,2`.2009 Y /0. aDDNAMPO NT a:HaSEION EXPIRES pS-a a- oq http://www.collierappraiser.com/viewer/Image.asp?ImageID=401184 3/29/2007 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-44 vs. JOSEPHINA GOMEZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007, 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 Josephina Gomez 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,did not appear at the public hearing but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 1700 55th Street S.W.,Golden Gate City, Florida, Folio 36234160007, more particularly described as Lot 19, Block 156,Golden Gate, Unit No. 5,according to the Plat thereof recorded in Plat Book 5, Pages 117 through 123,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)(1)(a) and 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)in the following particulars: Improvement of property without an active Collier County Building Permit. 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 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By obtaining a Collier County Building Permit for all improvements within 60 days(July 23,2007); 2. In the alternative,by obtaining a Collier County Demolition Permit and by removing the improvements and converting the property back to its original state,pass inspections, and by obtaining a Certificate of Completion with 60 days(July 23, 2007). 3. That if the Respondent does not comply with paragraph lof the Order of the Board by July 23, 2007 then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by July 23,2007, then there will be a fine of$100 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. The Owner will allow the CEB investigator on the property to validate compliance. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$529.00. 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. rd DONE AND ORDERED this 7 day of _ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIERR COUNTY, FLORIDA BY: ,�G%�fea- 16444te Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples, Florida 34104 )SS: COUNTY OF COLLIER) LehThe foregoing instrument was acknowledged before me this day of 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or i/ who has produced a Florida Driver's License as identification. ; � Y°i •; IINA L dAiVOW *; + ':,r MY CHR COMMISSION ST UR#DD 24171SKI 7 � ��✓✓�� n..� NOTARY PUBLIC EXPIRES:Novermer 22,2007 9X,;.. Bonded Thru Note v out*Undenvnters 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 Josephina Gomez, 1700 55th Street S.W.,Naples, Florida 34116 this S' day of yy} FLORIDA Y �sa.tt 2007. ounry Of COLLIER .�" G �-•v M. Jean R son, Esq. Florida B r No. 750311 I H r MBY CERTIFY THAT this Is a tip MO Attorney for the Code Enforcement Board 'arr;:ct cooy of a bocument on file in 400 Fifth Avenue S., Ste. 300 a,t'�?r '>"i(lutes and Rocoras of Collier County Naples, Florida 34102 a,.VESS my Kano and official seat this (239)263-8206 aayof 11.1480. '} r%NIGHT E. BROCK, CLERICOF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-44 Josefina Gomez DEPT NO. 2006110628 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Josefina Gomez, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110628 dated the 11 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 May 24, 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)(1)(a)and10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, the Collier County Land Development Code and are described as Improvement of property without an active Collier County Building Permit.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$$529.00 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit for all improvements within sixty days (60) of today's hearing. Or a one hundred dollar ($100) a day fine will be imposed until violation is abated. Obtaining a Collier County Demo Permit and removing the improvements and converting the property back to its orginal state, pass inspections, and obtain a certicate of completion within sixty days (60) of today's hearing. Or a one hundred dollar ($100) a day fine be imposed until violations are abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. mind mw 4 i JD espond-nt ' Michel - Arnold, Direct. Code Enforcement Department Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-44 Josefina Gomez DEPT NO. 2006110628 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Josefina Gomez, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110628 dated the 11day 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 May 24, 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)(1)(a)and10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, the Collier County Land Development Code and are described as Improvement of property without an active Collier County Building Permit.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$$529.00 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit for all improvements within sixty days (60) of today's hearing. Or a one hundred dollar ($100) a day fine will be imposed until violation is abated. Obtaining a Collier County Demo Permit and removing the improvements and converting the property back to its orginal state, pass inspections, and obtain a certicate of completion within sixty days (60) of today's hearing. Or a one hundred dollar ($100) a day fine be imposed until violations are abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. espond-nt 1151 chef Arnold, Direct. Code Enforcement Department .2007- o (l 2 Y- v/ Date Date REV 2/23/07 t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Angel Riquelme and Lissette Riquelme., Respondent(s) CEB No. 2007-34 DEPT No. 2006110568 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-8 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-34 n COLLIER COUNTY DEPT CASE NO.2006110568 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Angel Riquelme and Lissette Riquelme,Respondent(s) NOTICE OF HEARING To:Angel Riquelme and Lissette Riquelme 2095 47t AVE 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 May 24, 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 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. 0,jediff I Bendisa Marku Dated January 8,2006 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.2007-34 vs. DEPT CASE NO.2006110568 Angel Riquelme Lissette Riquelme,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 of the Collier County Land Development Code,as amended, Sections:10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i) 2. Description of Violation:Unpermitted shed 3. Location/address where violation exists: 2095 47th Ave NE Naples,FL/Folio#39658640003 4. Name and address of owner/person in charge of violation location: Angel & Lissette Riquelme / 6061 Bur Oaks Ln Naples,FL 34119 5. Date violation first observed:November 276,2006 6. Date owner/person in charge given Notice of Violation:November 271,2006 7. Date on/by which violation to be corrected:December 22"x,2006 8. Date of re-inspection: Last re-inspecion on February 8,2007 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 8th.Day of February,2007 Thomas Keegan Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of February ,2007 by Thomas Keegan et. Li° z ign. - o Notary 'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificati produced NOTARY Pt'RU?C STATE OF FLORIDA K. A. Van Sickle 4 Commission#DD618488 Expires: NOV.. 29,2010 REV 3-3-05 BONDED THRU ATLANTIC BONDING CO.,INC. Number1(d Jic5? g COUNTY CODE ENFORCEMENT 0 I uilding Permits,Administrative Code& Other Permit RequiremeCase nts NOTICE OF VIOLATION R,,ikmden _ 1k_ t6:`. Date: �i.a"_ ji ` Investigator: •_ _S,_4, Phone: 239 g a. �� II _ ' i mailing: p r,� Zoning Dist � � Sec Twp J� Rng 7 g' YJ lJ(G �1,1 i�f� s L� Legal: Subdivision'75i Lin,' - /„Q Block $o Lot 1 Location:So ckg t-}'1'rh t....e., /06 Li ik p l es Folio (058 4-6003 OR Book 3q%j, Page o'a g Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. g10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is g10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. • improvement of property or construction of any type may be commenced Other Ordinance/Narrative:to the issuance of a building permit where the development proposed Sly��) / �' �requires a building permit under this land development code or other •I 9 &C�r ,_e-4 y i iplicable county regulations. _ iiMMIneratiMMErapitiM ' " X10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of pi t'r` , `any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy ' Order to Correct Violation(s)° must be obtained within 60 days after the issuance of after the fact permit(s). %lust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress,or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, ,Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc OMust effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools). Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: j -,c,?a—al" certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) ,: dab notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an Ines up $500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code E orcement Board review that may result in fines up to$1000 per day p- vi.ation, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pr. e• . (or other written site specific work authorization such as for excavation,tree '0 �./1 removal, well construction, approved site development plan, filling, re- !' vegetation,etc.)shall have been issued prior to the commencement of work at 4•ndent's Signature ate the site. Activities prohibited prior to permit issuance shall include,but are �� ) 184,1c) not limited to, excavation pile driving(excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures Investigator's Signature o '.....Ni disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. z Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Pevt�/term ) ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC.3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS,. INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii %i COLLIER COUNTY LAND DEVELOPMENT CODE b. Development of regional Impact Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required.Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the LDC10:82 5- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES t. building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other , information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances,codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation,grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and • LDC10:83 3787891 OR: 3985 PG: 0222 Prepared o RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, IL Magnolia Trtle Services,11C • JeJennifer ifer Fon teS 02/20/2006 at 08:54A1 DWIGHT E. BROCI, CLERI 3066 9th St North,Suite 302 COES 387500.00 Naples,Honda 34103 EEG-FEE 10.50 File Number: 601M1506 DOC-.70 2712.50 Reta: MAGNOLIA TITLE SERVICES 3066 9TH ST N #302 NAPLES FL 34103 Warranty Deed Made this / V day of 6-6itteiry ,2006 A.D. by Jimmy Quintana and Ana Quintana,husband and wife, whose address is: 7965 Preserve Circle#725,Naples, FL 34119, hereinafter called the grantor,to Angel Riquelme and Lissette Riquelme,husband and wife, whose address is: 6061 Bur Oaks Lane, Na' -- Co 9,hereinafter called the grantee: U (Whenever used herein the •-• ` •ntor" an• 4i ..-" indude all the parties to this instrument and the heirs, I-•. representatives an• • '•ns of individuals, and the successors and assigns of co po •ti•^ _ Witnesseth, that the gra or, - sum of Ten Dollars, ($10.00) and other valuable considerations, r-•-•• :.••-•, hereb rants, ba ains, sells, hereby bargains, remises, releases, convey •• fi n•• g" -:A) that certain land situate in Collier County, Florida,viz: 47- 0 The East 105 feet of T .4 1 • GOLDE ESTATES, Unit 60, according to the Plat the 4 • •lat Book 7, Page 62,of the Public Records of Collier Coun , • da. Parcel ID Number: 39658640003 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil,gas and mineral rights of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful daims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. 7- . *** 011: 3985 PG: 0223 *** • In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: —..._► — (Seal) / / Jimmy Quintana Mess Printed Name 'f fl c - t -P /„ O . .l . . �A�:,1 ,"1 - - (Seal) l,� RR ,- : inta Wittiness Prin Name _,l 4- I , X1131-- 1 n °.VH r o State of Ronda �,� {) County of Collier O 1� C� ufz l The foregoing instrument was acknowledg-�'-►..=..�� • s � day of y , 2006, by Jimmy Quingina,and Ana Quint pa,_husband and wife, who is/are personally known tb me or who has produced r,(/P{S / i r�A.S� as identification. _ / _ (SEAL) Notaq Pubic L F dPwtda N•• .'•U• / / / /-Stale ' 3 yconnds*"EVYaJu"22,20D9 ' lit Name: )e/161: ! -foil .FF l le'.?a.. Commission I DD 443810 "��.0 Bonded By National Notary Asee My Commission Expires: I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-34 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 Angel Riquelme and Lissette Riquelma 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2095 47`h Avenue N.E.,Naples, Florida,Folio 39658640003,more particularly described as The East 105 feet of Tract 80,GOLDEN GATE ESTATES,Unit 60,according to the Plat thereof,recorded in Plat Book 7, Page 62,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)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)1)(d)(i)in the following particulars: Unpermitted shed. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and 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 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)1)(d)(i)be corrected in the following manner: 1. By submitting a complete application for all Collier County Building Permits within 30 days(June 23, 2007)and pursing the application process with due diligence until the permit is issued. 2. Upon receipt of permits,by requesting all inspections and obtaining a Certificate of Completion within 60 days of the day the permit was issued. 3. In the alternative,by obtaining a Collier County Demolition Permit within 14 days(June 7,2007). 4. If a Collier County Demolition Permit is obtained,by requiring all required inspections and by obtaining a Certificate of Completion within 7 days of the day the permit is obtained. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 30 days (June 23,2007),then there will be a fine of$100 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,then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board, then there will be a fine a$100 per day for each day until the permit is obtained. 8. That if,in the alternative,the Respondents do no comply with paragraph 4 of the Order of the Board, then there will be a fine of$200 per day until the Certificate of Completion is issued. 9. 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. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.80. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4' day of ze, — ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ^� Lg Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �p• The foregoing instrument was ac owledged before me thisi"4�d�ay of`.� .. 2007,by Sheri Barnett, Chair of the Co nforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identifi • • • �.. € yPI,,3 CHRISTINALURBANDKI N�ARY 'UBLIC m COMMISSION#DD 241717 My commission expires: EXPIRES:November 22,2007 i' °= --• Thru Notary Public enaerwriters u 43iI� t i" ; t:tlgn 3Urity of COWER I 1 :;-'."'3Y CERTIFY THAT this Is a true anti <, :ry ct a oczu :;-3n.*, on file In nryj lZ:''r; "^, i of C:Svliar County 'BBS my nano ,1 4x,ii-cis s:31 this daY 41-111+ DWIGHT E. SROGK, C,LERK OFbOURT$ 0-11-41 a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail tq�. S. M it to Angel Riquelme and Lissette Riquelme,2095 47` Avenue N.E.,Naples,Florida 34120 this b day of 2007. M.Jean R son,Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. a 7- 3L1 DEPT NO. aux° Angel Riquelme II DS-Gw lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Amyl 1($cle1rY on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110569 dated the 27thday 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 may 24th, 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) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted shed built without first obtaining all Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: TA' 3 0K Submitting a complete application for all Collier County Building Permits within4 days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investi• to come out and perform a site inspection. y 000 r / -...- Respondent Michelle Arnold, Director Code Enforcement Department •oe' <V2Y/70?- 3-1/11'07 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. °(0(:)7- 3`f Angel Riquelme DEPT NO. lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Piny' ;ctu (rneon behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110569 dated the 27thday 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 may 24th, 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) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted shed built without first obtaining all Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: a P Submitting a complete application for all Collier County Building Permits within44 days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investi• - • to come out and perform a site inspection. tom- Respondent Michelle Arnold, Director Code Enforcement Department •ra (0Y/o?- Date Date REV 2/23/07 t"'\ i I /*-■ 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 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 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 May 24, 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. 2007-35 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. I 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 fro a pub 1 hearing. Dated this 29th.Day of March,2007 W Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn • (or a ed)and subscribed before this 29th day of March ,2007 by /-_ A /Ai / (Sign. e of Notary 'ub is (Print/Type/Stamp Commissioned ^ Name of Notary Public) Personally knowna—or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA K. A. Van Sickle REV 3-3-05 11 1 `Commission#DD618488 ",,„o°'Expos: NOV. 29,2010 BONDED THRUATLAN?_C;;0 DLNGCO,IAC. 2 . Case Number 2006120468 V .„4".- fi COLLIER COUNTY CODE ENFORCEMENT f NOTICE OF VIOLATION ` ler: ,, '1- OF SOUTHWEST FLORIDA,LLC Date: 1/18/2007 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AND BONITA MEDIA ENTERPR1SES,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 Twp Rng FORT MYERS FL 33912 Dist 3301 BONITA BEACH RD,SUITE 202 Legal: Block Lot BONITA SPRINGS FL 34134 subdivision Location ITINERANT OR TRANSIENT IN NATURE Folio OR Page COUNTY WIDE 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 MOTION OR THAT GIVES THE ILLUSION OF MOTION, WHETHER Ord No. 04-041,as amended Section 5.06.06[U] SAID VEHICLE IS IN OPERATION OR STATIONARY WITHIN THE Ord No. 04-041,as amended Section 5.06.06[1N] 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 DOrd No. ,as amended Section f-1Supplemental attached pi:4d No. ,as amended Section cSCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: FEBRUARY 20TH 2007 Did Witness: Failure to correct violations may result in: ON 12/14/06-VEHICLE WITH MOVING SIGN COPY THAT CHANGED 1) Mandatory notice to appear in court or issuance of a citation that 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: J JSupolemental attached ORDINANCE ATTACHED. Vrsonal Service El Certified Mail ['Posting of Property Kr"---d ❑Fax ❑Mail Signs ure and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Ca f/ ENFORCEMENT KITCHELL T.SNOW r I INVESTIGATOR: Print 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2493 F- . ° 403-2343 Dated this 18Th day of JANUARY 2007 Investigator signature 1 VIOLATION STATUS: •itial ['Recurring ['Repeat • 3• 5.06.00 SIGNS Page 18 of 21 that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.0S:K 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://libraryl.municode.com/mcc/DocView/13992/1/36/42 11/77/7nM 5.06.00 SIGNS Page 19 of 21 by, or exempted from this Code. 0. Windsigns (except where permitted as part of this section of this Code). P. Anysign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs , freestanding signs , [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Anysign which emits audible sound, vapor, smoke, or gaseous matter. T. Anysign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign , signal, or device. U Anysign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs ). V. Anysign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Anysign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X' Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said Sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Anysign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Anysign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. Nosign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs , political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatablesigns . CC. Accent lighting as defined in this Code. http://libraryl.municode.com/mcc/DocView/13992/1/36/42 11/27/2006 S ' 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/mec/DocView/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. BONITA MEDIA ENTERPRISES,LLC, BRENNAN, MANNA&DIAMOND,(Reg.Agent) Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007, 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 MMB OF SOUTHWEST FLORIDA,LLC AND BONITA MEDIA ENTERPRISES, LLC, BRENNAN,MANNA&DIAMOND,(Reg.Agent)are the owners of the subject business. MMB OF SOUTHWEST FLORIDA is no longer in existence. 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 in person and by counsel. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at itinerant or transient in nature, is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 5.06.06(U),5.06.06(W)and 5.06.06(X) in the following particulars: Vehicle with moving/changing sign copy. 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 5.06.06(U), 5.06.06(W)and 5.06.06(X)be corrected in the following manner: 1. By ceasing immediately displaying of any sign within Collier County that employs motion,or the illusion of motion,or any sign mounted on vehicle be it roof,bed,hood,truck and so on where said sign is made to attract or distract the attention of motorists for the purpose of advertising a business,product, service or the like attract or 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 or any sign which constitutes a traffic hazard or detriment to traffic safety by its size,color,movement,content,coloring,or method of illumination. The Respondent agreed to stop the motion of the sign immediately. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board,then there will be a fine of$1,000 per sighting. 3. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 7` day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: �C . / Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this$ day of ...)Jf1e_. , 200 ,by Sheri Barnett,Chair of the Cody Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. *t, """ CHRISTINA L URBANOWSKI • ,�O, `,1 _\ � . . NOTARY PUBLIC %.,.1 MY COMMISSION#DO 241717 / EXPIRES:November 22,2007 My commission expires:fires: o,f ,,?, Bonded Thru Notary Public Underwnders 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 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 54rs'llay of ys'c. ,2007. .; ;. Jean Ra son, Esq. State Of FLORIDA Florida No. 750311 :ouniy of COLUER Attorney for the Code Enforcement Board I HEREBY CERTIFY THAT ths_is a true 400 Fifth Avenue S., Ste. 300 i Florida aples, 34102 i :orrect copy of a cocumant onile In (239)263-8206 Naples,F ride 3oard Minutes and R ccrtzs of-Colller•County qpisliEss my hand and official seal this (my or r. DWIGHT E. BRO(K, CLEIZI(OF COURTS D.O. vgifialaWkdaroall.~ D f , <?.fr CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA Xv Alv. t, It • �� ptn Appeal No.: 07-2035-CA �.=-Ll. tz£ L.T. No. CEB No.: 2007-35 BONITA MEDIA ENTERPRISES, LLC, BRENNAN, MANNA & DIAMOND (REG. AGENT), Respondent/Appellant v. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner/Appellee / DIRECTIONS TO CLERK Appellant, BONITA MEDIA ENTERPRISES, LLC, directs the clerk to include the following items in the original record described in rule 9.200(a)(1): ITEM DATE FILED 1. The entire record of, and all documentation pertaining to, Bonita Media Enterprises, LLC'S May 24, 2007 hearing before the Collier County Code Enforcement Board, including, without limitation, the transcript of all proceedings, all exhibits thereto, and all documentation submitted to both the board and the court reporter by code enforcement and/or Bonita Media Enterprises, LLC. All documents reflecting the decision(s) of the code enforcement board members for the Collier County Code Enforcement Board, including without limitation, the June 4, 2007 Order against Bonita Media Enterprises, LLC. Richard S. Annun/'a, Esq. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished to the following: Jennifer Belpedio, Esq. (Attorney for Collier County and Board of County Commissioners, Florida) 3301 Tamiami Trail, E., Bldg. F Naples, FL 34112 by regular U.S. Mail this 5th day of July, 2007. BRENNAN, MANNA & DIAMOND, P.L. Attorneys for Defendants ATTEST> ~ • r n 4/:,, 3301 Bonita Beach Rd., Suite 'r• DWIGHT F,-:Aba 5 • E.t4k ::zr Li y ` � `R+ Richard S. Annunziata , Florida Bar No 007821 S , .). I1 BRENNAN, MANNA& DIAMOND, P.L. 3301 Bonita Beach Road, Suite 100 Bonita Springs, Florida 34134 Ph. 239.992.6578 Fax. 239.992.9238 C./eel(' Date: June 25, 2007 To: Clerk to the Board of County Commissioners From: Richard Annunziata Subject: C.E.B. Case No. 2007-35 BCC v. Bontia Media Enterprises, LLC I am enclosing with this letter Bonita Media Enterprises, LLC's Notice of Filing Administrative Appeal for filing in the above matter and as part of the Minutes and Records for the Board of County Commissioners and the Code Enforcement Board for Collier County. The attorney for Code Enforcement for Collier County, Jeff Klatzkow, advised,today June 25, 2007, that Collier County Code Enforcement does not have a clerk. Therefore I am filing the Notice of Administrative Appeal with the Clerk for the Board of County Commissioners. Sincerely, ii111141 Richard Ann cc: Jeff Klat.■ ow Jean Rawson Bendisa Marku CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA Appeal No.: '''' C Ver4A L.T. No. CEB No.: 2007-35 BONITA MEDIA ENTERPRISES, LLC, BRENNAN, MANNA & DIAMOND (REG. AGENT), Respondent/Appellant v. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner/Appellee NOTICE OF ADMINSITRATIVE APPEAL NOTICE IS GIVEN that BONITA MEDIA ENTERPRISES, LLC, Appellant, appeals to the Circuit Court in and for the Twentieth Judicial Circuit of Collier County the Order of the Code Enforcement Board Collier County, Florida rendered on June 4, 2007, conformed copies of which are attached hereto in accordance with FIa.R.App.P. 9.110(d) and 9.130(c). The nature of the Order is a final Order of the Code Enforcement Board for Collier County against Bonita Media Enterprises, LLC. BRENNAN, MANNA & DIAMOND, P.L. Attorneys for Defendant 3301 Bonita Beach Rd., Suite 100 Bonita S. ings, FL 34 4 4 i and S. Annu z ata / Florida Bar No. 00782 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished to the following: Jean Rawson, Esq. (Attorney for Code Enforcement Board) 400 Fifth Avenue S., Suite 300 Naples, FL 34102 Jeff Klatzkow, Esq. (Attorney for Collier County and Board of County Commissioners, Florida) 3301 Tamiami Trail, E., Bldg. F Naples, FL 34112 Sheri Barnett (Chairwoman for Board) Code Enforcement Board Collier County, Florida 2800 N. Horseshoe Drive Naples, FL 34104 Michelle Arnold (Code Enforcement Director) 2800 N. Horseshoe Drive Naples, FL 34104 Bendisa Marku (Code Enforcement Operations Coordinator) 2800 N. Horseshoe Drive Naples, FL 34104 by regular U.S. Mail this 25th day of June, 2007. BRENNAN, MANNA & DIAMOND, P.L. Attorneys for Defendants 3301 Bonita Beach Rd., Suite 100 Bonita ► gs, FL 01134 B ic-and S. Ann '"iata F .rida Bar No. 007821 • Retn: BENDISA MAUD 4030299 OR: 4241 PG: 2452 RBC FEE 18.50 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 06/08/2007 at 01:30PN DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-35 vs. BONITA MEDIA ENTERPRISES,LLC, BRENNAN,MANNA&DIAMOND,(Reg.Agent) Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 I. That MMB OF SOUTHWEST FLORIDA,LLC AND BONITA MEDIA ENTERPRISES,LLC, BRENNAN,MANNA&DIAMOND,(Reg.Agent)are the owners of the subject business. MMB OF SOUTHWEST FLORIDA is no longer in existence. 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 in person and by counsel. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at itinerant or transient in nature,is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 5.06.06(U),5.06.06(W)and 5.06.06(X)in the following particulars: Vehicle with moving/changing sign copy. 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 5.06.06(U),5.06.06(W)and 5.06.06(X)be corrected in the following manner: 1. By ceasing immediately displaying of any sign within Collier County that employs motion,or,the illusion of motion,or any sign mounted on vehicle be it roof,bed,hood,truck and so on where said sign.Is made to attract or distract the attention of motorists for the purpose of advertising a business,product,service or the like,, • r * OR: 4241 PG: 2453 *** attract or 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 or any sign which constitutes a traffic hazard or detriment to traffic safety by its size,color,movement,content,coloring,or method of illumination. The Respondent agreed to stop the motion of the sign immediately. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board,then there will be a fine of$1,000 per sighting. 3. 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. LOX DONE AND ORDERED this T day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: � /�wo+�G/ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisl'1" day of ,xN•2.. , 2OOy,by Sheri Barnett,Chair of the Cody Enforcement Board of Collier County,Florida,who is �[ personally known to me or ✓ who has produced a Florida Driver's License as identification.• +'" "' SIO / _1\�_*I) `,1�_ ,_ ' CHRISTINA L URBANOW NOTARY PUBLIC MY COMMISSION t 2 24017 EXPIRES:November 22,2007 My commission expires: [lorded Tin Noiry Prbic Undwrwlera 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 BONITA MEDIA ENTERPRISES,LLC, 17501 Stepping Stone Drive,Ft.Myers,FL 33912 and BRENNAN,MANNA&DI M�1 OND,(Reg.Agent),3301 Bonita Beach Road,Ste.202,Bonita Springs,FL 34134 this 54//lay of ,2007. Stat.OT FLORIDA •.�-� °1�4. -•'S'.,-'• ;; F1 M. can ltd son,Esq. ,ounry of COW ER '�' :Florida .• No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY TH,A?this-ta a trues* 400 Fifth Avenue S.,Ste.300 :orTect copy of a oocumestt-oa-5ile In Naples,Florida 34102 ,,,;y;,t„r, • 3oard Minutes-and Rooms of Collier•Couttty (239)263-8206 ,. '' `',_, JIWNESS my liana'arm official seal this 3taEe°of•f�t?!?IDA ��''�� day of `Count,y•.Of COLLIER • I HERBY-CERTI(1I THAT this is a true s.id Blls nji"."161ealtdivil""mb. ark ....ansgramawyg, DWIGHT E. BR06K,CLERK OF.CQURT� correct Copy of a • unrest recorded in /WIt1OOOFFICIAL,hand Ondso`fiCial Collie” seaitthts� dote, """" �,� �,IRCiI J COtMT T BR. Arfia .0 - - BY' . � • May 24, 2007 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD OF COLLIER COUNTY Naples, Florida May 24, 2007 LET IT BE REMEMBERED, that the Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Sheri Barnett Jerry Morgan Richard Kraenbring George Ponte Gerald L. Lefebvre Larry Dean Kenneth Kelly (Excused) Charles Martin Lionel L'Esperance, Alternate ALSO PRESENT: Michelle Arnold, Code Enforcement Director Bendisa Marku, Code Enforcement Operations Coordinator Jean Rawson, Esquire, Attorney for the Code Enforcement Board Page 1 May 24, 2007 CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Thank you. MR. SNOW: Thank you very much. CHAIRWOMAN BARNETT: I believe that closes out the stipulated agreements, and so now we'll move into the hearings. And it looks like the first case is going to be the Board of County Commissioners versus MMB of Southwest Florida, LLC, and Bonita Media Enterprises, LLC. MS. MARKU: For the record, Bendisa Marku, Operations Coordinator for Collier County Code Enforcement. I would like to ask if the respondent is present. MR. ANNUNZIATA: Yes. Richard Annunziata from the law firm of Brennan, Manna & Diamond on behalf of Bonita Media Enterprises. And just for the record, MMB of Southwest Florida, LLC, is no longer in existence. So we're here just for Bonita Media Enterprises today. CHAIRWOMAN BARNETT: Thank you. MS. MARKU: The respondent and the board was sent a package of evidence, and I would like to enter the package of evidence as Exhibit A. CHAIRWOMAN BARNETT: I'll entertain a motion to accept the county's packet. MR. LEFEBVRE: Accept the county -- MR. DEAN: Second. Page 16 May 24, 2007 CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Okay. MS. MARKU: Violation of ordinances, 04-41, Land Development Code as amended, section 5.06.06[U], 5.06.06[W], and 5.06.06[X]. Description of violation: Vehicle with moving/changing sign copy. Location/address where violation exists: Itinerant or transient in nature. Name and address of owner/person in charge of violation: MMB of Southwest Florida and Bonita Media Enterprises, LLC. MS. ARNOLD: We'll just correct that, that MMB is not an existing entity anymore. CHAIRWOMAN BARNETT: Okay. MR. ANNUNZIATA: If I may, I haven't received a copy of the packet of evidence given to the board. I don't know if that's something that I would normally be provided with so that I could assess it while the presentation's being made. MS. ARNOLD: It was sent with the Notice of Violation. MR. ANNUNZIATA: Oh, okay. That's it? MS. ARNOLD: That's what they're talking about, yeah. MR. ANNUNZIATA: Okay, very good. MS. MARKU: Co-owner (sic) registered agent/registered agent: Brennan, Manna & Diamond, PL, 3301 Bonita Beach Road, Suite Page 17 May 24, 2007 203, Bonita Springs, Florida, 33912. Is that correct? MR. ANNUNZIATA: Did you say co-owner? MS. MARKU: C/O registered agent. MR. ANNUNZIATA: Registered agent, that would be correct. MS. MARKU: Date violation first observed: December 14, 2006. Date owner/person in charge given Notice of Violation: January 18, 2007. Date on which violation to be corrected: February 20, 2007. Date of re-inspection: March 15, 2007. Results of re-inspection: Violation remains. At this time I would like to invite Code Enforcement Investigator Kitchell Snow. CHAIRWOMAN BARNETT: Okay. Before we get really started too far, Mr. Kitchell Snow and -- MR. ANNUNZIATA: Richard Annunziata. CHAIRWOMAN BARNETT: Richard. MR. ANNUNZIATA: I was going to say, please call me Richard. CHAIRWOMAN BARNETT: Do you think this case is going to take longer than five minutes for either of you to present? MR. ANNUNZIATA: I do. CHAIRWOMAN BARNETT: How long do you think you'll need? MR. ANNUNZIATA: I would like at least the 20 minutes to present. I mean, I don't know that I'll go that long. I certainly would like whatever -- you said more than five minutes? CHAIRWOMAN BARNETT: Uh-huh. MR. ANNUNZIATA: Yeah, I think we'd go more than five minutes. I'd like -- I have a presentation, a couple of questions, and then I think we'll be done, I mean, but -- CHAIRWOMAN BARNETT: What is the board's privy on this Page 18 May 24, 2007 MS. ARNOLD: Oh, yeah. You could do that at your time -- at that time. MR. ANNUNZIATA: Very good. MS. ARNOLD: Was there a decision from the board? CHAIRWOMAN BARNETT: Yes, it was accepted. MR. KRAENBRING: Accepted. MR. SNOW: This has been an ongoing case since last year. It involves a vehicle that has motion or movement of signs. And I want to read you the ordinances which they were cited on so we can be very clear on what they've been cited for. Sections 5.06.06[U] states, any sign which employs motion, has visible moving parts, or gives the illusion of motion, excluding time and temperature signs; any sign which constitutes a traffic hazard or detriment to traffic safety by reason of its size, location, movement, content, coloring, method of illumination or by obstructing or distracting the vision of drivers or pedestrians. X, any sign mounted on the vehicle, be it the roof, hood, truck, bed, and so on where said sign is intended to attract or may distract the attention or motorists for the purpose of advertising a business, a product, a service, or the like, whether or not said vehicle is parked or driven, excluding emergency vehicles, taxicabs, and delivery vehicles where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed or signs painted on a vehicle provided said vehicle is used in a normal -- I'm sorry -- in the course of operation of a business, which are not otherwise prohibited by this code. It shall be un -- it shall be unlawful -- it shall be considered unlawful to park a vehicle or a trailer with signs painted, mounted, or affixed on a site or sites other than that at which the firm, product, or service advertised of such sign is offered. And this is a case where the vehicle has three sides and it is changeable copy. And as you can see from the photographs -- and this Page 21 May 24, 2007 is in Collier County. This is running down Airport Road right near Exchange. And you notice the time frame of the camera. It changes approximately -- I didn't time it. Again, I was in the vehicle following it. For safety reasons I wasn't -- I was paying more attention to traffic than just trying to photograph. But as you can see, the copy does change. It does flip. There are visible moving parts within this sign, which is expressly prohibited by the code. For the record, these are in time sequence. This is clearly a violation of the code as it stands today. CHAIRWOMAN BARNETT: Okay. Is that -- Richard, it's your turn. Would you like to enter anything in for evidence, because I believe -- MR. ANNUNZIATA: We have already presented the board with a response memorandum and a whole package, and I would ask that that be made a part of the record. I have an extra copy here which I'd like to submit. I've -- what I'm submitting on the record is exactly what was -- already been presented to Michelle Arnold, the attorneys of your board. CHAIRWOMAN BARNETT: Make a motion -- or I will entertain a motion, please, to accept his packet A. MR. LEFEBVRE: Make a motion to accept his package A. MR. PONTE: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? Page 22 May 24, 2007 (No response.) CHAIRWOMAN BARNETT: Okay. MS. ARNOLD: This packet was already sent to you with your packet. MR. ANNUNZIATA: I'd like present it to the court reporter to make it part of the record. CHAIRWOMAN BARNETT: That's fine. Did you want to enter the brochure? MR. ANNUNZIATA: I do, yes. The second thing I'd like to do is -- and I apologize. I only have two of them. I'd like to present the brochure to the board. I have two of them. If we could pass them through and then make at least one of them part of the record. I'd like to do it that way as well. MS. ARNOLD: Can we see the brochure? MR. ANNUNZIATA: Absolutely. CHAIRWOMAN BARNETT: Would we like to entertain B for the respondent? Motion to accept? MR. DEAN: I make a motion to accept. MR. PONTE: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MR. ANNUNZIATA: The whole purpose is just to get a visual picture. CHAIRWOMAN BARNETT: Why don't you go ahead and pass one down so we can be looking at it at the same time. Page 23 May 24, 2007 Go ahead. It's your floor. MR. ANNUNZIATA: Very good. MS. ARNOLD: The county will just let you know whether or not we have any objections. CHAIRWOMAN BARNETT: Okay, I'm sorry. MR. ANNUNZIATA: Bonita Media Enterprises is a Florida company. CHAIRWOMAN BARNETT: Okay. Let me -- I'm sorry. MR. ANNUNZIATA: I apologize. CHAIRWOMAN BARNETT: I'm messing up today. MR. ANNUNZIATA: We're still trying to figure out if we're going to accept that? CHAIRWOMAN BARNETT: We've accept it, but we need to know whether or not they have any objections to it. MR. ANNUNZIATA: Fair enough. MR. KLATZKOW: None whatsoever. CHAIRWOMAN BARNETT: Okay. There we go. MR. ANNUNZIATA: Bonita Media Enterprises is a Florida company that's based out of Bonita Springs, which owns and operates a mobile advertising company and operates -- I apologize -- operates a mobile advertising company both in Lee and Collier County and in other counties throughout Florida. Bonita Media Enterprises owns and operates trucks which effectively have four advertising panels with three sides each which rotate at uniformly controlled intervals. Essentially, the purpose of which is to change the copy of the advertising that's on the trucks. This is done effectively while the trucks are traveling along the federal, state, and local roadways of Collier, Lee, and other counties within Florida. One of the points -- my client was cited for three sections of the Land Development Code pertaining to prohibited use of signs in Collier County. I need to bring to the Court -- to the board's attention Page 24 May 24, 2007 that my client owns no land in Collier County and no land infringement is at issue here today. Effectively, the Land Development Code that's at issue here does not -- it is our position, respectfully, that the Land Development Code does not apply and was not intended to apply to a mobile advertising company such as Bonita Media Enterprises. Section 1.04.01 of the Land Development Code specifically states that the provisions of this land development -- of this LDC, the Land Development Code, 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 Land Development Code. Clearly, I would submit this does not apply to Bonita Media Enterprises, that ordinances that are at issue, the three sections of the signs that deal -- that are listed in the Land Development Code do not apply to Bonita Media Enterprises. No land is at issue -- no land use is at issue here or property issues or development issues are involved. Second -- and I may have some questions for Mr. -- Mr. Snow as we proceed. But this is not the kind of case where we have a business owner making certain use of property and making certain use of signage on his property. And, again, I would submit that the Land Development Code does not apply to moving vehicles and traffic. It is our position -- and we have stated this in our position paper. And to the extent that -- to the fullest extent we adopt all those arguments today in relation to our position against the code enforcement violations. The State of Florida has exclusive authority over traffic enforcement, and it is our position that Florida law effectively states that it is unlawful for any local authority to pass or attempt to enforce any ordinance that's in conflict with the provisions of Florida Statutes, Chapter 316, and that no local authority shall enact or enforce any ordinance under matter covered by that section unless expressly Page 25 May 24, 2007 authorized. Traffic is defined -- the purpose of the Florida state law -- as pedestrians, ridden or herded animals, vehicles, streetcars or other conveyances either singularly or together while using any street or highway for purposes of travel. Florida law defines a street or highway as part of the entire width between the boundary lines of every way or place, or whatever nature, where any party thereof is opened to the use of the public for purposes of vehicular traffic. It is our position the state law controls traffic laws. The local body here, it is our position, has no authority to enforce the laws if the state's not granted them the power to do so. The vehicle was moving. The code enforcement officer followed the vehicle, as he testified, and issued a citation. We submit that that's not proper in this case. I have some questions for Mr. Kitchell Snow which I'll get to in a couple of minutes. With regard to the particular sections, it's our position that the Land Development Code sign ordinance, both on its face and as applied to Bonita Media Enterprises, seeks to improperly control the content of the signs of my client's trucks. For instance, and by way of example, section 5.06.06, section U, it says it effectively prohibits any signs that employs motion, has visible moving parts or gives the illusion of motion, excluding time and temperature signs. So they allow for time and temperature signs, but they don't allow for anything -- they seem to make a clear exclusion for some content here but not for others. Now, the moving of the signs -- I would submit that the sign ordinance is vague as to what is allowable. Section 5.06.06, section U, prohibits any sign which employs motion. Again, just the section I read that has visible moving parts or gives the illusion of motion, excluding time and temperature. The signs in question are programmable and effectively don't Page 26 May 24, 2007 have moving parts -- moving -- they are not moving signs. They -- effectively the movement is to change the copy. They do not scroll. It takes less than one -- probably less than one second to flip, and they do not employ motion for the purposes of attracting attention, but rather, again, to change copy. Section 5.06 -- the second section which they were cited under, 5.06.06, section X, excludes signs mounted on a vehicle impermissibly excluding certain vehicles, for example, taxicabs, that are intended to attract or may distract the attention of motorists for the purpose of advertising. I submit to the board that all signs on trucks are intended to attract motorists and to attract attention for advertising purposes. I would also submit that section 5.06.06 is vague and unenforceable under Florida state law. The language reads that 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. That's what it seeks to prohibit. There's no evidence that our signs caused a traffic safety issue. And further, there was no evidence suggesting that the officer had any training in -- or authority to go ahead and issue a citation for my client moving through the roadways of Collier County on a truck which has advertising which has no connection to the land or has any land use implications that the code in question here is designed to address. I have some questions for Mr. Snow, which I'll get to -- I'd like to just end with my questions for him, if possible. But finally, overall, I would point out that there are recent federal holdings -- and I understand there's some limitations here with what we can address and what we can't address with regard to constitutional issues, but there are recent holdings in federal court clearly which support that each of the sign ordinances at issue improperly regulate the content of my client's advertising -- in violation of my client's Page 27 May 24, 2007 constitutional guaranteed rights relating to commercial speech. We've outlined those arguments in writing for the record. Hopefully the board has taken that into consideration. But, effectively, overall, our argument is that the Land Development Code doesn't apply to moving vehicles. The board -- the county does not have the ability, or I should say, the code enforcement officers do not have the ability to go ahead and to enforce traffic laws. And at this point I'd like to ask a couple of questions of Mr. Kitchell Snow if possible. CHAIRWOMAN BARNETT: Go ahead. MR. ANNUNZIATA: Just for the record. Mr. Snow -- there's something else I'd like to bring to the attention of the board, if I may, before I do that. There is a section under 5.06.05 dealing with signs exempt from regulations. It says, in addition to those signs identified elsewhere in this code, the following signs are exempt from the permit requirements of this code and shall be permitted in all districts subject to the limitations set forth below. In subparagraph S it says, copy changes for shopping centers, theaters, billboards or marquees that have routine changes of copy or are specifically designed for changes of copy. I would submit that that is -- we fall within that exemption with regard to -- especially billboard signs with marquees, along those lines. There are exemptions that -- an exception that's in place dealing with copy changes for advertising, so -- Mr. Snow, when did you first see the vehicle which is the subject of the violation, the alleged violation here today? MR. SNOW: According to my Notice of Violation, 12/14/06. MR. ANNUNZIATA: And where did you see the vehicle? MR. SNOW: I don't recall at this time. I -- I don't know where I saw it. It was in Collier County. MR. ANNUNZIATA: Was it moving or was it parked; do you Page 28 May 24, 2007 recall? MR. SNOW: It was moving. MR. ANNUNZIATA: You indicated that you followed the vehicle for safety purposes. MR. SNOW: No, sir. That's the second time I viewed it or third time I viewed it. MR. ANNUNZIATA: That's the second or third time that you viewed it? MR. SNOW: Yes, sir. Then I -- when I followed it and took the photographs. Various times throughout the case we received reports that it was operating in Collier County, but as you know, I have to witness the violation, so there was nothing I could do till I witnessed the violation. MR. ANNUNZIATA: All right. But you indicated -- but your testimony earlier before the board was that you followed it for -- at one point in time you followed the vehicle for safety purposes; is that correct? MR. SNOW: No, sir. I followed it to take photographs. MR. ANNUNZIATA: Okay. Well, I thought you said specifically that you followed it for safety reasons. That was your -- I thought that's what you said earlier. All right. CHAIRWOMAN BARNETT: If you want clarification of that, we can have the court reporter read back what he stated, but I think what he was referring to is he was paying attention to the traffic for safety reasons while he also was taking pictures. MR. ANNUNZIATA: That's fine. His testimony is what it is. How did you determine the amount of time it took for the sign -- oh, you said you didn't really clock how long it took to change the signs? MR. SNOW: That is correct, I did not clock. The photographs have the time and the date on them, so that's how -- the documentation that they were revolving, moving. I had motion of the illusion, motion involved. Page 29 May 24, 2007 MR. ANNUNZIATA: In your Notice of Violation, you state that the sign copy created a traffic hazard through the attraction or distraction of the motorized public. What do you base your conclusion that a traffic hazard occurred as a result of my client's signs? MR. SNOW: That's what the Land Development Code says, section 5.06.06. Shall I read it for you again, sir? MR. ANNNUNZIATA: No. I was asking you, what do you base your conclusion that a traffic hazard occurred? MR. SNOW: 5.06.06[W]. MR. ANNUNZIATA: All right. What you do you base your conclusion that the motorized public was attracted (sic) to the sign? MR. SNOW: Again, 5.06.06[W]. MR. ANNUNZIATA: Okay. And what do you base your conclusion that the motorized public -- I'm sorry -- was distracted by the sign? MR. SNOW: Personally, sir, I was distracted by it when I was driving behind it trying to photograph what was going on. It was flipping. It was very, very distracting. It had six or eight panels on each side. It was flipping constantly in different ads. MR. ANNUNZIATA: The question that I asked you was, what do you base your conclusion that the motorized public besides -- I'm not talking about you -- was distracted by the sign? MR. SNOW: I am the -- I was motorized at the time that I took the photographs, so I think I'm allowed to have an opinion on, was it distracting or not distracting. MR. ANNUNZIATA: Do you have any special training for the issuance of traffic violations? MR. SNOW: Be more specific, sir. I can issue parking citations, but this is not an issue of traffic. This is an issue of a sign. MR. ANNUNZIATA: I know, but I'm asking you a question specifically. Do you have the -- do you have special training for the Page 30 May 24, 2007 issuance of traffic -- moving traffic violations? That's, I guess, what I'm suggesting. MR. SNOW: No, I can't issue any citations for moving traffic. MR. ANNUNZIATA: Okay. Have you been trained or received any training to -- in connection with the performance of your job -- have you received any training to perform your job according to any training approved by the criminal justice standards and training commission? MR. SNOW: I'm -- I'm Florida Association of Code Enforcement level one certified, which, Statute 162, if I wasn't, the county gives me that authority. MR. ANNUNZIATA: Okay. But -- so that's the extent of your MR. SNOW: Florida Association of Code Enforcement, yes, sir. MR. ANNUNZIATA: Okay, all right. MR. SNOW: And also I'm certified by the county through the code enforcement department. MR. ANNUNZIATA: Do you know whether the form of the notice to appear today is consistent with state traffic court rules and procedures established by the department of transportation? MR. SNOW: I can't comment on that -- I can't comment on that, sir. This has nothing to do with traffic. MR. ANNUNZIATA: Just -- all I'm asking is some questions. I just ask that you answer the questions I ask. I'm just -- do you have any specialized equipment within your vehicle, flashers, sirens, reflective vests, et cetera, that could be used to divert traffic? MR. SNOW: I have flashers and a vest, yes. MR. ANNUNZIATA: All right. Could you issue a speeding ticket or other traffic violation? MR. SNOW: No, I could not. MR. ANNUNZIATA: Okay. If my client had a sign -- just bear Page 31 May 24, 2007 with me one sec. If my client's sign switched between time and temperature, would there be a violation of section 5.06.06[U]? MR. SNOW: No, sir. I believe U is excluding time and temperature signs. MR. ANNUNZIATA: Okay. If under -- excuse me. Just bear with me. Just bear with me one moment. At this time I have no further questions but just would reiterate, again, that we just don't believe, and it's our position, that the Land Development Code does not apply in this case. CHAIRWOMAN BARNETT: Okay. County Attorney seems to want to say something. MR. KLATZKOW: What we have here is a movable billboard. That's his business, all right. And nobody's disputing that. I've put up on the monitor an excerpt from his packet, from his exhibits, and his business is to get people who are driving to look at his signs. That's the business, all right. And the truck drives around Collier County or elsewhere targeting the audience so that people who are driving look at the signs, not at the road, but at signs. It's a violation of three of our ordinances, and Mr. Snow has outlined that. It is a sign that employs motion and has visible moving parts. That's a violation of subchapter U in front of you. It's a sign that constitutes a traffic hazard. It's geared to get the public to look at it, all right. That's the whole business. This isn't somebody's business on a van, Joe's Plumbing Shop. This is a guy who goes out with a fleet of trucks, movable signs, to get people who are driving to look at his truck, and it's a clear violation of W. By its terms, it's a clear violation of X on the sign's intending to attract, and may distract the attention of the motorist, the purpose of advertising a business, product, service or the like. Now, the arguments made that for various reasons, whether it be constitutional or an issue that the state preempts it through statutes, Page 32 May 24, 2007 that the ordinance is not valid. That's not before you. We've got other venues for that, all right. And whether the violator decides to take that up to the state court level, the federal court level, it's his prerogative. But this is an ordinance duly adopted by the Board of County Commissioners after extensive public hearings, since this went through the land development process, that the people of Collier County want, all right. We don't want to be Las Vegas. We don't want to be South Beach, all right. We have a strong sign code because we have a certain desirability for the aesthetics and the character of the community that we live in. We've proven our case just with the packet he gave you, all right. We don't even have to say anything. He's not denying that he's moving his trucks through Collier County. He's just saying that our ordinances are not valid. That's not for you to decide. You're simply here to find out whether or not, based on the evidence you are presented, he violated our ordinance. And if so, to take whatever action you deem appropriate. MS. ARNOLD: I'd like to just add that the motion of the signs is what we're bringing before you. The fact that he has advertising on his truck is not what the issue is. Motion of those advertisement is the issue. CHAIRWOMAN BARNETT: Okay. Do you have any rebuttal? MR. ANNUNZIATA: Again, the -- it's -- the fact that the ordinance is not valid under the Florida -- I'm sorry -- Florida and/or federal constitution, that is one of our arguments. But another argument that we have is that the Land Development Code in and of itself does not apply to moving traffic such as this. Again, there's no land at issue here. CHAIRWOMAN BARNETT: Okay. Can you address that statement? Page 33 May 24, 2007 MR. KLATZKOW: The growth management act requires us to put our sign ordinances in the Land Development Code. That's just why it's there. Many signs concern land obviously. If you go into a mall, you see the signs there in front of businesses, and so all counties and local governments in this state put their sign ordinance in the Land Development Code. It's just where it goes. MS. ARNOLD: And the question is whether or not we have an ordinance in place that says, can you have moving signs. The argument as to whether or not it's in -- should be in the Land Development Code is not one that is being brought to you nor is it one that you really have jurisdiction over making a determination. That's something that he needs to argue in the courts if that's -- CHAIRWOMAN BARNETT: I think he's trying to state that because he's got a vehicle, that it doesn't fall under the Land Development Code. That's my understanding of what he's trying to say. MS. ARNOLD: The Land Development Code addresses vehicles as well as -- CHAIRWOMAN BARNETT: The signs on the vehicle -- MS. ARNOLD: -- on land. CHAIRWOMAN BARNETT: -- and that's where he was -- I'm questioning -- MR. KLATZKOW: It's any sign. That's just where -- that's just where the sign ordinance goes pursuant to state statute. CHAIRWOMAN BARNETT: Okay. MR. DEAN: One quick question. The zoning district, does it not include the roads also? MR. KLATZKOW: Well, yes. The zoning district would include the roads. MR. DEAN: I mean, that's how I read it, that zoning district counts all the land around it, in that area, plus the roads. MR. KLATZKOW: Roads fall within the zoning district, but I'm Page 34 May 24, 2007 not sure this -- this is not a zoning issue. MR. DEAN: I understand that. I'm just asking for clarification. MR. KLATZKOW: Yes. MR. DEAN: Thank you. CHAIRWOMAN BARNETT: Okay. MR. ANNUNZIATA: I would just -- can I add one more thing? I mean, the argument made, this is not Las Vegas, we don't want to be South Beach and things like that, I mean, aesthetically I think my client's truck is one of the finest out there. It's done tastefully. No one contests the fact that there's, you know, true legal advertising out there on the trucks. Done in a tasteful manner in a way to expose advertising and to do so in a way that is aesthetically pleasing. My client's goal is not to create a Las Vegas type atmosphere, all right, and never was. And the issue of movement is -- I would submit, is minimal at best. You have a situation where, again, copy is changing on a truck that is advertising and changes, I would submit, in a way that is done rather quickly and with the least -- is no traffic hazard -- and there is no evidence before this board today of any kind of traffic hazard caused by my client. CHAIRWOMAN BARNETT: Jean, I've got a couple questions to you, I think, that I posed earlier to you -- MS. RAWSON: Yes. CHAIRWOMAN BARNETT: -- in regards to this. Because having read through this and having some background knowledge in what I'm married to, which is a law enforcement officer, I wanted to get your opinion on, would this be a moving violation for traffic court or does this really fall, in your opinion, under the Land Development Code and sign ordinance? I'm having a little bit of a time wrestling with this one. MS. RAWSON: I don't know whether there is a moving violation because I think a moving violation is, you know, when we Page 35 May 24, 2007 get caught speeding. Is it a traffic offense? It might be. You know, these are very, very interesting legal arguments, both sides. There are a lot of these legal arguments that you don't have the power to make a determination on. I think that you have to look at our county ordinance and decide whether or not there's been a violation of that county ordinance knowing that the sign code is a part of the Land Development Code for whatever reason. There's nothing in there that prohibits you from still looking at the sign code and deciding whether there's been a violation. There's going to be an interesting outcome probably further down the line. There are maybe constitutional issues, which is certainly far beyond your scope. There may be other violations. But your job is only to look at our -- CHAIRWOMAN BARNETT: Okay. MS. RAWSON: -- our code and decide whether there's been a violation. That's really all you can do. CHAIRWOMAN BARNETT: With that in mind, because I understand where my thought processes are going there, how -- do we have the jurisdiction to cite someone that does not live in our county, that's property doesn't exist in our county other than moving through? MS. RAWSON: I think we do it all the time. CHAIRWOMAN BARNETT: Yeah. MS. RAWSON: This is Naples. Nobody lives here. CHAIRWOMAN BARNETT: I mean, the actual physical -- the physical sign though does not reside here. It moves through, so it may or may not be here at certain times. MS. RAWSON: That's true. And I might remind you that you have, actually not too long ago, found somebody in violation of an ordinance, and we didn't have any land to attach it to. CHAIRWOMAN BARNETT: Okay. MS. RAWSON: You might recall not too long ago. There was Page 36 May 24, 2007 no land to attach that to, and you found there was -- that a violation of our code existed. So while I think this whole case is extremely legally CHAIRWOMAN BARNETT: Interesting. MS. RAWSON: -- interesting -- CHAIRWOMAN BARNETT: It's pretty cut and dry on our end, I think. MS. RAWSON: You just don't have the power to be the Supreme Court here today. CHAIRWOMAN BARNETT: Okay. MS. RAWSON: You have to be the Code Enforcement Board of Collier County and just decide whether or not there's been a violation of our code. CHAIRWOMAN BARNETT: Okay. Thank you. MS. ARNOLD: Madam Chairman, I just wanted to point out to you that in paragraph X, which was cited, it refers to signs mounted on vehicles. CHAIRWOMAN BARNETT: Okay. MS. ARNOLD: And so the Land Development Code -- CHAIRWOMAN BARNETT: Does actually cover it. MS. ARNOLD: -- actually covers it. CHAIRWOMAN BARNETT: All right. Thank you. At this time then if there's -- unless anybody has some other questions, somebody took the floor, I'll close the public hearing and go to the board's discussion. Is that in agreement with everyone? Okay. MR. LEFEBVRE: Yes. CHAIRWOMAN BARNETT: Public hearing is closed. Discussion amongst the board? MR. DEAN: I'll be happy to be first up. I do feel that there's a violation, and X certainly states that and also U, with moving parts, and so I feel there's a violation there. CHAIRWOMAN BARNETT: I'm in agreement with you. Page 37 May 24, 2007 MR. PONTE: Yeah, totally. It's -- the copy changes, and that's the movement we're talking about, the movement of the copy. MR. MORGAN: I agree there's a violation and a traffic hazard. CHAIRWOMAN BARNETT: Anybody want to put that in the form of a motion for finding of fact? MR. KRAENBRING: I make a motion that a violation does exist. CHAIRWOMAN BARNETT: Do I hear -- MR. LEFEBVRE: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Okay. Remedy? MR. KRAENBRING: Do we have a recommendation CHAIRWOMAN BARNETT: Do we have a recommendation from the county? MR. SNOW: Yes, ma'am. The recommendations are to cease displaying any sign that employs motion, the illusion of motion, or any sign mounted on vehicle, be it roof, bed, hood, truck, and so on, where said sign is made to obstruct or 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, or any sign which constitutes a traffic hazard or detriment to traffic safety by its size, color, movement, content, coloring, or method of illumination. Fines of$1,,000 a day will be imposed until such time as both respondents' entities provide through their authorized agents sworn Page 38 May 24, 2007 statements attesting that such signs are no longer being used in Collier County. After such sworn statements are provided to the county, a fine of$5,000 per sighting will be imposed. CHAIRWOMAN BARNETT: Would you like to put that on the screen for us, please. MR. SNOW: Yes, ma'am. CHAIRWOMAN BARNETT: Any comments? MR. PONTE: Yes, I do. I think that it looks all right, but I think that we ought to just add something to tighten it up, cease displaying any sign that employs motion, yackety-yak, all that sure when their vehicle is in Collier County. MR. KRAENBRING: Well, I don't think we can go beyond our jurisdiction. MR. PONTE: No, we're not. What I'm saying is, if-- when you're in Collier -- if the same vehicle was driving through Collier County and the sign was not in any kind of motion, it wouldn't be in any violation. MR. LEFEBVRE: It still wouldn't be -- MR. PONTE: Not if the copy's not moving. MR. KRAENBRING: Right, exactly. MR. LEFEBVRE: Yes. According to X -- MR. KRAENBRING: So you're asking, George, to have -- MR. PONTE: To make clear that what we're talking about is, where it says cease displaying any signs, et cetera, that we're talking about cease displaying that in Collier County. CHAIRWOMAN BARNETT: And is it correct that as long as the sign is not moving, if it were on the side of the board (sic) and it did not change copy, it would be okay? MR. SNOW: Yes, ma'am, that is correct. And I need to put the -- pay operational costs in the amount of$433.70 in this case. I need to add that. CHAIRWOMAN BARNETT: Is everybody comfortable with Page 39 May 24, 2007 the signage fines amount? Because I'm a little concerned that that's excessive in comparison to other signage issues that we've had. Any comments? MR. PONTE: Well, it is -- I agree, it is high. I'm just trying to scan this to see how much time the respondent has to stop, to cease. Immediate? MS. ARNOLD: I would think he could because we've had meetings with the respondent, and he indicated that he can time when the copy changes and those types of things, so he can shut it off as well as time it. MR. PONTE: I agree. So perhaps that should be here as well, cease -- immediately cease displaying. MR. ANNUNZIATA: Since Ms. Arnold has brought up the idea that we had had a meeting and talked about certain options -- I mean, I know you are at a different phase of discussion at this point, but -- CHAIRWOMAN BARNETT: Right, and technically it's closed, but I did have a question, is, are the signs able to be turned off? MR. ANNUNZIATA: The signs are not only able to be turned off, they're also able to be controlled as to interval of time and changing of copy. CHAIRWOMAN BARNETT: So if you were in Collier County, you wouldn't be able to flip them. MR. ANNUNZIATA: If you were in Collier County you could stop them, from what I understand, or you can have the -- have a interspurt (sic) -- you know, you could have the timing of the rotation being done at a time -- at any interval that you can set the -- CHAIRWOMAN BARNETT: They're not allowed to have any flipping signs or moving signs other than a time and temperature sign in Collier County, so they would not be able to be moved, just to make it clear. MR. KRAENBRING: Yeah. I think that becomes a slippery slope as to when you could change the sign. Could you pull over to Page 40 May 24, 2007 the side of the road in a protected area where you couldn't be seen and flip them? There's no way of enforcing that. CHAIRWOMAN BARNETT: Right. MR. KRAENBRING: If it is just one sign on the truck that is not having motion, intentionally or unintentionally, distracting the motorist, then fine. But otherwise, I don't see how it could possibly been enforced. CHAIRWOMAN BARNETT: Right. MR. KRAENBRING: As far as adding immediately cease or -- that's fine. If that's good for George, I mean, that's good for me. It just sort of tightens it up. As far as it being in Collier County, that is our jurisdiction, so I don't think that language is particularly necessary, although we can put it in there if it works for other people on the board. But otherwise, I would make a motion to -- CHAIRWOMAN BARNETT: You agree with the fining amounts? MR. PONTE: Yeah, I think that we ought to address that. I think $1,000 a day, seeing that there is no hazard, haste, you know -- if it's not happening, it's just not $1,000 a day fine. I think if we did 250 it would be probably more -- MR. KRAENBRING: The issue that I don't have with the fine is that this can be immediately complied with. This is not a matter of going out and getting a permit and then altering the condition of trucks. MR. PONTE: That's true. MR. KRAENBRING: They can just turn the switch off. MR. PONTE: Yes. MR. KRAENBRING: So let them turn the switch off and there won't be any violation and they won't be fined. MR. PONTE: That's true. Turn it back on, just as fast -- MR. KRAENBRING: There's your fine. Page 41 May 24, 2007 MR. PONTE: -- it's going to cost you 1,000. MR. KRAENBRING: Yep. So -- because it's going to be real easy for somebody to turn that switch on by accident. So again, I will make a motion that we accept the recommendations of the county as presented. MR. PONTE: I think that's good logic. I'd agree to that. MR. DEAN: I'll second. CHAIRWOMAN BARNETT: Okay. Do you want to include though the few changes that George -- MR. PONTE: Yeah. I'm just talking about the fine. I think the fine stays at 1,000. CHAIRWOMAN BARNETT: Right. MR. PONTE: But I think immediately cease. MR. KRAENBRING: Okay. MR. PONTE: Don't drive the truck out of the lot from here with the signs in rotation. MR. KRAENBRING: Then I will amend my motion, make a motion that we add, before the word cease, immediately cease displaying any signs, so on and so forth. Make a motion to accept that of the county. MR. DEAN: I'll second that. CHAIRWOMAN BARNETT: The county manager had a -- MR. KLATZKOW: Not county manager yet. MR. KRAENBRING: And operational costs. CHAIRWOMAN BARNETT: Attorney, I'm sorry. MR. KLATZKOW: And hopefully never to be. He's got a very hard job. Just for purposes of clarity, we're asking for a fine of$5,000 a day if we catch him, and the idea being that we're trying to take the economic incentive out of him going around hoping that he can get away with it, because it's very hard for our code inspectors to be driving along and actually run into him as he's doing business. It's not Page 42 May 24, 2007 like he's got a fixed location that we can go to. And so the question -- the request was $1,000 a day until he gives us an affidavit saying he won't do it anymore, but we can get rid of that if you want to. Simply cease immediately, cease and desist, and that gets rid of that. But if we catch him, we're asking for $5,000 only because they're in the business of driving through different places, and they may feel that if the sign isn't sufficient that, from business standpoint, they'll take the risk, and we're trying to take that equation out of it. CHAIRWOMAN BARNETT: Okay. I have a motion on the floor and I also have a second. Did we want to amend or change those motions? MR. ANNUNZIATA: For the record, I would object to the request. I mean, I don't know -- I don't know if I'm closed or if I'm out -- able to speak or not, but for the record, I'm -- I have to say that that -- that what they're asking for is the absolute maximum. My guy is -- I don't know that he's reached a level of-- to warrant such a harsh penalty. CHAIRWOMAN BARNETT: Understood and taking it into context is why I'm going back to the board now, and it is closed to public hearing. MR. ANNUNZIATA: Yes. MR. KRAENBRING: But I know that we're not addressing public, but just don't do it and you won't be fined. MS. ARNOLD: Well, I think what the county attorney wanted to point out -- CHAIRWOMAN BARNETT: It's not $1,000 a day -- MS. ARNOLD: -- for clarification -- CHAIRWOMAN BARNETT: -- it's $5,000. MR. KRAENBRING: Right. I understand that. MS. ARNOLD: Right. CHAIRWOMAN BARNETT: And I personally still have a little Page 43 May 24, 2007 bit of an issue with -- I can see the $1,000 going away if they immediately cease and desist. MR. PONTE: Well, now that we've focused on that part, I agree with that. The 5,000 is too high. I mean, it's -- CHAIRWOMAN BARNETT: I can go -- MR. PONTE: It's at maximum. And you know, the -- I don't know what the respondent charges his advertisers, but let's suppose he charges them 250 or $500 a day for a display. I doubt it's that much. A fine of$5,000 for sighting is accessive. CHAIRWOMAN BARNETT: But, again, we have a motion and we have a second, unless the gentleman to my right would like to amend his motion, we need to call it. MR. PONTE: I'd like to ask my colleague to reconsider that because I don't think we were looking at the 5,000. MR. DEAN: Well, amend the motion. You can amend the motion. MR. KRAENBRING: Well, I would amend the motion based on, if we have immediately cease, then we're taking out the sworn statement of-- MS. ARNOLD: Can I just point out, what the county was looking for is some assurance from the respondent that they were going to stop, because we're in communication with them. They can tell us whether or not they are going to stop doing business in Collier County with the motion. And -- CHAIRWOMAN BARNETT: Michelle? MS. ARNOLD: And upon receipt of that is where that $1,000 -- or if you modified to another lower amount. CHAIRWOMAN BARNETT: The county stated that they could withdraw that because we're saying immediately cease. MS. ARNOLD: Okay. CHAIRWOMAN BARNETT: I would like to get this motion either pulled from the floor or amended because otherwise I need to Page 44 May 24, 2007 call for a vote. MR. KRAENBRING: I'll just ask one other question of the county. From a point of enforcement, is it better to have that document, that affidavit, from the respondent? MR. KLATZKOW: I don't think there's a matter of great concern to me. I mean, I think your approach is fine. MR. KRAENBRING: Okay. MR. KLATZKOW: And just -- if it was 5,000, we'd have to come back to this board anyway and you could reduce it at that time. MR. KRAENBRING: I think that's something that we've done in the past. CHAIRWOMAN BARNETT: I don't want to -- well. MR. LEFEBVRE: One other question. CHAIRWOMAN BARNETT: Go ahead. MR. LEFEBVRE: Could we get a statement here on record from the respondent stating that he would not drive through with the signs in motion; would that be acceptable? MR. KLATZKOW: That would be fine. It's up to -- MR. LEFEBVRE: Versus an affidavit. MR. ANNUNZIATA: I would like the opportunity to talk with my client. CHAIRWOMAN BARNETT: Go ahead. We still have to keep crafting this, so take your time. Currently I have a motion and I have a second. Would you like me to table it or -- would you like to have a vote or do you want to table? MR. DEAN: Well, I can withdraw my second. CHAIRWOMAN BARNETT: Thank you. MR. KRAENBRING: Withdrew the second? CHAIRWOMAN BARNETT: Yeah. MR. KRAENBRING: For purposes of expediency, I'll withdraw the motion so we can just finish crafting this and then we'll just Page 45 May 24, 2007 resubmit it. CHAIRWOMAN BARNETT: Thank you. MR. KRAENBRING: I mean, as I look at this now, maybe I would feel more comfortable with something in writing that says they're going to, you know, cease and desist. I don't know whether -- is it $1,000 from today, they have to have this by the end of the day to you? CHAIRWOMAN BARNETT: We're crafting it. Don't ask the county. MR. KRAENBRING: Well, I guess that's an open question to the rest of the board, too. MR. LEFEBVRE: Let's see what we hear from the respondent. CHAIRWOMAN BARNETT: Did the -- do you guys have a decision as to whether or not you would say on record that you would not move the signs? MR. ANNUNZIATA: My understanding is that my client will agree to shut the signs off while he's traveling through the unincorporated areas of Collier County, which I believe is your jurisdiction, and will do so effective tomorrow, from what I understand. MR. McLEOD: I have to get to the vehicle. MR. ANNUNZIATA: We're going to need some time. However, we do have some concerns that, you know, look, in life and in business, accidents happen. Things happen, and sometimes they're not intentionally done. To the extent that -- you know, we don't want to feel like we're being hunted down -- or actually, I should say my client doesn't want to feel like he's being hunted down, and certainly we'll abide by the board's order pending, you know, the appellate process and whatever process we're going to be dealing with from here on out. CHAIRWOMAN BARNETT: Okay. MR. ANNUNZIATA: But I just wanted to put that on the record Page 46 May 24, 2007 as well so that the board is understanding where we're coming from. CHAIRWOMAN BARNETT: We understand. Thank you. MR. KRAENBRING: So we're looking at possibly reducing the per sighting fine? CHAIRWOMAN BARNETT: Yes. MR. KRAENBRING: Does anybody on the board have a thought as to where it ought to be? MR. DEAN: I'm sorry. I didn't hear you. What are you saying? CHAIRWOMAN BARNETT: We're looking at changing the per sighting sign from 5,000, because that is our maximum fine, and I don't think this really consti -- there are several board members that have felt that this does not constitute that grave of a mark. MR. PONTE: I'll add another thought to that, too. If the 5,000 were to be there, it's almost like putting a bounty on the respondent as a, okay, we can just wait until somebody does have that little accident. So the 5,000 is excessive. MR. KRAENBRING: Were we comfortable with our first thought of that 1,000? MR. PONTE: Yes. MR. KRAENBRING: Okay. MR. LEFEBVRE: I would be in agreement with 1,000 also. MR. PONTE: Okay. MR. KRAENBRING: I think that maybe is where we thought it was headed until the clarification from the county attorney, so I would agree with that, too. CHAIRWOMAN BARNETT: Okay. You want to form that into a motion then? MR. KRAENBRING: Make a motion that we're going to accept the county's recommendation with this alteration, we're going to still say immediately cease displaying any signs, and then we're going to be eliminating the sentence, fines of$1,000 per day will be imposed until such time as both respondents' entities provide either authorized Page 47 May 24, 2007 representatives' sworn statements attesting that such signs are no longer used -- being used in Collier County. We'll strike that. And then we're going to change the last sentence from $5,000 per sighting to $1,000 per sighting. And that's my motion, plus operational costs of whatever it was. MR. MORGAN: $433. MR. DEAN: Seventy cents. MR. KRAENBRING: And immediately cease. CHAIRWOMAN BARNETT: Do I hear a second? MR. DEAN: Second. MR. PONTE: I'll second. CHAIRWOMAN BARNETT: All those in favor? MR. MARTIN: Aye. MR. MORGAN: Aye. MR. KRAENBRING: Aye. CHAIRWOMAN BARNETT: Aye. MR. PONTE: Aye. MR. LEFEBVRE: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: That's where it stands. So if you understand, we immediately cease the movement -- MR. DEAN: Operational costs. CHAIRWOMAN BARNETT: -- of the signs. And if you are sighted with it moving in Collier County, it will be $1,000 a day fine, plus operational costs. MS. RAWSON: Is it a $1,000 a sighting or -- per sighting? CHAIRWOMAN BARNETT: Per sighting. Okay. That's where we stand, thank you. MR. ANNUNZIATA: Thank you. MR. KLATZKOW: Thank you. MR. SNOW: Thank you. Page 48 G2 BRENNAN, MANNA & DIAMOND, 3301 Bonita Beach Road • Suite 100 • Bonita Springs,FL 34134 Phone(239) 992-6578 • Facsimile(239) 992-9328 Scott W.Duval direct dial: (239)992-8631 p., ,swduval(a bnidpL co April 19, 2007 Via Hand Delivery Ms. Bendisa Marku Operations Coordinator Collier County Code Enforcement Community Development and Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Collier County Board of County Commissioners v. MMB of Southwest Florida, LLC and Bonita Media Enterprises, LLC Dept. Case Number 2006120468 CEB Case Number 2007-35 Dear Ms. Marku: • In response to the Notice of Hearing for the above referenced case, enclosed please find fifteen (15) copies of our memorandum of response. Due to the extremely late receipt of notice of this hearing, please accept this letter as a second request for a continuance to the May 24, 2007 meeting date (reminder that you may want to correct the date on the web as it indicated the 22nd was your next meeting). I continue to reserve all rights that my client has, including his right to due process and the right to a meaningful response, related to this matter. I appreciate your continued consideration. Please do not hesitate to contact me should you have any questions in the meantime. Sincerely, Scott W. Duval cc: J. McLeod (via email) M. Jackson (via email) Jacksonville,FL ♦76 S.Laura Street ♦Suite 2110 *Jacksonville,FL 32202 *Phone:(904)366-1500 *Fax:(904)366-1501 Akron,OH ♦75 E.Market Street *Akron,OH 44308 *Phone:(330)253-5060 •Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org BRENNAN, MANNA & DIAMOND 3301 Bonita Beach Road • Suite 100 • Bonita Springs,FL 34134 Phone(239)992-6578 • Facsimile(239) 992-9328 Scott W.Duval direct dial: (239)992-8631 swduval@bmdpLcom MEMORANDUM OF RESPONSE RE: Collier County Board of County Commissioners, Petitioner VS. MMB of Southwest Florida, LLC and Bonita Media Enterprises, LLC, Respondents CEB Case No. 2007-35 Please accept this memorandum in response to the Notice of Hearing for the above referenced matter. The purpose of this memorandum is to provide certain background information in relation to the Notice of Violation dated January 18, 2006 as it relates to the Respondents defenses. While we understand that the Code Enforcement Board does not have jurisdiction to hear any statement, argument or evidence alleging any conflict with the State or Federal Constitution, State Statutes, prior court decisions or the like as referenced in Article IX of the Rules and Regulations, some of the information presented herein addresses such topics but is important to present the issues as part of our defenses as a whole in order to preserve an accurate record. We will not request the Board make any ruling other than on finding of fact and conclusions of law, however; nothing contained in this memorandum shall be deemed a waiver, either voluntary or otherwise, of any rights, at law or in equity, the Respondents may have, including the right to due process under the law. First, I would like to establish the time line of this matter. Sometime during the first week of January, Respondent, MMB of Southwest Florida, LLC received a Notice of Violation Page 2 issued by Investigator Kitchell T. Snow and dated December 18, 2006 for alleged violations occurring on December 14, 2006 and requiring the matter be corrected on or before December 21, 2006 (the "First Notice"). A copy of the First Notice is attached hereto as Exhibit "A". The First Notice was postmarked December 26, 2006, almost a full week after the alleged violation was to be corrected. A copy of the postmarked envelope is attached hereto as Exhibit `B". In response to receipt of the First Notice, on January 9, 2007, I sent a letter to Investigator Snow pointing out the deficiencies in his notice, as well as our contentions related to the violation itself. A copy of that letter is attached hereto as Exhibit "C". After telephone conferences with Michelle Arnold, it was agreed that the Notice of Violation would be re-issued providing until February 20, 2007 to correct the alleged violation (the "Second Notice"). A copy of the Second Notice is attached hereto as Exhibit "D". The Second Notice was issued with the understanding that we would provide Michelle Arnold with documentation supporting our position, which we provided in a letter dated February 19, 2007, a copy of which is attached hereto as Exhibit "E". It was our understanding that we would receive some written response, other than a Notice of Hearing. Respondents then received a Notice of Hearing on April 17, 2007 (with this office apparently receiving the notice on April 16, 2007). I responded with a letter dated April 17, 2007 to Michelle Arnold and Bendisa Marku objecting to, once again, defective notice, a copy of such letter is attached hereto as Exhibit "F". In the afternoon of April 17, 2007, I received a telephone call from Michelle Arnold and Bendisa Marku indicating receipt, by facsimile, of my letter earlier that day and informing me that our office had received the notice on April 16, 2007, despite the fact that it had, supposedly, been placed in the outgoing mail in late March. Michelle Arnold indicated that she would accept the letter as a formal request for a continuance. In any event, receipt of such late notice has not allowed the Respondents a meaningful amount of time Page 3 to prepare witnesses,perform research and otherwise prepare a defense to this Notice of Hearing. Accordingly, we hereby object to these notices as a violation of the Respondents' right to due process and any and all action, other than a continuance, taken at the Code Enforcement Board Hearing on April 26, 2007 will be appealed to the fullest extent of the law. To the extent, and when this matter is considered by the Code Enforcement Board, in addition to the above referenced issues, the matters that the Respondents would like to be considered are as follows, which are essentially the same points as are raised in the memorandum attached to the letter dated February 19, 2007 as referenced above: I. State of Florida Uniform Traffic Control Law and its Impact upon Local Government. In Florida, Municipal ordinances are inferior to laws of the state and must not conflict with any controlling provision of a statute. Thomas v. State, 614 So. 2d 468 (Fla. 1993). As the Florida Supreme Court stated in Rinzler v. Carson, 262 So. 2d 661, 668 (Fla. 1972), "[a] municipality cannot forbid what the legislature has expressly licensed, authorized or required, nor may it authorize what the legislature has expressly forbidden." Although municipalities and the state may legislate concurrently in areas that are not expressly preempted by the state, a municipality's concurrent legislation must not conflict with state law. City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. DCA), review denied, 408 So. 2d 1092 (Fla. 1981). While a municipality may provide a penalty less severe than that imposed by a state statute, an ordinance penalty may not exceed the penalty imposed by the state. Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA 1982). It is settled in Florida that "a general principle of statutory construction that the mention of one thing implies the exclusion of another; expressio unius est exclusio alterius." Hence, where a statute enumerates the things on which it is to operate, or forbids certain things, Page 4 it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Ideal Farms Drainage Dist. v. Certain Lands, 154 Fla. 554, 19 So.2d 234 (1944); Thayer v. State, 335 So. 2d 815 (Fla. 1976). The State of Florida has exclusive jurisdiction over traffic enforcement in the State of Florida via the UTCL, Section 316 of the Florida Statutes. Florida Statute 316.002 specifically states that the "intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." F.S. 316.002. Further, it is "unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." Id. F.S. 316.007 further states that "no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized." F.S. 316.007. Section 316.008 delineates the powers of local governments pertaining to traffic laws. The list of powers is exhaustive; however, no provision within F.S. 316.008 allows for a local government to regulate sign ordinances involving moving traffic and "it is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." F.S. 316.008. It is important to note that the UTCL governs everything that is considered "traffic." Section 316.003(57) defines traffic as "Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel." Section 316.003(53)(a) defines a street or highway in part as "the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic." There can be little doubt that the Collier County sign ordinance has overstepped its bounds in the regulation of signs on moving traffic. As such, the County must enforce a prohibition of signs such as that Page 5 cited for, if such a prohibition exists, in a manner proscribed by the UTCL. In this particular case, neither the method nor the manner in which the citation was issued complies with Section 316. Sate Law would clearly preempt local law and therefore restrict the means with which counties and municipalities may enforce the law in question. Interestingly, the State has its own sign regulation statute in place. Chapter 479 of the Florida Statutes regulates signs near Federal and State Highways. The sign law specifically describes prohibited signs and deals exclusively with those that are at or along the State or Federal Highway system. Notably, there is no reference to signs attached to a moving automobile. Further, the State grants the local code enforcement boards the right and duty to cite and enforce sign laws in violation of State law. F.S. 479.11(5). Therefore, following the premise that the mention of one thing implies the exclusion of another, it can be assumed that if signs attached to moving vehicles were intended to be in control of the local code enforcement board, the State would have accounted for it within the State sign law and grant the local boards the authority to do so, at least with regards to their enforcement upon Federal and State highways. Unlike Chapter 162 of the Florida Statutes, which grants municipalities the specific authority to regulate code violations, the State did not grant the authority to regulate moving vehicles within Chapter 479. The obvious reason for this is that traffic enforcement is regulated under completely different standards than that of code violations. The Collier County Land Development Code was created in order to "promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public..." C.C. LDC 5.06.01 (A). Section 5.06.06 (X)of the Code prohibits the use of any signs, with the exception of magnetic signs used in the course of business, mounted on a vehicle where "said sign is intended to attract or may distract the Page 6 attention of motorists for the purpose of advertising a business...whether or not the vehicle is parked, or driven." C.C. LDC 5.06.01(X). Section 5.06.06 (U) prohibits the use of electronic signs or those that employ "motion, employs moving parts or gives the illusion of motion (excluding time and temperature signs.) C.C. LDC 5.06.01(X). Finally, Section 5.06.06 (W) prohibits any sign that could constitute a traffic hazard or detriment to traffic safety. There can be little question that the County Ordinance(s) in question are intended to regulate traffic. For instance, Section 5.06.06 (W) of the Collier County Code prohibits any sign that could be constitutes a "traffic hazard or detriment to traffic safety." If the conduct of our client is prohibited by state statute, a County or Municipality would be required to adhere to the enforcement procedures outlined in section II. II. Capacity of Municipal Code Enforcement Officers to Enforce Traffic Violations Under the UTCL The enforcement of the UTCL is restricted to various entities including numerous state enforcement agencies (ie, Highway Patrol, FDOT, Division of Fish and Wildlife, etc.) Counties and municipalities are restricted to the Sheriff of Police departments; however, they may employ a "parking enforcement specialist who is any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists." F.S. 316.640 2(c)1-2 and 3(c)1-3. Sherriffs and police departments may also employ Traffic Enforcement Officers who, after completing mandatory training, can issue citations for traffic violations that they witness. F.S. 316.640(5)(a)(b). No other individuals may issue citations for traffic violations. In addition, not only does the State regulate who can enforce a law governed by the UTCL, it governs how the law can be enforced. Specifically, 316.650(1)(a) states that "the Page 7 department shall prepare, and supply to every traffic enforcement agency in this state, an appropriate form traffic citation containing a notice to appear (which shall be issued in pre- numbered books with citations in quintuplicate) and meeting the requirements of this chapter or any laws of this state regulating traffic, which form shall be consistent with the state traffic court rules and the procedures established by the department." Clearly, even if a code enforcement officer was authorized to enforce a traffic law, the procedure mandated by Florida law was not followed. Having outlined the State statutes regulation of traffic violations, it is clear that the State has taken a leading role in defining what a violation is, who can enforce it, and how such a law may be enforced. It is doubtful that a municipal code enforcement officer was intended to have such authority. F.S. 316.002 does state that "the Legislature recognizes that there are conditions which require municipalities to pass certain other traffic ordinances in regulation of municipal traffic that are not required to regulate the movement of traffic outside of such municipalities." However, local authorities may not deviate from the mandated enforcement requirements. If a Code Enforcement officer has not completed the prescribed training and is not authorized by the local Sherriff or Police Department,he/she may not issue citations for traffic violations. III. The Collier County Sign Ordinance is an Impermissible Restriction Upon Commercial Speech in Violation of the First Amendment of the Unites States Constitution As written, the Collier County Sign Code violates the First Amendment as an impermissible restriction upon commercial speech. Specifically, if the regulation is not content neutral, that is to say the sign regulation may not define the content of the sign, it will be found to be in violation of the First Amendment. In determining the constitutionality of a sign code, the first step a court must take is to determine whether he regulations are content based. Burk v. Page 8 Augusta-Richmond County, 365-F.3d 1247, 1251 (11Cir. 2004). This is extremely important as content neutral signs will be reviewed under a "time, place and manner" standard and content- based regulations are subject to strict scrutiny. The Supreme Court attempted to clarify the issue in Metromedia, Inc. v City of San Diego, 453 U.S. 490 (1981). In Metromedia the plaintiffs challenged a local ordinance that prohibited all billboards except commercial billboards on the sites of businesses. The Court held that the ordinance was unconstitutional on its face, since it prohibited noncommercial signs while allowing commercial signs on business premises. Specifically, exemptions for religious signs, time and temperature signs, government signs, and political signs amounted to content-based criteria for permitting. The ordinance reached too far into the realm of protected speech by permitting signs advertising goods and services while it did not allow for noncommercial messages on the same signs. Despite the plurality decision, the court did highlight some of the requirements that lawmakers must meet when passing such ordinances. The standard set in Metromedia is now followed with a majority of the Circuits, excepting the Third. Sign laws must have a neutral effect on speech. However, there are two types of neutrality: viewpoint and content neutrality. Rarely does viewpoint neutrality become an issue because it simply means that a sign ordinance may not regulate a point of view. For instance, a City could not prohibit a sign that opposes or supports a "pro-life" position. Following Metromedia, the 11th Circuit has held that regulations allowing flags only if they represented a governmental entity was an impermissible content-based regulation. Dimmitt v. the City of Clearwater, 985 F.2d 1565, 1569 (11th Cir. 1993). Interestingly, in Dimmitt, the Court found that although the city's proffered interests in aesthetics and traffic safety were substantial, they were not sufficient to justify the content-based ban, and were thus struck down. Id. at 1569-1570. Page 9 Content neutrality has caused local governments difficulties. Content neutrality means a sign regulation may not define the content of a sign and base the restriction on this content. The principal inquiry in deciding a content neutral matter is whether the government has adopted a regulation because of a disagreement with the message it conveys. The Government's interest is the controlling consideration. Ward. V. Rock Against Racism, 491 U.S. 781, 791 (1989). In Metromedia, the San Diego ordinance was struck down because it contained a list of exempted signs defined by their content. Metromedia at 465. Disagreement with the message therefore is not the only reason for finding that a law is content based. The issue presented here is whether the exceptions within the Collier County sign ordinance invalidate the ordinance itself. Specifically, Section 5.06.06 (U) exempts time and temperature signs in an otherwise universal prohibition on moving signs. It is not the first time this dispute has been looked at: in 2000, a federal court struck down large sections of a municipal ordinance because the signs were defined by their content and then these definitions were used as a basis for their regulations. See North Olmsted Chamber of Commerce v. City of North Olmsted, 86 F. Supp. 2d 755 (1996). Moreover, a Kentucky court found that a local ordinance that excluded time and temperature signs from its restriction on illuminated and moving signs was content based and invalidated the ordinance. The court stated that "the electronic billboards in question, which complied with the technical requirements of the regulation, may display "temperature--99 degrees" but may not display "regular unleaded $1.07." Flying J Travel Plaza v. Transportation Cabinet, Dep't of Highways, 928 S.W. 2d 344, 348 (Ky. 1996). When the regulation prohibits commercial speech but allows time, date, temperature or weather information to be displayed, the regulations become substantially broader than necessary to protect the governmental interest of highway safety. Id. Page 10 Perhaps most importantly to the issue facing Collier County is the 11th Circuit Court of Appeals decision in Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250, (11th Cir. 2005). In Solantic, a business operated an emergency medical care facility in front of which, it installed a large "Electronic Variable Message Center" sign. Id. at 1254. The City's Code Enforcement Board conducted a hearing and deten1iined that the sign violated the sign code for several reasons including that a sign permit had not been obtained prior to the sign's installation and the sign's copy could blink, flash, and scroll. Id. at 1255. Following Metromedia and Dimmit standards, the court found that the Sign Code's exceptions rendered the Code a content-based restriction of free speech. The court noted several hypothetical incongruities where the exceptions created such as the fact that a homeowner could install a large flashing neon arrow and "Parking in Back," sign but could not place a traditional yard sign reading "Support our Troops" on his or her own property. Solantic at 1264. Because some of the signs were extensively regulated while others were not,the court held that: (1)because most(though not all) of the exemptions from the sign code were based on the content -- rather than the time, place, or manner -- of the message, the sign code discriminated against certain types of speech based on content; (2) the sign code was not narrowly tailored to accomplish the City's asserted interests in aesthetics and traffic safety; (3) the city had not demonstrated that its interests were compelling; (4) the exemptions were not severable from the remainder of the ordinance; and (5) the absence of any time limits rendered the sign code's permitting requirement unconstitutional. Id. at 1273. It must be noted that the sign ordinance in Neptune Beach was constructed almost exactly in the same manner as that of Collier County. Further, the exemptions listed in the Collier County Code are strikingly similar to the sign ordinance in Neptune Beach. As stated above, the 11th Circuit cited several hypothetical situations in Solantic that illustrated the constitutional Page 11 violations of Neptune Beach's sign ordinance. Specifically, the court stated that "pursuant to §27-581 (4), (6), bar the use of these devices (moving parts or flashing lights) by nonexempt individuals and other private signs. Thus, the City government could display a ten-foot-tall sign identifying"City Hall"in blinking lights, whereas §27-581(6) would prohibit a homeowner from posting even a modestly sized sign using flashing lights to identify "The Smith residence..." Solantic at 1264. This exact situation is allowable under the Collier County sign ordinance. Specifically, §5.06.06 (D) prohibits "Flashing signs or electronic reader boards." However, §5.06.05 (I) exempts "Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size." Thus, the Collier County government could post the 10 foot—tall sign, flashing "City Hall" while a resident could not; this is the specific situation cited to in Solantic as evidence that the Neptune Beach Sign Code violated the First Amendment. Following Solantic, it is irrefutable that Collier County Sign Ordinance does the same. IV. Conclusion The Collier County Sign Code violates both State law and the Federal Constitution. First, the prohibition of signs such as those at issue involves the regulation of traffic which is exclusively controlled by the UTCL. Moreover, even if a law is broken under the UTCL, a code enforcement officer, without the training mandated by statute, is not able to enforce it. Only one with training specified by statute would be able to enforce such a law. The UTCL does not grant local municipalities the ability to choose their enforcement methods. They must comply with State mandated requirements. Secondly, based on the 11 h Circuit's holding in Solantic, the Collier County sign ordinance as a whole violates the First Amendment as it impermissibly restricts commercial speech by the regulation of content based signs. Following Metromedia, Page 12 Dimmitt and Solantic, there is no question that the Collier County Sign ordinance would be invalidated if challenged. Finally, it is the Respondents' intention to create and establish an accurate record of the actions of this matter. Therefore this memorandum is intended to be included, in its entirety, in the record of this matter and any attempt to redact, modify, limit or otherwise constrict its content will be met with an objection to the fully extent permitted by law. Nothing contained herein shall be deemed a limitation or waiver of any rights or remedies available to the Respondents. Case Number 2006120468 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner ' MMB OF SOUTHWEST FLORIDA,LLC Date: 12/18/06 Investigator KITCHELL T.SNOW Phone: 239-403-2493 ATTN:JON MCLEOD,MGR [PROPERTY OWNER] BRENNAN,MANNA&DIAMOND,PL AS REGISTERED AGENT FOR: MMB OF SOUTHWEST FLORIDA,LLC BUSINESS] Mfg: 17501 STEPPING STONE DRIVE Zoning Sec Twp Rng FORT MYERS FL 33912 Dist 3301 BONITA BEACH RD,SUITE 202 Legal: Block Lot BONITA SPRINGS FL 34134 subdivision Location ITINERANT OR TRANSIENT IN NATURE Folio OR Page COUNTY WIDE 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 MOTION OR THAT GIVES THE ILLUSION OF MOTION, WHETHER Ord No. 04-041,as amended Section 5.06.06[U] SAID VEHICLE IS IN 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. DOrd No. ,as amended Section flSuaplemental attached DOrd No. ,as amended Section ['Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: DECEMBER 21ST 2006 Failure to correct violations may result in: Did Witness: 1) Mandatory notice to appear in court or issuance of a citation that ON 12/14/06—VEHICLE WITH MOVING SIGN COPY THAT CHANGED may result in fines up to$500 and costs of prosecution. OR APPROIMATELY EVERY 30 TO 40 SECONDS ADVERTISING 2) Code Enforcement Board review that may result in fines up to BUSINESS, CREATING A TRAFFIC HAZARD THROUGH THE $1000 per day per violation, as long as the violation remains, and ATTRACTION AND/OR DISTRACTION TO THE MOTORIZED PUBLIC. costs of prosecution. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY J 1Supplemental attached ORDINANCE ATTACHED. ['Personal Service Certified Mail ❑Posting of Property ❑Fax ❑Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW Print INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34104 Dated this 18TH day of DECEMBER 2006 (239) 403-2493 l Fax: 39)403-2343 Investigator signature ^ VIOLATION STATUS: ®Initial ['Recurring ❑Repeat EXHIBIT a A 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 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. 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. 0. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). V. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. 4%/. Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. No sign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatable signs. CC. Accent lighting as defined in this Code. DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (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. 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 w or to N h iC5/ 'D ka'(>2 ,;:-= 0 M, ......... 1 •� '�. . ....., r e...,. ..... ....... . ,.0-...., i (911 ,.00,4,:... ...... . it , ,._ . . • ...„. , ... .. / ......:.. m ...;.,,,......:. . ... .. .....:.. .4 ,,741. ry 1 f1J Z M�," r1 As 1 U 1 ,. # �� Q+ a A r-) gyp •' ,r a m �. A .�.' GFi O Tr I `� ��.. �m A w U ti I s 1� a < W uj `�... ii__ w FC- H a I 1\ _-�-� L Z O M I ;M =� ru O z A E, z Wa' 00 c';') 1 IN czi 1 0 1e:! 1 .. 1 .1 C .O .0 O ,Z1 n3 > C • Q) L E O L O O > d) > (10sM 8 I g O cB : ' a) z O 0 e- E E 0 = � .- E oVZ vi ,..-,c° " � _go a 1 UWUNZ , 2 EXHIBIT i B BRENNAN, MANNA & DIAMOND, P.L. 3301 Bonita Beach Road • Suite 202 • Bonita Springs,FL 34134 Phone(239)992-6578 • Facsimile(239)992-9328 Scott W.Duval direct dial: (239)992-8631 swduva!(I)bmdpl.com January 9, 2007 Kitchell T. Snow, Investigator Collier County Code Enforcement EXHIBIT 2800 N. Horseshoe Drive Naples, Florida 34104 C Re: Case Number 2006120468 Dear Mr. Snow: This firm represents Bonita Media Enterprises, LLC, the owner and operator of that certain business known as "Mobile Exposure" and BME Leasing, LLC, the company that owns and certain mobile billboard vehicles which are leased to the referenced operator. In addition, this firm represents MMB of Southwest Florida, LLC, however that entity ceased any and all operations as of December 1, 2006. Please take note that the Notice of Violation for the above referenced claim was sent to a company that was no longer doing business and therefore, my client reserves all rights to object to the violation notwithstanding anything contained herein to the contrary. Further, you executed your notice of violation on December 18, 2006 with an order to correct the violation on or before December 22, 2006. The notice was postmarked December 26, 2006. My client further reserves all rights to object for failure to provide adequate notice and the problems with the timing of such notice. Notwithstanding any other flaws in the Notice of Violation referenced above, it appears as if you are attempting to regulate a moving vehicle, which is beyond the scope of your authority. Am I to assume that a Collier County Code Enforcement officer can issue me a citation for not having my car up to the building code? It sounds ridiculous because it is, as is your attempt to cite my client for a sign violation while he is traveling on a public highway. If this case continues, you may be violating my client's civil rights, including the right to free speech as well as violating the commerce clause contained in Article I, Section 8 of the United States Constitution. Please accept this letter as a demand for an immediate withdrawal of the Notice of Violation and an acknowledgement that code enforcement does not have the authority to regulate moving vehicles while on public highways. In the event this matter proceeds further and my client incurs Jacksonville,FL •76 S.Laura Street •Suite 2110 *Jacksonville,FL 32202 *Phone:(904)366-1500 •Fax:(904)366-1501 Akron,OH •75 E.Market Street •Akron,OH 44308 •Phone:(330)253-5060 *Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org expenses related hereto, including attorney fees, we will demand reimbursement from the County for such expenses. Thank you in advance for your cooperation. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Scott W. Duval cc: Michelle Arnold,Director of Code Enforcement J. McLeod Jacksonville,FL •76 S.Laura Street ♦Suite 2110 *Jacksonville,FL 32202 *Phone:(904)366-1500 *Fax:(904)366-1501 Akron,OH ♦75 E.Market Street *Akron,OH 44308 *Phone:(330)253-5060 •Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org Case Number 2006120468 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MMB 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 Twp Rng FORT MYERS FL 33912 Dist 3301 BONITA BEACH RD,SUITE 202 Legal: Block Lot BONITA SPRINGS FL 34134 subdivision Location ITINERANT OR TRANSIENT IN NATURE Folio OR Page COUNTY WIDE 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 MOTION OR THAT GIVES THE ILLUSION OF MOTION, WHETHER Ord No. 04-041,as amended Section 5.06.06[U] SAID VEHICLE IS IN 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 DOrd No. ,as amended Section j-lSupplemental attached DOrd No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: FEBRUARY 20TH 2007 Did Witness: Failure to correct violations may result in: ON 12/14/06—VEHICLE WITH MOVING SIGN COPY THAT CHANGED 1) Mandatory notice to appear in court or issuance of a citation that 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. BY: �SZISupplemental attached ORDINANCE ATTACHED. KVeED ersonal Service ®Certifed Mail ❑Posting of Property 9. ['Fax ❑Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: Print 2800 No. Horseshoe Dr.Naples,FL 34104 239 403-2493 Dated this 18TH day of JANUARY 2007 ( ) :(239)403-2343 Y Investigator signature VIOLATION STATUS: ®Initial ['Recurring ['Repeat EXHIBIT a s 1■Tnt;rP of 5.06.00 SIGNS Page 18 of 21 that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, anysign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. 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 ____I----r^--AT:----ii^frnnli1 /-,CIA•1 11 i1^7i�nn� 5.06.00 SIGNS Page 19 of 21 by, or exempted from this Code. 0. Windsigns (except where permitted as part of this section of this Code). P. Anysign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs , freestanding signs , [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Anysign which emits audible sound, vapor, smoke, or gaseous matter. T. Anysign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign , signal, or device. U. Anysign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs ). V. Anysign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Anysign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Anysign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Anysign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. Nosign shall be placed or permitted as a principal use on any property, in any zoning district except as follows: U-Pic signs , political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatablesigns . CC. Accent lighting as defined in this Code. 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, L..ar.//1:L_.__.1 /1 /7.L/A1 11 P1'7 Ilnnt 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) ............. ...._... '2001/1 11 n7i')nn1 BRENNAN, MANNA & DIAMOND, P.L. 3301 Bonita Beach Road • Suite 202 • Bonita Springs,FL 34134 Phone(239)992-6578 • Facsimile(239)992-9328 Scott W.Duval direct dial: (239)992-8631 swduval(2ibmdpLcorn February 19, 2007 Michelle Arnold, Director Collier County Code Enforcement . 2800 N. Horseshoe Drive • Naples, Florida 34104 Re: Case Number 2006120468 Dear Ms. Arnold: In response to the revised Notice of Violation dated 1/18/07, I had asked Matt Jackson from our Jacksonville office to do some research. Prior to joining this firm, Matt worked with the City of Jacksonville and actually assisted with the rewriting of their sign ordinance, so I figured he was the man for the job. Enclosed please find a copy of the memorandum which he prepared related to this matter. Once you and the county attorney have had an opportunity to review the memo, please do not hesitate to contact me or you may contact Matt, his direct dial number is (904) 366-7316. Matt would be more than happy to provide you with copies of any of the case law referenced. Thank you again for your consideration in having provided us some additional time to research the issues. I look forward to hearing from you and resolving this matter shortly. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Scott W. Duval cc: J. McLeod M. Jackson (w/o enclosures) EXHIBIT t S E Jacksonville,FL ♦76 S.Laura Street *Suite 2110 *Jacksonville,FL 32202 ♦Phone:(904)366-1500 *Fax:(904)366-1501 Akron,OH ♦75 E.Market Street •Akron,OH 44308 *Phone:(330)253-5060 *Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org BRENNAN, MANNA & DIAMOND 76 South Laura Street • Suite 2110 • Jacksonville,FL 32202 ♦www.bmdpl.corn Matthew T.Jackson. Phone: (904)366-1500 Fax: (904)366-1501 MEMORANDUM DATE: February 12,2007 TO: Scott Duval FROM: Matthew T. Jackson RE: Ability of Code Enforcement Officers to Enforce Sign Restrictions on Public Streets and/or Moving Vehicles I have been asked to research the ability of a municipal code enforcement officer to regulate the use of prohibited signs under a local county land use restriction on a public street. The issue is two fold: first, whether a sign regulation that seeks to restrict or prohibit certain forms of traffic is actually governed by the State of Florida's Uniform Traffic Control Law ("UTCL") and; two, if so, whether a code enforcement officer has the authority to regulate such an ordinance. Further, I have undertaken significant research to determine whether the sign ordinance for Collier County, as written, may violate the U.S. Constitution. I. State of Florida Uniform Traffic Control Law and its Impact upon Local Government. In Florida, Municipal ordinances are inferior to laws of the state and must not conflict with any controlling provision of a statute. Thomas v. State, 614 So. 2d 468 (Fla. 1993). As the Florida Supreme Court stated in Rinzler v. Carson, 262 So. 2d 661, 668 (Fla. 1972), "[a] municipality cannot forbid what the legislature has expressly licensed, authorized or required, nor may it authorize what the legislature has expressly forbidden." Although municipalities and Page 2 the state may legislate concurrently in areas that are not expressly preempted by the state, a municipality's concurrent legislation must not conflict with state law. City of Miami Beach v. Rocio Corp., 404 So. 2d 1066 (Fla. DCA), review denied, 408 So. 2d 1092 (Fla. 1981). While a municipality may provide a penalty less severe than that imposed by a state statute, an ordinance penalty may not exceed the penalty imposed by the state. Edwards v. State, 422 So. 2d 84 (Fla. 2d DCA 1982). It is settled in Florida that"a general principle of statutory construction that the mention of one thing implies the exclusion of another; expressio unius est exclusio alterius." Hence, where a statute enumerates the things on which it is to operate, or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Ideal Farms Drainage Dist. v. Certain Lands, 154 Fla. 554, 19 So.2d 234 (1944); Thayer v. State, 335 So. 2d 815 (Fla. 1976). The State of Florida has exclusive jurisdiction over traffic enforcement in the State of Florida via the UTCL, Section 316 of the Florida Statutes. Florida Statute 316.002 specifically states that the "intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." F.S. 316.002. Further, it is `unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." Id. F.S. 316.007 further states that "no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized." F.S. 316.007. Section 316.008 delineates the powers of local governments pertaining to traffic laws. The list of powers is exhaustive; however, no provision within F.S. 316.008 allows for a local government to regulate sign ordinances involving moving traffic and "it is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." F.S. 316.008. Page 3 It is important to note that the UTCL governs everything that is considered "traffic." Section 316.003(57)defines traffic as "Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances either singly or together while using any street or highway for purposes of travel." Section 316.003(53)(a) defines a street or highway in part as "the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic." There can be little doubt that the Collier County sign ordinance has overstepped its bounds in the regulation of signs on moving traffic. As such, the County must enforce a prohibition of signs such as that cited for, if such a prohibition exists, in a manner proscribed by the UTCL. In this particular case, neither the method nor the manner in which the citation was issued complies with Section 316. Sate Law would clearly preempt local law and therefore restrict the means with which counties and municipalities may enforce the law in question. Interestingly, the State has its own sign regulation statute in place. Chapter 479 of the Florida Statutes regulates signs near Federal and State Highways. The sign law specifically describes prohibited signs and deals exclusively with those that are at or along the State or Federal Highway system. Notably, there is no reference to signs attached to a moving automobile. Further,the State grants the local code enforcement boards the right and duty to cite and enforce sign laws in violation of State law. F.S. 479.11(5). Therefore, following the premise that the mention of one thing implies the exclusion of another, it can be assumed that if signs attached to moving vehicles were intended to be in control of the local code enforcement board, the State would have accounted for it within the State sign law and grant the local boards the authority to do so, at least with regards to their enforcement upon Federal and State highways. Unlike Chapter 162 of the Florida Statutes, which grants municipalities the specific Page 4 authority to regulate code violations, the State did not grant the authority to regulate moving vehicles within Chapter 479. The obvious reason for this is that traffic enforcement is regulated under completely different standards than that of code violations. The Collier County Land Development Code was created in order to "promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public..." C.C. LDC 5.06.01 (A). Section 5.06.06 (X)of the Code prohibits the use of any signs, with the exception of magnetic signs used in the course of business, mounted on a vehicle where "said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business...whether or not the vehicle is parked, or driven." C.C. LDC 5.06.01(X). Section 5.06.06 (U) prohibits the use of electronic signs or those that employ "motion, employs moving parts or gives the illusion of motion (excluding time and temperature signs.) C.C. LDC 5.06.01(X). Finally, Section 5.06.06 (W) prohibits any sign that could constitute a traffic hazard or detriment to traffic safety. There can be little question that the County Ordinance(s) in question are intended to regulate traffic. For instance, Section 5.06.06 (W) of the Collier County Code prohibits any sign that could be constitutes a "traffic hazard or detriment to traffic safety." If the conduct of our client is prohibited by state statute, a County or Municipality would be required to adhere to the enforcement procedures outlined in section II. II. Capacity of Municipal Code Enforcement Officers to Enforce Traffic Violations Under the UTCL The enforcement of the UTCL is restricted to various entities including numerous state enforcement agencies (ie, Highway Patrol, FDOT, Division of Fish and Wildlife, etc.) Counties and municipalities are restricted to the Sheriff of Police departments; however, they may employ Page 5 a "parking enforcement specialist who is any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists." F.S. 316.640 2(c)1-2 and 3(c)1-3. Sherriff's and police departments may also employ Traffic Enforcement Officers who, after completing mandatory training, can issue citations for traffic violations that they witness. F.S. 316.640(5)(a)(b). No other individuals may issue citations for traffic violations. In addition, not only does the State regulate who can enforce a law governed by the UTCL, it governs how the law can be enforced. Specifically, 316.650(1)(a) states that "the department shall prepare, and supply to every traffic enforcement agency in this state, an appropriate form traffic citation containing a notice to appear (which shall be issued in pre- numbered books with citations in quintuplicate) and meeting the requirements of this chapter or any laws of this state regulating traffic, which form shall be consistent with the state traffic court rules and the procedures established by the department." Clearly, even if a code enforcement officer was authorized to enforce a traffic law, the procedure mandated by Florida law was not followed. Having outlined the State statutes regulation of traffic violations, it is clear that the State has taken a leading role in defining what a violation is, who can enforce it, and how such a law may be enforced. It is doubtful that a municipal code enforcement officer was intended to have such authority. F.S. 316.002 does state that "the Legislature recognizes that there are conditions which require municipalities to pass certain other traffic ordinances in regulation of municipal traffic that are not required to regulate the movement of traffic outside of such municipalities." However, local authorities may not deviate from the mandated enforcement requirements. If a Page 6 Code Enforcement officer has not completed the prescribed training and is not authorized by the local Sherriff or Police Department,he/she may not issue citations for traffic violations. III. The Collier County Sign Ordinance is an Impermissible Restriction Upon Commercial Speech in Violation of the First Amendment of the Unites States Constitution As written, the Collier County Sign Code violates the First Amendment as an impermissible restriction upon commercial speech. Specifically, if the regulation is not content neutral, that is to say the sign regulation may not define the content of the sign, it will be found to be in violation of the First Amendment. In determining the constitutionality of a sign code, the first step a court must take is to determine whether he regulations are content based. Burk v. Augusta-Richmond County, 365-F.3d 1247, 1251 (11Cir. 2004). This is extremely important as content neutral signs will be reviewed under a "time, place and manner" standard and content- based regulations are subject to strict scrutiny. The Supreme Court attempted to clarify the issue in Metromedia, Inc. v City of San Diego, 453 U.S. 490 (1981). In Metromedia the plaintiffs challenged a local ordinance that prohibited all billboards except commercial billboards on the sites of businesses. The Court held that the ordinance was unconstitutional on its face, since it prohibited noncommercial signs while allowing commercial signs on business premises. Specifically, exemptions for religious signs, time and temperature signs, government signs, and political signs amounted to content-based criteria for permitting. The ordinance reached too far into the realm of protected speech by permitting signs advertising goods and services while it did not allow for noncommercial messages on the same signs. Despite the plurality decision, the court did highlight some of the requirements that lawmakers must meet when passing such ordinances. The standard set in Metromedia is now followed with a majority of the Circuits, excepting the Third. Sign laws Page 7 must have a neutral effect on speech. However, there are two types of neutrality: viewpoint and content neutrality. Rarely does viewpoint neutrality become an issue because it simply means that a sign ordinance may not regulate a point of view. For instance, a City could not prohibit a sign that opposes or supports a "pro-life" position. Following Metromedia, the 11th Circuit has held that regulations allowing flags only if they represented a governmental entity was an impermissible content-based regulation. Dimmitt v. the City of Clearwater, 985 F.2d 1565, 1569 (11t Cir. 1993). Interestingly, in Dimmitt, the Court found that although the city's proffered interests in aesthetics and traffic safety were substantial, they were not sufficient to justify the content-based ban, and were thus struck down. Id. at 1569-1570. Content neutrality has caused local governments difficulties. Content neutrality means a sign regulation may not define the content of a sign and base the restriction on this content. The principal inquiry in deciding a content neutral matter is whether the government has adopted a regulation because of a disagreement with the message it conveys. The Government's interest is the controlling consideration. Ward. V. Rock Against Racism, 491 U.S. 781, 791 (1989). In Metromedia, the San Diego ordinance was struck down because it contained a list of exempted signs defined by their content. Metromedia at 465. Disagreement with the message therefore is not the only reason for finding that a law is content based. The issue presented here is whether the exceptions within the Collier County sign ordinance invalidate the ordinance itself. Specifically, Section 5.06.06 (U) exempts time and temperature signs in an otherwise universal prohibition on moving signs. It is not the first time this dispute has been looked at: in 2000, a federal court struck down large sections of a municipal ordinance because the signs were defined by their content and then these definitions were used as a basis for their regulations. See North Olmsted Chamber of Commerce v. City of Page 8 North Olmsted, 86 F. Supp. 2d 755 (1996). Moreover, a Kentucky court found that a local ordinance that excluded time and temperature signs from its restriction on illuminated and moving signs was content based and invalidated the ordinance. The court stated that "the electronic billboards in question, which complied with the technical requirements of the regulation,may display "temperature--99 degrees" but may not display "regular unleaded $1.07." Flying J Travel Plaza v. Transportation Cabinet, Dep't of Highways, 928 S.W. 2d 344, 348 (Ky. 1996). When the regulation prohibits commercial speech but allows time, date, temperature or weather information to be displayed, the regulations become substantially broader than necessary to protect the governmental interest of highway safety. Id. Perhaps most importantly to the issue facing Collier County is the 11th Circuit Court of Appeals decision in Solantic, LLC v. City of Neptune Beach, 410 F.3d 1250, (11th Cir. 2005). In Solantic, a business operated an emergency medical care facility in front of which, it installed a large "Electronic Variable Message Center" sign. Id. at 1254. The City's Code Enforcement Board conducted a hearing and determined that the sign violated the sign code for several reasons including that a sign permit had not been obtained prior to the sign's installation and the sign's copy could blink, flash, and scroll. Id. at 1255. Following Metromedia and Dimmit standards, the court found that the Sign Code's exceptions rendered the Code a content-based restriction of free speech. The court noted several hypothetical incongruities where the exceptions created such as the fact that a homeowner could install a large flashing neon arrow and "Parking in Back," sign but could not place a traditional yard sign reading "Support our Troops" on his or her own property. Solantic at 1264. Because some of the signs were extensively regulated while others were not, the court held that: (1)because most(though not all) of the exemptions from the sign code were based on the content --rather than the time, place, or Page 9 manner -- of the message, the sign code discriminated against certain types of speech based on content; (2) the sign code was not narrowly tailored to accomplish the City's asserted interests in aesthetics and traffic safety; (3) the city had not demonstrated that its interests were compelling; (4) the exemptions were not severable from the remainder of the ordinance; and (5) the absence of any time limits rendered the sign code's permitting requirement unconstitutional. Id. at 1273. It must be noted that the sign ordinance in Neptune Beach was constructed almost exactly in the same manner as that of Collier County. Further, the exemptions listed in the Collier County Code are strikingly similar to the sign ordinance in Neptune Beach. As stated above, the 11`h Circuit cited several hypothetical situations in Solantic that illustrated the constitutional violations of Neptune Beach's sign ordinance. Specifically, the court stated that "pursuant to §27-581 (4), (6), bar the use of these devices (moving parts or flashing lights) by nonexempt individuals and other private signs. Thus, the City government could display a ten-foot-tall sign identifying "City Hall"in blinking lights, whereas §27-581(6) would prohibit a homeowner from posting even a modestly sized sign using flashing lights to identify "The Smith residence..." Solantic at 1264. This exact situation is allowable under the Collier County sign ordinance. Specifically, §5.06.06 (D) prohibits "Flashing signs or electronic reader boards." However, §5.06.05 (I) exempts `Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size." Thus, the Collier County government could post the 10 foot—tall sign, flashing "City Hall" while a resident could not; this is the specific situation cited to in Solantic as evidence that the Neptune Beach Sign Code violated the First Amendment. Following Solantic, it is irrefutable that Collier County Sign Ordinance does the same. Page 10 IV. Conclusion The Collier County Sign Code violates both State law and the Federal Constitution. First, the prohibition of signs such as those at issue involves the regulation of traffic which is exclusively controlled by the UTCL. Moreover, even if a law is broken under the UTCL, a code enforcement officer, without the training mandated by statute, is not able to enforce it. Only one with training specified by statute would be able to enforce such a law. The UTCL does not grant local municipalities the ability to choose their enforcement methods. They must comply with State mandated requirements. Secondly, based on the 11th Circuit's holding in Solantic, the Collier County sign ordinance as a whole violates the First Amendment as it impermissibly restricts commercial speech by the regulation of content based signs. Following Metromedia, Dimmitt and Solantic, there is no question that the Collier County Sign ordinance would be invalidated if challenged. BRENNAN, MANNA & DIAMOND, P.L. 3301 Bonita Beach Road • Suite 100 • Bonita Springs,FL 34134 Phone(239) 992-6578 • Facsimile(239) 992-9328 Scott W.Duval direct dial: (239)992-8631 swduva1(abmdpLcom April 17, 2007 Via Facsimile and Regular Mail EXHIBIT Michelle Arnold,Director Collier County Code Enforcement F 2800 N. Horseshoe Drive Naples, Florida 34104 Ms. Bendisa Marku Operations Coordinator Collier County Code Enforcement Community Development and Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Re: Collier County Board of County Commissioners v. MMB of Southwest Florida, LLC and Bonita Media Enterprises, LLC Dept.Case Number 2006120468 CEB Case Number 2007-35 Dear Ms. Arnold and Ms. Marku: My client is in receipt of a Notice of Hearing for the above referenced case. I strongly object to the date of the proposed hearing being April 26, 2007. Please note that my client received the formal Notice of Hearing this morning,just nine days prior to the proposed hearing. Despite the Statement of Violation and Request for Hearing being signed on March 29, 2007, the formal notice was not postmarked until Friday, April 13, 2007. I have enclosed a copy of the postmarked envelope for your records. You have not provided my client ten (10) days notice, as is required by Article VII, Section 3 of the Collier County Code Enforcement Board Rules and Regulations. My client is willing to appear at the hearing scheduled for Tuesday, May 22°1 , which appears to be the next scheduled Code Enforcement Board hearing date. I would greatly appreciate a prompt response to this request. On a related note, I am disappointed that the Notice of Hearing is the path that was decided to be taken without so much as a courtesy call. As you may recall, the first Notice of Violation was received in December, 2006 as was subsequently corrected due to improper notice of that Jacksonville,FL •76 S.Laura Street •Suite 2110 •Jacksonville,FL 32202 •Phone:(904)366-1500 •Fax:(904)366-1501 Akron,OH •75 E.Market Street •Akron,OH 44308 *Phone:(330)253-5060 •Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org violation. After some discussions, we agreed to provide a position paper, which we did on February 19, 2007. Please note that I will make every effort to compile a response/defense packet, but since there is a mere 9 days until the proposed hearing (unless it is postponed as requested), I cannot provide the defense packet within 10 days of the hearing as is required in the Notice of Hearing. I reserve all rights that my client has, including his right to due process. I look forward to hearing from you in regard to the postponement of the hearing on this matter until the May 22nd meeting. Please do not hesitate to contact me should you have any questions in the meantime. Sincerely, Scott W. Duval cc: J. McLeod(via email) M. Jackson(via email) Jacksonville,FL •76 S.Laura Street ♦Suite 2110 *Jacksonville,FL 32202 *Phone:(904)366-1500 •Fax:(904)366-1501 Akron,011 •75 E.Market Street *Akron,OH 44308 *Phone:(330)253-5060 •Fax:(330)253-1977 visit us online at:www.bmdpl.com or www.probusinesslaw.org • rrn 111 I 1111111 11111 II 111 , 7006 2760 0003 0060 3620 _ MMB of Southwest Florida LLC and Bonita Media Enterprises, LLC 17501 Stepping Stone Drivel = Fort Myers, FL 33912 • Case Nbr-2006120468 Our Mission r µ £� e �.a The mission of Mobile Exposure is to provide our clients with the ultimate in service and local exposure within a highly targeted geographic area — generally within ten miles of our client's place of business. Our goal is to create increased awareness of our clients and drive traffic to their businesses in a cost effective manner, utilizing top notch creative services to create the highest impact possible. 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Kevin Morrison — Co-Founder/Operations Director With over 19 years in the wholesale business, Kevin 4111;4‘ - ' ' 4 has extensive experience in vehicle fleet management and personnel management that he brings to the t' company. Kevin is a Member of the Rotary Club of m Estero and is also involved in several local charities. Find our how Mobile Exposure can be an integral part of YOUR next marketing campaign. 27499 Riverview Center Blvd.,Suite 260 Bonita Springs, FL 34134 bile Fax 239 267.0596 Exposure Let mobile-exposure.biz .\\ ? 1 What Our Clients Have To Say "Mobile Exposure's innovative method of advertising is exactly what our organization needed to significantly increase awareness. - It is remarkable how quickly people notice and respond. It has proven to be a fast way to market our message." Alan C. Dimmitt, President and Chief Executive Officer— Liberty Youth Ranch, Inc. ypi; jusf r Youth rcNcH ,"� .239.992.1801 4ibert3YouthRanch org ,. IS r•isi and dredm.This is our csImg i As rdommdment.?-Ata4 C.Dlnalit Founder 1 (() "We've had such a positive response from advertising with Mobile Exposure. People have actually called our store from , _ the road, saying they are driving behind the truck and want - = directions to our store.// Stacy Sherman, Business Owner— Southwest Florida Diamond District \e-A •y 27499 Riverview Center Blvd.,Suite 260 Bonita Springs, FL 34134 re Fax 239 39 267.0596 o www.mobile-exposure.biz ' ire i t e Code Enforcement Board Case No 2007-35 Page 1 of 1 Patricia L. Morgan From: MarkuBendisa [BendisaMarku @colliergov.net] Sent: Thursday, May 24, 2007 3:52 PM To: Patricia L. Morgan Subject: Code Enforcement Board Case No 2007-35 Hello Patricia, This e-mail is in regard to Code Enforcement Board Case Number 2007-35. The County's Exhibit B has the case number of CEB 2007-44 instead of CEB 2007-35. Code Enforcement Records have already been corrected. Please let me know, if you have additional questions. Thank you, Bendisa Marku Operations Coordinator Collier County Code Enforcement (239)213-5892 (Direct Line) (239) 403-2343 (Fax) BendisaMarku @colliergov.net (E-mail) ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law 6/5/2007 Y d: { 4 ... •*,. 1 I I t ^ :. . '._ , t r. I `` a g I • _t + 4 I ei 1 7 I Ail i t v *' W4.w ' iy, c� ' ' Ir =x:x:= Id• u II =u• r I • g :: I I! . . If_f,.k .....- j 4 lel af' 1 {' • ttlj a ._ /` . 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R �r"w dr��r" rr w• f wl i,fir CO s `ABM 4`` It i 1 ''�rra�e j i..� i 1 C ! ----4--=.7.,...,4.* ��ii' 1 wc..:i t • C ,i.• 1 t i( ! °) e 3 ,Z'-'a ";' . +.,!..�.. ;i4/ t i i ' 49 . ill:';r:?, 1 «e / "3 �' H '„L n l E µ F {. t . ., J/i j, `- x ■ r 1 it 1 I xt liNsatit MINI E ci r- �Q.�+� CD a.,y r°fi �� i�K T- 2 z • (0 Nzt tN0 9 c [m° t"'\ i I /*-■ 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 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 May 24, 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,1NC,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 151,2006 6. Date owner/person in charge given Notice of Violation:June 51,2006 7. Date on/by which violation to be corrected:June 2155,2006 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 Kite'' Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this&day of f?hijj,,2007 by fCC 9) r P )a. , (Signature of Notary Plic) (Print/Type/Stamp Commissioned Personally known Name of Notary Public) Y or produced identification Type of identification produced 04YP!/gG. Indira Rajah = Commission#DD273349 REV 3-3-05 Expires:Dec 07,2007 �',oR F‘oP Bonded Thru ""' Atlantic Bonding Co.,Inc. Case Number 006050870 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 T 48 Rng 25 Dist Mailing: 430 HERON AVE Legal: 1267 Block 3 Lot 6 NAPLES,FL 34108-2118 Subdivision 10975 TAMIAMI TR N it NAPLES,FL 34108 Location: 10975 TAMIAMI TR N Folio 62470120008 OR Page Unincorporated Collier County Book • NOTICE ORDER TO CORRECT VIOLATIONISI: 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 taktt 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] DOrd No. 04-041,as amended Section (Supplemental attached 1:7-**T1 No. 04-041,as amended Section 'No. 04-041,as amended Section i L No. ,as amended Section ON OR BEFORE: JUNE 21°t 2006 ❑Ord No. ,as amended Section Failure to correct violations may result in DESCRIPTION OF CONDITIONS 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: $1000 per day per violation,as long a the violation remains,and ON 5-15-06 ILLUMINATED ACCENT LIGHTING ENCIRCLING costs of prosecution. ROOFIJNE AND [2] DRAGONS AT ENTRANCE TO THE BEIJING RESTAURANT. REPEATED WARNINGS REGARDING ACCENT LIGHTING AT THIS SERVED BY ['Personal LOCATION, HAS NOT RESULTED IN COMPLIANCE. THIS Personal Service ertified Mail ❑Posting of Property CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT OFax Mail CODE. I i rlSupplementai attached Signature and Title of Recipient Print Dated this se, day of JUNE 2006 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT SHERRY L.PATTERSON INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 341 (239) 403-2314 �.. , ,• 3 Investigator signature / . "QLATION STATUS: ®initial DRecurring DRepeat Notice of Violation Original to File Corr to Resoondent Cony for Site Postine Cony for Officill Pnctino Rs..,ARIA ., 2 2 _ S I' 8 " \ / > z\ ) e Lu S V T `7 \ °o`_ `c� 'w .. mg`U � s 0�0 n �, Q Sr 1 O I • :1 1 t f% • -fib -1.- -0 0 P m ••-- ' r m 443 ¢ n 9 . m O Q .,- m m t6ti$� — E 4411 Z n Q O •�g� o E m � E -.. u 'on c0 O Z 0-4 0 ', U y ' c O H r: r. lu 0 vi n to Q M W 0 .N 0 co !+'! V'�j E H "co • to 0 d O• d.- N - E - W P') P , 111 .-��j ' Q ,E71, �' N q Q 2 a yam b. z `� a • r o D ro- E � c 3 `•: HOB 4 1i• c' mcc ._ m$P m a ) Z `� 5i p .,t ' I. W x cam] Z E E T- .... •111 get �+Lnc m aoa m' Z W D E E 35. a rai • Cr)' • w a 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 c7,• 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 •�u•k/v 1JLl L1V111v1NJ Page 2 of 25 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 SFWMD 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://library1.municode.com/mcc/DocView/13992/1/3/11 3/6/2007 A . Printed For Lawyers' Title Guaranty Fund, Orlando, Florida This instrument was prepared by R: J �_ ' PREPARATION OF INSTRUMENT WITHOUT OPINION STANLEY J. LIEBERFARB .. CATALANO & LTEBERFARB �i�i �CCatt�u Ill 459134 �e C.rlli a �i Safse 275 J 30(13 T.mir,ml Tnll I'lorth - (STATUTORY FORM-SECTION 689 F 1 n�rLFFFtg D-Q 11940 lEf• •UO I FACE `2 . 114In 3nbrnturr, Mode this ,1° day of May 19 77 • $irtutrrn •• 4 GEORGIANNA DVORAK, f/k/a, GEORGIANNA CENTENARO, a single woman of the County of COLLIER State of • • FLORIDA gromor•, 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•, lititnresrill, That said grants• for and in consideration of the turn of TEN and 00/100 �. and other good and valuable considerations to said ($10.00) Dollars, o ' •♦''•'. . grantor in hond paid by said grantee. the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following, t described fond, situate, lying and being in COLLIER County. Florida, to.wit: REC. o0 SUR. ,L Lots 45 and 46, Subdivision of Block 1, Unit 1, Na'pTes Park, DOC. 34S.C 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 County, Florida. _ I�t - and sold grantor does hereby fully warrant the title to said land and will defend the some against the lawful claims of all `•; • persons whomsoever. •"Grantor" and -grantee" ore used for singular or plural, os content requires. -...�� ` 3n itttrnn iiif .rrruf, ' -'- I Glamor has hereunto set grantor's hand and seal the day and year first above written o d and delivered in our presence. 1 / �_�j�tt 3--c`hl.. _ �( c._ ___ �. '\��. �. `c r (Seal) / GEORGIANNA DVORAK i 13)l (,/.(, ( l/.1.'t•( • ----------.--- (Seal) r.1t qq — - (Scof) -- -- -- (Seal) r . • STATE OF FLORIDA . • COUNTY OF COLLIER • I HEREBY CERTIFY that on this doy before me, an officer duly gv•slified to take acknowledgments, personally appeared GEORGLANNA DVORAK, f/k/a, GEORGIANNA CENTENARO, a single woman } to me'k, sloe be the person described in and who executed the foregoing instrument and acknowledged before me that .. . • She executed 1he•iome. /ts qn.) WTTNE tj fr i,arid officio! seal in the County and State last aforesaid this ,c doy May/ eoRrrtlt�ffM,rf_}k",r I.r !Cs i c�L� ,�'.�! - 6f flc ''q at L'�•!•� N'ofary Public • •. .,%:CC:nnws ion GFWa. ;, t 1" .1ry3 ✓ (. ' — isursoGU Ay,.Sgskn'Lb:brr L.^.a :aaca,k:o` ._ - �;-- % I . - . ` . - . 'i . . ...,, .. •• ••, ..... • . • -.1.• • • _ . . •.••• •. , . • ,.. • Q.-7 _ UV EEC,li U.I PACE 3 . . . ... • . . . . . . • .. , - .,-ii..7:..r---7,_,.----, DOr.11'AENTI:RY —7,-; I •' ' ' ...: •• It.. 'r i .■i.1 \ S U R T AX= . FLORI( A \ ... — • - ■ - .-:: ...• klIf/IIR i.a.,.', --.1...:- .. • . - - • . . .. ., . .. , - . . . •• ' • ....• • . . ,. .. •. .. . , •.. . . . . . • .. - .• "• , , • • ' , ee•-. .. . 4., „. STATE OF FLORIDArt . r . . • • • ..9 _ DOCUMENTARY .-.,.., STAMP TAX11 . . . . - , .• . —1,. --4. 1,= 1:: ....- DEPT OT REVENUE It' II ittir• . • -• , :•7 5 ':,, .:-: „ -1;7 MT-II/ .;11•.4..... '1 3 4 5. 0 0.1 It. .-.., -. .. ______--.. ;•I . •. • . ' * i . . ...... ' . __• . . . * ' . *.. ..• . . . .., •. • .• *•- - • . . . .. „... . : .. -. - • • . .- ..• • • . . u■■ I , . . . . • ' . .:A • . .W.4/.. • ' MAT 5 9 C,9 Hi '77 , . . . • • •_ .: . • ._.. . . .. . 2. . .. , P • . _ - . , • - • . . , • . . . • • • .• - . :.: • . • •: . . • •. , •-• ..7 •• • . • - . , ... ......„_____. . • . • . . . -. •... •. .. _ . _ .. .s •• • • . _ . .• .•- _ . . . ' Recor.f•O In Offno,IIRclesh • . Of COLLIER COUNTY.FLORIDA WILLIAM.1.REAGAN . - ORM of Gowns ":10 ... ) - . .• - ,„.- . - . L . • t • 4,1 31 3 • 4IP - • • 1111141 400 I E co 0 (1) CN1 CNI 0 4+. • yyt •. 1. E`-• Q CV C' 0 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-36 DEPT CASE NO. 2007020761 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. TW MANAGEMENT OF NAPLES,INC., a/k/a NAPLES INVESTMENTS,INC Respondent(s) THE BEIJING RESTAURANT[BUSINESS] 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 May 24th, 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 4241 PG 2450,et. seq. 2. That a re-inspection was performed on May 25th,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken by 1. Removing accent lighting as ordered. 2. The operational cost in the amount of$351.67 have been paid. FURTHER AFFIANT SAYETH NOT. Dated June 29th, 2007. COLLIER COUNTY,FLORIDA CODE EN RCEMENT BOARD 21.1 F ' itche 1 T. Sn:w Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to • : ` >: : •• sj_ -. .- . - me this 29th day of June,2007 by Kitchell T. Snow. (Signature of Notary Public) NOTpypvBLIC- (Print/Type/Stamp Commissioned � Deli�laEOF RIDA Name of Notary Public) ao,�uE ExPirmsssion#D6 97 D THRUATy CBAIV• 16,201 Personally known 1G REV 2/23/2006 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 TW MANAGEMENT OF NAPLES,INC. a/k/a NAPLES INVESTMENTS,INC. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,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 10975 Tamiami Trail,Naples,Florida,Folio 62470120008,more particularly described as Lots 45 and 46,Subdivision of Block 1,Unit 1,Naples Park,per plat in Plat Book 4,Page 5,of the Public Records of Collier County,Florida was in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,section 5.06.06(CC)in the following particulars: This is a recurring violation involving accent lighting on exterior of said 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 5.06.06(CC)have been abated. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$351.67. 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 y day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,' The foregoing instrument was acknowledged before me thisi ' day of 2007,by Sheri Barnett,Chair of the Cod Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. • r•iY•.,, CHRISTINA L URBANOWSKI Ckx,-.11:± m4A_La_253 1, MY COMMISSION#DD 241717 NOTARY PUBLIC •.,3.. --41 EXPIRES:November 22,2007 My commission expires: iPnh `' Bondeo Thru Notary Pubic 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 TW MANAGEMENT OF NAPLES, INC. a/k/a NAPLE INVEST ENTS,INC.,The Beijing Restaurant (Business)430 Heron Avenue,Naples,Florida 34108 thisrJay of 2007. M.Jean son,Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 ; !: r' r;,.°.;X14.,h ~. ;ounL of COLLIE ^' I HEREBY CERTIFY THAT this is a true end correct copy et a cra'rv3rt on file In Beard sril^e:: tod 1 :;v rs of Collier County *NESS my h. 0,&iil &:IiCiai §eaI this day of ')WIGHT E. BROCK,CLERK Of COURTS 6141 tisjigila....0 t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jaycess Foundation of Naples Inc., Respondent(s) David Moran (Registered Agent), CEB No. 2007-38 DEPT No. 2006070469 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 Deed 4-7 8 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-38 COLLIER COUNTY DEPT CASE NO.2006070469 n BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jaycess Foundation of Naples,INC Respondent(s) David Moran(Registered Agent) NOTICE OF HEARING To: Jaycess Foundation of Naples,Inc.,Respondent(s) 4762 Capri Drive 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 May 24, 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. "taizt_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. 2007-38 vs. DEPT CASE NO.2006070469 Jaycess Foundation of Naples,Inc,Respondent(s) David Moran(Reg.Agent) 4762 Capri Drive Naples,FL 34103 STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Ordinance 2004-41 as amended,the Land Development Code Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(d)and Section 105.1 of the Florida Building Code 2004 Edition 2. Description of Violation:Improvement of property without permits 3. Location/address where violation exists: 2424 Davis Blvd.,Naples,FL 34104 4. Name and address of owner/person in charge of violation location: Moran, David, Registered Agent for Jaycees Foundation of Naples,Inc.4762 Capri Dr.Naples,FL 34103 5. Date violation first observed:July 25th,2006 6. Date owner/person in charge given Notice of Violation: Good service obtained via personal service on July 26t,2006 7. Date on/by which violation to be corrected: 8-11-2006 8. Date of re-inspection: 1-26-07 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 .ublic hearing. Dated this 20th day of Feb.,2007 girt Mario :.no Code E . cement Investigator STATE OF FLORIDA A'OTARY PUBLIC• COUNTY OF COLLIER A. Van T OF FI,O A �h rr '* - Sworn to(or affirmed)and subscribed before thislay ofb ,2007 by : '"'f :Commission#DD618488 „"Expires: NOV. 29,2010 BONDED THRC ATL?YLC BOYDi\G CO.,INC. �tA A� / (Sign. e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally knownYX or produced identification Type of identification produced REV 3-3-05 2 . Case Number 2006070469 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements C..------ NOTICE OF VIOLATION Respondent Moran,David R.A.for Jaycees Date: 7/25/06 Investigator: Ian Jackson Phone: 239-659-5727 Of Naples Inc. �..., Zoning Dist C-5 Sec 11 Twp 50 Rng 25 ling: 4762 Capri Dr.Naples,Fl.34103 Legal: Subdivision 145 Block Lot 15 Location: 2424 Davis Blvd.Naples,Fl.34104 Folio 22720480001 OR Book 4058 Page 1580 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 1E1105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-if-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 010.02.06(B)(1Xa)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building pennit(s),inspections,and certificate(s)of occupancy,etc. ❑111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is ®10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the 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 Observed alterations consisting of but not limited to electrical applicable county regulations. alterations made to structure. Owner must obtain Collier ""--"910.02.06(Bx1)(d)()In the event the improvement of property,construction of County building permit for alterations, arrange for the any type,repairs or remodeling of any type that requires a building permit has inspection of, and obtain a certificate of completion or been completed, all required inspection(s) and certificate(s) of occupancy certificate of occupancy for permit. Or owner must obtain a must be obtained within 60 days after the issuance of after the fact permit(s). demolition permit for alterations and arrange for the inspection Collier County Code of Laws and Ordinances Section 22,Article II of, and obtain a certificate of completion or certificate of 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, occupancy for demolition permit and remove alterations and electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, return structure to a permitted state. or do not provide adequate egress, or which constitute a fire hazard,or are Order to Correct Violation(s): otherwise dangerous to human like, or which in relation to existing uses, Must be in compliance with all Collier County Codes and Ordinances. constitutes a hazard to safety or health, are considered unsafe buildings or Apply for and obtain all permits required for described service systems. All such unsafe buildings,structures or service systems are structure/improvements: OR remove said structure/improvements, hereby declared illegal,etc including materials from property and restore to a permitted state. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior Must request/cause required inspections to be performed and obtain a to occupancy certification of a one or two family dwelling unit on the same certificate of occupancy/completion. OR demolish described property,the fence or enclosure required shall be in place at the time of final improvements/structure and remove from property. building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the :Must effect, or cause, repair and/or rehabilitation of described unsafe fence or enclosure required shall be in place prior to filling of the pool unless building/structure/systems: OR remedy violation by means of permitted during the period commencing with filling of the pool and ending with demolition of same. completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place,etc. Violation(s)must be CORRECTED BY: 8/11/06 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit Failure to correct violations may result in: (or other written site specific work authorization such as for excavation,tree 1) Mandatory notice to appear or issuance of a citation that may result in removal, well construction, approved site development plan, filling, re- fines up to$500 and costs of prosecution. OR vegetation,etc.)shall have been issued prior to the commencement of work at 2) Code Enforcement Board review that may result in fines up to$1000 per the site. Activities prohibited prior to permit issuance shall include,but are day per violation, as long as the violation remains, and costs of not limited to, excavation pile driving (excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures •ro = '.n. and disturbance or removal of protected species or habitat,etc. f 1 2-0 i Lk 7� Res.. de v i Date 106.1.2 Certificate of Occupancy. � 7/25/06 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 mss•. building until after the building official has issued a certificate of occupancy, Investigator' gnature Date etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 3 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[orj building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the Supp.No. 1 LDC10:82.3 4. APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a • building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations,ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation,grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and LDC10:83 5 Florida Building Code 2004, Building #14, tat maw k .47L :ry' : ;FLORIDA ' BUILDING 1J1 1C' DE • j }a+e sh rr�SS gal 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council,"the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. 2004 Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 7 IM. G. MORRIS Fax:2396420722 Jun 9 2006 16:57 P.07 ,""• WARRANTY DEED Made this /S day of June,2006. BETWEEN Felix Garcia and Rosa A.Garcia,husband and wife,party of the first part.Grantor.whose post office address is 1171 11*Street SW,Naples,FL 34117.and Jaycees Foundation of Naples,Inc., a Florida Non Profit Corporation,party of the second part,GRANTEE.whose post office address is P.O. Box 7721 Naples,FL 34101. WITNESSETII: That the said party of the first part for and in consideration of the sum of TEN DOLLARS AND NO/100,plus other good and valuable consideration,to it in hand paid by the said party 0 0 0 of the second part,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said GP CO c. party of the second part,its successors and assigns forever,the following described land situate,lying and .- being in the County of Collier and State of Florida,to-wit: .d, Lots 15 and 16,AVONDALE ESTATE,according to the map or plat thereof as recorded in ,p° PG Plat Book 4,Page 45,Public Records of Collier County,Florida. . sve.) 8 1= °o Subject to ad valorem real property taxes for the year of do_ ..and subsequent years;zoning,building code w and other use restrictions imposed by go - .. t: ..r' o ding oil,gas and mineral interests of record:if any and restrictions,resery '., s ,. !w,, .'` d , subdivision. awn a Property Appraisers Parcel Id .F€.'. umber is 22720480001 , me .as 11-1 Grantor warrants this is not.. . y any ,. .,....,, •.ntiguo to G ,tor's homestead. CS a �' 8 And the said party of the a st .:. .,j re. i. i. -.d,an will defend the same ap •••. ad against the lawful claims o all w'f. . v. ad. yor a a 1�� a; subsequent years;zoning.buil.. • ode d .th• 17 .., •.sed,.y g.vernmental authority; o and t � , crp» outstanding oil.gas and ,i recd; ' !r: d re •-' s, ations and easements co m common to the subdivisi.. .� ao co AG 0,, � O z IN WITNESS WHEREOF. .".. patty of the first part hash. ,,.to. '. and seal the day and year above written. �\ e---- 47.: o� ° Signed,sealed and delivered in , . 0, . i M o Witness# Signature 'elix Garcia o4/0 ii I - i(/'— o �e o■ o CV PrintedZ�J�ss#1 N e � r 4c , —it/ (� I ea -- a.- -'- Witrtpss#2 Signature Rosa A.Garcia I t_. i a Sz,.Cz. Printed Witness#2 Name STATE OF .<46KJ44 COUNTY OF C(0444 cm-- 06 I HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments, a°6 personally appeared Felix Garcia and Ross A.Garcia tome known to be the person described in and who co executed the foregoing instrument or who has produced Ct Vic/tic/K.0 L/C as Z it identification and acknowledged before me that they executed the same. WITNESS my hand and official WI u seal in the County and State last aforesaid this_L day of June,2006. aaa'' Notary Public State of Florida NOTAR GNATURE Timothy J Cotter Commission Expires:[SEAL] My Commission D0542421 �1 or P Expires 06/01/2010 Purred Willow elpliop■r 11/Ohm O.M. ,im. )H NeN Cole lo.r.ad.SM,70." Mum laud norlib 341tl urn sow g• CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-38 vs. JAYCEES FOUNDATION OF NAPLES, INC. David Moran(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 May 24,2007,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 JAYCEES FOUNDATION OF NAPLES,INC. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,did not appear at the public hearing but 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 2424 Davis Blvd.,Naples, Florida,Folio 22720480001,more particularly described as Lots 15 and 16,AVONDALE ESTATE,according to the map or plat thereof as recorded in Plat Book 4, Page 45,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)(1)(a)and 10.02.06(B)(I)(d)and the Florida Building Code 2004, Section 105.1 in the following particulars: Improvement of property without 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 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)and the Florida Building Code 2004,Section 105.1 be corrected in the following manner: 1. By applying for and obtaining all permits, inspections,and certificate of occupancy required for the improvements of the property within 30 days(June 23,2007); 2. In the alternative,by demolishing the improvements within 14 days(June 7,2007). The Collier County demolition permit has been issued to the Respondent's contractor. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 30days (June 23,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That, in the alternative, if the Respondent does not comply with paragraph 2 of the Order of the Board within 14 days(June 7,2007),then there will be a fine of$100 per day until the improvements are removed to an appropriate waste disposal facility. 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$360.40. 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 'y day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: j ,, Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisL• ay of 2007,by Sheri Barnett,Chair of the Cow Enforcement Board of Collier County,Flo 'I• . o is personally known to me or ✓✓ who has produced a Florida Driver's License as identi i . 'on. NOTARY PUBLIC My commission expires: P R'� Y' CHRISTINA L URBANOWS241 .i #DD 717 � XPIRES:November 22,2007 ? ¢ Sono d Thru Notary Public Underwriters State Of r t:ciRl .l% aour}ty of COLLIER 1 HEREBY CERTIFY THAT thss Is a true and correct copy ct a o :;uus,71ant on file to Board Minut-,s ano p-;.:cr=' of Collier County ►j�NESS my hz and Lr iciai seal this JT� ` day of DWIGHT E. BROCK, CLERK OF COURTS tot.1.114.6i441/44,- • 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 Jaycees Foun ation of Naples, Inc., David Moran, Reg.Agent, 4762 Capri Drive,Naples,Florida 34103 this day of 2007. /2,1 /27 M. Jean R son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-38 DEPT NO. 2006070469 Jaycees Foundation of Naples Respondent(s), STIPULATION/AGREEMENT S� 66gs ✓^�pFFTia,J COMES NOW, the undersigned, ��✓�D ///`"Ai , on behalf of himself or dfr N' ' ' LNc • 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 dated the 6'1'day of a'ki cf,yQ&Y o e Co 42o©'U7cnleE6 . 0607-3� 5aij 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.V°Q7' ; 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 2004-41 of the Land development Code, as amended, section(s) 10.02.06(B)1a and 10.02.06(B)1d and The Florida Building Code 2004 Edition Section 105.1. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$360.40 incurred in the prosecution of this case. 2) Abate all violations as follows: Being in compliance with all Collier County Codes and Ordinances. Applying for and obtaining all permits, inspections,and certificate of occupancy required for the improvements of the property within thirty days(30)of today's hearing OR a one hundred dollar($100)a day fme be imposed until violations are abated OR Li_ 1102- Demolishing the improvements within seven days_.(7Af'of today's hearing. Collier County demo permit been issued to the respondent's contractor OR a hundred dollar($100)a day fme be imposed until the improvements are removed to an appropriate waste disposal facility. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. /. /kg01-1//, )7/1A-za—m--0 Pr- /11679 Respondent , 1 Michelle Arnold, Director Z 4 V f ID 44 0 "' Code Enforce ent D partment i2 /07 5- 4-4(07 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-38 Jaycees Foundation of Naples DEPT NO. 2006070469 Respondent(s), STIPULATION/AGREEMENT 6g s v✓nI p�.T " S-P G COMES NOW, the undersigned, 0/>�d'9 �`"Ai , on behalf of himself or afr NAPG/S, GNc 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 dated the ,Z ''''day of zj L ZBg o o t, �°0yigc S fCEO . .o4o 7-3 y In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for a hearing is currently scheduled for .3 av-d7 ( ) n for which enforcement process; and to obtain a quick and expeditious resolution of the matters outlined herein 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 2004-41 of the Land development Code, as amended, section(s) 10.02.06(B)1 a and 10.02.06(B)1 d and The Florida Building Code 2004 Edition Section 105.1. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$360.40 incurred in the prosecution of this case. 2) Abate all violations as follows: Being in compliance with all Collier County Codes and Ordinances. Applying for and obtaining all permits, inspections, and certificate of occupancy required for the improvements of the property within thirty days(30)of today's hearing OR a one hundred dollar($100)a day fine be imposed until violations are abated OR i ViD Demolishing the improvements within seven days(?'of today's hearing. Collier County demo permit been issued to the respondent's contractor OR a hundred dollar($100)a day fine be imposed until the improvements are removed to an appropriate waste disposal facility. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. ki-C— 7/7679 Res ondent J Michelle Arnold, Director alVt rJ OQ,&`" Code Enforce ent D p artment i2407 5- 44-(0-) Date Date REV 2/23/07 t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Starboard Media Foundation, Inc., Respondent(s) NRAI Services, Inc(Registered Agent), CEB No. 2007-40 DEPT No. 2006060755 ITEM PAGE(S) ,---,, Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-18 Deed 19 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-40 COLLIER COUNTY DEPT CASE NO.2006060755 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Starboard Media Foundation Inc,Respondent(s) NOTICE OF HEARING To: Starboard Media Foundation Inc Registered Agent NRAI Services,Inc In care of Follett Mark,CEOD 2300 Riverside Drive Green Bay,WI 54301 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 May 24, 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 fmding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a 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 fmding of a repeat violation, impose a fine for each day the violation continues,beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Bendisa Marku Dated January 8,2006 Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-40 vs. DEPT CASE NO.2006060755 Starboard Media Foundation„Respondent(s) c/o Mark Follet,Registered Agent STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 Collier County Land Development Code as amended section 5.05.09 G(23) 2. Description of Violation:Communication towers/antennas in excess of 150ft without required lighting. 3. Location/address where violation exists: 12801 Curcie Rd.Naples FL 4. Name and address of owner/person in charge of violation location: Starboard Media Foundation inc. at 2300 Riverside Dr.Greenbay Wi 54301 5. Date violation first observed: 06/26/2006 6. Date owner/person in charge given Notice of Violation: 11/29/2006 7. Date on/by which violation to be corrected: 12/15/2006 8. Date of re-inspection: 12/16/2006 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar. . public hearing. Dated this 23rd. day of February, 2007 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (d Swo to(or a i'. ed d subscribed before thisjday ofqh ,2007 by _. ture of Notary•ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known/K or produced identification Type of identification produced NOTARY PUBLIC. I.A. ,•a< Sickle `rii5 =Co io #DD6184S8 4,nti•--``' XLtLt"r!S: ? t: 2°,2010 REV 3-3-05 BONDEDTJ RUAIi.: i, 4.4 _ 2. Case Number 2006060755 COLLIER COUNTY CODE ENFORCEMENT ''5 NOTICE OF VIOLATION ,er: Starboard Media Foundation Inc. Date: 11/15/06 Investigator Christopher Ambach Phone: 239-403-2446 Attn.Reg Agent NRAI Services,Inc. In Care of Follett,Mark,CEOD Zoning Dist A Sec 29 Twp 51 Rng 27 Mailing: 2300 Riverside Dr. Legal: Subdivision Block 7 Lot Green Bay WI.54301 Location: 12801 Curcie Rd.Naples Fl. Folio 775160000 OR Book 3807 Page 995 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- Must provide Required lighting on communication described location. towers/antennas exceeding 150 feet in height as ®Ord No. 04-41 as amended Section 5.05.09 G 23 required by Collier County ordinance DOrd No. Section (Supplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: December 15, 2006 Observed communication towers/antennas in excess of 150 feet in height without required lighting as mandated by Failure to correct violations may result in: Collier County Land Development code. 1) Mandatory notice to appear or issuance of a citation id Witness: that may result in fines up to $500 and costs of prosecution. OR f]Supplemental attached 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE violation remains, and costs of prosecution. ENFORCEMENT INVESTIGATOR Christopher Ambach 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2446 Fax:(239)403-234 SERVED BY: Investigator signature ®Personal Service ❑Certified Mail SPosting of Property VIOLATION STATUS: ['Fax [Nail Initial ['Recurring ❑Repeat Signature and Title of Recipient Print Dated this 28th day of June 2006 Notice of Violation Original to File Cony to Recnnnrient rn...,f.e:r<Uncr:.. 1 i'431 1 1 t -0 a i 8 0 , 4? -- 15 N ). z I 1.3- 6:„.„5 i ,....... r ! i (1 ❑ ❑ L ❑ dwr- a d �.,.' 2 c.) ' Li,O C' cc .0 0 Jj a 8 f 6,:g . O Tj f:L. (3 as 000 , c.) L) 1 .. i' ll' cr) 'Ni t 44 " i rr.i A 7 ? 1 glIPP LF-C1 phAtimil I a IN , - : F g Q. )- ' '‘)k CC -C ZW of 11 or res CC i 1 (i*Z!S) 1E11 F*: ir-3 Q z E .gQsg . A 0 g 'ao ° .. o . W o m Cr) CI § aZ � Y wZ0A el v) 6 4 H U, z. � 'p@ H E-' W in �, r0. ? W , E-4 A H 0 N .` LU "0 N V iHh d 0 p4 ❑ u ® E'C L. m a! � if O W � 17 T Li , r ) O 2 � do U z 8BEgrc 0 cl L Cr) 111 ■ III e-: i CO E__ _ C I z m oil, t!3 • cn M CD O. j rn Co 13 1 a .., ( 0 r- 4., a) CI) m eVe (It.?0 Cii ) life I 1 (I I) 01..4 irla Illt ? 0 ...._ ri ,.., o 1 1 ......... siNadlask m � a . I 4,, ,,�y • . . MY.�. 2q li .. 1 - It T . ,....... W .Ir i ...... • M. M r.M. ••• • I oft einioase M s f. O X • , , . as ( 1 .... 3 1 • • k I l 7 .__ _ ._ ____ ______. 5. SUPPLEMENTAL STANDARDS 5.05.08 F.S. 5.05.09 B.S. d. Should the applicant or staff request a decision by convening an Architectural Arbitration meeting, then the review of the Site Development Plan will be placed on hold upon receipt of the written request by the County's Architect. Should the County Manager or his designee request the assistance of the Architectural Arbitration Board, then review of the Site Development Plan will be placed on hold at staff discretion.Once a final decision by the Board is reached, review of the Site Plan shall resume. G. Exceptions. 1. Exceptions to the provisions of this Code may be granted by the Board of County Commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design while varying from one or more of the provisions of this Section, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual projects subject to Section 5.05.08 standards,where site specific factors may impact the ability to meet these standards, variance from one or more of the provisions of this Section may be requested pursuant to the procedures set forth in Section 9.04.00 Variances of this Code. (Ord. No. 04-72, § 3.T) 5.05.09 Communications Towers A. Purpose and intent.This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure;to maximize the use of specified new communication towers and, thereby,to minimize the need to construct new towers;to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to communications towers, section 5.05.09. 1. As used herein "antenna"does not include (a)wire antennas or(b) "receive only" dishes that have an outside diameter of less than forty (40) inches. 2. Effective radius means a radius of six (6) miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than six (6) miles. 4. "Unavailable to the applicant' means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower, antenna, and related facilities. 5. "Unavailable" means that no additional tower or site capacity is available to anyone. [The next page is LDC5:81] Supp.No. 1 LDC5:63 SUPPLEMENTAL STANDARDS 5.05.09 essential service listed in subsection 5.05.09((F)(3) below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground-mounted towers.Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts:Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH,TTRVC, or PUD permitting six(6) residential dwelling units or less.Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower(in feet)by a factor of two and one-half(2.5).(The minimum separation distance is two and one-half (2 1/2) times the height of the tower.) towers which do not meet the separation requirement may apply for a variance ti b. Agricultural in zoning accordance districts with within sec tone rural 9.04.00.designated area:Towers shall not exceed 250 feet in height. c. All agricultural zoning districts:No tower that exceeds 250 feet in height exclusive,of any antenna affixed thereto,shall be allowed on any site comprising less than ten(10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility,acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts,towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for govemmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade,'are permitted within these zoning districts. LDC5:87 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 5. Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts.The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers, antenna structures, and antennas. a. Rooftop towers,antenna structures,and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers, antenna structures,and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty(20)feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty(20)feet above the average natural grade,an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example,if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height,as provided herein, shall require conditional use approval, and the maximum allowable height of the structure, tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width,but not less than five(5)feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls,antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures,other mechanical equipment)shall be used to screen the communications tower, structure, and antennas. LDC5:88 '5 SUPPLEMENTAL STANDARDS 5.05.09 vii. The building and roof shall be capable of supporting the roof-mounted antenna, structure, and tower. viii. No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower, or antenna structure. 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half(2.5)times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six(6)units per acre or less,it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six(6)units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one-half(1/2)the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. 8. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 9. Placement of more than one (1)tower on a land site is preferred and encouraged, and may be permitted, provided, however,that all setbacks,design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1)tower fails,or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County-owned land available for towers and ancillary facilities at reasonable rents. 10. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions,and in no event shall such uses exceed twenty-five(25)percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible,to reduce traffic and congestion.Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street.All equipment shall comply with the then applicable noise standards. LDC5:89 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and acces- sory structures shall be fenced.This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade. 13. Tower lighting.Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Adminis- tration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA,the Federal Communications Commission,or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. Effective January 1, 1992, all guyed towers, including old towers, exceeding 185 feet in height shall be inspected every two(2)years.Such self-supporting towers shall be inspected every four (4) years. Each inspection shall be by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or mainte- nance should be completed without unnecessary delay.At a minimum, each inspection shall include the following: a. Tower structure: Including bolts,loose or damaged members,and signs of unusual stress or vibration. b. Guy wires and fittings:Check for age,strength,rust,wear,general condition,and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). LDC5:90 /M1 SUPPLEMENTAL STANDARDS 5.05.09 G.15. 5.05.09 G.23. 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no respon- sibility under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1)year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. 18. All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty(20)feet shall require a building permit. 19. Within the proposed tower's effective radius, information that specifies the tower's physical location, in respect to public parks,designated historic buildings or districts,areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application.This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then Supp.No.2 LDC5:91 f/ COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 G.23. 5.05.09 H.4. existing Federal Aviation Administration(FAA)technical standards.The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or ! any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005,to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. H. Alligator Alley communication towers. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classifi- cation(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of- way east of the toll booth (Alligator Alley).Two(2)of the four(4)towers shall be constructed to replace two (2) existing Florida Department of Transportation towers. The four (4) new telecommunication tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd).The height shall not exceed 250 feet, including antennas; c. The site of an existing FDOT tower located on State Road 29._Th e height shall not exceed 310 feet, including antennas; d. The site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas. e. Each tower shall be constructed with a capacity to provide for a minimum of four(4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum yard requirements.There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half(1/2) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices,shall be allowed within any certified collapse area(fall zone)for any of these towers. 4. Access. Physical access to each tower site shall be as approved by FDOT. Supp. No.2 LDC5:92 /7 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 and correct in the respective tower site's approved shared use plan,the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up-to-date,the plan shall be brought up-to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed,or other controlling document shall provide, or have the effect,that the site is exclusive to one (1)tower, unless there is good reason for such restriction,other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height(shared use tower),except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the maximum amount of additional antenna capacity reasonably practicable.Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans.Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers,ancillary equipment, and accessory uses.Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity.The tower owner(as to tower shared use plans) and the landowner(as to site shared use plans)shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee.Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower,the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan.An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space.No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a noncon- forming structure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity.The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. LDC5:84 /?i COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant,the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower.owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant. 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cable to be used. g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites.A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower, LDC5:82 l/ . SUPPLEMENTAL STANDARDS 5.05.09 C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine(199)feet above natural grade,exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed,the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed after the effective • date of this Ordinance, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 and 10,towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint.At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers.A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers,within the effective radius, that can possibly accommodate the needs of the applicant.The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant.A list of all owners contacted,the date of each contact,the form and content of each contact,and all responses shall be a part of the conditional use application. As an accommodation to applicants,the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally thirty (30) days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period,such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconforming structure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased. �., 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than six (6) miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant,the County Manager or designee may establish a lesser effective LDC5:81 SUPPLEMENTAL STANDARDS 5.05.09 antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower sites,within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site,the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates,street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. c. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty(30)days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond,the applicant shall provide the site owner(and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design,including technical,engineering,and other pertinent factors governing the intended uses and selection of the proposed design.An elevation and a cross section of the tower structure shall be included. f. Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accom- modate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222-E),or its successor functional equivalent,as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs,the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant.To the extent information is current LDC5:83 11'• SUPPLEMENTAL STANDARDS 5.05.09 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconforming tower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty(30)feet or twenty(20)percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty(50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by • the County Manager or designee; d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming; e. Substantiated proof that such proposed antenna(s)may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of,or addition to,an antenna equipment building or support building. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans and amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconforming structure.The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessory buildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming. The shared use plan shall be immediately updated to reflect each change. LDC5:85 17 COLLIER COUNTY LAND DEVELOPMENT CODE 5.05.09 9. For each tower with a height in excess of 185 feet that is approved, the tower owner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the tower owner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates)shall be specified in the shared use plan,and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan.Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval,to file an approved shared use plan,except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommo- date additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents)which shall be specified in the shared use plan. When land is rented for facilities on the site,the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from another government. To the extent that correct and up-to-date information is contained in an approved shared use plan,the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date,the respective owner shall,in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty(20)feet, are exempted by subsection 5.05.09 herein,no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH,TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection5.05.09(F)(7) below, towers may be allowed to any height as a conditional use in the E zoning district only on sites approved for a specified LDC5:86 ie. Retn: *** 3626131 OR. 3807 PG: 0995 *** LILLY PASSIDOMO FT AL RBCORDBD in the OFFICIAL RECORDS of COLLIER COUNT!, FL COBS 21600.00 2640 GOLDEN GATE PINY 0305 05/25/2005 at 12:21PM DNION! B. BROCK, CLERK RIC FEB 10.00 BULBS FL 34105 DOC-,70 151.20 TIUS INSTRUMENT PREPARED BY AND RETURN TO: �..,, Leah Espeseth Scott M.Grant,P.A. 3337 Tamiami Trail North Naples,FL 34103 Property Appraisers Parcel Identification(Folio)Numbers:00775160000 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED,made the 19th day of May,2005 by All Financial Network,a Delaware Corporation, herein called the grantor,to Starboard Media Foundation,Inc.,a Wisconsin non-profit corporation whose post office address is 2300 Riverside Drive,Green Bay,Wisconsin 54301,hereinafter called the Grantee: (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) WIT N E S S E T H:That the grantor,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,hereby grants,bargains,sells,aliens, remises,releases,conveys and confirms unto the grantee all that certain land situate in COI TIER County,State of Florida,viz.: The North 854 feet of the South 1054 feet of the West 534 feet of the East 1320 feet of the Southeast 1/4 of Section 29,Township 51 South,Range 27 East,Collier County,Florida; Together with an access easement of 30 feet wide,being described as follows: The North 30 feet of the o� south 200 feet of the East 816 feet of said Southeast quarter(SE 1/4)and the East 30 feet of the South —+ 170 feet of the said Southeast quarter(SE 1/4). All aforesaid distances to be measured at right angles W0,,=, to the respective section lines. w ID.VI TOGETHER, with all the tenements etrelenC� t Jlpurterrances thereto belonging or in anywise d CO a o appertaining 0 ?'r C v LL TO HAVE AND TO HOLD,the a f- im.le forever. C o °' e v 1,4' AND,the grantor hereby cov is 'th said L - i the It:,tor is a lly seized of said land in fee simple; �■ cop°2 that the grantor has good right d I• ` ve ran and hereby warrants the title to said a c, land and will defend the same :._ - la c } .. m ver,and that said land is free of all N encumbrances,except taxes: e u .: t - ..- t•. Y IN WITNESS WHEREOF,th.L,spi• grantor has signed :. • •-.p resents the day and year first above written. ~ O L' Signed,sealed and delivered in the p t ej .�C,. Fine•cial Network,Inc.,a Delaware I / A 1 1 L CI CC curporat •n /4.AiP • f�L /.,.t_ -_ _'s By: 1I _/�/A #a.._ Fitness#1 Si, D vid 7 Fle s her .—Zs, / f-t'►!7 Its:P :.ide.t W•es-#1 Printed • • ...r/. Witness# 'R'1: • AIX I . . t. 'fht.tS Witness#2 Prin • ■ame STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I Ay of May,2005 by David M.Fleisher,President of All Financial Netyork,Inc. a Delaware Corporation on behalf of the corporation who is personally known to me or has produced 0 iitler If Gte)Se.-- as identification. IFJTIlESPES7e5 SEAL ' /, 1� MY COi"MlSS10" 5,z0D9 0% I! —�% �-_/./A/ ?F f � mb,,,� P`orcwerwa+s •�.� Public /A.A.\ Printed Notary Name File No.:05122 /9. t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Horse Creek Partners, LTD., Respondent(s) Alan Schiffman, (Registered Agent), CEB No. 2007-41 DEPT No. 2005090022 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-41 COLLIER COUNTY DEPT CASE NO.2005090022 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Horse Creek Partners,LTD,Respondent(s) Alan Schiffman,Registered Agent NOTICE OF HEARING To: Horse Creek Partners,LTD Alan Schiffman(Registered Agent) 870 111th Ave.N. 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 May 24, 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 fmding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a 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 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. __4/4,,,Af1.4.— Bendisa Marku Dated January 8,2006 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. 2007-41 Vs. DEPT CASE NO.2005090022 HORSE CREEK PARTNERS,LTD ALAN T. SCHIFFMAN(Reg.Agent) FAIRWAYS RESORT(Business) ROSEMARY A SALA(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] 2. Description of Violation:Sign erected without proper county permit(s). 3. Location/address where violation exists. 102 Palm River Blvd, (folio#65220000100). 4. Name and address of owner/person in charge of violation location: Horse Creek Partners, LTD, Alan T.Schif@nan(As Reg Agt), 870 111th Ave N.,Naples Fl 34108 5. Date violation first observed:August 25,2005. 6. Date owner/person in charge given Notice of Violation:August 16th,2006. 7. Date on/by which violation to be corrected: September 16th,2006. 8. Date of re-inspection: March 16th,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 ..e have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforceme :.a , or. .ublic hearing. Dated this (of March,2007 10110" Kitchell T Snow Code Enforcement Investigator STATE OF FLORIDA NOTARY PUBLIC.STATE OF FLORIDA COUNTY OF COLLIER y,�•, K.A. Van Sickle Sworn to(or affirmed)and subscribed before this day of 2007 by =, ��. :Commission#DD618488 °.,,,,,.... Expires: Iti'OV. 29,2010 BONDED THRU ATL i GTiC i),_:+DLNG CO.,INC. �� ♦ Ate, (S',i.ture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification REV 3-3-05 9 • Case Number.2005090022 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION '<ner: Schiffman,Alan T Date: 08/16/06 Investigator Azure Sorrels Phone: 239-403-2455 R/A for Horse Creek Partners,LTD [Property Owner] Fairways Resort [Business] Zoning Sec 23 Twp 48 Rng 25 Dist Mailing: 870 111th Ave. N. Legal:g Block Lot Naples,Fl 34108 Subdivision 103 Palm River Blvd. Naples,FL 34109 Location: 102 Palm River Blvd. Folio 65220000100 OR 3351 Page 3048 Naples,FL 34109 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35,as amended,you are notified that a violation(s)of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. Obtain sign permit(s) and all inspection(s) for described sign if attainable or remove sign. After the fact permits must receive ®Ord No. 04-41,as amended Section 10.02.06(B)(2)(a) co's within 60 days after issuance of permit(s). Cease all future Ord No. 04-41,as amended Section 10.02.06(B)(2)(d) placements of signs other than those in compliance with the (ix) Collier County Land Development Code. Ord No. Section f 1Suoolemental attached rd No. Section DOrd No. Section ❑Ord No. Section ON OR BEFORE: September 16th 2006 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that Did Witness: Investigators AW#93 and AS#82 may result in fines up to$500 and costs of prosecution. OR On 8/25/05 2) Code Enforcement Board review that may result in fines up to One pole sign with no pole cover located on Horse Creek Partners $1000 per day per violation,as long as the violation remains,and property.Research shows no permits exist for mentioned sign.Have been costs of prosecution. working with business owner for Fairways Resort with no compliance. (Supplemental attached SERVED BY: Personal Service ['Certified Mail ['Posting of Property ['Fax [Nail / t I /u- A,L� ). o to V r f INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE • nature and Title of Red lent ¢ 1 ENFORCEMENT Azure Sorrels j� a INVESTIGATOR: h hP fie, N. e n Ran, V c e x(4.66,e tLt-- 2800 No.Horseshoe Dr.Napl FL 34104 Pr (239) 403-2455 Fax:(239)403-2343 Dated this 16th Day of August 2006 Investigator signature VIOLATION STATUS: ^�Initial ['Recurring ['Repeat 3. Notice of Violation Original to File ('nnv to Recnondent ('.nnv for Site Pnctinv Cnnv for rlffir•ial Dn.r:..,. 0...A inA 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 L1_ written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by 5• .•-•■ the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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 to• districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. -7. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. 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 8' 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. 9. Book 3351 -Page 3048 Page 1 of 1 3227881 OR: 3351 PG: 3048 t1CO1OID Is OttICUL WORDS of COILI!I COWT, IL 17/25f2003 it I1:1711 WWII 1. !tort. CLt1s cots MOWN This Daeuasal Mewed wro Optaios of Tide Sy: DC III 11.54 JAMS a. slmart, !BQtllat DOC-.70 412SIM without Opinion of Title 1000 Tamis:Ai Trail North, Suite 201 60ODLttfl CUM IT Al. Naples, florid* 34102 1001 i11I11I VI 1 MI Panel ID Somber: MIS IL 3110: Grantee a l 1 iN Grantee IC TIN Warranty Deed This Indenture, Made this 22nda, ea).of July , 2003 A D. Between Palm River Estates, Inc., an Ohio corporation ,grantor, and Norse Creek Partners, Ltd.a Florida limited partnership .rote mums K 1166 Dimock Lane, Naples, FL 34110 of the c.wtn of Collier , State of Florida ,grantee, WItnesserh that the GRANTOR.for and to comae:ram s eau suet of TEN DOLLARS ($10) DOLLARS. and other gad ad reliable caaaderuam to GRANTOR at had paid by GRANTEE, the eacmpt whereof a hereby aegowkdped.has framed hagamed and sold to the sad GRANTI:and GRANTEE'S hem.SICCOSOKS and amps foots.the follewai desatbad land.saw. +r ms and lamas as the County or State of Florida to we SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED BY REFERENCE. Subject to current taxes, easements and restrictions of record. and the psaata does hereby holly warrant the tale in said land,and well defend the some aping lawful dams of of persons nbaruoesa In Witness Wlier'eot,tbe poet has hereunto set its band and seal the day and yea feu above ammo Si`ned,gelled and delivered is our presence: Palm River Estates, Inc., an Ohio ��` a ration 1,44 Signature N s #1 �gislilj President (seal) print name: Tamoy J. Ashbee Addren:321 Tilting Way.Naples.N1.3df i Sigpature Ili as *F_J p - rint name: James King STATE OF IO (Corporate Seal) COUNTY OF / WAYNE The(aeon lesIMINIK am acknowledged befat at tt+a v 21st day or July ,2003 b. James Jelinek, President of Palm sliver Estates, Inc., an Ohio corporation on behalf of tlse corporation li.ennwi)it men he hem produced lus idenofmatum to7- 1 G.t<�.'1M Printed NINIA4 stony .1• Ashbee (Peppard) Notary Public / My Cwmrurxr n tx{nes / 7'A IWY ✓ Narrylostak,StersetOhis 2006 http://www.collierappraiser.com/viewer/Image.asp?ImageID=222039 3/23/2007 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-41 vs. HORSE CREEK PARTNERS, LTD. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 HORSE CREEK PARTNERS, LTD. 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 Tim Hancock,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 102 Palm Rive Blvd.,Naples,Florida,Folio 65220000100,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,sections I0.02.06(B)(2)(a)and I0.02.06(B)(2)(d)(ix)in the following particulars: Sign erected without property 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 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)be corrected in the following manner: 1. By submitting a complete and sufficient application for sign variance to maintain an off-premise sign in the subject location within 14 days(June 7,2007). 2. By pursuing variance process through final determination. If variance is approved,by submitting a complete and sufficient sign permit application within 30 days of variance approval. 3. By pursing all inspections through Certificate of Completion within 60 days of permit approval. 4. If variance is denied,by removing the sign from the subject location within 30 days of variance disapproval. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (June 7,2007),then there will be a fine of$150 per day for each day until the variance application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 30 days of variance approval,then there will be a fine of$150 per day for each day until the permit is submitted. 7. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days of permit approval, then there will be a fine of$150 per day for each day until the permit is CO'd. 8. That if the Respondent does not comply with paragraph 4 of the Order of the Board within 30 days of variance disapproval,then there will be a fine of$150 a day until the said sign is removed. 9. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$536.32. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ' day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: �� da4 Z 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�'1 day of , 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. CHRISTINA L URBANOWSKI �; 'k MY COMMISSION#DD 241717 NOTARY PUBLIC �� ' EXPII RESNNovembeerl222 2001 My commission expires:i:r; ` state or FL RIO ' ;ounty of COLLIER I HEREBY CERTIFY THAT;fp s is a true and correct copy ofa comment on file in Board Minute3-arid R coros of Collier County WITNESS my,4iano ano.officiai seal this --)4+1 day o{ . ,,LJ\:C A elP01- DWIGHT E. BROCK, CLERK.OF COURTS 1.14,44.Lainktiti jaw. Bits D. ,� 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 rse Creek Partners, LTD,Alan Schiffman,Reg.Agent,870 111`h Avenue N., Naples,Florida 34108 this ay of 2007. ,/---eat__/tA.))\.e. ......., / lU M.Jean Ra son,Esq. Florida B No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-41 DEPT NO. 2005090022 HORSE CRREEK PARTNERS, LTD ALAN SCHIFFMAN (REGISTERED AGENT) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the ndersigned, 4�r� . ee- Al, y(f�,y^ , on behalf of himself or . -leg- eve,y W f)-1ers(*(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 2007-41 dated the 24th day of May, 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 May 24, 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 04-41,The Land Development Code ,as amended, section(s) 10.02.06[B] [2] [a], 10.02.06[B] [2][d][ix]. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$536.32 incurred in the prosecution of this case. 2) Abate all violations by: OicAdeit d)(« if I A. Submitting a complete and suffi t application for sign vari�to maintain an o -premise sign in the subject location within ays of the hearing (June,?`, 2007) or a fine of$150 per day will be imposed until the variance application is submitted. 0" B. Pursuing variance process through final dete.- ,•- ••n. If variance is ap•roved, submit a complete and sufficient sign permit application wit ays of variance approval or a fine of$150 per day will be imposed until the permit is submitte.. Pursue all inspections through certificate of completion within 60 days of permit approval or a fine of $150 per day will be imposed until the permit is COed. C. If variance is denied, remove the sign from the subject location within 30 days of variance disapproval or a fine of$150.00 a day will be imposed until the said sign is removed. 3) Respondent must notify Code Enforcement that the violation has been abated. Respondent Date ' helle Arnold, Director Code Enforcement Department REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-41 HORSE CRREEK PARTNERS, LTD DEPT N0. 2005090022 ALAN SCHIFFMAN(REGISTERED AGENT) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the ndersigned, r1 LET e Al, c 2,41All, \ ' ' viii it'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 2007-41 dated the 24th day of May, 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 May 24, 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 04-41,The Land Development Code as amended, section(s) 10.02.06[B] [2] [a], 10.02.06[B][2][d][ix]. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$536.32 incurred in the prosecution of this case. 2) Abate all violations by: 3!) cyr&d,6 1(/ I fi A. Submitting a complete and suffi t application for sign vari to maintain an o -premise sign in the subject location within ays of the hearing (June,. 2007) or a fine of$150 per day will be imposed until the variance application is submitted. yrL B. Pursuing variance process through final dete •n. If variance is ap•roved, submit a complete and sufficient sign permit application wit LW•ays of variance approval or a fine of$150 per day will be imposed until the permit is submitt-•. Pursue all inspections through certificate of completion within 60 days of permit approval or a fine of $150 per day will be imposed until the permit is COed. C. If variance is denied, remove the sign from the subject location within 30 days of variance disapproval or a fine of$150.00 a day will be imposed until the said sign is removed. 3) Respondent must notify Code Enforcement that the violation has been abated. a/AAL Respondent Date ' hells Arnold, Director Code Enforcement Department REV 2/23/06 3227881 OR: 3351 PG: 3048 11001111 it ORICI1L WOW St COLLIIU CCM, 11 1712511113 it 11:1711 m t 1.INN,CM 016 01S111.11 TVs Ileemea1 Prepared erroOd s.d1aby, 11C 111 12.51 JAMES N. Ste, sSgpiq 10C-.71 47211.H Without Opinion of Title Sits: 1000 Taetaai Trail Worth, Suits 201 II1fl COLIN R LL MOM, Florida 74102 1111 1W112 fl 1 OH Pared 10 Norm n 31113 Omar 0117N: Onere 62 TIN: Warranty Deed This Indenture, Made this 22nk day of July , 2003 AD.. Between Pala River Istatea, Inc., an Ohio corporation ,v.abr, w Norse Creak Partaars, Ltd.a Florida Baited partnership woes wins do 1166 Dinock Lane, Naples, n 34110 or he Corry or Collier , Sim et Florida ,probe. Witseseth dot the GRANTOR.Steed i Gorr rice ofte as of TIM DOLL11Ri ($10) DOLLARS, NO oho good end risible oeoeldrrM be GMNICR rad pld by GRANTEE. re toeerpt%honed i busby adrabdtled,hY VYhw,berpinsd Yd sold Y the Yid GRANTEE did GRANTEES San,srsoreon qd ripe Raver.the adietvig Meadow lot dnrtr. lying rod betas i the Carty of Raft Or Florida out SIN ZEMIT A, ATTACIRD •1• ,• : •• NT 121121112K3. Subject to currant C✓ . sessents and - otions of record. pe_Ce".111"1111;0 .111 111( .4e O4t, (S. THE CIWC�1 red the par r dw beeby wdy wend tit Mk he end bat ad we Odra the sem gist bead err of al pawn rharear. Ii Witness Whsrsof,de grew br Maam er he bald rhd Yd the d4 rod per Rid above wire Stud,gala)sad delhirad b ear pressaa: Pala River Estates, Zoo., an Ohio anon Signature aC1tti his . President ) print nano: Taney J. /whim . .Mdmesil ilElli ANgbs.R.s4US • i1 ttist Vi as tc c print nano: ♦ Janes K na • STATE OF 0810 • COUNTY OF ✓ WAYNE 7M ronpig Yrba.nt woe actor~beat sal his 21st Ref at July 92003 by Janes Jelinek, President of Pala River istatss, Inc., an Ohio corporation on behalf of t.be corporation se r4 Nis MYerwbig Y ldYtlgoaiss. �`'!'`'`� Printed ifaNt aeay J. Ashbe. ( •ppard) Notary Public •�`�,.� bbcaa.itie.F�p,.K 1•'Y I1sargit1ialbins[als 1714101 144' - taYomw,Nhroap,s„enrd are or rah reaRMPi OR: 3351 PG: 3049 Exhibit A PARCEL A: A PARCEL OF LAND LOCATED IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 89°5731"EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23,FOR A DISTANCE OF 2,650.07 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 23;THENCE RUN NORTH 88°21'09"EAST,ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 23,FOR A DISTANCE OF 1,283.88 FEET TO THE NORTHWEST CORNER OF LOT 4 OF PALM RIVER ESTATES UNIT NO.5,AS RECORDED IN PLAT BOOK 10,PAGE 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 11°5733"WEST,ALONG THE WESTERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.5,FOR A DISTANCE OF 237.94 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST,WHOSE RADIUS POINT BEARS NORTH 78°02'25"WEST,A DISTANCE OF 140.00 FEET THEREFROM;THENCE RUN SOUTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 140.00 FEET,THROUGH A CENTRAL ANGLE OF kiror:' N DED BY A CHORD OF 113.28 FEET AT A BEARING OF SOUTH 35°49'27"WEST, ••• ` 1. 0 F 116.62 FEET TO THE NORTHEAST CORNER OF LOT 1057 OF PALM ' •}`l.4 �. • '• w RECORDED IN PLAT BOOK 8,PAGE 9,OF SAID PUBLIC RECORDS, , BEING A POINT •` . 'CULAR CURVE CONCAVE NORTH,WHOSE RADIUS PO t :t . • ; 30°22'06"WES A • STANCE OF 74.77 FEET THEREFROM;THENCE RUN ' i 0 • i I► •THE' •Y L' OF SAID PALM RIVER ESTATES UNIT NO.3 AND C OF S ► i TO E RIG , VINO A RADIUS OF 74.77 FEET,THROUGH A CENTRA 1f•':l; 1V i` ! i r A HORD OF 54.04 FEET'AT A BEARING OF SOUTH 80°4' 1 i,F• • '�1+ .,. • • 5..0 ET TO THE END OF SAID CURVE;THENCE RUN NOR , " SAID�R Y LINE,FOR A DISTANCE OF 500.00 FEET;TO A POINT ON • R • • ; A ' • . . ST,WHOSE RADIUS POINT BEARS NORTH 11°58'01"EAS [STANCE OF 220.40 1 a 1-a7•M;THENCE RUN NORTHWESTERLY ALONG SA!;-,;4. RTHERLY LINE Air :■ V• r SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.40 1 ,1'OUGH A CE •F 59°41'29",SUBTENDED BY A CHORD OF 219.37 FEET AT A B • a..iNORTH 48°I I' ` + ,FOR AN ARC LENGTH OF 229.62 FEET TO THE END OF SAID CURVE; 4; �til..• 0�; 28"WEST,ALONG SAID NORTHERLY LINE OF SAID PALM RIVER ESTATES 'it.. ,1?'•�;;, • TANCE OF 1,043.12 FEET TO THE NORTHWEST CORNER OF LOT 1075 OF SAID P • • • ESTATES UNIT NO.3;THENCE RUN SOUTH 00°01'52"EAST,ALONE THE WESTERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.3 FOR A DISTANCE OF 185.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CYPRESS WAY OF SAID PALM RIVER ESTATES UNIT NO.3;THENCE RUN NORTH 89°58'08"EAST,ALONG SAID RIGHT-OF-WAY LINE,FOR A DISTANCE OF 9.54 FEET;THENCE RUN SOUTH 00°01'52"EAST,ALONG SAID WESTERLY LINE,FOR A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF LOT 909 OF SAID PALM RIVER ESTATES UNIT NO.3;THENCE RUN NORTH 89°38108"EAST,ALONG THE SOUTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.3,FOR A DISTANCE OF 109.71 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 601 AT PAGES 1467 AND 1468 OF SAID PUBLIC RECORDS;THENCE ALONG SAID BOUNDARY THE NEXT FOUR(4)COURSES(1)SOUTH 00°05'20"WEST FOR A DISTANCE OF 350.00 FEET;(2)SOUTH 40°05'20" WEST FOR A DISTANCE OF 550.00 FEET;(3)SOUTH 77°35120"WEST FOR A DISTANCE OF 584.08 FEET; (4)NORTH 76°32'25"WEST FOR A DISTANCE OF 72.82 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1436.PAGE 1854,OF SAID PUBLIC RECORDS; THENCE RUN NORTH 75°35'11"WEST,ALONG THE NORTHERLY LINE OF SAID LANDS,FOR A DISTANCE OF 1 5.00 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2254,PAGE 1857,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 14°24'49"EAST, ALONG THE EASTERLY LINE OF SAID LANDS,FOR A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;THENCE RUN NORTH 75°35'11"WEST,ALONG THE Page 1 of 3 J OR: 3351 PG: 3050 NORTHERLY LINE OF SAID LANDS,FOR A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1519,PAGE 888,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 14°24'49"EAST,ALONG THE EASTERLY LINE OF SAID LANDS,FOR A DISTANCE OF 125.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;THENCE RUN NORTH 75°35'1 I"WEST,ALONG THE NORTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST;THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 25.00 FEET;THROUGH A CENTRAL ANGLE OF 90°00'00";SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF SOUTH 59°24'49"WEST,FOR AN ARC LENGTH OF 3927 FEET TO THE END OF SAID CURVE;THENCE RUN SOUTH 14°24'49"WEST FOR A DISTANCE OF 600.00 FEET TO THE NORTHWEST CORNER OF LOT 811 OF PALM RIVER ESTATES UNIT NO.2,PLAT BOOK 3,PAGE 96,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 75°35'11"WEST,ALONG THE NORTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.2,FOR A DISTANCE OF 310.00 FEET TO THE NORTHWEST CORNER OF LOT 864 OF SAID PALM RIVER ESTATES UNIT NO.2;THENCE RUN SOUTH 14°24'49"WEST,ALONG THE WEST LINE OF SAID PALM RIVER ESTATES UNIT NO.2,FOR A DISTANCE OF 1369.00 FEET TO A POINT ON THE NORTHEAST CORNER OF OLD TAMIAMI TRAIL AS SHOWN ON PLAT OF PALM RIVER ESTATES UNIT NO.7,PLAT BOOK 12,PAGE 30,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 75°35'11"WEST,ALONG THE NORTH LINE OF SAID OLD TAMIAMI TRAIL,FOR A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SAID OLD TAMIAMI TRAIL;THENCE RUN SOUTH 14°24'49"WEST,ALONG THE WEST LINE OF SAID OLD TAMIAMI TRAIL,FOR A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF L• °, OF SAID PALM RIVER ESTATES,THENCE RUN NORTH 75°35'11" .." ' ?i� T>=S,UNIT FOR A DISTANCE OF 223.95 FEET TO THE�l I,,,,, f,i;," • -_ . ,!, OF SAID LOT I,BLOCK C,FOR A THENCE RUN NORTH 00°30''28" 'd ONG SAID WEST + ' T QUARTER CE OF SAID SECTION T 23; Y ! SECTION DISTANCE OF 196.96 FEET TO THE SOUTHWEST CORNER OF ' •; �, T QUARTER O �� SECTION 23;THENCE RUN NORTH 00°31'56"WEST,ALO g I • - II NOR QUARTER,FOR A DISTANCE OF 2,658.77 FEET TO THE PO• • - �, ; . THE •ARCEL • ► HEREIN DESCRIBED, CONTAINING 85.602 ACRES, O•+• •r'•le' f. BEARINGS SHOWN HEREON •A R • TH ••R ' , 0 ;__j- i EST 1/4 OF SECTION 23, TOWNSHIP 48 SOUTH,RANG' ‘bt.,T,COLLIER CO L_ 0•, S BEINGS 89°57'3I"E. THIS PROPERTY IS SUBJECT TO ' ENTS,RESERVATI• Op •' OR RESTRICTIONS OF RECORD. PARCEL Bs 111E CCRC"0 Lots 856,857,858,859,860,861,862,863 and 864,Unit No 2,PALM RIVER ESTATES,according to the plat thereof recorded in Plat Book 3,Page 96,Public Records of Collier County,Florida. PARCEL C UNIT NO.1 OF PALM RIVER ESTATES PARCEL ONE: (a/k/a A portloa of Out Lot 1,Unit No.1 of Palm River Estates,PB 390) A parcel of land lying in that part of Unit No. 1 of Palm River Estates as recorded in Plat Book 3,Page 90 of the Public Records of Collier County,Florida being described as follows: Commencing at the Southwest corner of said Unit No. 1 of Palm River Estates Subdivision,run N 89 degrees 24'30"E along the South line of said subdivision fora distance of 120.01 feet to an intersection with the East line of those lands recorded in O.R.Book 1775,Page 2026 of said Public Records and the Point of Beginning: Page 2 of 3 . I OR: 3351 PG: 3051 *** Thence along the East line of said lands N 00 degrees 01' 12"E 55.50 feet to an Intersection with the South right-of-way line of Piper Boukvard; Thence along said right-of-way line S 89 degrees 58'48"E 265.00 feet to a point of curvature; Thence 39.27 feet along the arc of a curve concave to the Southwest having a radius Of 25.00 feet,a central angle of 90 degrees 00'00"and a chord of 35.36 feet bearing S 44 degrees 58'48"E to a point of tangency and an intersection with the West right-of-way line of Palm River Boulevard; Thence along said right-of-way line S 00 degrees 01' 12"W 27.40 feet to said South line of Unit No. 1 of Palm River Estates Subdivision; Thence along said line S 89 degrees 24'30"W 290.02 feet to the POINT OF BEGINNING. UNIT NO. 1 of PALM RIVER ESTATES PARCEL TWO:(a/Wa A portion of Out Lot 1,Unit No,1 of Palm River Estates,PB 3/90) A parcel of land lying in that part of Unit No. l of Palm River Estates as recorded in Plat Book 3,Page 90 of the Public Records of Collier County,Ft. -: %: ,I• . -•'bed as follows: O Beginning at the Southeast corner , ..y. No. 1 of ' 4 tes Subdivision.run S 89 degrees 26'00"W along the South line • :'• bdivision for a di , 7". ••0.87 feet Thence continue along . id - 4' "W 5.0 feet to an intersection with the East right-of-way line .f • I • • , Thence along said ri t-o 6.3 feet t0 a point of curvature; Thence 39.27 feet al �t;,a central angle of 90 .� T. c ' of 3 _ 3 et to a a radius of 25.00 feet, to a Point of Tan mtersec n „ , -way N 4S degrees Ol' 12"E Thence aloe said ri y line of Piper Boulevard 8 ' y line Si 89 degrees ' " .f�fj, : feet to an intersection with the East line of said Un • of Palm River Es on; Thence along said line S c . . 01' 12"W 43.66 'fr PONT OF BEGINNING. .41E CWC� SAO.s CIIn FoWrs Naples Realty O,oep�p(Pdnl surer Esiles .EGAL DESCRIPTION-FINAL FOR TAKING TITLE.doc Page 3 of 3 t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Angel Riquelme and Lissette Riquelme., Respondent(s) CEB No. 2007-42 DEPT No. 2006110569 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-42 COLLIER COUNTY DEPT CASE NO.2006110569 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Angel Riquelme and Lissette Riquelme,Respondent(s) NOTICE OF HEARING To:Angel Riquelme and Lissette Riquelme 2095 47t AVE 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 May 24, 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. 00:40%zdy/ AveLt_ Dated January 8,2006 Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 l COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-42 vs. DEPT CASE NO.2006110569 Angel Riquelme Lissette Riquelme ,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,the Collier County Land Development Code,as amended, Sections: 10.02.06(B)(1)(a), 10.02.06(B)(1)(d),and 10.02.06(B)(1)(d)(i). 2. Description of Violation:Unpermitted in ground swimming pool. 3. Location/address where violation exists:2095 47th Ave NE,Naples,FL 4. Name and address of owner/person in charge of violation location: Angel & Lissette Riquelme / 6061 Bur Oaks Ln,Naples,FL 34116 5. Date violation first observed:November 276,2006 6. Date owner/person in charge given Notice of Violation:November 276,2006. 7. Date on/by which violation to be corrected:December 22'1,2006. 8. Date of re-inspection: February 8th,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 8th.day of February, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of February ,2007 by Thomas Keegan iota. _f Si ature of Notary 17 ic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificatio produced NOTARY PUBLIC-STATE OF FLORIDA " K.A. Van Sickle •Illf Commission DD618488 REV 3-3-05 ED'/ComExpirmes: N0#v 29,2010 BONDTHRU ATLANTIC BOND LNG CO.,INC. 2. i/j'cb9 ® COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code & Other Permit Requirements Number`7 NOTICE OF VIOLATION � d , Date: Investi ator: Phone: 239 . , \ Q2 Zoning Dist esI-C ' C� Sec !3. Twp '/g Rng _f_i__ [ailing: boo' 9_ t kr.S LA Legal: Subdivision 7 1l ni f Lae Block RO Lot PA 30gs' 4771'` Ivy 3142 t �tf�d)�73 . 1$J'' Page o ocation:, Folio OR Book Pa e Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work B tlding or land alteration permit and certificate of occupancy until the completion of the project. 0.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is 6( )( )( ) Improvement property p p regulated by this code for which a permit is required,until released by the .02.0 B 1 d Im rovement of prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative • prior to the issuance of a building permit where the development proposed ` } �C% PO 1 /; requires a building permit under this land development code or other /( [ i-71•—r i ' 'ipplicable county regulations. vL _AI I , .02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy I must be obtained within 60 days after the issuance of after the fact permit(s). rder to Correct Violation(s): iy ust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Itist request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc DMust effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: / building inspection....Where pool construction is commenced after occupancy () : / - Q—D tp 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 Fail • correct violations may result in: during the period commencing with filling of the pool and ending with I Man.atory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines p to$500 and costs of prosecution. OR approved substitute shall be in place,etc. ) Code nforcement Board review that may result in fines up to$1000 per . it iolation, as long as the violation remains, and costs of 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit p o ;. (or other written site specific work authorization such as for excavation,tree ►/ �tt�� removal, well construction, approved site development plan, filling, re- •. vegetation,etc.)shall have been issued prior to the commencement of work at Res .ent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are not limited to, excavation pile driving (excluding test piling), well drilling, IS__ a • tto formwork,placement of building materials,equipment or accessory structures ' tigator's Signature 0 a• e , wand disturbance or removal of protected species or habitat,etc. .,ection 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 3. ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00ADEQUATE 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 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS,SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY;SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and i WHEREAS,the Board has directed that the LDC be revised to update and simplify its format,and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S.,in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS,all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, n, Florida, that: SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as iflully set forth. viii S. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES i-1 10.02.06 iii. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. viii. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the permit or an acceptable "early work" permit is submitted to the County Manager or his designee. ix. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade eleva- tions at all lot corners and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agenripc prior to rommanrament of any rnnstruntinn anti/nr development,inrjuding any changes in land configuration and land preparation. LDC10:81 61. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 3.80,as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required.Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the LDC10:82 `7 77 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances,codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and LDC10:83 5 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, is grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. 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). e. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts.The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code,an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land,shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General.Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy(see section 5.06.04 for exceptions)of any sign shall apply for and receive a building permit in accordance with Resolution No.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. LDC10:84 V 3787891 011; 3985 PG: 0222 Prepared by: RECORDED in OFFICIAL RECORDS of COLLIER CODEtL, FL Jennifer Fontella 02/20/2006 at 08:5480 MGR I. BROCI, CLIII Magnolia Title Services,LLC CONS 381500.00 3066 9th St North,Suite 302 RIC ri[ 18.50 Naples,Horida 34103 DOC-.10 2712.50 File Number: 601M1506 Reta: NACEOLIA TITLI SIRVICIS 3066 9!E St 0 1302 DELIS FL 34103 Warranty Deed Made this / day of r(-6rit a ry ,2006 A.D. by Jimmy Quintana and Ana Quintana,husband and wife, whose address is: 7965 Preserve Circle#725, Naples, FL 34119,hereinafter called the grantor,to Angel Riquelme and Lissette Riquelme,husband and wife, whose address is: 6061 Bur Oaks Lane, Na. - COU, hereinafter called the grantee: (Whenever used herein the • • 411`): •ntor" an• 4� • _.-" indude all the parties to this instrument and the heirs, I-•• representatives an. a -•ns of individuals, and the successors and assigns of co po •ti•^ _ Witnesseth, that the gra •r, o . • T • e sum of Ten Dollars, ($10.00) and -• a M • �••ed, hereby grants, bargains, sells, other valuable considerations, r:•-•, ��.-Y aliens, remises, releases,conve 4• as fi n • .. g • •-:,r l that certain land situate in Collier County, Florida,viz: '74 - p The East 105 feet of T u: . GOLDS =�',0. ESTATES, Unit 60, according to the Plat the ,• • : pd✓ • lat Book 7, Page 62,of the Public Records of Collier Coun , J • da. Parcel ID Number:39658640003 Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and easements of record; reservation of oil,gas and mineral rights of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful daims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2005. /d• • . *** OR: 3985 PG: 0223 *** • In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: .0°°" - - (Seal) /.,� / Jimmy Quintana Printed Name 7 /7 f),. I-e✓( •k _ i 4‘./V ' l . . ��;�1 ��• I� - (Seal) inta• witness Prim Name _A I , �OSEM M/n' ifix CrA 7 C(øPY State of Florida G0 1 County of Collier �p4 • 1 r-1x The foregoing instrument was acknowledg-�'_i+1..i� C/\)\s day of uer ty ,2006, ' by Jimmy QuintRinkand Ana Quints ,^husband and wife, who is/are personally known t6 me or who has produced (I(/P( I ( r e/i.S-P as identification. " 7 (SEAL) 1 f., ,,--,t,„,� NaryPubic-SEMeofRodda Non us J i = f Cmik.bloni 41360 , N•ntName: )e.'/IF-1: [ - �il ,F, ((ANWERLFONTEUA 0 '3 Bonded ByNata iNot"AVn. ► MY Commission Expires: I /--\ // CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-42 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 Angel Riquelme and Lissette Riquelma 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2095 47th Avenue N.E.,Naples,Florida,Folio 39658640003,more particularly described as The East 105 feet of Tract 80,GOLDEN GATE ESTATES, Unit 60,according to the Plat thereof, recorded in Plat Book 7, Page 62,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)(1)(a), I0.02.06(B)(1)(d)and I0.02.06(B)(I)(d)(i) in the following particulars: Unpermitted in ground swimming pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and 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)(1)(a), l 0.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i) be corrected in the following manner: 1. By submitting a complete application for all Collier County Building Permits within 30 days(June 23, 2007)and pursue the application process with due diligence until the permit is issued. 2. Upon issuance of permits,by requesting all inspections and obtaining a Certificate of Completion within 60 days of issuance of said permits. 3. In the alternative,by obtaining a Collier County Demolition Permit within 14 days(June 7,2007). 4. If a Collier County Demolition Permit is obtained,by requiring all required inspections and by obtaining a Certificate of Completion within 7 days of the day the permit is obtained. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 30 days (June 23,2007), then there will be a fine of$100 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,then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board, then there will be a fine a$100 per day for each day until the permit is obtained. 8. That if, in the alternative,the Respondents do no comply with paragraph 4 of the Order of the Board, then there will be a fine of$200 per day until the Certificate of Completion is issued. 9. 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. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.80. 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 Y day of /f Y /„an,— ,2007 at Collier County, Florida. O CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) l ' The foregoing instrument was acknowledged before me this"i day of 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or f who has produced a Florida Driver's License as i i_- • IMMO NOTARY PUBLIC My commission expires: CHRISTINA L URBMOWSKI State oi RONDA MY COMMISSION#DD 241717 -'��-P. EXPIRES:November 22,2007 litany Of COLLIER pF... Bonded Thru Notary Public Underwriters !° ' "3Y CERTIFY f THAT the Is a true and ::y at a nc*,.: n._na on at6ra in ..,.; •f;i L :� ;t-: ,r..r of (7!;;i for Qounty ,IJ TE3S r h- c i .z .1 this (r.` �y Gr 4 )WIGHT E. £tOCK, CLERK O COOTS ©.�i. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mailtall. S. Mail to Angel Riquelme and Lissette Riquelme,2095 47th Avenue N.E.,Naples,Florida 34120 this ay of 2007. M.Jean R on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-42 Angel Riquelme DEPT NO. 2006110569 lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,(kt,f ei rbwe-10►,ZOn behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110569 dated the 27thday 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 may 24th, 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) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted pool built without first obtaining all Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: 7 kg_ Submitting a complete application for all Collier County Building Permits within days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investiga •r to come out and perform a site inspection. 70 Or' Michelle Arnold, Director •' Code Enforcement Department sc" Date REV 2/23/07 Date BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-42 DEPT NO. 2006110569 Angel Riquelme lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,t c ,( e'tz-lm,.on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110569 dated the 27thday 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 may 24th, 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) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted pool built without first obtaining all Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: 77et„ Submitting a complete application for all Collier County Building Permits within 14 days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of$200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigat r to come out and perform a site inspection. Respaaig Michelle Arnold, Director Code Enforcement Department Date Date REV 2/23/07 t"'\ i I /*-■ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kalyvia, LLC., Respondent(s) Gus Sarvanos, Registered Agent R.W. Tires, Inc., Business Owner Ludwig J. Abruzz, Registered Agent for Business Owner CEB No. 2007-43 DEPT No. 2007020097 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-43 DEPT CASE NO.2007020097 COLLIER COUNTY )3OARD OF COUNTY COMMISSIONERS,Petitioner vs. Kalyvia,LLC.,Respondent(s) Gus Sarvanos,Registered Agent R.W. Tires,Inc.,Business Owner Ludwig J.Abruzz,Registered Agent for Business Owner NOTICE OF REARING To: Kalyvia,LLC.,Respondent(s) R.W.Tires,Inc.,Business Owner Gus Sarvanos,Registered Agent Ludwig J.Abruzz,Registered Agent for Business Owner 350 Harbor Passage 11521 Woodmout LN Clearwater,FL 33767 Estero,FL 33928 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 May 24, 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 ?nforcement 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. endisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-43 vs. DEPT CASE NO.2007020097 KALYVIA,L.L.C., Gus Sarvanos As Registered Agent For: (Property Owner) R.W.TIRES INC. Ludwig J.Abruzz As Registered Agent For: (Business Owner) Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s04-41,Land Development Code, as amended,Sections,5.04.05 [A][1] 2. Description of Violation:Banner displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 9401 Tamiami Trail, North, Naples Fl (folio # 62764520000). 4. Name and address of owner/person in charge of violation location. Kalyvia, L.L.C., 350 Harbor Passage,Clearwater Fl,33767. 5. Date violation first observed:February 3rd,2007. 6. Date owner/person in charge given Notice of Violation:February 12th 2007. 7. Date on/by which violation to be corrected:March 5th,2007. 8. Date of re-inspection: March 23,2007, and April 9th,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. 16th Day of April,2007 L*44 I 14A Ki --11 Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this day of it (2007 by (Signature of Notary PublicWW/7 t (Print/Type/Stamp Commissioned Name of Notary Public) Personally known/I\Yx or produced identification Type of identification produced NOTARY Yl. L C-STATE OF FLORIDA K.A. Van Sickle °j Commission#DD618488 ''•.,,,,,,••'Expires: NOV. 29,2010 BONDED THRU ONDLNG CO.,INC. 2 Case Number 2007020097 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ,P- ter: GUS SARAVANOS Date: 2/5/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AS REGISTERED AGENT FOR: KALYVIA L.L.C. [PROPERTY OWNER] R.W.TIRES,INC. [BUSINESS OWNER] Zoning C-4 Sec 28 Twp 48 Rng 25 Dist Mailing: 350 HARBOR PASSAGE Legal: 1273 Block 57 Lot 6 CLEARWARTER FL,33767 Subdivision 11521 WOODMOUNT LN ESTERO FL,33928 Location: 9401 TAMIAMI TRL Folio 62764520000 OR 2695 Page 2451 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s) exists at action(s) the above-described location. OBTAIN TEMPORARY USE PERMIT FOR SAID BANNER. DATES STARTING 2/3/07.AFTER THE FACT FEES ARE TO APPLY. El Ord No. 04-041,as amended Section 5.04.05[A][1] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN ['Ord-No. ,as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. ❑Ord No. ,as amended Section J�Supplemental attached Ord No. ,as amended Section rd No. ,as amended Section VOrd No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: MARCH,5TH 2007 r. Did Wi l�r ON / 07- 1 BANNE GOODYEAR ATTACHED TO TIRE RACKS IN Failure to correct violations may result in: FR NT OF PROPERTY DISPLAYED WITH OUT OBTAINING 1) Mandatory notice to appear in court or issuance of a citation that REQUIRED PERMIT(S) .VERBAL WARNING HAS NOT RESULTED IN may result in fines up to$500 and costs of prosecution. OR COMPLIANCE. 2) Code Enforcement Board review that may result in fines up to THIS IS CONTRARY TO THE COLLIER COUNTY LAND $1000 per day per violation, as long as the violation remains, and DEVELOPMENT CODE AND THE PROPERTY MAINTAINCE CODE costs of prosecution. AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. SERVED BY: FlSupalemental attached ORDINANCES ❑Personal Service ® fCertied Mail 0 Posting of Property ['Fax ['Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Signature and Title of Recipient ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34 0 Print (239) 403-2493 i •r -2324 TH Dated this 5-11-1 2007 Investigator signature ' I day of VIOLATION STATUS: Initial ['Recurring ['Repeat 3 . Notice of Violation Original to File Conv to Recnontlent ('nnv for Site Posting Con/for Official Posting Rev 4/04 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign- 10 item 4 if Restricted Delivery is desired. 0 Agent II Print Print your name and address on the reverse I 14! . . _' '•dressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, , 2.(2,07 or on the front if space permits. �• a' D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: pi__No --r--�•^– -- — _ _ KALYVIA LLC GUS SARAVANOS R/A Se ice 350 HARBOR PAS SAGE 3%ie Type ce Ty Typ Mail O Express Mail CLEARWATER, FL 33767 1811 0 Registered 0 Return Receipt for Merchandise Case Nbr – 2007020097 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 0390 0002 0232 1389 11) y/14495(Transfer from se PS Form 3811,February 2004 Domestic Return Receipt 2 6 ,0- 102595-02-M-1540 • 4. 5.04.00 TEMPORARY USES AND STRUCTURES Page 6 of 11 approval shall require a CSP which addresses the requirements of section 5.04.04(C) of this Code. Temporary use permits for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s). C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four (4) parking spaces for the first model unit and one and one-half (1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential .-. impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-wayand the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any hrr„•//lihrarvl miinirnrlP.cnm/mcc/DncView/13992/1/36/40 3/12/2007 ) 5.04.00 TEMPORARY USES AND STRUCTURES Page 7 of 11 calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annualleases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage . In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A) (5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. hm, //1ihrarv1 m»nicode.com/mcc/DocView/13992/1/36/40 3/12/2007 5.04.00 TEMPORARY USES AND STRUCTURES Page 8 of 11 e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churchesand other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 3. The applicant shall provide a notarized letter from the property owner or the property manager granting permission to utilize the subject property for the temporary seasonal sale. 4. Temporary use permits for seasonal and/or holiday sales may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage In addition to the placement of signs, merchandise, temporary structures, and equipment may be placed on the site. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this Code and shall be subject to the penalties herein. httD://library1.municode.com/mcc/DocView/13992/1/36/40 3/12/2007 7, Ret stn to:(enclose self-addressed stamped envelope) WARRANTY DEED (FROMCORPORA11ONI Mmw Metropolitan Title & Guaranty Mims 12651 McGregor Blvd—Suite 2-202 2659393 OR: 2695 PG: 2451 Ft. Myers, FL 33919 RECORDED is OFIICIAL RECORDS of COLLIII COMFIT, F1 07101/2004 it 11:147K DWIGHT I. BROCI, CURE cods nit Idtruttbel Prepared by: Linda Gregory 725000100 COB 00 ill Metropolitan Title & Guaranty SIC Fit 5015,00 slums.. 12651 McGregor Blvd.,Suite 2-202 Sets: Ft. Myers, FL 33919 KIlROrOLITAd 71715 12651 KCGREGOR BLVD I 10: PopatyAppraisPescildmu fication(Folio)Numbet(s) FT !MRS if 31915 er Graces)S.S.r(s) 1 File No.: 02,725 CABD�VF MIS LINE.FOR PROCESSING DATA SPACE ABOVE MIS LINE FOR RECORDING DA to This Warranty Deed Made and executed the 5th day of July A.D.2000 by TRINITY DEVELOPMENT CONSULTANTS, INC., A FLORIDA CORPORATION a corporation existing under the laws of .and having its principal place of business at 12670 New Brittany Road M 101, Fort Myers, F1 33907 hereinafter called the grantor.to KALYVIA. LLC whose postoff'Fce address is 350 Harbor passage Clearwater, Fl 33767 hereinafter called the grantee: (Whenever used herein the emu 'grantor' and 'granite' unclan all the panes to this metmnen, and do heirs. legal representatives and assign of individuals. and the successan and amens of contentions) Witnesseth: That the grantor,for and in consideration of the sum of S 10.00 and other valuable considerations.receipt whereof i • r7`•,t •y -tby these presents does grant,bargain,sell,alien, remise.release.convey and confirm t'.11 s , situate in Collier County,Florida,viz: 0 Lots 6, 7, B, 9 and 10 57, NAPLES PAR NO. 5, according to the plat thereof, as recorded n P • f 3, page 14, - bli Records of Collier County, Florida. - 0 CC o YH Subject To covenants, 'tions restrictions. - ' ,) e•, .easements and agreements of record, if any;taxes and assessments f. - alt, and ast -,•I •all applicable zoning ordinances antler restrictions and prohibitions'.1. •-, governmental sullen ,yI Together with all the to 1 a. .. ereditaments and 1,t ces thereto belonging or in anywise To appertaining. and to Hold, the • #d lei,• And the grantor hereby covenants wi t, ' ( that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land: that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persona whomsoever,and that said land is free of all encumbrances. In Witness Whereof the grantor has caused these presents to be 'CORPORATE MALI executed in its name,and its corporate seal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year first above written. ATTEST: TRINITY DEVELOPMENT CONSULTANTS, Inc., a Florida corporation Si-••-• - -. vcsvd Us the pcc.cnce of IME(ulllli STATE OF ,Florida COUNTY OF Lee 1 HEREBY CERTIFY that on this day,before me,an officer duly authorised in the Stale and County aforesaid to take acknowledgments, ttsa.aalty apps TCe k•A t Gu'd 4- (remedy kno.ratomeor ltt bemidWitlel�by Florida State Driver's License(s) , being duly sworn and) wen bows to ma lobe the Y.jIA[rL and respectively of to=pored=wined an grantor in the foregoing deed,and that they severally scknowkdged executing the same in the presence of two sobseribiag witnesses freely and voluntarily under authority duly vested in than by said corporation and that the seal affixed thereto is the Hue cerpante sea of said corporation. WITNESS my hind and official seal in the Cowley and Stare last aforesaid this 5th day of July .A.D. 2 000 INy coteewiae t t.'i�; �' ' .�'. MY Damn,:...:�'t C(•l: - . OF a 00-25-05 #'L1'•b.t: f!•,,v•.u.,.,u.:+tat n• a --ory Mgr MA Notate H„r,Is,drwntrn I , COtOfMC CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-43 vs. KALYVIA, LLC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,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 KALYVIA, 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,did not appear at the public hearing but 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 9401 Tamiami Trail N.,Naples,FL,Folio 62764520000,more particularly described as Lots 6, 7, 8,9,and 10,Block 57,NAPLES PARK UNIT NO. 5,according to the plat thereof,as recorded in Plat Book 3,Page 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,section 5.04.05(A)(I) in the following particulars: Banner displayed without first obtaining required Temporary Use Permit. 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,section 5.04.05(A)(1)be corrected in the following manner: I. By submitting for two permits within 7 days(May 31,2007)for the banners displayed on said property. Start dates for permits are from March 23,2007 to March 27,2007 and from April 9,2007 until April 12, 2007. After the Fact permit fees are to apply for permits. . 2. Upon expiration of permits,cease displaying any banner or sign that does not have proper permits within the unincorporated area of Collier County, Florida. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 7 days (May 31,2007), then there will be a fine of$250 per day for each day until said permits are obtained. 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. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$396.44. 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 'y r/4 day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: —264 20 Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this4day of 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 Lic-•-- as it enti i . '• . I TARY PUBLIC r CHRISTINA L URBANOWSKI . MY COMMISSION#DD 241717 N +commission expires: VO EXPeIdRESNo m tru22 2,SERI IFICATE 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 Kalyvia,LLC.,Gus Sarvanos, Reg.Agent,350 Harbor Passage,Clearwater, FL 3 7 and R.W. Tires, In ., Ludwig J. Abruzz,Reg.Agent, 11521 Woodmount Lane,Estero,FL 33928 this ay of 007. :ate at FL O:t lk .Jeavi awson, Esq. :��Inty of COQ. ER Florid ar No. 750311 Attorney for the Code Enforcement Board 1 HEREBY CERTIFY THAT this Is a true MO 400 Fifth Avenue S., Ste. 300 �crrc:t copy of a cocument on file in Naples, Florida 34102 ,-;oar,, Minute ono R:,sorbs of Collier County (239)263-8206 ,�3(► ESS my ha;o cno official l this 1'i` clay of °WIGHT E. BROGK, CLERK OF COURTS t�vs _-'0.0.:.a. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-43 KALYVIA LLC DEPT NO. 2007040239 GUS SARVANOS (AS REGISTERED AGENT) Respondent(s), STIP L•TON/• t REEMENT tit" I COMES NOW, the undersigned, . 0 ic_k d_ "4 �i on behalf of himself or 4,07-41z_< as representative for -espondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-43 dated the 24th day of May, 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 24th of May 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41 of the Land Development Code section(s) 5.04.05[A][1] and are described as Banner displayed without first obtaining a Temporary Use Permit .. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$396.44 incurred in the prosecution of this case. 2) Abate all violations by: i I A. Submit for 2 permit(s) within 7 days from the date of hearing for the banner(s) displayed on said property or a fine of$250.00 a day will be imposed until said permit(s) are obtained. Start dates for permit(s) are from March 23rd, 2007 to March 27th, 2007 and from April 9th, 2007 until April 12th, 2007 After the Fact permit fees are to apply for permit(s). Upon expiration of permit(s) cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County. 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 that the violation has been abated and request the Invest' a r co a ut and perform a site inspection. Respondent Miche a Arnold, Director Code Enforcement Department ---c)--(4` ° —7 6.--b-4) -7 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Gollier County, Florida • Petitioner, Vs. KALYVIA LLC CEB NO. 2007-43 GUS SARVANOS (AS REGISTERED AGENT) DEPT NO. 2007040239 Respondent(s), STIP L T ON/ REEMENT COMES NOW, the undersigned, ii. . ici�� ' I on as representative for espondent and enters into this Stipulati on nand Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-43 dated the 24th day of May, 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 24th of May 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41 of the Land Development Code section(s) 5.04.05[A][1] and are described as Banner displayed without first obtaining a Temporary Use Permit .. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$396.44 incurred in the prosecution of this case. 2) Abate all violations by: A. Submit for 2 permit(s) within 7 days from the date of hearing for the banner(s) displayed on said property or a fine of$250.00 a day will be imposed until said permit(s) are obtained. Start dates for permit(s) are from March 23`d, 2007 to March 27th, 2007 and from April 9th, 2007 until April 12th, 2007 After the Fact permit fees are to apply for permit(s). Upon expiration of permit(s) cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County. 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 that the violation has been abated and request the Invest•a a r • co - •ut and perform a site inspection. • Respondent ' s M the e Arnold, Director Code Enforcement Department Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-43 DEPT CASE NO. 2007040239 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. KALYVIA, 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 May 24th, 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 4241 PG 2435,et. seq. 2. That a re-inspection was performed on May 25th, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board: has been taken 1. Obtaining two(2)permits for banners displayed on said property.ATF fees have been applied. 2. Removal of banners upon permit expiration. 3. Respondent did comply within 7 days of the date of the hearing by obtaining permits for said banners. 4. Respondent did not notify code enforcement investigator when the violation was abated. 5. The operational cost in the amount of$396.44 have been paid. FURTHER AFFIANT SAYETH NOT. Dated June 29th,2007. COLLIER COUNTY,FLORIDA CODE RCEMENT BOARD Kitchell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subs •.-• s efore me this 29th day of June,2007 by Kitchell T. Snow. ,s ( i ~ture of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Delicia Pulse (Print/Type/Stamp Commissioned s% =Commission#DD629723 ••''Expires: JAN. 16,2011 Name of Notary Public) La:;DkDTHRUATLANTIC BONDING CO.,INC. Personally known J REV 2/23/2006 t"'\ i I /*-■ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Innovation Construction and Development, LLC CEB No. 2004-075 DEPT No. 2003080359 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S) Executive Summary 1 �-. Past Orders of the Board 2 Affidavit(s) 3-5 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n CEB CASE NO. 2004-075 DEPT CASE NO.2003080359 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Innovation Construction&Development LLC R/A Francois,Joseph,Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Innovation Construction &Development LLC R/A Francois,Joseph,Respondent(s) 136 Napa Ridge Way Naples,Fl 34119 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on May 24,2007 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.2004-075 DEPT CASE NO.2003080359 Board of County Commissioners vs. Innovation Construction and Development, LLC Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.01 Location: 219 2"d Street S, Immokalee FL Folio: 25630790009 Description: No Permits for alterations of structure, improvement to property prior to obtaining Permit: electrical,plumbing, doors, windows, walls. Past Order(s): On January 27, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3730 PG 2014, for more information. The Respondent has not complied with the CEB Orders as of January 27, 2005 RECOMMENDATI_LIME Issue an Order Imposing Lien in the amount of$ 39,374.79 See below. Order Item#2; Order Item #5 Fines at a rate of$50 per day for the period between February 27, 2005—April 27, 2005, (59 days) for the total of $2,950.00 Order Item#3; Order Item # 6 Fines at a rate of$ 50 per day for the period between May 28, 2005-May 14, 2007, (716 days) for the total of$35,800.00. Fines are still accruing. Order Item #8 Operational Costs of $ 624.79 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Az BOARD OF COUNTY COMMISSIONERS, ti CS P0 bmoCD no o COLLIER COUNTY,FLORIDA, y °- bn nd DO .41 Petitioner, _, ti ca vs. CEB N0.2004-075 I- CO bO nd MS CI CO TAYLOR,RALPH W.AND JEAN, w po Respondents o bi02 bi / Az o CS Cs P2 FINDINGS OF FACT CONCLUSIONS • CO CO OF LAW AND ORDER OF THE BOARD `" un es Cal so THIS CAUSE came on for public hearing before the Board on January 27,2005,and the Board,having heard c+ c r cr as testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its (.77 Findings of Fact,Conclusions of Law,and Order of the Board,as follows: F--+ FINDINGS OF FACT • bal CO 4-3 .41 gg CO C2 1. That Ralph W.Taylor and Jean Taylor are the owners of the subject property. ea co 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the • «,. o Respondents,having been duly notified,failed to appear at the public hearing. ga 3. That the Respondents were notified of the date of hearing by certified mail and by posting. • m• ea N 4. CI G O That the real property located at 219 2nd Street S.,Immokalee,Florida,Folio Number 725630760009 SO more particularly described as Lot 12,Block 8, CARSON'S = &Pa in Plat Book 1,page 33 of the Public Records of Collier County,ADDITION,according to the plat thereof as recorded ~° Ordinance 91-102,as amended,The Collier County Florida,is in violation of Collier County t• following particulars: tY Land Development Code, Section 2.7.6.1 and 2.7.6.5 in the No permits for alterations of structure and improvements to ro P Pe ity. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authori in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: ty granted That the violations of Collier County Ordinance 91-102,as amended,The Collier County Land Development Code,Section 2.7.6.1 and 2.7.6.5 be corrected in the following manner: 1. By securing all openings in the structure within ten(10)days(February 6,2005); o� 2. By obtaining permits for all alterations/improvements within thirty 3. By obtaining all inspections and a Certificate of Occupancy (30)days(February twenty(120) days(May 27,2005). P y thin one hundred and twenty(120) 011: 3730 PG: 2015 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within ten(10)days(February 6,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within (30)days(February 26,2005), then there will be a fine of $50 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board within one hunched and twenty(120)days(May 27,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 7. 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. 8. 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 the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited thirty appellate of review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 7' Florida. day of fpi) ek ,2005 at Collier County, • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: • Cliff Flega Chainpan L 2800 No o Hors hoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER))SS: The foregoing instrument was acknowledged before me this r� 2005,)1,y-C1iffFle al Chairman day nt z ri a, r g i man of the Code Enforcement Board of Collier County,Florida, wh is personally known to me or who has oduced a Florida Driver's License as identification. Donna L.Modugno .`•�YP�'c Commission#DD234494 NOT� •Y PUBLIC • My commission expires: s*. o Expires:Aug 18,2007 Bonded Thru ,"'s Atlantic Bonding Co.,Inc. State of FLORIDA,,T , �' ,,. C • ounty of m f~R- • co ERrEBY E ';iE HATS re,,.11, � correct copy Ora doOnmaation. Board Minutes 00- ;Recd 'of:C lfer County WITN ESS"_mY :and a#icfai. this DWIGHT E. BROCK, fttP DURTS Bv:� r(-� hh ltin• An - - 4. • *** OR: 3730 PG; 2016 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been not by U.S.M it to Ralph W.and Jean Taylor,2111 Barkeley Lane,Unit#5,Ft.Myers,Florida 33907 this ,;�' 2005. day of -ej 1' �r M.Jean son,Esq. Florida ear No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2004-075 ■-■ DEPT CASE NO. 2003080359 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Innovation Construction&Development LLC R/A Francois,Joseph F.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carol Sykora, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on January 27, 2005,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 3730 PG 2014,et. seq. 2. That a re-inspection was performed on May 7, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. The Respondent has secured all openings in the structure within 10 days by February 6th, 2005. The respondent has obtained permits for alterations/improvements by April 27th,2007. The respondent is still in violation by not obtaining all inspections and a Certificate of Occupancy has not been issued. FURTHER AFFIANT SAYETH NOT. Dated May 7, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Carol Sykora Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER I• o(ir a 1 )an• ub ribed before me this May 7, 2007 by Carol Sykora. 'gnature of Notary Public) ir Linda C. Wolfe o�FnYP�aG s 4.• ••".".=Commission#DD273407 '`O.a� Expires:Dec 07,2007 '9jFOF es" Bonded Thin (Print/Type/Stamp Commissioned Atlantic Bonding Co.,Inc. Name of Notary Public) REV 3-14-05 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2004-75 vs. INNOVATION CONSTRUCTION&DEVELOPMENT, LLC. Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 27,2005,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 February 2,2005 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 3730,PG 2014, et. seq. on February 8,2005. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on May 7,2007, 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 Respondents have not complied with the Order dated February 2,2005,2007, it is hereby ORDERED,that the Respondents, Innovation Construction&Development,LLC,pay to Collier County fines of$2,950 for Order Item 2 and 5, for the period between February 27,2005 through April 27,2005 (59 days) at a rate of$50 per day and fines of$35,800 for Order Item 3 and 6, for the period between May 28,2005 through May 14,2007(716 days)at a rate of$50 per day,plus$624.79 for the operational costs, for a total of$39,374.79. 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 Respondents. DONE AND ORDERED this //P 7 day ofGe, _ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „II; Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) (--V4 The foregoing instrument was acknowledged before me this day of■...)..).S"''(■SL.,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally is • . , e or who has produced a Florida Driver's License as identification. C �( iA NOTARY PUBLIC al:* CHRISTINA L 11RBANOWSKI CHRISTINA commission expires: P. , .+a MY COMMISSION#DD 241717 -�i, EXPIRES:November 22,2007 Rr;° 6ondedThru Notary PublbeL „� _ 1 ATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Innovation CPUs r ction&Development LLC,Joseph Francois,Reg. Agent, 136 Napa Ridge Way,Naples, FL 34119 this b day of 007. /l ._ _ Rate oi . ew `4 �: M.Jean Wa son,Esq. 'oun y of COLLIER r"' Florida :.r No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY THAT this is a true end 400 Fifth Avenue S.,Ste. 300 corroC't copy of a coctmicnt on file to Naples, Florida 34102 Board Mintitc% ana F : cw.yS;of.Coll ter County (239)263-8206 ' NESS my ticc,a nct c fialal seai this 2T'� 2 day o{.tt,j,,v p ,X0"1- - DWIGHT E. agoc,K,CI*OF 000RT$ ::.... D.G. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2004-075 vs. TAYLOR, RALPH W. AND JEAN, Respondents CORRECTED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on January 27,2005,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Ralph W.Taylor and Jean Taylor are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified, 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 219 2nd Street S.,Immokalee,Florida, Folio Number 25630760009 more particularly described as Lot 12, Block 8,CARSON'S ADDITION,according to the plat thereof as recorded in Plat Book 1,page 33 of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 91-102,as amended,The Collier County Land Development Code,Section 2.7.6.1 and 2.7.6.5 in the following particulars: No permits for alterations of structure and improvements to property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 91-102,as amended,The Collier County Land Development Code,Section 2.7.6.1 and 2.7.6.5 be corrected in the following manner: 1. By securing all openings in the structure within ten(10)days(February 6,2005); 2. By obtaining permits for all alterations/improvements within thirty(30)days(February 26,2005); 3. By obtaining all inspections and a Certificate of Occupancy within one hundred and twenty(120) days(May 27,2005). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within ten(10)days(February 6,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within (30)days(February 26,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board within one hundred and twenty(120)days(May 27,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE A D ORDERED this 2nd day of February,2005 at Collier County,Florida,and re-signed this day of , 2007 to correct the FOLIO number,nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: —fis` Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this`- day of _ 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. NOTARY PUBLIC 57 FQh CHRISTINALURBAN(rr My commission expires: (OMMISS10N#DD 241717 a I ES November 22,2007 Stale t��y} 'tit::' ,Public Underwriters a Cape et f LORI Dii —•+wr.su-i�iri�.rve*r: .army „lounzy of COLLIER 1 HEREBY CERTIFY THAT this Is a true aft. correct copy of a aocurrient on.file in Board Minutes and.Reccras of Collier Count, IMESS my ha n and official teal this day of 1 DWIGHT E. BROLK,'CLERK.OF COURT$ ayi D.C. _:_ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this CORRECTED ORDER has been sent by U. S. Mail to Innovation Construct'on&Development LLC, R/A Francois,Joseph F., 136 Napa Ridge Way,Naples, FL 34119 this 5-Y"day of 2007. /2 (72' M.Jean R n,Esq. Florida Ba o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 t"'\ i I /*-■ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Cederiere Titus and Jeanne Bonnett CEB No. 2007-02 DEPT No. 2006060724 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) 5-8 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-02 DEPT CASE NO.2006060724 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cederiere Titus and Jeanne Bonnett,Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Cederiere Titus and Jeanne Bonnett 30 33rd Avenue NE Naples,FL 34120 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on May 24,2007 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. 2007-02 DEPT CASE NO. 2006060724 Board of County Commissioners vs. Cederiere Titus and Jeanne Bonnett Respondent(s) Violation(s): Violation of Ordinance(s)2004-41, Sections: 10.01.06 B 1 a 10.02.06(B)(1)(d) & 10.02.06(B)(1)(d)(i) and Florida Building Code 2004 Edition Sect: 105.1 Location: 30 33rd Avenue NE,Naples, Florida 34120. Folio: 38501040007 Description: Remodeling and enclosing of home without Collier County Building Permits. 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 1537, for more information. The Respondent has not complied with the CEB Orders as of January 25, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 7,632.45 See below. Order Item # 1; Order Item #3 Fines at a rate of$ 200 per day for the period between February 9, 2007—February 26, 2007, (17 days) for the total of $3,400.00. Order Item#2; Order Item #4 Fines at a rate of$ 200 per day for the period between April 27, 2007-May 16,2007 (19 days) for the total of$ 3,800.00. Fines are still accruing. Order Item # 6 Operational Costs of $ 432.45 9 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA ; Co o PO 'aarno. r+ o r ra ca X W PS to BOARD OF COUNTY COMMISSIONERS, r o n s COLLIER COUNTY,FLORIDA, '" Non co •o y H Y M. H Petitioner, CEB NO.2007-02 PO be COI VS. CI eao o ss •a CO gg CEDERIERE TITUS AND JEANNE BONNETT, o, C; o Respondents -• = d a obd N (7 0 O PO LA CO FINDINGS OF FACT,CONCLUSIONS ^' Q OF LAW AND ORDER OF THE BOARD W rt. a1 ea THIS CAUSE came on for public hearing befor- .rat.t. . . ta, 4 25,2007,and the Board,having heard N testimony under oath,received evidence : : : . '° �' tiy' ' �+ •.riate matters,thereupon issues its - .": `p Findings of Fact,Conclusions of Law, : .; el,. , the Board,as • , , O •v r Ms ►r ya .+a v 1.a yo si=o 1. That Cederiere Titus and . i,e • • CO : � s. �. ct p,•perty. eo o � �\ 2. That the Code Enforcem t B •Jhas . ,. e , r. r G) p f eit-pondents and that the Respondent,having been duly not `., .! , . ,. blic •• .a.:g. t C. • Od PO 3. T h a t the Respondents we - ed of the date of he: '. ' • c rti r:r. •land by posting. ° w 4. That the real property located (3 t 'd Avenue NE,Naples • 4120,Folio Number 38501040007 �+ more particularly described as The North .7 of Tract 2' cat.% 0 GATE ESTATES UNIT NO.36, r- according to the Plat thereof recorded in Pla '.. .>> 1f.r. is Records of Collier County is in violation ;�, of Collier County Ordinance 04-41,the Land Dev .: ra ;, ,as amended,sections 10.01.06(BX1)(a), I0.02.06(B)(I Xd)and 10.02.06(B)(1)(d)(i)and the 2004 Florida Building Code,section 105.1,in the following N particulars: Remodeling and enclosing of home without valid Collier County Building Permits. — t. 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 10.01.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(I)(d)(i)and the 2004 Florida Building Code,section 105.1, be con-ected in the following manner. I. By applying for a Collier County Building Permit and pursuing with due diligence or by obtaining a Demolition Permit and removing improvements,including materials,from the property and restoring it to a permitted state within 14 days(February 8,2007). — - — — - 3. -- 2. By obtaining a Certificate of Completion within 60 days of the date that the permit is issued. 3. That if the Respondents do not comply with paragraph 1 within 14 days(February 8,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this St 3 ! day ofy„ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C•UNTY,FLORIDA Le, .97 0*)� r.s hair 2800 No .: , oe Drive Naples,Flon.: I STATE OF FLORIDA ) )SS: • - COUNTY OF COLLIER) e foregoing instrument w: • owl d_ .e , + i I da. of /lua r 2007 y Sheri Barnett,Chair of -,11+6.• ,. c-,, :0 , , '. Col lti_, , lorida,who is personally known to me o , who h.. p ..uced a `,,,rids r -ve ' erase as identification. l)enns�. � : :Commission DDg 3 007 - ;� 00 :. Expires:Aug +� pUBLI o0 ThN Atlantic it nding Co._Inc S C7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. • to c:, w Cederiere Titus and Jeanne Bonnett,30 33'd Avenue NE,Naples,Florida 34113 this 71 day of /h ;' O>o• - 2007. Mate of l:LORIUA M.Je awson,Esq. ;ounry of COLLIER Flori arNo.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 I HEREBY CERTIFY THAT•this is a true and Naples,Florida 34102 '.00rect copy of aa9det ment bn.file In (239)263-8206 ioard Minutcs gitc; I? , 'rte cf Collier County w gNE S ray ` rio spa WOW fhis O< day of '�Il T E. a'+ K CLI.RKO''CCURTS '_ f. :to _.,_ D.C., - 4. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CASE N . DEPT CASE EB C NO. 2006060724 O2007-02 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cederiere Titus Jeanne Bonnett,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 January 256,2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1537, et. seq. 2. That a re-inspection was performed on February 8th,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated February 8, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn affirmed) and subscribed before me this February 8, 2007 by Thomas Keegan. ( ignature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Delicia Pulse Commission#DD629723 (Print/Type/Stamp Commissioned ,,.••'-Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. Name of Notary Public) -rsonally known 1 REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-02 DEPT CASE NO. 2006060724 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. c) Cederiere Titus Jeanne Bonnett,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 January 2501,2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1537,et. seq. 2. That a re-inspection was performed on February 21 ,2007. ^ 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated February 21,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keeg Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed)and suls.cribed before me this 21'day,of February 2007 by Thomas Keegan. (Signature of Notary Pu is bet(c is 'Pc tS L NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned Delicia Pulse Name of Notary Public) .574 Commission#DD629723 '%,,,,,,.••°Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING COON. 'ersonally known 4 REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-02 DEPT CASE NO. 2006060724 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cederiere Titus Jeanne Bonnett,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 January 2501,2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1537,et. seq. 2. That a re-inspection was performed on March 3rd,2007. .-� 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated 3 - 3 - 0 COLLIER COUNTY,FLORIDA CODE ENFORCE . BOARD homas Keegan S Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this /10 r``+ 361,a•o7 by Thomas Keegan. ture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC.STATE OF FLORIDA •'' K. A. Van Sickle Personally known 4 ,,, Commission#DD618488 '••.,,, ,•.'Expires: NOV. 29,2010 BONDED THRU ATLANTIC BONDING CO.,INC. REV 3-14-05 7• • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-02 DEPT CASE NO. 2006060724 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jean Bonnett,Respondent(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 January 251.2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1537, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on:April 26',2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was NOT in compliance by not receiving a Certificate of Completion of for Demolition Permit within the sixty days of issuance as ordered by the Code Enforcement Board. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of April,2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER Thomas Keeg.G Code Enforcement 0"icial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 26th day of April 2007 by Thomas Kee.a . Arc is ature of No Pub ic) NOTARY PUBLIC-STATE OFFLORIM ''" . K.A. Van Sickle (Print/Type/Stamp Commissioned - « FCOMMission#DD6184Pr N('V ) ; ``Name of Notary Public) nn�„}D.�� r . REV 2/23/2006 13. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-02 vs. CEDERIERE TITUS AND JEANNE BONNETT, 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. Affidavits of Non-Compliance have been filed with the Board by the Code Enforcement Official on February 8,2007,February 21,2007,March 3,2007,and April 26,2007,which Affidavits certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated January 31,2007, it is hereby ORDERED,that the Respondents,Cederiere Titus and Jeanne Bonnett,pay to Collier County fines of $3,400 for Order Item 3,for the period between February 9,2007 through February 26,2007(17 days)at a rate of $200 per day and fines of$3,800 for Order Item 4, for the period between April 27,2007 through May 16,2007(19 days)at a rate of$200 per day,plus$432.45 for the operational costs, for a total of$7,632.45. 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. `f4 DONE AND ORDERED this 7 day of ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:„11.... 6.4,„dif 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 � y�u^(`�,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. #,4 - CHRISTINA L I UR#DD 241 1 NOTARY PUBLIC 3,, is‘ ; MY COMMISSION#DD 241717 EXPIRES:November 22,2007 My commission expires: 6 Bonded Thru No sry Pudic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S.Mail to ederiere Ttus and Jeanne Bonnett,30 33rd Avenue N.E.,Naples,Florida 34120 this day of ,2007. /0' &eLli .a(-471`rs/ M.Jean.' .wson, Esq. Florid. t ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 State 01 FLORIDA %•' ,ounty of COLLIER i HEREBY CERTIFY THAYth"IS.is stile MO :orrcct copy of a clocurnent on file in oard Minutes and Floc:proS Of Collier County NESS my her to and official se 1 this day of DWIGHT E.- BROCA, CLERK OF COURTS D•C• t"'\ i I /*-■ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Bill Gray's Inc CEB No. 2007-09 DEPT No. 2006090135 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S) Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-5 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-09 DEPT CASE NO.2006090135 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bill Gray's Inc,Respondent(s) The Prentice Hall Corporation Systems,Inc.,Registered Agent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Bill Gray's Inc Prentice Hall Corporation System P.O.Box 323 1021 Hays Street Webster,New York 14580 Suite 105 Tallahassee,FL 32301 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on,May 24,2007 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 i3endisa Marku Operations Coordinator Secretary to the Code Enforcement Board /. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-09 DEPT CASE NO.2006090135 Board of County Commissioners vs. Bill Gray's Inc Violation(s) of Collier County Ordinance 04-41, Section(s) 10.02.06(B)(2)(a), 10.02.06 (B)(2)(d)(xi) Description: Change of Existing sign without proper county permits. Location: 3906 N. Tamiami Trail, Naples FL 34102 Folio#22770040006 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 1527, for more information. The Respondent has complied with the CEB Orders as of January 25, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$300.00. See Below. Order Item# 1; Order#3 not timely compliance. Fines at a rate of$ 150 per day from 2/25/07—2/27/07(2 days) for the amount of $ 300.00. Order Item#6 Operational Costs of $ 372.64 have been paid 2. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA s o m .e o b. rr C. car .. c, 1-a CM - z CO w 70 CO BOARD OF COUNTY COMMISSIONERS, C- o 0 Cd COLLIER COUNTY,FLORIDA, " "' °w z CO e� cn CO .a A b V. Petitioner, CEB NO.2007-09 e d vs. = C3 w b .-42 CO c CIa BILL GRAY'S INC. .0 o c/o Prentice Hall Corp. System(Reg.Agent) b PP � Respondents / ° b CV C-4 CV CIO c, ,.. VJ `C1 FINDINGS OF FACT,CONCLUSIONS a `' OF LAW AND ORDER OF THE BOARD m •O H THIS CAUSE came on for public hearing before the Board on January 25,2007,and the Board,having heard r e O testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its P Findings of Fact,Conclusions of Law,and Order of the Board,as follows: y o PP bd p_a FINDINGS OF FACT 00 o --,a o '"' CC) 1. That BILL GRAY'S INC.are the owners of the subject property. " ° '� G-) f7 H CO 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the 2 t _, Respondent,having been duly notified,appeared at the public hearing in person and by Kami Corbett,Esq..and y entered into a Stipulation. —� 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3906 Tamiami Trail N.,Naples,Florida Folio Number 22770040006 more particularly described as Undivided Block"A",less the North 300.00 feet thereof,Sperling's Subdivision, Unit No. 1,according to Plat Book 4,Page 12,of the Public Records of Collier County,and Lots 1 through 8, Block"A",Bad Axe Subdivision,according to Plat Book 4,Page 10,of the Public Records of Collier County, Florida in is violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)in the following particulars: Change of existing sign without proper County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,upon 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 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)be corrected in the following manner: ,3. 1. By submitting a sign application permit within 30 days(February 24,2007). 2. By pursuing with due diligence and by obtaining all inspections and final Certificate of Completion within 60 days of the issuance of the permit. 3. That if the Respondents do not comply with paragraph 1 within 30 days(February 24,2007),then there will be a fine of$150 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above within 60 days of the issuance of the permit,then there will be a fine of$150 per day for each day that the violation continues past that date. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$372.64. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within.. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3/ day of ( ,2007 at Collier County, Florida. /' d CODE ORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) g 5� day The foregoing instrument was acknowledged before me thi da of .(f']Up 2007,b heri Barnett,Chair of the Code Enforcement Board of Collier County,Floi-ida,who is/ ., 2007, p personally known to me or who h..produced a Florida Driv- 's License as identification. A,. 134494 �PPV PUB1 i coo " QXp�Ce$o"t"vivYU r C NOTAR PUBLIC .‘-/ n �: Sn"�1�"�c My commission expires: _ 4;O of*;e': p tv tic 1 t�s CERTIFICATE OF SERVICE CC' I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Bill Gray's Inc.,941 Hard Road,Webster,New York 14580 and Prentice Hall Corporation System, 1021 Hays Street, Suite 105,Tallahassee,FL 32301 and Kami Corbett,Esq.,`Ienderson,Franklin,Starnes&Holt, P.0.,Box 280,Ft.Myers,FL 33902 this ,3/ day of //�ryk p �' ,2007. State cm FLORIDA ` ;county of COWER 4414? M.Je awson,Esq. I HEREBY CERTIFY:THAT-NO attie y Florida Bar No 750311 correct copy of i Cyt', Y iofa% r** €Y Attorney for the Code Enforcement Board Board IAinwtc�`-^: is et1 r Coady 400 Fifth Avenue S.,Ste.300 r--virN ESS my 2 -cft aT: a ''. t this Naples,Florida 34102 day of --� 3� owl E. BR.. pc1,ERK-Ortki RTS •�' '� - E .C. �f. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-09 DEPT NO. 2006090135 Bill Gray's, Inc. The Prentice Hall Corporation System Inc., As Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, f'Y)ufli('& 1t ce'S , on behalf of himself or as representative for Res dent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090135, dated the 25th day of January, 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 January 25, 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, Sign without a Permit. x. 0 THEREFORE, it is agreed between the parties that the Respondent shall; ml 1) Pay operational costs in the amount of$372.64 incurred in the prosecution of this case. ..1:=. 2) Abate all violations by: CO A. Submit a sign application permit within 30 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. p w-M,t B. Obtain all inspections and final Certificate of Completion within 60 days of Ns-hearing or a fine of$150.00 per day will imposed for each day the violation continues. 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and 'F request the In - '•ator to come out and perform a site inspection. x. / , P '711.1,,*(14-..-0 I—ise Respondent / Michelle Arnold, Director Code Enforcement Department 0)—Q-311\-/\-- \. 2— S-'0---1 REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-09 DEPT CASE NO. 2006090135 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bill Grays Inc, The Prentice Hall Corporation System Inc,(as Registered Agent) Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on January 25,2007,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1527,et. seq. 2. That the respondent did contact the investigator. 3. That the re-inspection was performed on April 27th,2007. 4. That the respondent did not timely comply with item# 1 in the Order to Correct issued by the CEB. 5. That the re-inspection(s)revealed that all other corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated 24th,January,2007. COLLIER COUNTY,FLORIDA CODE ENF EMENT BOARD M1 Kites' no Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo , - (or affirmed)and subscribed before me this 24th,January,2007 by Kitchell Snow. I/AM i�� - of Notary 'ublic) NOTARYPUBLIC.STATE OFFLORIDA (Print/Type/Stamp Commissioned _ � Delicia Pulse ommission#DD629723 Name of Notary Public) empires: JAN 16 2011 Personally known BusllEnrxRUeTLA CBONDINGCO,IINC. REV 2/23/2006 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-09 vs. BILL GRAY'S, INC. 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 1527, et. seq. on February 5,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on January 24,2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent appeared on May 24,2007 and requested that the fine be abated. 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, Bill Gray's, Inc.'s,request for abatement is GRANTED and that the Respondent pay no fines to Collier County. 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 "T day of bilz- ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thist day of s 2007,by Sheri Barnett/Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. 0:7k. CHRISTINA L URBANOWSKI = ,• .r ■ :,r_ MY COMMISSION#DD 241717 NOTARY PUBLIC EXPIRES:November 22,2007 Apd's Bonded Thu Notary Public Underwriters 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 Bill Gray's Inc., P. O. Box 323, Webster,New York 14 80 and Prentice Hall Corp. System, 1021 Hays Street,Suite 105,Tallahassee, FL 32301 this 5 day of 2007. /l, 7Q 261- 4-418------" M.Jean a son,Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 i,,,,-045 al FLORiinit:c,urity of COLLIER �' ,;, "�, I HEREBY CERTIFY THAT this Is a true W :orr sct copy of a accumenr:nn file in Bo ,rd Mirutvs and Rt;„crQ5 of Collier County k1ESS my ha a ano-of€iciai seal this , ray of Q, "1- DWIGHT E. BRCX,K, CLERK OF COURTS ly. , D.C. .� .... t"'\ i I /*-■ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. H. Prettyman CEB No. 2007-11 DEPT No. 2006070081 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) GE(S)1 Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-5 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-11 DEPT CASE NO.2006070081 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. J. H. PRETTYMAN,Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: J. H. Prettyman 18609 Robinsonville Road Lewes, Delaware 196958 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on May 24,2007 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. 2007-11 DEPT CASE NO.2006070081 Board of County Commissioners vs.J. H. Prettyman Violation(s) Collier County Ordinance(s) 04-41, as amended sec.(s) 10.02.06(B)(1)(a), 10.02.6(B0(1)(d), 10.02.06(B)(1)(d) I, 104.1.3.5 and FL Building Codes 2004edt.Sec.105.1 and 105.7. Description: Seawall construction and site work without obtaining all required permits and posting on site. Location: 1294 Snook Aly, Chokoloskee, FL 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. Seethe attached Order of the Board, OR 4193 PG 2053, for more information. The Respondent has not complied with the CEB Orders as of February 23, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4,200.00. See Below. Order Item #2 Fines at a rate of$ 200 per day from 4/25/2007— 5/16/2007 (29 days) for the amount of $ 4,200.00. Fines are still accruing. Order Item #4 Operational Costs of $400.16 have been paid. 2. n `ry CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-11 vs. J.H.PRETTYMAN, Respondent / °y FINDINGS OF FACT, CONCLUSIONS C OF LAW AND ORDER OF THE BOARD ,, a THIS CAUSE came on for public hearing before the Board on February 23,2007,and the Board,having heard H°i 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: 0 0 cv c., .4 ow a FINDINGS OF FACT a 6sy, . ,,z 1. That J.H. Prettyman is the owner of the subject property. v Cr °a c". �' ° 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and-that the `� o Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. ow cm r oc A 3. That the Respondent was notified of the date of hearing by certified mail and by posting. • U 6 7'y = °: 4. That the real property located at 1294 Snook Aly, Chokoloskee,Florida,Folio Number 26087040009, o o more particularly described as: (see attached legal)as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 71, M . 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5.and the 2004 Florida Building Code,Sections o 105.1 and 105.7 in the following particulars: 80 0 =S Seawall construction and site work without obtaining all required permits and posting on site. o zz ORDER OF THE BOARD =e c ad m Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the .64 m m authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby C421 v ° ORDERED:OM _x p r, L-- O y e•/.7 That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections r. a o , 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5.and the 2004 Florida Building Code,Sections Dal ,� w 105.1 and 105.7 be corrected in the following manner: =s o . CD N z 1. By obtaining all required permits for construction of seawall,including all inspections and Certificate of Completion for the seawall or by obtaining a demolition permit and returning the seawall to its original .3 . condition. Whichever option is selected,all work must be completed within 60 days of this hearing. (April 24, 2007). 2. That if the Respondent does not comply with paragraph 1 within 60 days(April 24,2007), then there will be a fine of$200 per day for each day that the violation continues past that date. 3. That the Respondent is to post all permits on site and notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$400.16. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appe l day of review of the record created within. Filing an Appeal shall not stay the Board's Order. • t+ '-ell DONE AND ORDERED this �� day of p� o Florida. y 2007 at Collier County, N CODE ENFORCEMENT BOARD A-. COLLIER COUNTY,FLORIDA BY: /1,4. lete.oge■ ____ �+ Sheri Barnett,Chair 2800 North Horseshoe Drive c STATE OF FLORIDA ) Naples,Florida 34104 C, COUNTY OF COLLIER)>SS: T1 foregoing instrument was acknowledged before me this' 23 day of . 2007,b heri Barnett,Chair of the Code Enforce,,_4 t Board of Collier County,Florida,who is personally known to me or who h. pro euced a Florida Driv r`s License as identification. ai 14°611 9 ! �. n SID D2344 1�®� D 1 io -',W r`•8 -Comroiss �g'8,Z(10� NOTARY PUBLI i �_ �'� ?ice: ';:e:�. d--'DVes: dedThru t. `�?•et. goy c0-_ �� My commission expires: dye 4'7'' Bryadinf�, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to U. S. Mail to J.H. Prettyman, 18609 Robinsonville Road,Lewes,Delaware 19958 this day of 2007. .,. o +d,cr�" ifw:L c4«ls,'G -'i..i .A.r�-i'✓ - 4� ti �t � . M.Jean Ra on,Esq. ' ",,,Florida :.r No. 750311 E-iFgy:OErf ::;..,- :M Attorney for the Code Enforcement Board or;ec coppy;6t.= ��l 3`-t� ;;. 4/� , 1 400 Fifth Avenue S., Ste. 300 ;.1;wwru psi%`t ;; ;9 €, 1,, ; County Naples,Florida 34102 `Ra S: "w .' "€w6 (239)263-8206 { E'Ca.�i day o , ;,• HT E aR r�,CLeP: r COURTS 4. . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, 0J`' V Z4' 0D J -LVD Vs. CEB NO. 2007-11 J.H. Prettyman DEPT NO. 2006070081 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,MA Pr TWc&v on behalf of himself or as representative for Respondent and enters into this Stipulation' and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006070081 dated the 12n' day of July 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 2/23/2007; to promote efficiency in the administration of the code nforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the arties hereto agrees as follows: c.h 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their a existence. M 2) The violations are that of section(s) 04-41 as amended sec.(s) 10.02.06(B)(1)(a), wcr 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)I, 104.1.3.5 and Florida Building Codes 2004 edition. o sec.105.1 and 105.7 and are described as Seawall construction and site work without first ^ obtaining all required permits and posting of permits on site. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$400.16 incurred in the prosecution of this case. 2) Abate all violations by: The respondent will obtain all required permits for construction of seawall including all inspections and a certificate of completion OR a demolition permit and return the seawall to it's original condition within 60 days and post all required permits on site OR a fine of$200.00 per day will be imposed until the violation is abated. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. _ �/� _ //l_� i- �, -spondent •che le Arnold, Director Code Enforcement Department Date 623-07 REV 2/23/07 Date 5. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-11 ,----, DEPT CASE NO. 2006070081 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Prettyman,J.H.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 2/23/2007,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 3336 PG 0434, et. seq. 2. That a re-inspection was performed on 4/24/2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER ArF'JANT SAYETH NOT. Dated 4/24/2007. COLLIER COUNTY,FLORIDA • ,NFORCEMENT BOARD 'stopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to if aff•.e d) ', subscribed before me this 24th Day of April,2007 by Christopher Ambach. . •.��. (Signa Public _- !w ` GARY P.EaIiMW E -T,, Cann 000827/64 (Print/T .e/Stamp Commissioned E 4A _ 1/7/2011 Name of Notary Public) I s.- .` Fbida Notary Inc -ec LICE 'Personally known REV 3-14-05 ‘• CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-11 vs. J. H. PRETTYMAN, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2007,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 2053,et.seq. on March 7,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 24,2007,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 February 28,2007, it is hereby ORDERED,that the Respondent,J.H. Prettyman,pay to Collier County fines of$4,200 at$200 per day for the period April 25,2007 through May 16,2007(21 days). Operational costs have been paid. 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 Respondents. DONE AND ORDERED this 7r day of 4,,,,,e— ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:,../14,.. 4,. 3au ' 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 4 day of ' ,2007,by Sheri Barn�ett�, air of the Code Enforcement Board of Collier County,Florida,who is personally or V who has produced a Florida Driver's License as identification. _ . L.t j t r''•., CHRISTINA L URBANOWSKI NOTARY PUBLIC 4.I .1.: a MY COMMISSION#DO 241717 My commission expires: 1-. ps EXPIRES:November 22,2007 %'a jif�°tR` Banded Thru Notary Pubed Urderwrders CER IFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD.Was been sen by U. S. Mail to J.H. Prettyman, 18609 Robinsonville Road,Lewes,Delaware 19/958 this day of 2007. A 0 M.J an wson, Eq. Florida ar No. 750311 ,;..._� , -4--�-� Attorney for the Code Enforcement Board State ot FLORIDA .` ,e.-01 400 Fifth Avenue S.,Ste. 300 ,aunty of COLUER a `' . Naples, Florida 34102 I HEREBY CERT4fl TAt.th s Is 8 true IM (239)263-8206 correct copy of a doctnrnent on file in 3oard Minutes.and Raxoc &of Collier Count 1.-r1E, SS nisi ha a ana crfidial seal this day of DWIGHT E. BROCA� C,I �'MMt OF COURTS -1 A 04 D.�.. ., V t"'\ i I /*-■ 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 CORRECTED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on 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 Seaward and Landward Property,Morgan Isle,Cape Romano,Collier County,Florida, 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 ORDERID this 30t day of April,2007 at Collier County, Florida and re-signed this 4f' day of� ,2007 to correct the address of the property,nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:,1Z. n Sheri Barnett, air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ��,‘ The foregoing instrument was acknowledged before me this-1 day of%` 2007,by heri 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'rG'% CHRISTINA L URBANOWSKI ,�S y it • MY COMMISSION#DD 241717 NOTARY PUBLIC ir.� ^.�,�:a EXPIRES:November 22,2007 M commission expires: Y er °°��' Banded Thu Notary Public Underwriters y 1� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this CORRECTED ORDER has been sent by U. S. Mail to U. S. Mail to PAUL SKIPPER,a/k/a PAUL SKIPPER,TRU TEE,AND ORGAN AND ISLAND LAND TRUST, P. O. Box 67128, St. Petersburg,FL 33736 this day of 2007. y`.al.a ' Ff 034/ t / 3�lit'ijr of CtsLl.t + �, r M.Jean Ry'w on Esq. ll// " " ,Florida B o. 750311 ! H ESY CERTIFY THAT this,Is a true Attorney for the Code Enforcement Board , 400 Fifth Avenue S.,Ste.300 cares :t cCpy et a CIoct.mt,r,t dt}#Ile trt Naples,Florida 34102 3 cr:Ard Itlir:utes`and i cord ofteIlier.County (239)263-8206 DES my hard win oiticialscal this day of. DWIGHT E. BROGK, CLERK OF COURTS BVI 1'LU.I.t .__ Ott ,,,,.- mr COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-33 DEPT CASE NO. 2005010591 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PAUL SKIPPER a/k/a PAUL SKIPPER,TRUSTEE,and MORGAN ISLAND LAND TRUST,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on April 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was/were to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4241,PG2424,et. seq. 2. That the respondent(s)opt4 contact the investigator. 3. That a re-inspection was performed on April 10,2007. 4. That a re-inspection revealed that the corrective action ordered by the Code Enforcement Board was in compliance by respondent having paid all operational costs incurred in the prosecution of this case. 4-b All litter, debris and structural elements removed. FURTHER AFFIANT SAYETH NOT. Dated June 25,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD N DENNIS MAZZONE�� Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo • to(o .ffirmed) subsilibed before me this June, 25,2007 by DENNIS MAZZONE, Collier County Code '� Linda C. Wolfe Commission#Dp273407 ( 'gnature of Notary Public) , Expires: c10077,2007 • Bonded 'i' Atlantic Bonding Co.,Inc. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known I Rev 2/5/07