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Backup 06/18/2007
2007 Code Enforcement Board Backup Docs June 18 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: June 18,2007,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Naples,FL 34104. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NE1111ER 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—May 24,2007 5. PUBLIC HEARINGS A. MOTIONS Motion to Continue B. STIPULATIONS 1. BCC vs.Francisca Alas CEB 2007-49 2. BCC vs. Ilen Estrada Realty,Inc CEB 2007-53 C. HEARINGS 1. BCC vs.James N.Kalvin and Ruth P.Kalvin CEB 2007-25 2. BCC vs.Mario A.Alvarez CEB 2007-29 3. BCC vs.Donald and Jo Coleman CEB 2007-30 4. BCC vs.Carmen Vasallo CEB 2007-46 5. BCC vs.Alfredo Martinez CEB 2007-47 6. BCC vs.Alfredo Martinez CEB 2007-48 7. BCC vs.Jose and Carmen Martinez CEB 2007-50 8. BCC vs.Rock Oil Company CEB 2007-51 9. BCC vs.Robert Hoover CEB 2007-56 10. BCC vs. Scott C. and Tammy S. Furst CEB 2007-59 6. OLD BUSINESS A. Request for Reduction of Fines/Liens 1. BCC vs.Collier County Transportation Department CEB 2004-02 2. BCC vs. David Woodworth CEB 2005-22 3. BCC vs.Calexico,Inc CEB 2006-47 4. BCC vs.Marlene Santilli CEB 2007-12 B. Request for Imposition of Fines/Liens 1. BCC vs.Thomas and Marian Baker CEB 2006-62 2. BCC vs. Rodolfo Estrella and Maria Estrella CEB 2007-23 7. NEW BUSINESS I 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE-July 26,2007 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Francisca Alas, Respondent(s) CEB No. 2007-49 DEPT No. 2005080208 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3-4 Deed eed 11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-49 — COLLIER COUNTY DEPT CASE NO.2005080208 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Francisca Alas,Respondents NOTICE OF HEARING To: Francisca Alas 5240 Floridian Avenue Naples,FL 34113 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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. ,Gdia,' %./401_ e disa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-49 DEPT CASE 2005080208 Francisca Alas ,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)Ordinance 2004-41 As Amended,Collier County Land Development Code Sections 10.02.06(B)(1)(a)and 10.02.06.(B)(1)(d)(i). Section 10.02.06(B 1 d i was renumbered September 13,2005 by 10.02.06.(B)(1)(e)(i). )( )( )() 2. Description of Violation: Improvements of property without valid Collier County Building Permits. 3. Location/address where violation exists: 2575 53rd Street SW 4. Name and address of owner/person in charge of violation location : Francisca Alas 5240 Floridian Ave.Naples Fl.34113 5. Date violation first observed:August 4,2005 6. Date owner/person in charge given Notice of Violation:August 4,2005 7. Date on/by which violation to be corrected:August 18,2005. 8. Date of re-inspection: FEBRUARY 28,2007 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 16. day of April, 2007 W774r114" STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to lr affirmed)and subscribed before this 16 day of Ar_,2007 by (S gna e of Notary Pu (Print/Type/Stamp Commissioned Personally known rf—or produced identification Name of Notary Public) Type of identification produced NOTARY PUBLIC•STATE OF ,,,,,,,,. FLORIDA REV 3-3-05 K. A. Van Sickle lit; ;Commission#DD 8 •,„H,,,/Expires: NOV. 618488 BONDED r 29,2010 TYRO sJ.NDi1'G CO„I1 C. R Case Number 02i2�1I�CJ O2,? COLLIER COUNTY CODE ENFORCEMENT -4.• Building Permits,Administrative Code& Other Permit Requirements ,� %° NOTICE OF VIOLATION 'V/tbA)C cA 41,prs Date: g 1yl p,r- Investigator: CV Phone: 239-N I'L//// ' / Zoning Dist es ( Sec l y T ! 6-. ' F114, YN✓ Legal: p g '/ fling: 2 � Le aL• Subdivision�� �L�I Block /b/vL°t Zr— �I tJ A-10(A.-) 3 kEt t) Q / �/ `, �7 — / :ation: v�5.7c 5-3 . (S(-0 Folio C/ L321 G�0 vd vV OR Book 3/ ^f Page /7�G' I, Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 92- Violation(continued): 80 and 97-35,as amended,you are notified that a violation(s)of the following Sec.105 Inspections codes exist: 0105.5 Posting of permit. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous Ord. 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) place on the premises,etc Building or land alteration permit and certificate of occupancy 0.02.06(B)(1)(a)Zoning action on building permits...no building or Sec.106.1.2 Certificate of Occupancy. structure shall be erected, moved, added to, altered, utilized or allowed to 0106.1.2 Building occupancy. A new building shall not be occupied or a exist...without first obtaining the authorization of the required building change made in the occupancy, nature or use of a building or part of a I permit(s),inspections,and certificate(s)of occupancy,etc. building until after the building official has issued ,aa11 certificate of occupancy, etc (Also found in Section 22, Article II of the Collier 0 10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance County Code of Laws and Ordinances) of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Sec.106.3 Service Utilities prior to the issuance of a building permit where the development proposed 0106.3.1 Connection of service utilities. No person shall make requires a building permit under this land development code or other connections from a utility source of energy,fuel or power to any building ( applicable county regulations. or system which is regulated by the technical codes for which a permit is I' required, until released by the building official and a certificate of 10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of occupancy or completion is issued,etc 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 Ord.2003-37 Collier County Right—of-Way-Ordinance must be obtained within 60 days after the issuance of after the fact permit(s). " Sec. 5 Permits. It shall be unlawful for any Responsible Party to dig, i excavate,obstruct,or place any construction or other material,or perform Florida Building Code,2001 edition,as amended by Ordinance No.2002-01 any other work which disturbs the existing structure and/or compaction of S/`'N3.11 Safety soil in any right-of-way Y provided for public use in Collier County, 13.11.1 Unsafe Buildings or Systems. All buildings, structures, including any public right-of-way maintained by Collier County within the electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, boundaries of any municipal corporation, without first obtaining a permit or do not provide adequate egress, or which constitute a fire hazard, or are for such work, etc(Also found in Section 110,Article II of the Collier otherwise dangerous to human like, or which in relation to existing uses, County Code of Laws and Ordinances,Section 110-31.) constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings,structures or service systems are Other Ordinance/Naa/r•r_�ative• Vet e& 1,� hereby declared illegal, etc (Also found in Section 22, Article II of the * (,t,ls2 l7c-- -re/J.1,f Le'e'r �✓ ,� 7'�/'J,✓ Collier County Code of Laws and Ordinances) Depk... Rxt. -rt..„ —K-„,p/Love,....-.....4.- cpt= CalAtri— I 0103.11.2 Physical Safety[pools]. Where pool construction commences prior `c,f,,�.•._ _ (, Giui fel (7�-t,Q( I A.) to occupancy certification of a one or two family dwelling unit on the same V. �"' / 1 Qp �,/,� ., property,the fence or enclosure required shall be in place at the time of final �� f�10Vt -� � QeSoa' �t ' _ building inspection....Where pool construction is commenced after occupancy li P Y Order to Correct Violation(s): certification of a one or two family dwelling unit on the same property. the IN ust be in compliance with all Collier County Codes and Ordinances. fence or enclosure required shall be in place prior to filling of the pool unless Apply during the period commencing with filling of the pool and ending with Y for and obtain all permits required for described g structure/improvements: OR remove said structurelimprovements, completion of the required fence or enclosure, temporary fencing or an including materials from property approved substitute shall be in place,etc.(Also found in Section 22,Article g and restore to a permitted state. II of the Collier County Code of Laws and Ordinances) Must request/cause required inspections to be performed and obtain a Sec.104.1 Permit Application certificate of occupancy/completion. OR demolish described ❑104.1.1 When required. Any owner, authorized agent, or contractor who improvements/structure and remove from property. desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure,or any outside area ['Must effect, or cause, repair OR and/or rehabilitation of anscof p mitred Y building/structure/systems:eo ion os same. OR remedy violation by means of permitted being used as part of the building's designated occupancy(single or mixed)or to erect, install, enlarge, alter, repair, remove, convert or replace any demolition of same. electrical, gas, mechanical or plumbing system, the installation of which is Violation(s)must be CORRECTED BY Q I regulated by the technical codes,or to cause any such work to be done,shall U {�—�� first make application to the building official and obtain the required permit for the work,etc Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may ❑104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit result in fines up to$500 and costs of prosecution. OR (v'^other written site specific work authorization such as for excavation,tree 2) Code Enforcement Board review that may result in fines up to$250 per al, well construction, approved site development plan, filling, re- day per violation, as long as the violation remains, and costs of 'i ,.. m ation,etc.)shall have been issued prior to the commencement of work at pro eeution. the site. Activities prohibited prior to permit issuance shall include,but are /� �Ate. not limited to, excavation pile driving (excluding test piling), well drilling, ' t u�V l / formwork,placement of building materials,equipment or accessory structures Respondent's Signature Date and disturbance or removal of protected species or habitat,etc.(Also found in t ✓ v`5 Section 22, Article II of the Collier County Code of Laws and Ordinances) In tis Signature Date 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 �! 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.6.02.00 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 �` 10.02.06 b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use • shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III]and the growth management plan. n B. ' ing Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit • application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the LDC10:82 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other 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. (...2 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 7. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 1.„.. j 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. i--., 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 6. 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. Building or land alteration permit and certificate of occupancy compliance process. 0 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 n 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 9 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. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 /0 • 3581914 OR: 3759 PG: 1752 RICORDID In OPPICIAL RECORDS of COLLIER CODITI, IL 03/24/2005 at 10:461.1 DWIGHT 1. BROCI, CLERK CONS 260000.00 �� RIC PSI 10.50 Prepared by and return to: DOC-.10 1020.00 Isamary Vinson Retn: Legal Assistant UNIVERSAL TITLE COSPIET Universal Title Company 1200 BRICIELL MI 11680 1200 Brickel0 Avenue Suite 1680 SIAM 11 33131 Miami,FL 33131 305-375-9510 File Number: 2637.00 Will Call No.: (Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 14th day of March, 2005 between Guillermo Garcia,Sr. and Isabel Santos, husband and wife and Guillermo Garcia,Jr.,a single man whose post office address is 2222 Industrial Blvd.,Suite 169,Naples,FL 34104, grantor, and Francisca Alas, a single woman whose post office address is 5240 Floridian Avenue,Naples,FL 34113,grantee: (Whenever and used h and assigns i the terms'grantor'and'grantee"include an the parties to this®trimml and the bein,legal representatives.and assign of individuals. gro coepontiona,nuns and trustees) Witnessed,,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS(510.00)and other good acknowledged, and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby anowledged, granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Collier County,Florida to-wit Lot 15,Block 182,UNIT 6,GOLDEN . -I: ..,riling to the Plat thereof recorded in Plat Book 9,Page 5 of the Public "i,4a',' wi!.u .da. A/K/A:2575 53 Street,SW,N .,16 n'da 34116 �r. Parcel Identification N•. •:,, ,.7 _Li,', Together with all the tenements, :,-.'� t/ o . r in anywise appertaining To Have and to Hold,the same.,mpie forever. b gantrgrantor hereby covenants wi rhhas '..tee that the grantor is . �^ of said lead in fee lc,that the good right and lawful au said land and will defend the same � n convey said hereby y said land is the title all against •msoever,and that said land is free of all encumbrances,except taxes accruing 'fi; ����, In Witness Whereof,grantor has henvnto set grantor's hand and seal the day and year first above written. 0oubwrinw r6 // *** OR: 3759 PG: 1753 *** Signed,sealed. • delivered i , presence: �� cL d . „ice/rwear�e l�l Guillermo Garcia,Sr. • ,,milliI Witness Name: Isabel Santos Witness Name: Witness ., rmo Garcia,Jr. . -. Name: State of Florida County of Miami-Dade / The foregoing instrument was acknowledged before me this/!l day of /1,49-C/! 9100..c,Guillamo Garcia, isabelfiSations and Guillermo Garcia, Jr., who U are ,�., known or I have produced a driver's licenses as OtiyWE. co w ��_ [Notary Seal[ Cl N "'���� Name:TA :4F"."4,:Antonio!.Yonne i 11 ,;0114 • _ •.N1 Commtssan#DD2390 � � � v aw Admix Bonding Co.. r4 o�T E CIC\3' warronyDead-Page 2 Doubie,TYey• BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-49 DEPT NO. 2005080208 Francisca Alas Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Francisca Alas, 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 2005080208 dated the 4 day of August, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 18, 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)(d)(i). Section 10.02.06(B)(d)(i) was renumbered September 13, 2005 and are described as Ordinance 2004- 41 As Amended, Collier County Land Development Code. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$849.00 incurred in the prosecution of this case. 2) Abate all violations by either: Obtaining a Collier County Building Permit for all improvements within thirty days (30) of today's hearing or a one hunder dollar ($100) a day fine will be imposed until the violation is abated. And within sixty days (60) after the issuance of the permit all required inspections and certicate of occupancy must be obtained or a one hundred dollar ($100) a day fine will be imposed until the required inspections and certicate of occupancy is otained. Otaining a Collier County Demo Permit and removing all improvements and converting the property back to its orginal state, pass inspections, and get a certicate of completion within sixty days (60) of today's hearing or a one hundred dollar($100) a day fine be imposed until violation is 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. — - — � �%� S 3/•'a 7 Respondent Mi helle Arnold, Director Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-49 vs. FRANCISCA ALAS, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 Francisca Alas 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 2575 53rd Street S.W.,Naples, Florida, Folio 36371680000, more particularly described as Lot 15, Block 182, UNIT 6,GOLDEN GATE, Part 1,according to the Plat thereof recorded in Plat Book 9, Page 5 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)(d)(i) (NOTE: Section 10.02.06(B)(1)(d)(i)was renumbered September 13,2005 by 10.02.06(B)(I)(e)(i) in the following particulars: Improvements of property without valid Collier County Building 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)(i) (NOTE: Section 10.02.06(B)(1)(d)(i)was renumbered September 13, 2005 by 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 30 days(July 18,2007). 2. By obtaining all required inspections and a Certificate of Occupancy within 60 days of the issuance of the permit. 3. In the alternative, by obtaining a Collier County Demolition Permit and removing all improvements and converting the property back to its original state,passing inspections,and obtaining a Certificate of Completion within 60 days(August 17,2007). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 30 days (July 18,2007),then there will be a fine of$100 per day for each day until the building permit is obtained . 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the issuance of a permit,then there will be a fine of$100 per day for each day until the required inspections and certificate of occupancy is obtained. 7. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days(August 17,2007),then there will be a fine of$100 per day for each day until the violation is abated. 8. 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. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$849.00. 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. DONE AND ORDERED this .24 I day of/,j t- ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY ;. :«.. /`:\t-2�,r<_�rf/ 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 g �7 day of 3U r\e- 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or 1/ who has produced a Florida Driver's License as identification. KuaiAu • ' ° OTARY PUBLIC :g••°�'�;; KRISTINEHOLTON i =• :*_ YCOMMISSION#DD686595 y commission expires: . - M ;;•''7`��= EXPIRES:June 18,2011 '�P;hd`'•` Bonded Thru Notary Public Underwriters State sat FLORIDA .:ounty of COLLIER I HEREBY 7-n- cr ,IA!,r lic b a true anco c o r r e c t or Count,/ r,V • OW1G` E. Etpi�: , ;J.r CP,;)fT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Francisca Alas, 5240 Floridian Avenue, Naples,Florida 34113 this day of ,2007. M.Jean 'wson Es a• 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. 2007-49 - Francisca Alas DEPT NO. 2005080208 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Francisca Alas, 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 2005080208 dated the 4 day of August, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 18, 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)(d)(i). Section 10.02.06(B)(d)(i) was renumbered September 13, 2005 and are described as Ordinance 2004- 41 As Amended, Collier County Land Development Code. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$849.00 incurred in the prosecution of this case. 2) Abate all violations by either: Obtaining a Collier County Building Permit for all improvements within thirty days (30) of today's hearing or a one hunder dollar ($100) a day fine will be imposed until the violation is abated. And within sixty days (60) after the issuance of the permit all required inspections and certicate of occupancy must be obtained or a one hundred dollar ($100) a day fine will be imposed until the required inspections and certicate of occupancy is otained. Otaining a Collier County Demo Permit and removing all improvements and converting the property back to its orginal state, pass inspections, and get a certicate of completion within sixty days (60) of today's hearing or a one hundred dollar($100) a day fine be imposed until violation is 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. Respondent Mi..helle Arnold, Director Code Enforcement Department REV 2/23/06 • BOARD OF COUNTY COMMISSIONERS PG:OR. 4251 PG• 0916 Collier County, Florida Petitioner, Vs. CEB NO. 2007-49 DEPT NO. 2005080208 Francisca Alas Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Francisca Alas, 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 2005080208 dated the 4 day of August, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 18, 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 • •- - • • -tion are accurate and I stipulate to their existence. A �`�� R �I 2) The violations are that of - - • s) 10.02.06(B)(1) - " - • 10.02.06.(B)(1)(d)(i). Section 10.02.06(B)(d)(i) was renum•er-4 _-m• (;5 and =re t'escribed as Ordinance 2004- 41 As Amended, Collier Co,my i•N-1 , .^=,�1.• - , ' -- .. THEREFORE, it is agreed be ,, �� es•�_ a - �=11; r 1) Pay operational costs in the - III ► t of$849.00 incur „ i th-4-ii, ecution of this case. 2) Abate all violations by either: Obtaining a Collier County B .�` • • •• .1i.•• ements within thirty days (30) of today's hearing or a one hunder dollar (. ∎iii: .- f -., • •- imposed until the violation is abated. And within sixty days (60) after the issuance o he permit all required inspections and certicate of occupancy must be obtained or a one hundred dollar ($100) a day fine will be imposed until the required inspections and certicate of occupancy is otained. Otaining a Collier County Demo Permit and removing all improvements and converting the property back to its orginal state, pass inspections, and get a certicate of completion within sixty days (60) of today's hearing or a one hundred dollar($100) a day fine be imposed until violation is 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. e i _ ` .M. .. S 8/•.7 Respondent Mi helie Arnold, Director Code Enforcement Department REV 2/23/06 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to 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 onbuilding or land alteration permits.The County Tlanager or his designee t4 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 inaccord with a requirerrints of this Code,and no building or land alteration=per tt shalt be issued without written approval that plans submitted conform to applicable zoning regulations,and_other land development regulations.For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which abuilding permit may not required„ xamples , include but are not limited to-Clearing and excavation permits;,site develc pment plan approvals, agricultural clearing permits,and blasting permits No building or struck shall be erected, moved,added to,altered,utilized-or allowed to exist and/or no:land alteration.shallube permitted without first obtaining the authorization ofthe required permit(s), inspect ons and cerd ca of occupancy as required.by.the Collier County Buildi Code or this Code and no b i. iii land alteration permit application shall be approved by the County Manager or•,,h designee for the erection,moving,,addanon to,or alteration of any building,structure,or land except conformity with-the provisions of this Code unlessshe shall receive a wnt n order froth the board of zoning-:appeals in the foci of an administrative review of:the interpretation,dr variance as provided by this Code,or unless he shall receive a�tten order from a court ortrtbamrl of competent jurisdiction: b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official,be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e.Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation,grading,improvement Of property or construction of anyt may be commenced prior to the issuance of a building permit where the cdevelopment propo requires a building permit under this Land development Code or other applicable county regulations.Exceptions to(this requirement may be granted by the Celia- ounty Manager or is designee for an approved subdivision or site development plan to provide for distribution offill excavated on-site or to permit construction of an approved.water anagemnent'systemn,to minim1ze 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 muting tie wits i f section 4,06.04 A of this Code,removal of exotic vegetation shall be;exempted upon receipt Oka vegetation removal permi€°fir 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,an required inspection(s)and certificate(s)of occupancy must be obtained within.60 days'after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off- street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 4040250 OR 4251 PG: 0913 RICORDID in OFFICIALlECORDS of COLLIER COUNTY, FL 06/29/2007 at 08:47AN DYIGBT I. BROCK, CLERK EEC FEB 35.50 Retn: CODE INFORMER' CODE ENFORCEMENT BOARD2800 N MIMEO OR COLLIER COUNTY,FLORIDA N1IFLBS FL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-49 vs. FRANCISCA ALAS, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before t:.• (Vatic, 2007,and the Board,having heard testimony under oath,received evidence,an• efr 1I•- ew.` 4,, •. late matters,thereupon issues its Findings of Fact,Conclusions of Law,an• • the Board,as fo • S OF FA T 1. That Francisca Alas is the ',wn: • u•' • o: 2. That the Code Enforcemen Bo. • as) • • • - •ers•rl o r the es'ondent and that the I Respondent,having been duly notifi-a, . . ••..!•p e •..; hea •u : ed into a Stipulation. 3. That the Respondent was no' •f the date of hearing .4.- i i ed} • .nd by personal service. 4. That the real property located a 4.7 rd Street S.W.,Naples ' •r'•.,Folio 36371680000,more particularly described as Lot 15,Block 18 , F, • ., •LDEN • , -• ,according to the Plat thereof recorded in Plat Book 9,Page 5 of the Public • o, o ► lorida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Deve •••--• '►: , .s amended,sections 10.02.06(B)(IXa)and 10.02.06(B)(I)(d)(i) (NOTE: Section I0.02.06(B)(1)(d)(i)was renumbered September 13,2005 by 10,02.06(B)(l)(e)(i) in the following particulars: Improvements of property without valid Collier County Building 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 I0.02.06(B)(I)(a)and I0.02.06(B)(I)(d)(i) (NOTE: Section 10.02.06(B)(1)(d)(i)was renumbered September 13, 2005 by 10.02.06(B)(I)(e)(i)be corrected in the following manner: I. By obtaining a Collier County Building Permit for all improvements within 30 days(July 18,2007). OR: 4251 PG: 0914 2. By obtaining all required inspections and a Certificate of Occupancy within 60 days of the issuance of the permit. 3. In the alternative,by obtaining a Collier County Demolition Permit and removing all improvements and converting the property back to its original state,passing inspections,and obtaining a Certificate of Completion within 60 days(August 17,2007). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 30 days (July 18,2007),then there will be a fine of$100 per day for each day until the building permit is obtained. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the issuance of a permit,then there will be a fine of$100 per day for each day until the required inspections and certificate of occupancy is obtained. 7. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days(August 17,2007),then there will be a fine of$100 per day for each day until the violation is abated. 8. 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. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$849.00. Any aggrieved party may appeal a final . . -.� = ` . e Circuit Court within thirty(30)days of the execution of the Order appealed.An app' . ,.1 7 • .;q!. o,but shall be limited to appellate review of the record created within. Fill : •• al shall not stay t = B'o. .'s Order. DONE AND ORDERED thi- , / •• ' . . /_ , 107 at •.11ie County, Florida. (C0J1 B• RD iipittoti ORI aA Sheri B:'.,ett, S hair 2800 N.,,,,(i,7• o se .^ .rive Naples, a„ i* STATE OF FLORIDA ) �� �� COUNTY OF COLLIER))SS. ��T �C - C The foregoing instrument was acknowledged before me this a1 day of 3u('e , 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. 111A,COLtAL Hoc i OTARY PUBLIC ,k. . in M1'(%pA,qmISSIpNBpp y commission expires: _ � .• EXPIRES:June 18,2011 Boded Ttry Nobly Rao Undorwdrs State of FLORIDA `aunty of COLLIER I HEREBY CERT YE> ris,Is a true and correct copy' .. 1' . Ape in Board Mm nuyfsint _�I`:>„a■ • itIier County Wj EN SS rif>:►- tr:a a i this ays#; WM • :.�, : • oval E: s "'der couRrs iiiiiiiipiasswilP OR: 4251 PG: 0915 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Francisca Alas,5240 Floridian Avenue,Naples,Florida 34113 this day of ,2007. &L14 .�ZA.WaAl`j M.J n wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 C C ° I IT dit 174-E CMC . •..., .. , , .; - • ok•ie . $.1,;•‘. ... • '11VOli.. ,,...: ....- • .oi -.r • . 4.---.- •-..' 4,4 ,V*. ''''' ' ' lif ''... ''' •':,,, . 4 • . . .. .. .•.'111. . . ' • s'.• " • . ' '' -0/1 ' '.k., .:,.... •:. ,iy..,. I i.,1 , * •W: ''' ',AP. ' •• t :Y.'P._4 — ..- '-• •,•t k i41 qic..1- , . I . . . - •*MC' , 0 r. • f - ' Ai,-. . 4„.• -4.. . , k j • ,----- .._," -- ,-- _— . .. __.........._ .. / ...*,.. . ... .. , 44--.•-•*;,-,,,,"'", . A... ...••••,-- _ip.. 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EXHIBIT "Afl EXHIBIT "B" COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ilen Estrada Realty, Inc., Respondent(s) Ilen Esrada, Registered Agent CEB No. 2007-53 DEPT No. 2006060515 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-10 Deed 11-12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-53 COLLIER COUNTY DEPT CASE NO.2006030515 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Ilen Estrada Realty,Inc,Respondent(s) Ilen Estrada,Registered Agent NOTICE OF HEARING To: Ilen Estrada Realty,Inc Ilen Estrada,Registered Agent 4075 Pine Ridge Road Ext# 15 Naples,FL 34119 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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. :endisa Marku Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 t. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-53 vs. DEPT CASE NO.2006030515 lien Estrada Realty Inc. Ilen Estrada,Registered Agent,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)Collier County Land Development Code 2004-41 As Amended, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e). 2. Description of Violation:Improvement of property without an active Collier County Building Permit. 3. Location/address where violation exists: 5513 26th Ave SW Golden Gate City. 4. Name and address of owner/person in charge of violation location Estrada Realty Inc.Ilen Estrada, Registered Agent.4075 Pine Ridge Road Ext. Suite 15,Naples Fl.34119. 5. Date violation first observed:March 14,2006. 6. Date owner/person in charge given Notice of Violation:March 21,2006 Certified Mail and November 8,2006 Personal Service. 7. Date on/by which violation to be corrected:April 4,2006 and February 8,2007. 8. Date of re-inspection: February 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 25. day of April, 2007 ee:/. � Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed)and subscribed before this 25 day of April ,2007 by &e/LA Cit\-C" \ ( ignature of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known )(or produced identification Type of identification produced -10 J0t.t,►b-bttillrtaFJ~LUttll t Shirley M. Garcia Commissfon#DD501305 REV 3-3-05 ':XPireS DEC. 21, 2009 "4rlafltif Ronding Ca,Inc , Case Number Ab103 S -• COLLIER COUNTY CODE ENFORCEMENT 10 Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION indent - ., 11-1.1.,M t . ti Date: nit G Investigator: 6/0/41A-0 Phone: 239-yap• 01 "Aargra+.01MITELIMIW p Q t Zoning Dist I S F Sec 24' Twp �f ring g Mailing: 1/075- P,AJL Ilia £ ffjj Legal: Subdivision Block /o/ Lot `� NA-PLeS 1/ Location: Folio 3637ip90000 OR Book 3441 Page 33 S1 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 49t iding 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 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 A10.02.06(B)(1X.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: •'■ prior to the issuance of a building permit where the development proposed ,r 72001. -.moo' .il. / requires a building permit under this land development code or other /�/� applicable county regulations. stntrl' ? 411E"' / C.[ - 010.02.06(BX1)(d)(1)In the event the improvement of property,construction of Q �.07 t �r al9Z- M� any type,repairs or remodeling of any type that requires a building permit has , I �✓ been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to oorect Hance i with all be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article H 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: t'02 07 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 Enfor -.t Board review that may result in fines up to$1000 per day . ion, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pro- cu p (or other written site specific work authorization such as for excavation,tree `� //.rcrr- removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at Respon T*, Date the site. Activities prohibited prior to permit issuance shall include,but are " / ,., not limited to, excavation pile driving (excluding test piling), well drilling, _ _d4irl� t7. formwork,placement of building materials,equipment or accessory structures Investigato 's Signature • Date ' and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 3. Case Number 2006030515 COLLIER COUNTY CODE ENFORCEMENT i-. NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION I Ilen Estrada, Registered Agent of Ilen Estrada Realty Inc., and property owner of 5513 26th Ave SW Golden Gate City, agree to comply with Collier County Codes and Ordinances. I will obtain permit 2006071567, currently in apply status, within 90 days of the signing of this document. I will personally address any revisions/rejections from any permit review person(s) or department(s). I will be responsible for tracking the permit process until completion and issuance of the permit. If failure to obtained the permit within the ninety day time frame, I understand the case will be presented at the Collier County Special Master Hearing or Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. /4- Res o Cot' ignature Date Investigato\Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 h IJSPS -Track& Confirm Page 1 of 1 ,--,. UNITED_STF TES, > POST ,�.SERW a Home I Help 126%,111:" 'tic•`*'> -2 y r ='s,alvt ;,-z s k r tw gdd ei 7.. t` aar x rr: 's.�.�..ws`s'�'vsk:may;- '�'u..!a:�e �.�..,�.ta:.���.�'s.*' .�s��"��..,".." ::x,a,.ar,:+��E!n,�Yt�"'.i��T�._Yx�': �`� %i„-``.�'`�1'�..u,l`�u:� � �,26,d„eIs Track&Confirm Track & Confirm Search Results Label/Receipt Number.7005 1820 0004 2354 4218 Status: Delivered Track&Confirm y Enter Label/Receipt Number. Your item was delivered at 11:33 am on March 24,2006 in NAPLES, FL 34119. ( Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. ( Go n POSTAL INSPECTORS site map contact is government services jobs National & Premier Accounts Preserving the Trust Copyright©1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy U.S Postal Service, ra CERTIFIED MVIAIL,„ RECEIPT (. ru (Domestic Mail Only;No insurance Coverage Provided) For delivery information visit our website atwww.usps.com,, Ln OFFICIAL USE m ru Postage $ = Certified Fee 0 Return Receipt Fee Postrnark (Endorsement Required) Here O Restricted Delivery Fee ru (Endorsement Required) cCi 1-1 Total Pc ILEN ESTRADA REALTY INC Ln p Send- 4075 PINE RIDGE ROAD EXT # 15 .------, 0 NAPLES, FL 34119 r■- --atreet Ilp or PO Boa Case Nbr - 2006030515 City Staff PS Fa.m as:'averse or.nstructions_ Case Number 2006030515 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code &Other Permit Requirements NOTICE OF VIOLATION , . pondent Ben Estrada Date: 3/21/06 Investigator:g Ed Monad Phone: 239-403-2441 Zoning Dist RSF Sec 28 Twp 49 Rog 26 Mailing: 4075 Pine Ridge Road Ext#15 Legal: Subdivision Golden Gate Unit 6 Part 1 Block 181 Lot 26 Naples Fl.34119 Location: 5513 26th Ave SW Folio 36371040006 OR Book 3485 Page 3386 Unincorporated Collier County 5Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 5 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-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)(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 permit(s),inspections,and certificate(s)of occupancy,etc. E1111.1 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 010.02.06(13)(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 Permit 2004072002 has expired. Must reapply for permit or applicable county regulations. remove all improvements and restore lot to vacant property. 010.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress,or which constitute a fire hazard, or are 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 ❑103.11.2 Physical Safety 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: April 4,2006 certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of ❑104.1.35 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 Respondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are / / not limited to, excavation pile driving(excluding test piling), well drilling, 3 2�' �G formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date nd 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. 7:-� Notirp of Violation n.4,.:....,._7-.1_ ,• . •• . _ 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 Tallahassee, Florida 2004 7 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 • 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 tY ty 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 section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Illj and the growth management plan. B. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. " Zoning action on building or land alteration permits. The County Manager or hi s r designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required .----., permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp.No.2 LDC10:85 q COLLIER COUNTY LAND DEVELOPMENT CODE 10.02,06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp.No.2 LDC10:86 �i1 3330942 011: 3485 PG: 3386 RECORDED in OFFICI1lL RECORDS of COLLAR COOE'R, FL InstrumentP By: 01/20/1004 at 08:11111 DWIGHT I. BROCI, CIRRI ,1, LORI 46500.00 William Schweikhardt RIC III 10.50 Attorney At Law DOC-.10 339.50 900 Sixth Avenue South, Suite 203 lets: Naples, Florida 34102 ROGER RICI 5425 PAIL CEETRAL CT Parcel Identification Number is: IDLES IL 34109 36371040006 Grantees Tax Identification Number is: THE ABOVE SPACE RESERVED FOR RECORDERS USE WARRANTY DEED THIS INDENTURE made this 15th day of January,2004,between MIRANDA MELENDEZ, whose post office address is: 181 NW 106th Avenue = FL 33026-3921 of the County of Broward,State of Florida,Grantor,and ILEN ES ' ► _ y''A. i: 'da corporation,whose post office address is:4075 Pine Ridge Road Ext.,Suite b .,r/,FL 34119 0 of Collier,State of Florida,Grantee. WITNESSETH,that s:•' G I• • .' in consi• .tion f = sum of TEN DOLLARS($10.00), and other good and valuable cos,i, '• .-r -• I • + '. s d pal. by :'d Grantee,the receipt whereof is hereby acknowledged, has : : 's-•, • y,, II- ,tee, and Grantee's heirs, and assigns forever,the following descri, 1. • fer County, Florida, to-wit: Lot 26,Block •. - ISION, Unit 6, according to t.thereof recorded in :••k 9 t;: 2, of the Public Records of Coth • • ty,Florida. -►s 0 G SUBJECT TO res• 1• " : •. • easements •.: s• • I subdivision and ad valorem taxes for the y! 2P The property is vacant, unimproved property and therefore is not the. homestead property of the grantor(s). and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and"Grantee" are used for singular or plural,as context requires. Page 1 of 2 * OR: 3485 PG: 3387 *** IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: NAM : Rebecca Armstead i' • IA a • Z 0 'Tio S NAME: • r Mggan STATE OF FLORIDA ®\\-1 CQ��I?, COUNTY OF COLT CJ -t"' The foregoing ins• a. " w ac• •-.led!-• • •■a this • •. of January,2004,by MIRANDA MELENDEZ, who has p •. ..... a ali 've •:1x: as i i-•tificati•., . •a who did not take an oath.p y j I 1.--r--- ()_, o NO �, T� :LIC: • i (SEAL) 94., • ■••• ••' sion Expires: CPA- .. .' cry ova Ak. ,,. Myco oNt tmo147u oases -,, November 27,2005 ', 4'y KoNcMnewnorMMINIL 1AMCUPC Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-53 DEPT NO. 2006030515 lien Estrada Realty Inc. Ilen Estrada, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ilen Estrada, Registered Agent, on behalf of lien Estrada Realty Inc. 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 2006030515 dated the 8 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 June 28,2007; 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) 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$$684.40 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. Removing the improvements and converting the property back to its original state within ninty (90) days of today's hearing or an additional one hundred dollar ($100) a day fine be imposed 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigz;r t. ome out and perform a site inspection. espo.:en /cd Michelle Arnold, Director Code Enforcement Department 07 4-S- AD Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-53 vs. ILEN ESTRADA REALTY, INC., Ilen Estrada, Registered Agent Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 ILEN ESTRADA REALTY, 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 personal service. 4. That the real property located at 5513 26th Avenue S.W.,Golden Gate City, Florida, Folio 36371040006, more particularly described as Lot 26, Block 181,Part!, GOLDEN GATE CITY SUBDIVISION, Unit 6, according to the Plat thereof recorded in Plat Book 9, Page 2 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) in the following particulars: Improvements of property without an active Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,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)be corrected in the following manner: 1. By obtaining a Collier County Building Permit for all improvements within 60 days(August 17, 2007). 2. In the alternative,by removing the improvements and converting the property back to its original state within 90 days(September 16,2007) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 60 days (August 17,2007), then there will be a fine of$100 per day for each day until the violation is abated. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board within 90 days(September 16,2007),then there will be a fine of$100 per day for each day until the violation is abated. 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$684.40. 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 2 day of ,rr_e . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: -` t '%' 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 j ( day of 5, -e 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. . .>„q 1 t�,pY P1jQ' KRISTINE HOLTON ;.. • .: MY COMMISSION#DD 6895'6 ' NOTARY PUBLIC EXPIRES:June 18,2011 ;' �:• �:�, My commission expires: '� Pr�'1 Bonded Thru Notary Public Underwn!:"¢Y s state 01 F t_OKWA county of COLLIER I HEREBY C"F TIrY Ti;f 't`a;.ts, true and correct copy et Z Board MintA , � .4 f' ,tier ponty WI tIrSS ry i t`e 331 this UWI E. Br>.( CA,. 14RK Qf pout'tsti (J' (� rA• 't /�. • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent j4. S. ail to Ilen Estrada Realty, Inc.,4075 Pine Ridge Road,Ext.#15, Naples,Florida 34119 this a, ay of 2007. /�' M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-53 Ilen Estrada Realty Inc. DEPT NO. 2006030515 Ilen Estrada, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, lien Estrada, Registered Agent, on behalf of Ilen Estrada Realty Inc. 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 2006030515 dated the 8 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 June 28,2007; 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) 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$$684.40 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. Removing the improvements and converting the property back to its original state within ninty (90) days of today's hearing or an additional one hundred dollar ($100) a day fine be imposed 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investig 7.;r to om- out and perform a site inspection. AWIT /7 .411/.011Clia.s. "espo►:en "ca Michelle Arnold, Director Code Enforcement Department Y4-5. /0 7 Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James N. Kalvin and Ruth P. Kalvin., Respondent(s) CEB No. 2007-25 DEPT No. 2006050542 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 Deed 8-9 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-25 i-� DEPT CASE NO.2006050542 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. James N.Kalvin and Ruth P.Kalvin,Respondents NOTICE OF HEARING To: James N.Kalvin and Ruth P.Kalvin 5801 Cedar Tree Lane 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 June 18, 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. / 1;;.„„i / Bendisa Mar Operations Coordinator Secretary to the Code Enforcement Board /. REV 4-5-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-25 vs. DEPT CASE NO.2006050542 James N Kalvin&Ruth P Kalvin,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 04-41 as amended, sec. 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) 2. Description of Violation:Converted garage into living space with a bathroom and a kitchen without Collier County Building Permits. 3. Location/address where violation exists: 5801 Cedar Tree LN.Naples,FL 34116 4. Name and address of owner/person in charge of violation location James and Ruth Kalvin 5801 Cedar Tree LN.Naples,FL.34116 5. Date violation first observed: June 5`s 2006 6. Date owner/person in charge given Notice of Violation:Notice of violation given to owner James Kalvin 7. Date on/by which violation to be corrected:July 31"(2006 8. Date of re-inspection: July 17th 2006 9. Results of Re-inspection:Violation still remains prepared case for the Code Enforcement Board STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 1st.day of February, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER . S . 09 or a i ed) . ubs bed before this/1day oi; ,2007 I ('ignature of Notary Public)/ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification .tr 44:', Linda C.Wolfe Type of identification pro uced =.•�2� �O Commission#DD273407 `` •P* Expires:Dec 07,2007 Ot' Bonded Thru ''''' Atlantic Bonding Co.,Inc. REV 3-3-05 2 . Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent rel e S cjv Date: (c /S/(,(p Investigator: p,A)cl t n Phone: 239(.5-9 5 7 P K a.i•.■■ Zoning Dist L SI-ttkes Sec Twp Rag 2 ra go 1 Cedar- 1 rte `Y 1 Legal: Subdivision la I Es 1 Block S^T Lot C No.pke.s . FL . 34W0 %.Jr,t4 i Location: Folio 33. S D OO Os OR Book 21 S et Page -13 is 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)(I) 0105.7 The building permit or copy shall be kept on the site of the work Budding or land alteration permit and certificate of occupancy until the completion of the project. '10.02.06(Bx1)(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. 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 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: prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other u eSt',l1 o S e b u•k r u- t 0.„,)4. C off t t r' applicable county regulations. .1 cS.t p c.. . 0.02.06(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 Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard,or are Vivlust otherwise dangerous to human like, or which in relation to existing uses, 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 i laton if 3 building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: r Z 0D 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 B and review that may result in fines up to$1000 per day per viola'on as 1•.•rg as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pr nia ion. (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- _Nib s vegetation,etc.)shall have been issued prior to the commencement of work at Re •o••ant's = ature Date • the site. Activities prohibited prior to permit issuance shall include,but are not limited to, excavation pile driving (excluding test piling), well drilling, / • - formwork,placement of building materials,equipment or accessory structures nvestigator's Signature Date and disturbance or removal of protected species or habitat,etc. action 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. 3t Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting PPv11/14.mc COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 ( hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted • upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 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. 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 l forth by resolution. LDC10:84 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. 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. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 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 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 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 agencies prior to commencement of any construction and/or development,including any changes in land configuration and land preparation. LDC10:81 fr 3760174 OR: 3958 PG: 2315 PROBED in OFFICIAL WORDS of COLLIII COUNTY, IL 12/30/2005 at 02:131K DWIGHT I. SIOCI, CLINK CONS 405000.00 RIC EII 18.50 DOC-.70 3395.00 Prepared without opinion of title by: Nath: Stuart A.Thompson,Esq. SMUT LAW riff Thompson&Shirk,P.A. 600 5T1 AVE S 1205 2272 Airport Road South,Suite 101 MILES FL 34102 Naples, FL 34112 (Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 7th day of December, 2005 between Steven L. Heidel and Stacy Lee Heidel, husband and w' • z ter, • ames N. Kalvin and Ruth P. Kalvin, husband and wife, as tenants b, g\e. -. ', • 'M TN office address is 5801 Cedar Tree Lane,Naples,FL 34116,gran tJ' (Whenever used herein the to s "g • ,: '-y d . . rr- t elude .11 th- parties to this instrument and the heirs, legal representatives, : d s' f '• i••- • • • ces ors and assigns of corporations, n trusts and trustees) lip I( 0 1. �-r Witnesseth, that said Li . an. .. •`-rat:• .f kie sum of TEN AND NO/100 DOLLARS ($10.00) and o 1 - _ood and valuable , id:ra:. o said grantor in hand paid by said grantee, the receipt whe 1 hereby acknowl ;� �r, ted,bargained, and sold to the said grantee, and grantee's he' '-' • . signs forever, th- ' g described land, situate, lying and being in Collier County,Flo 4 ' • COX-C"& Tract 88, GOLDEN GATE ESTATES UNIT 31, a subdivision, according to the plat thereof, recorded in Plat Book 7, Page 59, of the Public Records of Collier County,Florida. Parcel Identification Number:38227520005 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 DoubleTime® *** OR: 3958 PG: 2316 *** the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: AA A .Adil JAI Wi��ss as to Both- � �� t St en L. eidel Printed Name: i)Y R1 a,k //Y./ow ss as to : R. CO idel 7'nted Name: C State of Florida Ji)County of Collier The foregoing instrument ac owle.ged : ►..- me • s tit # day of December, 2005 by Steven L. Heidel and Stac v!-- Heidel, who 1=/ _ •- oa known or [J have produced a driver's license as identificat • F pirE C [Notary Seal] Notary Public Printed Name: sbu�rt A ThanPSon My DD105058 My Commission Expires: Expires June 27, Warranty Deed-Page 2 DoubieTimee BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CEB NO. 2007-25 DEPT. NO. 2006050542 James N. Kalvin and Ruth P. Kalvin Respondent(s), STIPULATION AGREEMENT COMES NOW, the undersigned, Antonio Faqa , on behalf of James N. & Ruth P. Kalvin as representative for the Respondents and enters into this Stipulation and Agreement with Collier County,as to the resolution of Notices of Violation in reference (case) number 2007-25 dated the f ray of _Nr et 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 June 18, 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 Ordinance 2004-41,The Land Development Code, as amended, section(s) 10.02.06[B] [1] [a], 10.02.06 [B] [1] [d] and 10.02.06 [B] [1] [d] [i], the conversion of a garage / storage building into living space with kitchen facilities without obtaining required County building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $405.97 incurred in the prosecution of this case. 2) Abate all violations by: A. Submitting a complete and sufficient variance application for any applicable setback requirements and the square footage requirement for the primary residence and guest house structures within the Estates zoned area within 30 days of the hearing (July 19, 2007) or a fine of $50 per day will be imposed until the variance application is submitted. B. Pursuing variance process through final determination. If variance is approved, submit complete and sufficient documentation to the Collier County Building Official identifying the construction details of the garage /storage structure within 60 days of variance approval or a fine of $50 per day will be imposed until the documentation is submitted. Pursue the document review process until it has been demonstrated to the Building Official that the work which was completed meets all codes and requirements in effect at the time the permit was required. Confirmation that the REV 2/23/06 Page 1 of 2 • structure meets code must be received from the Building Official within 60 days of submittal of plans identifying construction details or a fine of $50 per day will be imposed until Building Officialiconfir�nation is rec ivedd.l . ©�l C. If variance is Lowytop denied, remove all i ovements made to the garage / ?torage structure and convert it back to it's original permitted condition within 60 days of variance disapproval or a fine of $100.00 a day will be imposed until the said improvements are removed. 3) Respondent must notify Code Enforcement that the violation has been abated. 6 12/19 Date Michelle Arnold, Director Date �V 6/1��d 7 Code Enforcement Department 'anted Na ftfOlt, **la* REV 2/23/06 Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-25 vs. JAMES N. KALVIN AND RUTH P. KALVIN, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 JAMES N. KALVIN and RUTH P. KALVIN 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, in person and by Attorney Tony Faga,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 5801 Cedar Tree Lane,Naples, Florida, Folio 38227520005,more particularly described as Tract 88,GOLDEN GATE ESTATES UNIT 31,a subdivision,according to the Plat thereof recorded in Plat Book 7, Page 59 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)(1)in the following particulars: Converted garage into living space with a bathroom and a kitchen without Collier County Building 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)(l)(a) 10.02.06(B)(I)(d)and 10.02.06(B)(1)(d)(1)be corrected in the following manner: 1. By submitting a complete and sufficient variance application for any applicable setback requirements and the square footage requirement for the primary residence and guest house structures within the Estates zoned area within 30 days of the hearing(July 18,2007). 2. By pursuing variance through final determination. If variance is approved, by submitting complete and sufficient documentation to the Collier County Building Official identifying the construction details of the garage/storage structure within 60 days of the variance approval. 3. By pursuing the document review process until it has been demonstrated to the Building Official that the work which was completed meets all codes and requirements in effect at the time the permit was required. Confirmation that the structure meets code must be received from the Building Official within 60 day of submittal of plans identifying construction details. 4. If variance is denied and all appeals are exhausted,by removing all improvements made to the garage/storage structure and by converting it back to its original permitted condition within 60 days of variance disapproval. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 30 days (July 18,2007), then there will be a fine of$50 per day for each day until the variance application is submitted. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of variance approval, then there will be a fine of$50 per day for each day until the documentation is submitted. 7. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days of submittal then there will be a fine of$50 per day for each day until Building Official confirmation is received. 8. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 60 days of variance disapproval,then there will be a fine of$100 per day for each day until the said improvements are removed. 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$405.97. 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. -1 DONE AND ORDERED this ' day of ,t ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: «„ (t( Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this9r day of 2007, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or 1/ who has produced a Florida Driver's License as identification. ,� Pr'•. KRISTINEHOLTON ) lr 1 ` L7h1---N =gz NOTARY PUBLIC MY COMMISSION#DD 686535 bt My commission expires: EXPIRES:June 18.2011 y comm on ex P •'•��„pF''' Bonded Thru Notary Public Undo=vrtnrs H�'E.A11,7•11.; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James N. Kalvin and Ruth P. Kalvin, 5801 Cedar Tree Lane, N ,Florida 34116 and to Antonio Faga,Esq., 7955 Airport Pulling Road,Naples,FL 34109 this a. a lesy of 2007. M./1/7/4 e". 'awson,Esq. Flori I a Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 �tatc 01 F LUrdLA county of COLLIER I HEREBY CERTIrY•THAI tip Is a true and correct copy f a coe ion cn fife in Board Menu 5 and 1' -r,;is fttiollier County WITNESS r :i�an .d eIcia1 teal this day`ot.. >C09-- • W E. $RO $ cLE K COURT$ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CEB NO. 2007-25 James N. Kalvin and Ruth P. Kalvin DEPT. NO. 2006050542 Respondent(s), STIPULATION AGREEMENT COMES NOW, the undersigned, Antonio Facia , on behalf of James N. & Ruth P. Kalvin as representative for the Respondents and enters into this Stipulation and Agreement with Collier County As to the resolution of Notices of Violation in reference (case) number 2007-25 dated the /r ay of •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 June 18, 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 Ordinance 2004-41,The Land Development Code, as amended, section(s) 10.02.06[B] [1] [a], 10.02.06 [B] [1] [d] and 10.02.06 [B] [1] [d] [i], the conversion of a garage / storage building into living space with kitchen facilities without obtaining required County building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $405.97 incurred in the prosecution of this case. 2) Abate all violations by: A. Submitting a complete and sufficient variance application for any applicable setback requirements and the square footage requirement for the primary residence and guest house structures within the Estates zoned area within 30 days of the hearing (July 19, 2007) or a fine of $50 per day will be imposed until the variance application is submitted. B. Pursuing variance process through final determination. If variance is approved, submit complete and sufficient documentation to the Collier County Building Official identifying the construction details of the garage / storage structure within 60 days of variance approval or a fine of $50 per day will be imposed until the documentation is submitted. Pursue the document review process until it has been demonstrated to the Building Official that the work which was completed meets all codes and requirements in effect at the time the permit was required. Confirmation that the REV 2/23/06 Page 1 of 2 structure meets code must be received from the Building Official within 60 days of submittal of plans identifying construction details or a fine of $50 per day will be imposed until Building Official_cosation is rec ived. QX Sad C. If variance is denied OA, 4 MO remove all i ovements made to the garage / ?torage structure and convert it back to it's original permitted condition within 60 days of variance disapproval or a fine of $100.00 a day will be imposed until the said improvements are removed. 3) Respondent must notify Code Enforcement that the violation has been abated. ..d . / ■-..... a $;sie 07 '� •on•ent G- B err y ate Michelle Arnold, Director Date 1 &10 7 Code Enforcement Department anted Na - ,o. gar es jot REV 2/23/06 Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-29 vs. MARIO A.ALVAREZ, Respondent 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 June 18,2007,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 Mario A.Alvarez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2912 44th Street S.W.,Naples,Florida,Folio 36560240002,more particularly described as Lot 3,Block 280,GOLDEN GATE UNIT 8,Part 2,according to the Plat thereof recorded in Plat Book 9,Pages 107 through 112 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)(d)(i)and The Florida Building Code 2004 Edition,Sections 105.1 and 105.7 in the following particulars: Conversion of screen lanai to extra living without County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation that 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)(i) and The Florida Building Code 2004 Edition,Sections 105.1 and 105.7 be corrected in the following manner: 1. By obtaining a Collier County building or demolition permit and all required inspections and Certificates of Completion/Occupancy within 90 days(September 16,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 90 days (September 16,2007),then there will be a fine of$200 per day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$315.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 27th day of June,2007 and re-signed this co day of November,2007,at Collier County,Florida,nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER CO M • • DA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) NO The foregoing instrument was acknowledged before me this j, day of(LOV fMb{ne', 2007,by Kenneth Kelly,Vice 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. CIE HOLTON ■ I.. i LI - 1 la ea! IsitA;z MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: ��.-'•;- P underwriters row CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mario A.Alvarez,2912 44 St. S.W.,Naples,Florida 34116 this ZNaD day of .,to 4014109!2007. ilk . _ --' N.Jean/ son,Esq. _ Florida •ar No.750311 State of FLORIDA '} Tlttorney for the Code Enforcement Board ;minty of COLUER 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 1 HEREBY CERTIFY THAT this 1a S true a (239)263-8206 correct ccp't at a 4socur ent on fild In Board Minutes a d ° .N.1 cf Collier Coady TliselfSS my h e `,41 real, this day of (�� Mal DWIGHT E. BROLI( CLERK OF COURTS _ .e. ... O.Ipr _, ,,,, .8144,u,...*,,, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-29 Mario A. Alvarez DEPT NO. 2006080626 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mario A. Alvarez 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 2007-29 dated the 18th day of June, 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 22nd March 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][2][d][i] of Collier County Ordinance 2004-41; Florida Building Code 2004 Edition Sec: 105.1, and 105.7 and are described as conversion of lanai to extra living area without County permits. HEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$315.51 incurred in the prosecution of this case. 2) Abate all violations by obtaining a Collier County building or demolition permit and all required inspections and certificates of completion/occupancy within 90 days or a fine of$200.00 shall be imposed for each day violation remains 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. A Resp•nt1'�� -ry 2: Michelle Arnold, Dir or Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-29 vs. DEPT CASE NO. 2006080626 Alvarez,Mario A.Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,as amended sec.(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(i); Florida Building Code2004 Edition Sec. 105.1,and 105.7 2. Description of Violation: Conversion of screen lanai to extra living area without County permits. 3. Location/address where violation exists:2912 44th St. SW 4. Name and address of owner/person in charge of violation location: Alvarez,Mario A.at 2912 44th St.SW Naples,Fl.34116 5. Date violation first observed: Aug. 15,2006 6. Date owner/person in charge given Notice of Violation:Aug. 15,2006 7. Date on/by which violation to be corrected: Sept.25,2006 8. Date of re-inspection: Jan. 17,2007 9. Results of Re-inspection:Violation(s)Remain(s) STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 13th day of Feb.2007. a to Gomez Code Enforcement Inv gator STATE OF FLORIDA COUNTY OF COLLIER o jo or red . . subs 'bed before this 13"day of Feb,2007 by Carmelo Gomez. 4 41 •ignature of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public Personally know . or produced identification ,, ,,,, Linda C. Wolfe Type of identification produced =�°` ,,YPu• : Commission#DD273407 T ,Q=Expires:Dec 07,2007 O Bonded That " ■ Atlantic Bonding Co.,Inc. REV 3-3-05 2 . • . , Case Number.2 4.08'4(p , ': COLLIER COUNTY CODE ENFORCEMENT 0 , ' Building Permits,Administrative Code& Other Permit Requirements A NOTICE OF VIOLATION 2 p—'.■pndent AL L/4-,1L., / JAtiezz, Date: f // 'O , Investigator: ge�C�� Phone: 2394/-30 9' Zoning Dist ZeS Sec ,�qa�7 Twp "'7�7 Rag l Mailing: J91.2 yygr.9 J. Legal: Subdivisionp/be 9 ged-,�/'/ lock �,,r 4 Lot Location: Folio ,0464#402..1-10 O Oa—. OR Book Page 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 105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 4105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy B y until the completion of the project. 0.02.06(B)(l)(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( )( )( ) p property p p regulated by this code for which a permit is required,until released by the 010.02.0 B 1 d Improvement of prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative prior to the issuance of a building permit where the development proposed r+ Cho S�' •nC��. n �'��� ,-requires a building permit under this land development code or other (� e-•/ �-4. applicable county regulations. *0.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are jelotherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements structure and remove from property. hereby declared illegal,etc Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition.of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: 7-... .„5" building inspection....Where pool construction is commenced after occupancy () : .Eto D 4. 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 a'iolation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pros�ecutition �(or other written site specific work authorization such as for excavation,tree j �'�� "removal, well construction, approved site development plan, filling, re-vegetation,etc.)shall have been issued prior to the commencement of work at Respondents 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, I.11Lg_!_/4 . /..1"es formwork,placement of building materials,equipment or accessory structures Inv stigator's Signature s ate and disturbance or removal of protected species or habitat,etc. . Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building bfficial 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 • APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A2. 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 Supp.No.2 LDC10:65 '- COWER 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. iL 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. 1. 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 LDC1 0:86 5 SECTION 105 PERMITS Page 1 of 7 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://infosolutions.com/icce/gateway.d11/3/8?f=templates$fn=document-frame.htm$3.0$q=... 2/7/2007 6', SECTION 105 PERMITS Page 6 of 7 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 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. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, http://infosolutions.com/icce/gateway.d1U3/8?f=templates$fn=document-frame.htm$3.0$q... 1/22/2007 7. *** 3800039 OR: 3997 PG: 1539 *** RECOIDID in OFFICIAL RECORDS of COLLIER C001T7, FL 03/13/2006 at 12:02P1 BRIGHT I. BfOCI, CLBRI CONS 355000.00 RIC FIB 11.00 Prepared by and return to DOC-.70 2485.00 Jennifer Montero At}g: Secretary A A C TITLI COIF A&C Title Corporation 1400 11 107 AVE 1 200 1400 N.W.107 Avenue Suite 200 CAE FL 33172 Miami,FL 33172 305-231-2100 File Number: 06-0109J Will Call No.: (Space Above This Line For Recording Data) Warranty Deed Sfi rx � ' This Warranty Deed made this 24th day of February,2006 between Claudia Pineros,a awned woman whose post office address is 2912 44 Street Sw,Naples,FL 34116,grantor,and Mario A.Alvarez,a married man whose post office address is 2912 44 Street Sw,Naples,FL 34116,grantee: (Whenever 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,trusts and trustees) Witnesseth,that said grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land, situate,lying and being in Collier County,Florida to-wit: Lot 3,Block 280,GOLDEN GATE UNIT 8,P. : . according to the Plat thereof,recorded in Plat Book 9,Page 107 through 112,of the P� ,' =rue i 'er County,Florida. Parcel Identification Number: • ,� ;1 12 7't. Subject to restrictions,rese, all, easeme,.. . , 1' . tatio,,CC^of ..-,rd,if any provided that this shall not serve to reimpose. m zo, ,g.,,in .— and sea fo the current years and subsequent /"*".■ years. Together with all the tenements,h: -•i • is 'g." to 1. or in anywise\._./ JAL ?Ig!'' YK appertaining. To Have and to Hold,the same• 'r imple forever. O And the grantor hereby covenants with ag_ ,tee that the grantor is seized of said land in fee simple;that the grantor has good right and lawful authority •convey said •••; • e grantor hereby fully warrants the title to said land and will defend the same against the :• i t: •" whomsoever, and that said land is free of all 3 encumbrances,except taxes accruing subsequent to r • , .e i!; . In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Si, �,.� .� presence: , a : if' I4..... , 'G- �_JLLL.�.... C ciu2._ Tnprc- (Seal) 4r, 11J:1 iaillatif..:arl • Clau in Pineros !: id it±tli�it�l!r'�L�n; t!r Wi Name: 'ref al 7"ji jlp Sail State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this 24th day of nary 2 by gisu$ Pineros,who U is personally known or[X]has produced a driver's license as identification. AO _t [Notary Seal] tr!v�!,' Jennifer Montero Notary Public '+ E>pira I SEE Printed Name: U$I% rrt W. RoNNoGtRYcom �.. My Commission Expires: DoubleTimo. 8 . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-29 Mario A. Alvarez DEPT NO. 2006080626 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mario A. Alvarez 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 2007-29 dated the 18th day of June, 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 22nd March 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][2][d][i] of Collier County Ordinance 2004-41; Florida Building Code 2004 Edition Sec: 105.1, and 105.7 and are described as conversion of lanai to extra living area without County permits. HEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$315.51 incurred in the prosecution of this case. 2) Abate all violations by obtaining a Collier County building or demolition permit and all required inspections and certificates of completion/occupancy within 90 days or a fine of$200.00 shall be imposed for each day violation remains 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. A . -, JC.C24...4--e ----1-.--- /L-7----) ' -TV R-: Michelle Arnold, Dir or Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-29 vs. MARIO A. ALVAREZ, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 Mario A. Alvarez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2575 53`d Street S.W.,Naples, Florida, Folio 36560240002, more particularly described as Lot 3, Block 280,GOLDEN GATE UNIT 8, Part 2,according to the Plat thereof recorded in Plat Book 9, Pages 107 through 112 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)(d)(i)and The Florida Building Code 2004 Edition, Sections 105.1 and 105.7 in the following particulars: Conversion of screen lanai to extra living without County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation that 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)(i) and The Florida Building Code 2004 Edition, Sections 105.1 and 105.7 be corrected in the following manner: 1. By obtaining a Collier County building or demolition permit and all required inspections and Certificates of Completion/Occupancy within 90 days(September 16,2007). 2. That if the Respondent does not comply with paragraph I of the Order of the Board within 90 days (September 16,2007), then there will be a fine of$200 per day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$315.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .2 I) day of <,.,. F 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 3LU') 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida,who is _ personally known to me or 1/who has produced a Florida Driver's License as identification. vTht1I\if5tJi\j u. NOTARY P •iii KRISTINE HOLTONV L PUBLIC • , MY COMMISSION#DD 686595 5 My commission expires: .�� ? EXPIRES:June 18,2011 ...two, Bonded Thru Notary Public Uncierwr!te"s CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of is ORDER has 0-en s`�t by U. S. Mail to Mario A. Alvarez, 2912 44 St. S.W.,Naples, Florida 34116 this el day of �Akr ,2007. M. Jean Rawso,, sq. Florida Bar No. 750311 state 01 F t.URIUA Attorney for the Code Enforcement Board county of COLLIER 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 I HEREBY CEr TI FFY THAT this is a true and (239)263-8206 correct copy of a " fiI6:to Board Mintz d "t :3 ofWliat,COUnty NATIlf•SS my hca 4r' 6364.1 f dhy of •w ' E. BROCA( L I .d cOUTT$ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-29 Mario A. Alvarez DEPT NO. 2006080626 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mario A. Alvarez 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 2007-29 dated the 18th day of June, 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 22nd March 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][2][d][i] of Collier County Ordinance 2004-41; Florida Building Code 2004 Edition Sec: 105.1, and 105.7 and are described as conversion of lanai to extra living area without County permits. HEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$315.51 incurred in the prosecution of this case. 2) Abate all violations by obtaining a Collier County building or demolition permit and all required inspections and certificates of completion/occupancy within 90 days or a fine of$200.00 shall be imposed for each day violation remains 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. AL _. Re:p.n�1'�� (1,24.)—e -ro 2. Michelle Arnold, Dir or Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-29 vs. MARIO A.ALVAREZ, Respondent 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 June 18,2007,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 Mario A.Alvarez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2912 44th Street S.W.,Naples,Florida,Folio 36560240002,more particularly described as Lot 3,Block 280,GOLDEN GATE UNIT 8,Part 2,according to the Plat thereof recorded in Plat Book 9,Pages 107 through 112 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)(d)(i)and The Florida Building Code 2004 Edition,Sections 105.1 and 105.7 in the following particulars: Conversion of screen lanai to extra living without County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation that 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)(i) and The Florida Building Code 2004 Edition,Sections 105.1 and 105.7 be corrected in the following manner: 1. By obtaining a Collier County building or demolition permit and all required inspections and Certificates of Completion/Occupancy within 90 days(September 16,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 90 days (September 16,2007),then there will be a fine of$200 per day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$315.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 27th day of June,2007 and re-signed this er day of November,2007,at Collier County,Florida,nunc pro tunc. CODE ENFORCEMENT BOARD COLLIER COUN_TY,.J=Q 21DA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) N+) The foregoing instrument was acknowledged before me this Z day of 6,10Q ei b iY', 2007,by Kenneth Kelly,Vice 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. KRISTINE HOLTON l TA MY COMMISSION#DD 686595 NOTARY PUBLIC ,.. EXPIRES:June 18,201 t My commission expires: 7� Bonded Thro NMery PirbNo Underwriters Y CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mario A.Alvarez,2912 44 St. S.W.,Naples,Florida 34116 this 1N0 day of I\10 Je,WOe'2007. �� sirtl _ M.Jean Ii' son,Esq. Florida .ar No. 750311 State of FLORIDA -„ -Attorney for the Code Enforcement Board ;ounty Of COLLIER '"` ' 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 I HEREBY CERTIFY THAT this Is a tract a>r> (239)263-8206 correct copy of a aocu^IcPt on,file In Eioard Minutes ac: :::; °r - of Collier county 9ANSS my rais day of c DWIGHT E. BROCA, CLERK OF COURTS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Donald and Jo Coleman., Respondent(s) CEB No. 2007-30 DEPT No. 2002070369 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-30 DEPT CASE NO.2002070369 n, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Donald and Jo Coleman,Respondents NOTICE OF HEARING To: Donald and Jo Coleman 5000 Town Ctr.Apt 2401 Southfield,MI 48075-1171 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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 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. J//i /J :en•isa 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. 2007-30 vs. DEPT CASE NO.2002070369 Donald and Jo Coleman STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 04-41, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of section(s)9.04.06(A-H), 10.02.06(H and I) 2. Description of Violation: Pavers,fixtures,and unnaturally occurring vegetation west of the Coastal Construction Setback Line without required permits. 3. Location/address where violation exists: 109 Curacao Lane Bonita Springs,Florida 34134 4. Name and address of owner/person in charge of violation location: Donald and Jo Coleman 5. Date violation first observed: 6-19-2002 6. Date owner/person in charge given Notice of Violation: 8-30-2006 7. Date on/by which violation to be corrected: 9-28-2006 8. Date of re-inspection: 1-31-2007 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 22nd day of February,2007 • 0 (--I Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or . ■ 1 ed)and subscribed before this 22nd day of February,2007 by Susan O'Farrell. G.SERRANO (Si e o Notary Public) ritria:3:81-:AE:;41.Ef.o•r i. : a n issio -d My :� � ,2009 Personally known X or produced identification Bonded thru 1st State Insurance Type of identification produced REV 3-3-05 2. Case Number 2002070369 COLLIER COUNTY CODE ENFORCEMENT /( NOTICE OF VIOLATION hvser: DONALD COLEMAN TR,JO Date: 8/30/06 Investigator Susan O'Farrell Phone: 239-403-2488 O(PROPERTY OWNER) Zoning Dist Sec 6 Twp 48 Rng 25 Mailing: 5000 Town Or.Apt 2401 Southfield,MI 48075-1 171 Legal: Subdivision Block B Lot 13 Location: 109 Curacao Lane FL,34134 Folio 54751240000 OR Book 2667 Page 850 Unincorporated Collier County ORDER TO CORRECT VIOLATION(Sk NOTICE Pursuant to Collier County Code Enforcement Board (CEB) You are directed by this Notice to take the following corrective Ordinance No. 05-55 and 97-35, as amended, you are actions}: notified that a violation(s) of the following Collier County IMMEDIATELY remove all non-permitted unnaturally occurring items Ordinance(s) and or PUD Regulation(s) exists at the above- west of the Coastal Construction Setback Line. Including,but not limited described location. to: structures and fixtures both permanent and temporary in nature. Also, remove all non-native unnaturally occurring vegetation. Previously approved structures which have been damaged or destroyed, require a permit before being rebuilt or restored. Any, El Ord No. 04-41,as amended Section 3.04.02 and all such damaged structures, must be brought into compliance IX]Ord No. 04-41,as amended Section 9.04.06(A-H) by obtaining said permit(s)before reconstruction. IN ADDITION,one of the two options below must be completed. Ord No. 04-41,as amended Section 10.02.06(H) Ord No. 04-41,as amended Section 10.02.06(1) 1) Hire an Environmental Consultant to complete and submit a mitigation plan to restore the portion of the beach/dune that DESCRIPTION OF CONDITIONS CONSTITUTING THE has been disturbed according to Ordinance #05-55 as -"(IOLATION(S). amended, Section 10.02.06(E)(3). The Mitigation Plan shall be submitted to the Collier County Code Enforcement Department for review. Upon approval, replacement Did Witness: plantings shall be installed within 15 days. OBSERVED VARIOUS PAVERS FIXTURES, AND UNNATURALLY OCCURRING VEGETATION WEST OF THE COASTAL OR CONSTRUCTION SETBACK LINE AND WITHOUT REQUIRED 2) Apply for CCSL Variance for the structure(s) or alteration to PERMITS. ALSO AREA IS VOID OF NATIVE VEGETATION. THIS natural or native landscape. If CCSL Variance is not pursued IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT or otherwise denied,option #1 will need to commence within CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH 30 days of the pre-application meeting. CURRENT CODE. riSupplementalattached ON OR BEFORE: September 28 2006 nSupplemental attached Failure to correct violations may result in: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE 1) Mandatory notice to appear in court or issuance of a ENFORCEMENT INVESTIGATOR: Susan O'Farrell/Kevin Halesworth citation that may result in fines up to $500 and costs of 2800 N Horseshoe Dr.Naples,FL 34104 prosecution. OR (239) 403-2488 Fax (239)403-2343 2) Code Enforcement Board review that may result in fines up Investigator signature S 1 C to $250 per day per violation, as long as the violation remains, and costs of prosecution. VIOLATION STATUS: SERVED BY: El Personal Service ®Certified Mail OPosting of Property ['Fax ❑Mail Initial Recurring ❑Repeat Signature and Title of Recipient Print Dated this 30th day August 2006 of Nevi,.of Vinlotinn (lrimn.!fey ram (`......♦n De�.......ie..f !"nn•.f C:.e D..ra:..n !`......f 11FF.....1 n..-«.... n....A/ A _4. SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A ignature f item 4 if Restricted Delivery is desired. t -1 Agent • Print your name and address on the reverse �„/''�/'` `-,,e1:2>-❑Address so that we can return the card to you. -ecelved by(P ted Name) C. Date D livt • Attach this card to the back of the mailpiece, Y or on the front if space permits. Imo' _dgym `. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No :- II SJ PM 2: €, COLEMAN TR, JO 0 5000 TOWN CENTER APT 2401 SOUTHFIELD, MI 48075-1171 / 3, Service Type - Case Nbr — 2002070369 Certified Mall 0 Express Mail ❑Registered ❑Return Receipt for Merchandl ❑Insured Mall ❑C.O.D. 4: Restricted Delivery?(Extra Fee) ❑Yes 7006 0810 0004 7520 2567 AO (Lkt. PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 U.S. Postal ServiceTr., CERTIFIED MAIL., RECEIPT V) (Domestic Mail Only No Insurance Coverage Provided) ru For delivery information visit our website at www:usps:com;,, N OFFICIAL USE Postage $ Certified Fee p Return Receipt Fee ark (Endorsement Required) ere D Restricted Delivery Fee (Endorsement Required) ra Total Postag COLEMAN TR, JO 0 Sent To 5000 TOWN CENTER APT 2401 SOUTHFIELD, MI 48075-1171 N Street;Apt.Nc or PO Box No. Case Nbr — 2002070369 City,State,ZII PSForm.3800,: . .. . - structions,: � . APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land development Code and shall be subject to the penalties therein. c. Temporary permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the board of county commissioners via a public petition request. d. The County Manager or his designee shall accept without fee,temporary use permit applications for sports events, religious events, community events, or other similar • events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large, a specific group of individuals, or the bona fide nonprofit organization. Two such events per calendar year per organization are eligible for this exemption. H. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff.The appropriate fee as set by county resolution shall be submitted with permit application. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land,when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. LDC10:103 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 3. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: I. Setting up of any structures , prior to daily sea turtle monitoring, 2)failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation:Up to $1,000.00 fine. Second violation:$2,500.00 fine. Third or more violation:$5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation:Written notice of ordinance violation. Second violation:Up to $1,000.00 fine. Third violation:$2,500.00 fine. More than three violations:$5,000.00 fine. Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-, animal-,or engine-driven wheel,track or other vehicle or implement on,over or across any part of the sand dunes,hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof,or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as "the beach" within Collier County, Florida. b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions; permit.All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season,May 1 through October 31,of each year,all permits shall be subject to section 10.02.06 1.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall (. be exempt from the provisions of this division. LDC10:104 p( • COLLIER COUNTY LAND DEVELOPMENT CODE 9.04.05 j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges, and; I. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. m. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a function- ally dependent use provided that the criteria of(a)through (I)of this section are met. n. Generally,variances may be issued for new construction and substantial improve- ments to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a) through (I) have been fully considered. 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line A. The coastal construction setback line shall be that coastal construction setback line established by the DEP of the State of Florida pursuant to F.S.§ 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The BCC of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing.The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five(75)feet landward of the vegetation line whichever is greater;and that considering ground elevations in relation to historical storm and hurricane tides,predicted maximum wave uprush, beach and offshore ground contours,the vegetation line,erosion trends,the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. D. If in the immediate contiguous or adjacent area a "number of existing structures"have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. LDC9:14 7. VARIATIONS FROM CODE REQUIREMENTS 9.04.06 E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. F. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County GMP and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these beach nourishment permits. G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to i-� include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances.An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL(both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: i. For a property less than one acre in size,the sign shall measure at least one and one-half square feet in area. ii. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. LDC9:15 B. COLLIER COUNTY LAND DEVELOPMENT CODE 9,04.06 c. In the case of a sign located on a property less than one acre in size,such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property,then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s).The sign(s)shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach.Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street,however,in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners.The sign(s)shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance.The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. LDC9:16 ,Q, VARIATIONS FROM CODE REQUIREMENTS 9.04.07 H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 2. Any modification,maintenance,or repair,to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code,excluding additions or enclosure added, constructed,or installed below the first dwelling floor or lowest deck of the existing structure. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1—October 31) unless the structures are removed daily from the beach prior to 9:30 p.m.and are not moved onto,or placed on,the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring),or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring.Exemptions allowed under this provision are not intended to authorize any violation of F.S.§370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements A. Waiver of distance requirements. The BZA may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth in section 5.05.05. if it is demonstrated by the applicant and determined by the BZA that the site proposed for development of an automobile service station is separated from another automobile service station by natural or man-made boundaries, structures or other features which offset or limit the necessity for such minimum distance requirements.The BZA decision to waive part or all of the distance requirements shall be based upon the following factors: 1. Whether or not the nature and type of natural or manmade boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is determined by the board to lessen the impact of the proposed service station.Such boundary, structure or other feature may include, but not be limited to, lakes, marshes, nondevelopable wetlands, designated preserve areas, canals and a minimum of a four-lane arterial or collector right-of-way. 2. Whether or not the automobile service station is only engaged in the servicing of automobiles during regular, daytime business hours, or if in addition to or in lieu of servicing, the station sells food, gasoline and other convenience items during daytime, nighttime, or on a 24-hour basis. 3. Whether or not the service station is located within a shopping center primarily accessed by a driveway, or if it fronts on and is accessed directly from a platted road right-of-way. LDC9:17 h. ttt 2625171 OR: 2667 PG: 0850 tt3 nous U anICul UCOus et cILM COW, n 04/24/21H at 1f:S11r MIOR t. MCI, WU 11lC BI 4.11 I0C-.71 UTUN UU K 11 • 2111 ION OM 11511 • MUM U 41175 1116 OUT CLATLD D This Indenture made this /St day of FPbrttlr y ,2000, BETWEEN DONALD A. COLEMAN and JO COLEMAN,husband and wife,GRANTORS,whose address is 5000 Town Center, Apt.2401,Southfield,MI 48075-1171 and JO O.COLEMAN,Trustee of the JO O.COLEMAN REVOCABLE TRUST U/A/D JANUARY 27, 1998, GRANTEE, whose address is 5000 Town Center,Apt.2401,Southfield,MI 48075-1171. WITNESSETH: That said Grantors,for and in consideration of the sum of TEN AND 00/100($10.00)Dollars and other good and valuable considerations to said Grantors in hand paid by said Grantee, the receipt of whereof is hereby acknowledged, do hereby remise,release and quitclaim to the Grantee and Grantee's heirs and successors forever,the following described land located in the County of COLLIER, State of FLORIDA,to-wit: Lot 13, Block B, LELY BAREFOOT BEACH Unit 1.according to the plat thereof recorded in Plat Book 12, Pages 34 through 37, inclusiv *VI'.`i •rds of Collier County, Florida. Parcel Identification Number: s rr t e fi k• 40000 K V?'-ex" IN WITNESS WHEREOF, Grantors tfave n o se •.• ' t'. and s- is day and year first above written. WITNESSES: ` ► : ^itrrss glo. 1 1 D •a LEMA t34p..a.Y R 1 Name / 0,-IE CIRC\ itnets ,' JO COLE 'Senn;cer Suer Print Name STATE OF MICHIGAN ss. COUNTY OF OAKLAND The foregoing instrument was acknowledged before me this /at day of "le brLxi✓y, 2000, by DONALD A. COLEMAN and JO COLEMAN,who are personally known to me or who have each ph uced a drivers license as identification. � JVNIFUIPUR ";),1 Skiryhik &Ike 1st:IOW Corsi is M'am++a4+w 117434011 Notary Public, County, Michigan My Commission Expires: When Recorded Return To: Send Subseauent Tax Bills To Drafted By: Laura Redmond Mack, Esq. Grantee Laura Redmond Mack, Esq. Seyburn,Kahn,Ohm.Bess, Seyburn,Kahn,Ginn,Bess. Deitch and Serlin,P.C. Deitch and Serlin,P.C. 2000 Town Center,Ste. 1500 2000 Town Center.Ste. 1500 Southfield,MI 48075 Southfield,MI 48075 (248)353-7620 Grantee's Taxpayer I.D. No. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carmen Vasallo Respondent(s) CEB No. 2007-46 DEPT No. 2006110408 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-11 Deed 12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-46 DEPT CASE NO.2006110408 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Carmen Vasallo,Respondents NOTICE OF HEARING To: Carmen Vasallo 1013 New Market Road W. Immokalee,FL 34142 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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.2007-46 vs. DEPT CASE NO.2006110408 Carmen Vasallo,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 mare 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)and the Florida Building Code 2004 Edition, Section 111.1 2. Description of Violation:Non permitted partition walls,non permitted carport,unpermitted extension to shed with electric with possibile use as a living quatrter. 3. Location/address where violation exists: 1013 NewMarket Rd W Immokalee,FL / Folio# 63852560007 4. Name and address of owner/person in charge of violation location Carmen Vasallo / 1013 NewMarket Rd W 5. Date violation first observed:November 166,2006 6. Date owner/person in charge given Notice of Violation:November 16th,2006 7. Date on/by which violation to be corrected:December 171,2006 8. Date of re-inspection: Last re-inspection on February 761,2007 9. Results of Re-inspection:Violation remains/no attempt to correct 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 tigator STATE OF FLORIDA COUNTY OF COLLIER J Sworn to(or a d and subscribed before this �T' day of /7"---e_-.4 ,2007 by Thomas Keegan 53/(4,* '. 11-1, (Signature of Notary P lic) (Print/Type/Stamp Commissioned ^ Name of Notary Public) Personally known or produced identification Type of identification produced ,4:F14;',; Indira Rajah Commission#DD273349 REV 3-3-05 =T'• Expires:Dec 07,2007 -9 Oii∎iS' Bonded Thru Atlantic Bonding Co.,Inc. 2. Case Number 0,_.00 • jp ' COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements 0 NOTICE OF VIOLATION spondent (f i9S5.of/D� �� �� Date: )\ ltd O b Investigator: A 0 Phone: 23,5ao') Zoning Dist y 3 Sec 33 Twp ,--/(., Rngc, Mailing: I Q'3 1....1e4.0 ti... e Legal: Subdivision y es-- Block 10 Lot r Xrvl re!� ) d Location: J ti- qc," � rn Folio (03 5 a5(poop OR Book at Pa g e )Qa nn 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) /1 Section 105.7 Placement of Permit / Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(BX1) 0105.7 The building permit or copy shall be kept on the site of the work Bu"ding or land alteration permit and certificate of occupancy until the completion of the project di�"`y0.02.06(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 10.02.06 B 1 d Improvement of roe regulated by this code for which a permit is required,until released by the .�` ( )( )( ) p property rty 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 , /• © - • /�� S� requires a building permit under this land development code or other -Z7 4 f i" applicable county regulations. _ • • dr. • kl.02.06(B)(1)(dXi)In the event the improvement of property,construction of -I ; r y . �, + ' y type,repairs or remodeling of an type that ` '��"' ...wt ass o +I�,'■ '� g y typ requires a building permit has .,F- r been completed, all required inspection(s) and certificate(s) of occupancy �+ G y� �' O K P must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): illMust 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 / building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY (i / 77411400& 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 per violation, as long as the violation remains, and costs of 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit '.secution. (or other written site specific work authorization such as for excavation,tree � //- , removal, well construction, approved site development plan, filling, re- € A L. _ _d �_ r1' vegetation,etc.)shall have been issued prior to the commencement of work at '��on∎■ent's Signatures 7 Date the site. Activities prohibited prior to permit issuance shall include,but are f/L not limited to, excavation pile driving (excluding test piling), well drilling, • oI O formwork,placement of building materials,equipment or accessory structures Investigator's Si: :ture 44116 Date and disturbance or removal of protected species or habitat,etc. , Section 106.1.2 Certificate of Occupancy. 0_106.1-.2 Building occupancy.- A_new building shall not beo_ecupied_at_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.6.02.00 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; ss 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. 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, Florida, that: SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set fort . viii APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 iii. Flow paths shall be indicated throughout including final outfalls from the development and basins, existing water'elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. iv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District. v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. viii. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the 4 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 mainfain 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 .•-• - • • • sib uu- -■■-• • _• •• •■ _•• • •- - • •u entincluding .... any changes in land configuration and land preparation. LDC10:81 c. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 b. Development of regional impact. Where a proposed use or development is a I development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 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 buildin• or land a teration permits shall, in addition to containing the information required by the LDC10:82 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other , 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 R COLLIER COUNTY LAND DEVELOPMENT CODE n 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and _ 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. L 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 9 Florida Building Code 2004,Building Page 1 of 1 .1 Florida Building Code 2004, Building is r ;:. ill 3 � ....�!((di�_rli FLORIDA ft nl e[( V 1 BU[L _ N i j i tt COD f.. • �� ' ^�s??'�_:^�^�� ._---rte ter=----- „:014041, '";w1tArre:j'ii,F1-7‘6011, ;11=511 � , K — �I F , 1 _ 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. http://infosolutions.com/icce/gateway.dlUl?f=templates$fn=document-frame.htm$3.0 10/17/2006 /,r, SECTION 111 SERVICE UTILITIES Page 1 of 1 SECTION 111 SERVICE UTILITIES 111.1 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. http://infosolutions.com/icce/gateway.dl1/3/14?f=templates$fn=document-frame.htm$3.0... 10/17/2006 1/. This Instrument prepared by: Ott 2093638 OR: 2223 PG: 1060 t:t CARMEN A. VASALLO nconn to titian notes ai count coon, n II/31/1i at 13:11!!NICK I. NWR, am nc m i.N /'` NC-.11 .15 Quit-Claim Deed,/ Ae, 011111 IN Executed this /7 day of 10 11s 7 , j� y10 by RUFINO FAILDE, A SINGLE PERSON 913/nM sum e`ti �i� whose post office address is: /0/3 - �19e n33734 first party, to CARMEN A. VASALLO _/ whose post office address is: /0/3 1‘). 1✓e ld 179401,/ O' second party: �M,40,thibe, Fe 34//a2,-- (Wherever used herein the terms "first party" and "second party' shall incclude singular and plural, heirs, legal representatives,assins corporations,, whereveru the�contextesouadmitsrorarequire s.) of Witmesseth, That the said first party, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, pieces or parcel of land, situate, lying and being in the County of COLLIER, State of Florida, to wit: LOT 1, BLOCK 10, NEW r U ;4 ° ACCORDING TO THE PLAT THEREOF RECORDED IN PA'' '4 AND 105, OF THE PUBLIC RECORDS OF COLLIER A. Y To Haw and To H i - RECORDS ���_ i•� 11 an d singular the appurtenances • �anywise appertaining, and all the estate , lien, equity and claim whatsoever of aid first ither in law o r equity, to the only • behalf of the said second party forever. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. S , , sealed and delivered in presence of olr i OVi -/-. / , L.S. :S: FA E AI .4111111"elli4VVI 0106111! MB. ' ADDRESS! F I TRESS illtx,s AMMO PRINTED NAME OF WITNESS STATE OF FWR/A4 COUNTY OF 61:44/E0L The forerthng instrument was acknowledged before we this AM- day of �r1 (1/)Vt , J.996 by RUFINO FAILDE, who is personally known to me ( ) or did produce acceptable identification being in the form of =S8 n- nd official ae l in the County and State last _. � day ofus , A.D. 1996. . �� lif";I •���� = (Seal) ■ t P , .i • S wiors•" ■ liii //_ _ CoccrA ',e- .fit't 6 cc 6 2007- 4 �a J. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 unpermitted partition wall IMAGE DATE 2/7/2007 x , I. 02.'0712007 12 1+3 prr Collier County Printed on 6/18/2007 7:11:02 AM CD-Plus for Windows 95/98/NT Page 1 -Par 2 . CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 unpermitted carport IMAGE DATE 11/20/2006 AIT 'r- t• tt5 x v 1 16N': 015 1 31 ar Collier County Printed on 6/18/2007 7:09:53 AM CD-Plus for Windows 95/98/NT Page 1 --?6z e � . c«Gy2 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION eeeeeeeee8 sager ited storage area wiyh washer and dryer hookup IMAGE DATE 11/20/2006 j ��\ �6\ 1116ray)5 1029' Collier County Printed on 6/18/2007 7:09:26 AM CD-Plus for Windows 95/98/NT Page 1 a)e- CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 unpermitted partition wall that surronds a childrens playground IMAGE DATE 11/20/2006 1 1/1612006 10 29 zwr Collier County Printed on 6/18/2007 7:09:06 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 unpermitted partition walls in rear of property IMAGE DATE 11/20/2006 } A w t t6'.0Kh 10 Collier County Printed on 6/18/2007 7:08:42 AM CD-Plus for Windows 95/98/NT Page 1 -Pc:2.0(e 6 . CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 front view of garage with unpermitted extension IMAGE DATE 11/20/2006 • .. �.. . ; k 1,,IC/2006 10 14 am Collier County Printed on 6/18/2007 7:08:16 AM CD-Plus for Windows 95/98/NT Page 1 —i-)t21?1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006110408 permitted garage with illegal extension built on to it. IMAGE DATE 11/20/2006 IAJ7■\)1 t 1&`2006 10 12 Collier County Printed on 6/18/2007 7:06:48 AM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-46 vs. CARMEN VASALLO, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 Carmen Vasallo is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1013 New Market Rd. W., Immokalee, Florida, Folio 63852560007, more particularly described as Lot 1, Block 10,NEW MARKET SUBDIVISION,according to the Plat thereof recorded in Plat Book 1, Pages 104 and 105 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)and The Florida Building Code 2004 Edition, Section 111.1 in the following particulars: Non-permitted partition walls, non-permitted carport, non-permitted extension to shed with electric and possible use as a living quarter. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(I)(a), I0.02.06(B)(I)(d)and I0.02.06(B)(I)(d)(i)and The Florida Building Code 2004 Edition, Section I 1 1.1 be corrected in the following manner: 1. By submitting a complete application for all Collier County building permits within 14 days(July 2, 2007)and by pursuing the application process with due diligence until the permits are obtained. 2. Upon receipt of the permits,by requesting inspections and by obtaining a Certificate of Completion within 45 days of the time the permits are issued. 3. In the alternative,by obtaining a Collier County demolition permit within 14 days(July 2,2007). 4. If a Collier County demolition permit is obtained, by requesting all required inspections and by obtaining a Certificate of Completion within 14 days of the day the permit is obtained. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (July 2,2007), then there will be a fine of$100 per day for each day until the application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 45 days of the time the permits are issued,then there will be a fine of$200 per day for each day until the violation is abated. 7. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within 14 days(July 2, 2007),then there will be a fine of$100 per day for each day until the permit is obtained. 8. That if, in the alternative,the Respondent does not comply with paragraph 4 of the Order of the Board within 14 days of the day the permit is obtained,then there will be a fine of$200 per day for each day until the Certificate of Completion is issued. 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$296.05. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this -1 day of 7,,, ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ' f I Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -7 The foregoing instrument was acknowledged before me this, / day of 3 f 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. ,1:∎:ay c KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION#DO 686595 : ,•' c;■P!PES:JP.le,18,2011 My commission expires: tff,her`. ; am,'rs . ounty of COWER Q ;s I HEREBY r ,;s 10 r•t hl s'Ile..true and correct copy o; - At 60 71 i t Board Mir ?it to:11.q County :tay of • l-VV c DWI E. 6ROCK;, L RK OF COURTS • a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h. been s t by U. S. Mail to Carmen Vasallo, 1013 New Market Road W., Immokalee, Florida 34142 this�� daY of 2007. M. Jea aawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo Martinez,Respondent(s) CEB No. 2007-47 DEPT No. 2006120010 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-47 DEPT CASE NO.2006120010 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Alfredo Martinez,Respondents NOTICE OF HEARING To: Alfredo Martinez 2595 31st Avenue NE. Naples,FL 34120 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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. endisa 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.2007-47 vs. DEPT CASE NO.2006120010 Alfredo Martinez,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,Land Development Code, Sections: 10.02.06(B)(1) (a), 10.02.06(B)(1)(d), 10.02.06(b)(1)(d)(i) 2. Description of Violation: Two unpermitted structures on property. 3. Location/address where violation exists: 2595 31st Ave NE, Naples,FL 34120 / Folio#40234600003 4. Name and address of owner/person in charge of violation location: Alfredo Martinez /2595 31st Ave NE,Naples,FL 34120 5. Date violation first observed:November 22°1,2006 6. Date owner/person in charge given Notice of Violation:Notice of Violation served on December 11th,2006 7. Date on/by which violation to be corrected:February 16th,2007 8. Date of re-inspection: Last re-inspection performed on March 19,2007 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 19th.day of March,2007 Thomas K 4 an Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 19th day of March ,2007 by Thomas Keegan j�.r �r� igna,, e of Notary Pubh (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_ .or produced identification Type of identification produced NOTARY PUBLIC•STATE OF FLORIDA " K. A. Van Sickle • ,-, Commission#DD618488 REV 3-3-05 S Expires: NOV.. 29,2010 BONDED THRU ATLANTIC BONDL'G CO.,INC. 2. Case Numberp200(o COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION �� �� ^Respondent�I fle•T f 4 -Q-jQ Date: /a/fit// Investigator: Phone: 239 Zoning Dist e 24�s Sec /7 Twp /8. Rng cP8 Mailing:c r�'g.c 3 i d ' A Ue.„ iuF Legal: Subdivision 7(,f u, ,. Q Block L f Lot N� 1'e.s p FFL 3N k O Location: fqg /- tr„e_ NG Folio I/09 Lt& 00003 ORBooka3 Q Page 079 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 05.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, nstruct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. 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 NA iteration permit and certificate of occupancy until the completion of the project. A0.02.06(B)(f)(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 0.02.06(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: prior to the issuance of a building permit where the development proposed ))� ` 54e44-04t, requires a' building permit under this land development code or other 7ir/D !.t/L i�7T�F i �1• applicable county regulations. p n RP_R�'T ,Jr-0ee ett. 0�10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of II 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). AlMust 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 `Must request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, certificate of occupancy/completion. OR demolish described constitutes a hazard to safety or health, are considered unsafe buildings or improvements/structure and remove from property. service systems. All such unsafe buildings,structures or service systems are hereby declared illegal,etc ['Must effect, or cause, repair and/or rehabilitation of described unsafe 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 sre. Tph 1 i"�'h p d�1CJ"T property,the fence or enclosure required shall be in place at the time of final Violation(s)'mu" 4t be CORRECTED BY building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: - during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may' suit 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 e violation remains, and costs of 0104.1.35 Prohibited Activities prior to Permit Issuance. A building permit prosecution. (or other written site specific work authorization such as for excavation,tree \r_ q.removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at Respondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are r-_,_ J� /���1/� not limited to, excavation pile driving (excluding test piling), well drilling, ��C-�-�� formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date /"."' and disturbance or removal of protected species or habitat,etc. - Section 106.1.2 Certificate of Occupancy. - 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. O' (� 3• Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Revl2/14/05 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 WHEREAS,the Board has directed that the LDC be revised to update and simplify its format, and use;and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S., in a manner prescribed by law,did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC,including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS,all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii S 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. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 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 IC APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. 1. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation,grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and LDC10:83 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and _ 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. 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 8. *** 2269751 OR: 2380 PG: 2793 *** • UCOIDID 16 OTIICIAL UCOIDS of COLLI11 COI1Tt, IL 01/16/01 it O1:301 DIIGIT 1. 11OCI, CLIII 0015 10000.00 �\ This Document Prepared a)and Return to: COI Marketable Title i Escrow Services, Inc. U T11 C-.10 Sabrina Gomez 10.6.00 00 412 Southeast 23rd Street Sets: Ft. Lauderdale, Florida 111Imii TITLI 954.467.7840 111 $0570153? 2311) ST M LAODIIDALI 11 33316 Parcel ID Number: 40234 600003 t,l.r:t::al 6e: 264.69.3408 Special Warranty Deed This Indenture, htadc this 14th Jut of January . 1998 \;t Betµeen Creative Homes of Southwest Florida, Inc. , a corporation existing under the laws of the State of Florida ot the Counts ot Collier , - si,:. ,•I Florida .g,rautur. .o.J ALFREDO MARTINEZ, a married man allow..file,. ,.. 4030 Green Blvd. Apt. 12, Naples, FL 34116 td Me c.n,lm to Collier . lla1: .•t Florida .grantee. Witnesseth dal the I;K.\`.It 1k ha ald u1.,i salaah.rl.a U,:sum'a TEN DOLLARS ($10) Iu'II `k` WO ,the e,.d wd ■aluahk. ....I-d.•latual i, (.k.\ luk to 1140 paid I, 08:\'.II I U.: m:.:q■ t.h.l:,'t ,• h:.:in .,.60.....::0.-d La. putted. twinned and sold to tllc said&,k.\\II I and tilt S'S III 1 t,:x• •u...••.a• soli a••Ir'U• I.•10:1 Ui. ill.tsu,c J...111•.4 Ia.:J •loaf: lyntg nd tkmle ti,the l,mnit.,i Collier stet. .•1 Florida ,.•.t01 The East 180 feet of Tract 41 -- Gate Estates Unit No. 69, according to the plat the QQ $S Ql d in Plat Book 7, at Page 65, of the Public Recor• , tt''3• - , Florida Subject to: restrictions and easements co ' to the subdivision; taxes for the curre y-a - - d - - -..ent ea•s; applicable zoning laws, building code a d othe r res rict on- imposed by �\ governmental author, t - 1 i- , g-s and mineral interest of record. n ( H This Deed was prepa as a r = -s - i, i . to the fulfillment of Conditions containe. a Title Insu •cnc: C. • tment THE PROPERTY IS VA • '• L- D. ,k,..) . Together aids all Lawman, h.t:J,ounau• dui appurtaun.:• 01.10,. b:l..u;ua• u, „nttSn: .ph_Iraur To Have and to Hold, d.: ..uI1• .,1 t:: •1,11,,1: t,•,:t:, And the grand belch,. t,.tauuus Stith •ald giant:: dui real i Its lulls. •_::.J .•t .414 loss a, •uupl,. 11na1 ,..41.1,5 ..a gu,.d right and matt lot emit.ait. t, -oil Mid .,ancs sad land. 111t ;•,.mt., I1.1:1:. lulls .S artuu. 111: nu: 1.• ..u.l ImJ u:J t.... ' dchatd Sic ,euc agaunt the last Sul daun. .'t all po15,11•,lavuule ht tlu•.'u I: .•1 Lout., El a111■4 In Witness Whereof,UI' !manioc ha, Imo cull.. silt n• band and sod U. 1st .ail Soar line AKA_ r.nital Signed,sealed and delivered in uur presence: Creative Homes of Southwest Florida, I 1 -PaA.a..D a _ By: '' ' > cid -- - Printed Name: PAT r..C19'TFRTFII a io Valle, Vice-President Witne pu ...mt.-. Ilui I'R.'$Isla• 1.\rplrs,H.Aldo Printed Name: STEVEN R. AMSTER Witness 1('iirpuratc Seal) STATE OF Florida COUNTY OF Collier Ts. tie:game instrument ties ad.uo stic-dC.d hchrc n.!Ills• 14th Ja. ..1 January . 19 98 bt r Mario Valle, Vice-President of Creative Homes of Southwest Florida. Inc. , a FloridayyC/orporatio�n�,��oyn��b�/eyh�aalf orfvvtphe corporation ..Ia..pcTxnudlt'6n.,Nrl 4.Ii1v,11X1�yM ��•aii.EIMUZ4 ntatIZA/Yr6n a•IJ.911111.a1,.'a 1s.i' PAUL D.GOTTfRIED 1'lLa l) ' s.4 �ti i `I:,COMMi55I0N a CC 594807 Printed Name: I, _.3 .g. Ext s oT12tRu200D Notary Public • nr or art.AN TIC•ruernan CO..NV \I.C.rnuu•a.51 l!WIN, 97CH-HARTINEZ -.,..•..:.0...i ■c1,,,.:.•;.,m•,n.. .. -- ,.n,.t.;a, : q. x ;�r't G �`'� 207- �� Qe- 1. CDPR0002 — Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 unpermitted structure in rear of property IMAGE DATE 1/22/2007 I .. d , a , i I #� ` $eSMid��£ # . w s a e wfi^ "V ", � G .a :Y 4� r°'k w c: +As .an° + z s * am x<, "^ ``x 'w * 7 „ ,�, 1 � r' �"� r � .$°x �� 'r y r# "« '$ 4 ,y7 �t r'...':,,r .� 4r a,. - r x 1 & �x s r d{� 9 x, $ te � s o 'tom< k 4 a t "` , * , re „». =%w.S L r �h 77. „ ,d r fir-r r Iw a . a `- ^E" � ' d •rX E,A: B c , t r+ �1:� '� -ti Collier County Printed on 6/18/2007 6:59:13 AM CD-Plus for Windows 95/98/NT Page 1 v CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 inside of structure IMAGE DATE 1/22/2007 41111111111 s ` '#. r .r.,4; „, ;;,,,, ,:;,,,,,,-,.0. ,;,.....:, ,,,,,,..L;. . � r w . ..0 r i d Collier County Printed on 6/18/2007 6:59:52 AM CD-Plus for Windows 95/98/NT Page 1 -Rzle CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 concrete floor IMAGE DATE 1/22/2007 11: Ott��� �` • Pr 01!1&2007954gn Collier County Printed on 6/18/2007 7:01:00 AM Page 1 CD-Plus for Windows 95/98/NT --1Q1e (i. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 inside of structure with partition wall IMAGE DATE 1/22/2007 1,_m XX'' 9`.,a -. Collier County Printed on 6/18/2007 7:00:30 AM CD-Plus for Windows 95/98/NT Page 1 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 side of structure IMAGE DATE 1/22/2007 01!18120U7955am Collier County Printed on 6/18/2007 7:01:38 AM CD-Plus for Windows 95/98/NT Page 1 a CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 2nd unpermitted structure IMAGE DATE 1/22/2007 0111&20r_77956ai, Collier County Printed on 6/18/2007 7:02:03 AM CD-Plus for Windows 95/98/NT Page 1 d 7. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 side of unpermitted structure IMAGE DATE 1/22/2007 "tk' w tiff " ti" *a,H,,,L,•#3# 3 w 01!.1 812X7 9 57 am .; Collier County Printed on 6/18/2007 7:02:29 AM Page 1 CD-Plus for Windows 95/98/NT fey, eg. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006120010 inside ceiling IMAGE DATE 1/22/2007 ahlri Collier County Printed on 6/18/2007 7:02:53 AM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-47 vs. ALFREDO MARTINEZ, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 Alfredo Martinez 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 personal service. • 4. That the real property located at 2595 31g Avenue N.E.,Naples, Florida 34120, Folio 40234600003, more particularly described as The East 180 feet of Tract 41, GOLDEN GATE ESTATES UNIT No. 69, according to the Plat thereof recorded in Plat Book 7, Page 65 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)(I)(a), I0.02.06(B)(I)(d),and 10.02.06(B)(I)(d)(i) in the following particulars: Two non permitted structures on 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, sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(d)and 10.02.06(B)(1)(d)(i)be corrected in the following manner: I. By submitting complete applications for all Collier County Building Permits within 14 days(July 2.2007)and by pursuing the process with due diligence until the permits are obtained. 2. Upon receipt of permits, by requesting all inspections and obtaining a certificate of completion within 60 days of receipt of permits. 3. In the alternative, by obtaining a Collier County demolition permit within 14 days(July 2,2007). 4. By requesting all required inspections and by obtaining a certificate of completion within 7 days of the day the permit is obtained. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (July 2,2007),then there will be a fine of$100 per day for each day until the application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of receipt of permits, then there will be a fine of$200 per day for each day until the violation is abated. 7. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within 14 days(July 2, 2007)1, then there will be a fine of$100 per day for each day until the permit is obtained. 8. That if the Respondent does not comply with paragraph 4 of the Order of the Board within 7 days of obtaining the permit,then there will be a fine of$200 per day for each day until the Certificate of Completion is issued. 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$243.66. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,. / day of 1,, ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: . �C `�. Ik2,.. 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 tLn-e- 2007,by Sheri Barnett,Chair of the C� ofd Enforcement Board of Collier County, Florida,who is personally known to me or 1. who has produced a Florida Driver's License as identification. NOTARY PUBLIC „ION KRISTINEHOLTON My commission expires: MY COMMISSION#DD 68655:; i Y��o EXPIRES:June 18 2011 Is '.,y ' ' Bonded ThruNota P Notary Public Under.vci?r; .:.3"'.' 01 F l.l);:loA .;ou.7 y of COWER I HEREBY CERTIFY THAT thi3 Is a true and correct copy rt t.a 1t ;2 r on file in Board fv9tl� rte', ,� ; r:< l County nevi t(lis DWI T BROC S.1RX QF COURTS \-- t- .c, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of th�ORDE has been sent by U. S. Mail to Alfredo Martinez,2595 31 s'Avenue N.E.,Naples,FL 34120 this a1rdliy of ,2007. M.Jea awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo Martinez, Respondent(s) CEB No. 2007-48 DEPT No. 2006120231 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Inspection History 5-6 Copy of Applicable Ordinance 7-11 Deed 12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-48 vs. DEPT CASE NO.2006120231 Alfredo Martinez,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 Land Development Code as amended, Section 10.02.06(B)(1)(d)(i) 2. Description of Violation:Expired permits without the final certificate of completion. 3. Location/address where violation exists: 2595 31st Ave NE, Naples, FL 34120 / Folio# 4023460003 4. Name and address of owner/person in charge of violation location: Alfredo Martinez/ 2595 31st Ave NE,Naples,FL 34120 5. Date violation first observed:December 11th,2006 6. Date owner/person in charge given Notice of Violation:Notice of Violation served to Alfredo Martinez on December 11th,2006 7. Date on/by which violation to be corrected:February 15th,2007 8. Date of re-inspection: February 22nd,2007 9. Results of Re-inspection: Violation remains,no attempt to correct. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 20th.day of March, 2007 /11111111 ' Thomas Ke-g..4 Code Enforcement hive -ator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 20th day of March ,2007 by Thomas Keegan (Si...mature of Notary 'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) ,•� Personally known A't or produced identification Type of identification produced NOTARY PUBLIC-STATE QFFLORIDA ,,� Ii.®. Van Sickle Ct> nissfon#DD618481.' REV 3-3-05 : NOV. 29,2010 room THRUATLANTIC K)NDDIGCO,IN; Case Number- #1 ; COLLIER COUNTY CODE ENFORCEMENT 411111 id) Building Permits,Administrative Code&Other Permit Requirements ��p� n,, NOTICE OF VIOLATION Phone: 239 - i�\`dent ilAe�'tl ' e,c. Av- a Date: (a/II/0co Investigator: .��Qp.n Zoning Dist tt./' S / Sec r 9 Twp 98 Rng�� —a Legal: Subdivision �(,I (i(./Ytf(p q Block 4L/ Lot C l Bailing:��j��j �'��.� l ��r11�2. N G !� n fl �.e'S t r L `47 /.1e) Folio 3�(p QQo03 OR Booker 0 Page an�4 Location:�5�j� 3/S�" Ave- NE 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 Florida Building Code 2004 Edition cow exist 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 105.7 The building permit or copy shall be kept on the site of the work Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Ountil the completion of the project Building or land alteration permit and certificate of occupancy 0 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. 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 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 Oth Ordinauce/Na ve: 1 prior to the issuance of a building permit where the development proposed x ��� -�j (,� requires a building permit under this land development code or other r �- �� • applicable county regulations. , .2oisoolo7C,,At -_Azle)a to r 311 (e 1 ,, 0.02.06(BX1Xd)(1)In the event the improvement of property,construction of fr•e:204/Q /(0 0 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). Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described Collier County Code of Laws and Ordinances Section 22,Article II structure/improvements: OR remove said structure/improvements, 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, including materials from property and restore to a permitted state. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress,or which constitute a fire hazard,or are `Must request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, certificate of occupancy/completion. OR demolish described constitutes a hazard to safety or health, are considered unsafe buildings or improvements/structure and remove from property. service systems. All such unsafe buildings,structures or service systems are hereby declared illegal,etc ['Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy vi lation by means Hof permitted 0103.112 Physical Safety[pools]. Where pool construction commences prior demolition of same. yr- 157",9G to occupancy certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property.the Failure to correct violations may result in: fence or enclosure required shall be in place prior to filling of the pool unless l Mandatory notice to appear or issuance of a citation that may result in during the period commencing with filling of the pool and ending with ) fines up to notice and costs of prosecution. OR completion of the required fence or enclosure, temporary fencing or an 2) foes Enforcement costs review a ut ion. OR in fines up to 51000 per approved substitute shall be in place,etc. day per violation, as long as the violation remains, and costs of 0104.1.35 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- Respondent's ignature Date vegetation,etc.) ivi shall have been issued o prior to the commencement lu e,wurk at sPo ,//` r! /n��i D,n the site. Activities prohibited prior to permit issuance shall include,but are }.Ol o� u/ not limited to, excavation pile driving (excluding test piling), well drilling, Investigator's Signature D e formwork,placement of building materials,equipment or accessory structures g and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, Q etc. �/ o .: r„r,t,for flffirial Posting Rev12114/05 i 3. • ,•—••• ?,- '',,,.-',.,31.„."::q.'-71-i,,,:- ..::;i...•.,',7-.1'.;,;:l..1::.7. WV?:-.,Z,0_,:..,,:.: ':':..t:::„ +.::?..,=',.,..,•,;.-.ir:4t.,,,y1. .i,,Iiii.,..,4i,.,...;":"..f:.,;;;;;:,42-14,-,,.f.;',,,,i,:b. :•.i..;;;;.44...j.,..,.-i.,„,n,.. .,tvr,...;,;%.;,..,,..yr. 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'• :: jtiii botc.,-... la , ,::::...';::,......,......:.Properties 97090331 BR2 COED CREATIVE HOMES OF SOUTHWEST RA,INC. CBS SINGLE FAMIL' J'..• : - :-..; ...'....,:... l'.. 98030135 WELL COED GOLDEN GATE WELL DRILLING DOM WELL CC0333 9801309597 BR2 CANCEL CREATIVE HOMES OF SOUTHWEST RA,INC .. -,PesIiiitio,:•;1';'.'- S/F-CBS RESIDEN ...-.:.,...•,..--,,,,-., ■ 2000040762 BR2A CANCEL OFFICE&BEDROOI '.. 2001080314 BR2A INSPECT REAPP#20000407E 1. '7ifgr•-s-'• . —. ...2.-. . ' 2002042160 POOL INSPECT SLUSSER POOLS,INC. S/F POOL-ELECTF :....,.....!:;.:".. .. .7..,:-...-..;t: 21302101316 SCCG ISSUED AZTEC ALUMINUM,INC. POOL ENCLOSURE .,.4... ■.:.:. 010#04.14-r• ..: ... ..,.. . ... .- -•';..::..Iniptles,::,-.. . _. . ,... ......, ir:005.01101#1.;j :i.:F.:::.,i1:;...,'..,:.,,itl.,•-:':;i ..',..:::-..,'.':-',,- ]•,. '../.,-. :' -..' ,..2, . :',' ' = '.' '..' .. ! . ' . ' . ,..: 1 ,......,, ".. ....■ 4.._ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSPECTION HISTORY PRINT ''MIT NBR: 2002042160 JOB DESC:S/F POOL - ELECTRIC FROM 2001080314 STATUS:INSPECT JOB LOCATION: 2595 31ST AVE NE SUBDIVISION 761 / Golden Gate Estates Unit 69 BLOCK:41 LOT: 0 MASTER NBR: 2002042160 TRS: UNIT: TRACT: NONE TAZ: 198.1 WATER: SEWER: COA: N/A FLOOD ZONE: D OWNER NAME: MARTINEZ, ALFREDO JOB PHONE: (239) 825-2578 CERT NBR: 22856 DBA: SLUSSER POOLS, INC. JOB VALUE: $44, 000.00 CONTACT NAME:TODD CONTACT PHONE: (239) 825-2578 SETBACKS FRONT: REAR: 10.00 LEFT: 30.00 RIGHT: 30.00 SPECIAL: IMPORTANT DATES: EXTENDED APPLICATION APPROVAL ISSUED CO EXPIRATION CANCEL EXPIRATION 4/26/2002 4/26/2002 10/23/2002 DIRECTIONS: ADDTL INFO: MP 02-1868 INTERIOR BARRIERS = ALARM/EXT=SCREEN 1.5 HSP PWR PUMP Pool 2" main drain & 1.5" vent line. 5-22-02 REVISION TO ADD TIEBEAM & FOOTERS FOR SCREEN ENCL. SUBCONTRACTORS l� RT NBR SUB STATUS START DATE END DATE STATUS SUB CLASS DBA SUPPERMITS PERMIT NBR STATUS TYPE CERT NBR DBA JOB DESC 2002042160 INSPECT POOL 22856 SLUSSER POOLS, INC. S/F POOL - ELECTRIC FROM 2001080314 &N:alS FEE CODE STATUS DESCRIPTION WAIVE AMOUNT DUE ENTER DATE 08NGCC PENDING GEN. CONTR. CHANGE-NAPLES N 50.00 7/18/2002 08BPNP POSTED BLDG PERMITS - NAPLES N 100.00 4/26/2002 08MFSG POSTED MICROFILM SURCHARGE N 3.00 4/26/2002 06IMIS PENDING INSPECTION MISC. FEE N 40.00 5/21/2002 06IMIS PENDING INSPECTION MISC. FEE N 40.00 5/21/2002 08BREV PENDING PERMIT REVISION N 101.00 5/22/2002 REQ CLASS DESCRIPTION/REMARKS PRI REQ DATE RESULT CODE RES DATE INSPECTOR 099 ST NOTICE OF COMMENCEMENT 0 4/29/2002 90 4/29/2002 KERRIGAN_J 3026-2907 100 ST FOOTINGS 0 104 ST TIE BEAM 0 7/19/2002 90 7/19/2002 CHANCY_H ,,` ST COLUMNS 0 7/19/2002 90 7/19/2002 CHANCY_H 119 ST FILL CELLS 0 7/19/2002 90 7/19/2002 CHANCY_H 122 SS 10 DAY SPOT SURVEY 0 Collier County Board of County Commissioners Printed on: 4/9/2007 9:15:32AM CD-Plus for Windows 95/NT Page 1 of 2 CDPR2036 A- 200 PB PLUMBING ROUGH 0 4/29/2002 92 4/29/2002 KERRIGAN_J DRAINS 200 PB PLUMBING ROUGH 0 5/22/2002 90 5/22/2002 KERRIGAN_J /—■ time inspection 12: 00 PM $40.00 jt PB FINAL PLBG/VERIFY METER# WITH UNIT# 0 502 EL FINAL ELECTRICAL 0 700 PL POOL BONDING 0 4/29/2002 90 4/29/2002 LUEDTKE K 701 PL FINAL POOL 0 702 PL POOL DECK 0 5/22/2002 90 5/22/2002 CHANCY_H time inspection 12:00 PM $40.00 jt /-o :oilier County Board of County Commissioners Printed on: 4/9/2007 9:15:32AM 3D-Plus for Windows 95/NT CDPR2036 Page 2 of 2 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 WELLF1ELD 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 SESTANDARDS,C INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS; 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 Y BOARD HIISTORICAR HISTORIC/ARCHAEOLOGICAL 8.06.00 ENVIRONMENTAL ADVISORY 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 vli 7. NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC.10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS,SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES,AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY;SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS,the Board has directed that the LDC be revised to update and simplify its format,and use;and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S.,in a manner prescribed by law, did hold an advertised public hearing on May 6,2004, which was continued for a hearing on May 20, 2004, which was continued for a separately �-� advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC,including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS,all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 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 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 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and . 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. t. 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 /1 *** 2269751 OR: 2380 PG: 2793 tat • INCUBI in OFFICIAL AICOID4 of COLLIII MITT, FL 01/10/!1 at 01:30[1 DIIGIT I. HOCK, CIVIC roll 14060.01 This Document Prepared ay and Returns.: UC III 0.11 Marketable Title 0 Escrow Services, Inc. DOC-.ld 11.44 Sabrina Gomez !lt1: 412 Southeast 23rd Street liteITAILI TItU Ft. Lauderdale, Florida 412 IODTISA?I DID K 954.467.7840 !t LAIDIIDALI FL 33310 eared tD'ntnber. 40234 600003 tnant.t Fl I L. 264.69.3408 Special Warranty Deed ly9g 1i, Bather!'Indenture, Made this 14th Jut.d January Creative Homes of Southwest Florida, Inc. , a corporation existing under the laws of the State of Florida \tat: .•1 Florida grutltur. A0.1 of d.c.rmn .d Collier ALFREDO MARTINEZ, a married man w1a., ..1,Ite,. 4030 Green Blvd. Apt. $12, Naples, FL 34116 ,ta,. •a Florida .grware. td d1c emu)). .i Collier V4'itnesseth dat the(iK.1\Iiik bx and to.•xl.daatl.xl,x Eh:.um.d :kill 1R� TEN DOLLARS ($10) _ ••1 .,dxt rood .utJ ...w.hlr ,•..1.1Jn.Nr1 10 (,k.\.'.111K In haul Iw,J Lt OK 1•.11 I d1: 1:.:110 t.h.t.,.l r luuln ...1.,..•..:. ;.J 1:•• etmdud. bwgamcJ and ..•IJ 10 thy .ad LIR.1\I I I ud t 1K 1`•II I\ h:u. .u•`uL1N •d 1.1 Florida+-u 1 u1. I II.mm:.1..1"11 Ln.J •d.at:• I.utfm,J how anOwI 'am" x Collier Gate Estates Unit No. 69, The East 180 feet of Tract 41 .= .-d Gate Estates Plat Book 7, at Page according to the plat the Qe;- Florida Fla 65, of the Public Recor• -• 1- , frek Subject to: restrict' •ns and easementseco .oa<to applicable ivision: �� taxes building the curre Y-a• = d res rict'on, imposed by laws, building code a d othe 1-..- g-s and mineral interest governmental author• t ' of record. 1- -. to the fulfillment of This Deed was preps�• a a - s tment Conditions contain.. ; a Title Insu'.c4ncr C. THE PROPERTY IS VA - '• -- D. �Jo 1 C C.�1 Together tt1d1 .11 tv.lII' h:Y:J,uun.d.nuJ .ppurtaldl.r• the:4• Ivbxl:uu• .x u. •m..1•: al•1^1■u11u: To Have and to Hold. d•• .m1' tln t.: 0.1111: 1.1:+:1 I uu.: duet el s,d.r 1• 1...1u11% .., .J ..1 ....J WO a. ., .1L. 11.1 ,u.t•. t And d1c ht t ha l u•thotat - . wd g 1 glad nght and tawlul tud,.rm it dd ..rn.. wJ IanJ. dot da,• 1:1, tolls ttd,uln u,: uu: I.• .0.1 1.0■4 .:J . defend die 'AMC agilu,.t d,. IYwtul claun. .I •Il put 0.n. .I•neulg In da.mt•1:.x tud.. el auto' In Witness'Whereof,d,g e rank• ha.i Ycuut•. .41 n. Iwd .1,1 ..• u,. Jas. 4111 ,.d III AKA. t+ult:n Creative Homes of Southwest Signed,seated and delivered in our presence: Florida, I Valle,' �1%=- d -- Printed Name: • - 1' t . ! • a to Vice-Presiet I. 1JJ1.•. 11iu5('k ph It. I.Na 'a.F1 .t4tle Witne Printed Name- STEVEN R. AMSTER Witness (Corporate Seal) STATE OF Florida COUNTY OF Collier 1998 h. ��• The Eacgumg m•ttumau was aa.uov.lcde.:4 I..I.x:m. du. 14th d:.. .1 January Mario Valle, Vice-President of Creative Homes of Southwest Florida. Inc. , a Florida Corporation, on behalf of h�e� corporation• will.la p.rltrudh.I.n,•wn t..u..11Cr1LY167C> N .1 rr PAUL D.GOTTFRIED 'au 1) J. ••ei u,41. ,; �s. printed Name: -- ,.. �coµM1ss10N td CC 544807 Ex?u1ES OCT 20.2000 Notary Public 1'VAT. SO$ iDTHIIt! �"P"'0F O. ARAN f1'•n*ruN4.CO..INI \1.t,xntna--I n 1.pus. 97CH-MA1tTINEL "' "'• I` :t• w, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-48 vs. ALFREDO MARTINEZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007, 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 Alfredo Martinez 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 personal service. 4. That the real property located at 2595 31st Avenue N.E.,Naples, Florida 34120, Folio 40234600003,more particularly described as The East 180 feet of Tract 41,GOLDEN GATE ESTATES UNIT No.69,according to the Plat thereof recorded in Plat Book 7, Page 65 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 10.02.06(B)(1)(d)(i) in the following particulars: Expired permits without the final certificate of completion. 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 I0.02.06(B)(1)(d)(i)be corrected in the following manner: I. By re-applying for all expired permits within 14 days(July 2,2007)and pursuing the application process with due diligence until the permits are obtained. 2. Upon receipt of permits, by requesting inspections and obtaining certification of completion within 30 days of receipt of permits. 3. That if the Respondent does not comply with paragraph I of the Order of the Board within 14 days (July 2, 2007),then there will be a fine of$100 per day for each day until the applications are submitted. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 30 days of receipt of permits,then there will be a fine of$200 per day for each day until the permits are obtained. 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$235.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ) day of ,;. .. ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA �// , � BY: c(t. "'i'?t,u 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 d h ay of (._()E , 21)07, by Sheri Barnett, Chair of the Cod Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. ;;��ay.•. KRISTINEHOLTON NOTARY PUBLIC ' fa, MY COMMISSION#DD 686595 My commission expires: Vu. i •.:,�-.:; EXPIRES:June 18,2011 ,:%RPt' ` Bonded Thru Notary Public Undorw,IOrs -,'e of • L.().1:DA ;aunty of CCLL iER I HEREBY CEn : ; , ; •; (s a true and correct copy ck:1° ,‘r :.rre';;e in Board Miry t-:, Fr.i t " 0..ti1ilier County wiTN SS �f �_= :,.i,:l e.eal this c D bay c T; . C . OWIG E. BI A, LERK Of COURTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of t iORDE has been sent by U. S. Mail to Alfredo Martinez, 2595 31'Avenue N.E., Naples,FL 34120 this XrcZa'y of ,2007. 2 M.Jean wson, Esq. Florida' ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jose and Carmen Martinez, Respondent(s) CEB No. 2007-50 DEPT No. 2006090890 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-14 Deed 15 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-50 COLLIER COUNTY DEPT CASE NO.2006090890 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jose and Carmen Martinez,Respondents NOTICE OF HEARING To: Jose and Carmen Martinez 218 W.Main Street Immokalee,FL 34142 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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: If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fine for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected, the Board may, upon a finding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. / /•-■ Bendisa Marku• Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 /• COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-50 vs. DEPT CASE NO.2006090890 JOSE AND CARMEN MARTINEZ,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][2][a], 10.02.06[B][d][ix],Ord.,2004-58,The Property Maintenance Code, Sections, 16[2][j], 16[1][e], 16 [2][i]. 2. Description of Violation:Erection of signs without proper county permit(s)and failure to maintain front windows in a proper state of repair. 3. Location/address where violation exists:218 W. Main Street,Immokalee, (FOLIO 8161440008) 4. Name and address of owner/person in charge of violation location.Jose and Carmen Martinez,218 W.Main Street,Immokalee Fl,34142 5. Date violation first observed: September 21st,2006 6. Date owner/person in charge given Notice of Violation:February 23rd,2007 7. Date on/by which violation to be corrected:March 30th,2007 8. Date of re-inspection: April 6th,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 • • 'c hearing. Dated this. 18th Day of April,2007 7i c ell Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER opi (or affirm-• an s bscr.•ed before this 18th day of April ,2007 by fr. �� i- / .i ignature o Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known x)(or produced identification „ " , Linda C.Wolfe Type of identification produced `=o "Y.°•`etc Commission#DD273407 N• :oQ Expires:Dec 07,2007 rood F�°, Bonded Thru REV 3-3-05 Atlantic Bonding Co.,Inc. Case Number 20060 6 -- 00 (7 ) COLLIER COUNTY CODE ENFORCEMENT � � �. NOTICE OF VIOLATION //�� . ter: Date: 2//23/07 investigator KITCHELL T.SNOW Phone: 239-403-2493 JOSE&CARMEN MARTINEZ [PROPERTY OWNER] CARMEN MARTINEZ [BUSINESS OWNER] Zoning C-4 Sec 04 Twp 47 Rng 29 Dist Mailing: 218 W MAIN ST Legal: 1923 Block 3 Lot 20 IMMOKALEE FL 34142 Subdivision 1155 W.MAIN ST IMMOKALEE FL 33934 Location: 218W MAIN STREET Folio 81681440008 OR 2441 Page 797 Book Unincorporated Collier County NOTICE You are directed by this Notice to take the following corrective Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS 05-55 and 97-35, as amended, you are notified that a violation(s) of the FOR DESCRIBED SIGN(s)IF ATTAINABLE,OR REMOVE. following Collier County Ordinance(s)and or PUD Regulation(s)exists at ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY the above-described location. MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF AFTER THE FACT PERMITS. Ord No. 04-041, as amended Section 10.02.06[B[[2][a] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN Ord No. 04-041 ,as amended Section 10.02.06[B[[2][d] THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND /1. [ix]] DEVELOPMENT CODE. E No. 2004-58,as amended Section 16[2]D] ❑�..d No. as amended Section fSupplemental attached ❑Ord No. ,as amended Section DI Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: March 30th 2007 Failure to correct violations may result in: Did Witness: 1) Mandatory notice to appear in court or issuance of a citation that ON 9/21/06 1-WALL SIGN ZAPATERIA EL OASIS INSTALLED PRIOR may result in fines up to$500 and costs of prosecution. OR TO OBTAINING REQUIRED PERMITS, AND DOES NOT COMPLY 2) Code Enforcement Board review that may result in fines up to WITH THE PROVISIONS OF THE COLLIER COUNTY LAND $1000 per day per violation, as long as the violation remains, and DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE costs of prosecution. FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. )CED BY: rsonal Service ❑Certified Mail ❑Posting of Property RI Supplemental attached OFax ❑Mail ENCLOSED ORDINANCES Signat r e and T e of Reci INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE r O R 6 Be-r/ /4-- ENFORCEMENT KITCHELL T.SNOW Print INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,F 34104 Dated this 23RD day of FEBRUARY 2007 (239) 403-2493 Fax:(239)403-2343 Investigator signature )LIGATION STATUS: Initial ['Recurring ['Repeat ORDER TO CORRECT VIOLATION(S): .,--..-2---- w� Case Number 2006 56 COLLIER COUNTY CODE ENFORCEMENT -'�U Cg :°" �� Non-Residential Property Maintenance .ive NOTICE OF VIOLATION Owner: JOSE AND CARMEN MARTINEZ Date: 2/27/07 Investigator g KITCHELL SNOW Phone: 239-403-2493 Mailing: 218 W �STREET Zoning Dist C-4 Sec 04 Twp 47 Rag 29 Legal: Subdivision 1923 Block 3 IMMOKALEE,FL 34142 Lot 3 Location: 218 W MAIN STREET IMMOKALEE FL Folio Unincorporated Collier County 81681440008 OR Book 2441 Page 797 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- As ordered in the attached Property Maintenance described location. Inspection Report/Order to Correct violation requirements: Ordinance No. 2004-58, Section 16 • Must comply with all Collier C Subsections oun ty property ( ) maintenance requirements, and continually maintain non- 16(1)(a)0 16(1)(i)0 16(1)(n)(3)0 16(2)(g)0 residential structures, vacant buildings, vacant structures, 16(1)(b)0 16(1)0)0 16(1)(n)(4)0 16(2)(h)0 and vacant or unimproved lots to comply with said codes. 16(1)(c)0 16(1)(1)0 16(2)(a)❑ 16(2)(i)10 ®If owner occupied, must obtain: all Collier County 16(1)(e)❑ 16(1)(m)0 16(2)(c)0 16(2)0)0 required permits; related inspections; and final certificate 16(2)(c)0 16(2)(k)0 of completion �I ( )(n)0 16(2)(d)0 16(2)(1)❑ 1)(g)❑ 16(1)(n)(1)❑ 16(2)(e)❑ 16(2)(m)❑ ®� not owner occupied, must contact a general _,(1)(h)0 16(1)(n)(2)0 16(2)(e)0 16(2)(n)❑ contractor licensed in Collier County to obtain: all Collier County required permits; related inspections; and final DESCRIPTION OF CONDITIONS CONSTITUTING•FH H: certificate of completion. VIOLATION(S). 9/21/06 Did Witness: (Supplement attached Non-residential property maintenance, vacant building, vacant structure, and vacant or unimproved lot violations ON OR BEFORE: MARCH 30, 2007 at the above referenced address consisting of but not limited to the following: Failure to correct violations may result in: As outlined in the attached roe 1) Mandatory notice to appear or issuance of a citation property rty maintenance that may result in fines up to $500 and costs of inspection report dated 9/21/2006 prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. RISupplement attached ORDINANCES 2004-58 VED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Personal Service ❑Certified Mail OPosting of Property ENFORCEMENT INVESTIGATOR KITCAELL SNOW 2800 No.Horseshoe Dr.Naples,FL 34104 / OFaX OMail (239) 403-2493 Fax • 403-2343 Al ' tnv ator signature �� i► Signa a and tle of Recipient VIOLATION STATUS: �`��(X Q � de P - rint (/ Initial ]Recurring 0Repeat Dated this /� ,2007 �-d' day of b. 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 [orj 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. Illj and the growth management plan. 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 s-� for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. 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 7 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. P ® a,.!ca •nS�Of signs. � _ ilkoor person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 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. be displayed or affixed at the bottom of the sign' ace 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 9 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. J • 4 /* 3458�e, £ ACT 2001 1 11 ORDINANCE NO.2004-58 dg, {�fY`w,{ ORDINANCE ESTABLISHING A PROPERTY A reizoiC,� OF COLLIER COUNTY,FOR FLORID PROVIDING UNINCORPORATED ITTLE PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL • PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING --., • • FOR NUISANCES; PROVIDING STANDARDS FOR SECURING rD--o 0 BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r ' REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY T ; r''► 'T) THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING w r , FOR A NOTICE OF HEARING FOR REVOCATION OF °D t,. BOARDING RENEWAL CERTIFICATE; REPEALING o rn COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o; N 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL 2y CONSTRUCTION; PROVIDING FOR INCLUSION IN THE am — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and rte, WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 /1. 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL • " _< = STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: g4 {` Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. 0 Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 /2 • i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment: Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. I. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not Create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must he repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 �3. c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING I. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 • *** 2346354 OR: 2441 PG: 0797 **t • UCOUID tit ORICILL MOLDS of CO11I11 COEMMT, T1 07/15171 at 10:3111 DIIGUT 8, SlOC1, 01111 0018 110000.0a THIS INSTRUMENT PREPARED BY AND RETURN TO: Uc fil 1,10 SULU Ara DOC•.71 110.00 Climb TMs Services Corp. Veto: 7171 Coral Way G1118IS TITLI $111IC18 l,Sami,Florida 32166 7171 COWI Ili 1313 01111 11 33155 Property Appralws Pawl Idsrd alon(Folio)Nutter 81881440008 Oratless 881$: SPACE ABOVE THIS 1.14 rCR HECORO,NO DATk THIS WARRANTY DEED,node the 26th day d June,A.D.1998 by GALAXY PLAZA MANAGEMENT INC.,A DISSOLVED FLORIDA CORPORATION,barer,caned Me oranbr,b JOSE MARTINEZ,A MARRIED MAN,and CARMEN MARTINEZ, HIS WIFE whose post office address is 218 WEST MAIN STREET. IMMOKALEE, FLORIDA 34142.hereinafter called I s Grantees: Ise wow'uae0 Won Si.war'anon.'rid•a,.n4.•Include al dal porno*to dos instrument and Si.rrin.YW.,tr...lrab.w and amens a Si eviarr.an.der.lrors..r and mom a epp.l..on.) WITNESS E T H: That the Qanbr,br and in consideration d the sum d TEN AND OWIO0•S(8111.01))Dokars end otter vake6ie consbaatIona,receipt whereof Is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases, conveys and coNrns tato the grantee Y that certain land situate In COLLIER County,Star of Florida,viz: LOT 20,BLOCK 3,OF FRED WHIDDEN'S SUBDIVISION,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,PAGE 26 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Subject to easements,restrictions a r • • tlons of record and to taxes for the year 1998 and thereafter. $R Co T v A TOGETHER,wet ere re tandemnit s , • •,i,•or in anywise appraised . TO HAVE AND TO HOLD,so AND,Ma grarMx hereby comma web • •In lee simple:that the granbr Ins good right and bwhr ad/TM b sea 1 .+�Jlv 'f 'said land and will defend Ile some against IN bwlul derma d d• ,, , • .noes,except taxes accruing subsequent b December 31.19P7. IN WITNESS WHEREOF,er saes• ,�•4... '3 IN WITNESS WHEREOF,bs sad• , • �`and year stove aoe written. Sped,sealed and lid In the presence of Q. �. AXY PLAZA MANAGEMENT INC., A C11 SSOLVED FLORIDA CORPORATION • ' BY: .3• : } L.S. wax=H CARLOS PEREZ",PRESIDENT SI . AZA 218 WEST MAIN STREET,I MOICALEE,FLORIDA 34142 tI •Name Woollies - . LUCIA SANCHEZ Nina 52 Predict Name STATE OF FLORIDA COUNTY OF COLLIER Thu loregorg Insaun tit was acknovAsidged before me this 26th day d June,1996 by CARLOS PEREZ,PRESIDENT of GALAXY PLAZA MANAGEMENT INC.,A DISSOLVED FLORIDA CORPORATION on behalf d the corporation.He/she is personally know,brtsw has prnduced STATE DRIVERS LCp identincadon. ) SEAL _ ..,� LUCIA SANCHEZ •, Comm No CC 551154 LUCIA §ANC Z 11 Comm.Ex p. • • D Sept.7s Agcy. Prided Nobly Slpnelure My Carmvnbabn Express ,''`r'; •;•• Bonded thou PicAard Ins Agcy. Cali /5. BOARD OF COUNTY COMMISSIONERS Coltiier County, Florida Petitioner, Vs. CEB NO. 2007-50 DEPT NO. 2006090890 JOSE AND CARMEN MARTINEZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, (f-I d S t ./`1,1 << '( 2 , on behalf of himself or asLirepresentative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090890, CEB 2007-50, dated the 20th day of June, 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 June 20th, 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 ,and 2004-58 16[2][j].16[1][e] and 16[2][i] dealing with graffiti ,boarding of windows and illegal pole and wall signs. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$296.42 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain permit(s) for wall sign(s) within 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until permit(s) are obtained. All inspections and certificate of completion(co) must be completed within 60 days of permit issuance or a fine of$150.00 a day will be imposed until permit is coed. B. Remove any unauthorized, obsolete, non-complying or deteriorated signs, posters and graffiti from the building exterior with in 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until such signs are removed. 30 t� C. Remove boarding and obtain permits within kz(days of the'date of this hearing to install windows that shall be properly fitted within the frame and shall be weather tight, weather proof and maintained in a good state of repair or a fine of $250.00 a day will be imposed until permits are obtained. Installation and (co), by a licensed contractor, must be completed within 60 days of permit issuance or a fine of$250.00 a day will be imposed until such installation is completed and coed. D. Respondent must notify Code Enforcement Investigator,that the violation has been abated and request the Investigator to come out and perform a site inspection. ,Aespondent ache e Arnold, Director Code Enforcement Department REV 2/23/06 , • , -- , Iffr I A* I .*7... 8 , . :A • ° '44 .....1 . --i- 1‘,..) .. . ,r- ....11 (> IL / il . . S./ 0 - i ■ : k...) ' 06 - • , N t ......, , e Ftilt$ 4 * .04.4: .. . „4 , I •• ..- , • ' ...4 • .17,-.4 .,IPV .. . I r ' ' " X--. .:1:•7.INr. '. - A. -'''. t. ' 2-:- Li".• *',7„7- -7,.;-•, . - .:CI'• . '' '`,' . l•. .:t :--:,-• 1 ..•-4.h.;-'.. • :..• fi "1 - 0•., • .- `4.Z : 1. ,. 1 -•.: - ..;kr - - ■ -.Is_ •-' .....• C.' .„jr:-...:.,al . 1,. '• • *: .!' ,46.,e... ; - • .....,-- 1 ."' ... .'''1.'•.• w-:..1.,' i';'. ....- ..,. . I -ak ..,.. - - 1 --.':••• . - .-1, ' x--, ' -- .t.,or- -,.' -7,1• . , , ,4-. i . 1 -. ' i .'' .,... - ' -i.-4# - •- ' •• :c .7; . .... lot, ,;;;::.='`` ' , ,,,,*,„: 4...:.,...:ss,.- „:., ,,,,,,t- :111:::,..• ,[. ,y tc': ' '' r.,4,1.- , ' I il ,.....,,..... . , , . W J ® y�` ;^.yam 4 41.,,vr4}N 1 W N 8 - - ,= ¢ ir.. " ..,.... .._, .. ,,, .,, ,, ,,P lig S.. 14F f ildog Q ...... 4. a'P ; c� R , ,, . ,,,. e :,. ... , . i r M M I s ._ < k CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-50 vs. JOSE AND CARMEN MARTINEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,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 Jose and Carmen Martinez 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 personal service. 4. That the real property located at 218 W. Main Street, Immokalee, Florida,Folio 8161440008 more particularly described as Lot 20, Block 3,of Fred Whidden's Subdivision, according to the Plat thereof recorded in Plat Book 2, Page 26 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,sections 16(2)(j), 16 (1)(e),and I6(2)(i)in the following particulars: Erection of signs without property county permits and failure to maintain front windows in a proper state of repair. 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 I0.02.06(B)(2)(a)and 10.02.06(B)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code, sections 16(2)(j), 16(1)(e), and 16(2)(i)be corrected in the following manner: 1. By obtaining permits for wall signs within 14 days(July 2,2007). 2. By obtaining all inspections and certificate of completion within 60 days of the permit issuance. 3. By removing any unauthorized, obsolete, non-complying or deteriorated signs,posters and graffiti from the building exterior within 14 days(July 2,2007). 4. By removing boarding and by obtaining permits to install windows that shall be property fitted within the frame and shall be weather tight, weather proof and maintained in a good state of repair with 30 days(July 18, 2007). 5. By have a licensed contractor install the windows within 60 days of the permit issuance. 6. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days (July 2, 2007), then there will be a fine of$150 per day for each day until the permits are obtained. 7. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of permit issuance,then there will be a fine of$150 per day for each day until the permit is CO'd. 8. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 14 days (July 2,2007),then there will be a fine of$150 per day for each day until the signs are removed. 9. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 30 days (July 18,2007),then there will be a fine of$250 per day until permits are obtained. 10. That if the Respondents do not comply with paragraph 5 of the Order of the Board within 60 days of the permit issuance,then there will be a fine of$250 per day until such installation is completed and CO'd. 11. 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. 12. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$296.42. 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 f' day of . !,,r, ,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 this09( l day of J L -L 2007,by Sheri Barnett,Chair of the Cod -Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. egf., KRISTINE HOLTON i. r ;= MY COMMISSION)#u c 5 r EXPIRES:June 18,20 11 I Vitt- /YL)NdTA PUBLIC f F! "`wary Public Undenvmers 8 My commission expires: ;a'e of F!_Ui il1A ,s .ounty of CO1_ 1ER I HEREBY Cl T1FY THAT this is a true end orrect copyct ccr..w on s�z in oard P>,i;; '�, t' County �� t.;. t'+' +: uer `y' lS ray al this day of J '‘ ` OWICf1T� E. BROOK, E(K O $QURT$ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER as be nt by U. S. Mail to Jose and Carmen Martinez,218 W. Main Street, Immokalee, FL 34142 this ��' d y ofjiploo.._,2007. M. Jea awson,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. 2007-50 JOSE AND CARMEN MARTINEZ DEPT NO. 2006090890 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, (� 0 St �� —e on behalf tl as'representative for Respondent and entersin othis Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090890, CEB 2007-50, dated the 20th day of June, 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 June 20th, 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 ,and 2004-58 16[2][j].16[1][e] and 16[2][i] dealing with graffiti ,boarding of windows and illegal pole and wall signs. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$296.42 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain permit(s) for wall sign(s) within 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until permit(s) are obtained. All inspections and certificate of completion (co) must be completed within 60 days of permit issuance or a fine of$150.00 a day will be imposed until permit is coed. B. Remove any unauthorized, obsolete, non-complying or deteriorated signs, posters and graffiti from the building exterior with in 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until such signs are removed. 30 /0,9, C. Remove boarding and obtain permits within 44 days of the date of this hearing to install windows that shall be properly fitted within the frame and shall be weather tight, weather proof and maintained in a good state of repair or a fine of $250.00 a day will be imposed until permits are obtained. Installation and (co), by a licensed contractor, must be completed within 60 days of permit issuance or a fine of$250.00 a day will be imposed until such installation is completed and coed. D. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. , �' -( ,Est /Respondent Mic4Tie Arnold, Director Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rock Oil Company, Respondent(s) CEB No. 2007-51 DEPT No. 2005090608 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 �-. Notice of Violation 3-6 Copy of Applicable Ordinance 7-11 Deed 12-13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-51 COLLIER COUNTY DEPT CASE NO.2005090608 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Rock Oil Company R/A: CT Corporation System,Respondents NOTICE OF HEARING To: Rock Oil Company R/A:CT Corporation System, Respondents 1200 South Pine Island Road Plantation,FL 33324 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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 fmding that a violation did exist, impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a finding of a repeat violation, impose a fine for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. .�� :endisa Mar 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.2007-51 vs. DEPT CASE NO.2005090608 Rock Oil Company R/A: CT Corporation System,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, section 5.06.04(C)(8)(c) 2. Description of Violation: The prohibited existence of color accent banding on gasoline station canopy structureas well as the service station structure. 3. Location/address where violation exists: 4648 Tamiami Trail North Naples,Fl 4. Name and address of owner/person in charge of violation location: Rock Oil Company, 50 South Bemiston Avenue Saint Louis,MO 63105-3306 5. Date violation first observed: September 15th,2005 6. Date owner/person in charge given Notice of Violation: September 23`d,2005 and December 15t, 2006 7. Date on/by which violation to be corrected:October 9th,2005 and December 3 2006 8. Date of re-inspection: October 12th,2005 and January 12th,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 20th.day of March, 2007 .s Code Enforcement Investigator STATE OF FLORIDA VOTARY P COUNTY OF COLLIER NU AL-STATE uH lit tIDA Shirley M. Garcia commission#Drenos Sworn to(or affirmed)and subscribed before thissday of2007 by � jp :mires DEC. 21,2009 S � 4t?f8o0 aAlnt gariC ., gnato gm Ins• tary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 ' Paz 6f ;-,,d' Case Number.2005090608 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION er: C T Corporation System Date: 12/06/06 Investigator Azure Sorrels Phone: 239-403-2455 R/A for Rock Oil Company "[Property Owner] Site Gas Station [Business] Zoning Sec 15 Twp 49 Rng 25 Dist Mailing: 1200 South Pine Island Road Legal: Block 1 Lot 16-18 Plantation, Fl 33324 Subdivision Location: 4648 Tamiami Trail North Folio 63400200007 OR 1299 Page 880 Naples,FL 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. Remove red and blue accent striping from fascia and repaint the fascia a soft earth tone or pastel color. Ord No. 04-41,as amended Section 5.06.04(C)(4)(8)(c flSuaplemental attached DOrd No. Section ❑Ord No. Section DOrd No. Section ON OR BEFORE: December 31`t 2006 DOrd No. Section Failure to correct violations may result in: clAkd No Section 1) Mandatory notice to appear in court or issuance of a citation that DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) 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 Investigator AS#82 $1000 per day per violation,as long as the violation remains,and On 10/02/06 costs of prosecution. The fascia of building is painted yellow and has red and blue accent striping on it.This is contrary to Collier County Land Development Code. SERVED BY: ❑Personal Service Certified Mail ❑Posting of Property ❑Fax :Nail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT Azure Sorrels INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34104 Signature and Title of Recipient (239) 403-2455 Fax:(239)403-2343 Investigator signature ,y- Print Dated this 6th Day of December 2006 VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat . . .. .. ,. - . ■ ...... 2 ■ U 0 N It. m r o CA c4 o Sin -0 S. 0 . w g m c .,, cc 0 O m . :E.. Q0❑ r s Z , m ► ► ' +t Z O m b 9 A m• , -,., p S v ° t.ew 4 z • 1 - v'. .- S 'a U) 4 15 :� N 0 ii m I'_.' D m Oil - fL C m .11 a Y N 1 • a im W 6 tjl Y s�(-) a e p a u 1$� c 0 rq 19,1';_ U p.• MP �cm N m N so ab m 7 a '.1 N(..0 - `�O0 2 E� m'0E ,zQZ rn c omip V�rTc ✓ � rOn I`' . N • C.4,' • .4 rr�� 00 3W o fi s'''. Z S'a.t l G,r+ c•I N_ .0m.0 a L.0 m \ O �Z Z n' m'm-y m v U o "' /-1 w 0+° r s lN a O N o U Z G e :0 ' r m m� HV` W �� O off Z mN VWo e %° o' oN V L in ca v V O _p = mmm \ $1V 4P4 O 3 ....0 ro {a " m aT L 6 - O• S $ - C O- O Z 0 y • _ W g i N t• • h. Case Number 2005090608 COLLIER COUNTY CODE ENFORCEMENT n NOTICE OF VIOLATION Owner: CT CORPORATION SYSTEM AS R/A FOR Date: 9/16/05 Investigator TRAVIS SNODERLY Phone: 239.403.2455 ROCK OIL CO(PROPERTY OWNER) 1200 S PINE ISLAND RD PLANTATION,FL 33324 Zoning Dist COMMERCIAL Sec 15 Twp 49 Rng 25 Mailing: CHRISTOPHER KEMPF,COO—ROCK OIL Legal: Subdivision 1288 Block 1 Lot 16-18 50 S BEMISTON AVE ST LOUIS,MO 63105 CLAY BROOKER,ATTORNEY AT LAW CHEFFY,PASSIDOMO,WILSON&JOHNSON • 821 5Th AVE S NAPLES,FL'34102 • Location: 46128 4648 TAMIAMI TRAIL N Folio 63400200007 OR Book 1299 Page. 880 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 92-80 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 action(s) " r:=: following Collier County Ordinance(s)and or PUD Regulation(s)exists at OBTAIN SIGN PERMIT(S)AND/OR ELECTRICAL PERMIT(SIAND/OR INSPECTION,IF` the above-described location. ATTAINABLE,OR REMOVE SIGN(S). SHOULD A PERMIT BE OBTAINED FOR Ord No. 04-41,as amended Section 5.06.04(C)(8Nc).banding EXISTING SIGN(S), ALL REQUIRED INSPECTION(S) AND CO(S) MUST "Ord No. 04-41,as amended Section 5.06.04(CX8)(d)-ground sign BE OBTAINED WITHIN 60 DAYS.AFTER THE ISSUANCE OF PERMIT(S). . j Ord No. 04-41,as amended" • Section 5.06.04(C)(8Xe)-pump topper . REMOVE WINDOW SIGNS IN EXCESS-OF 25% OF WINDOW AREA. REPAINT.. _. ®Ord No. 04-41,as amended 'Section 5.06.05(M)-25%occlusion .CANOPY IN ACCORDANCE WITH THE AFFOREMENTIONED SECTION OF COLLIER ®Ord No. 04-41,as amended . • Section- 10.02.06(B)(2)-permit req COUNTY ORDINANCE 04-41 AND PERMIT CANOPY FASCIA. REMOVE ALL PUMP Ord No. 04-41,as amended . . • Section 10.07.00(A)(1)-enforcement TOPPERS. CEASE ALL FUTURE PLACEMENT OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). (Supplemental attached' Did Witness: ON 09-15-05,'SITE' POLE SIGN, 'SITE/FOOD MART/BEER/WINE'AND'SITE/FOOD MART' WALL SIGNS ALL WITHOUT VALID PERMITS. YELLOW AND RED ACCENT ON OR BEFORE OCTOBER 9 2005 BANDING/STRIPING ON CANOPY STRUCTURE. CANOPY FASCIA WITHOUT VALID BUILDING PERMIT, PROHIBITED PUMP TOPPER SIGNAGE, AND WINDOW SIGNAGE IN Failure to correct violations may result in: EXCESS OF 25%OF WINDOW AREA.THIS IS CONTRARY TO THE COLLIER COUNTY LAND 1) Mandatory notice to appear in court or issuance of a citation that may DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. result in fines up to$500 and costs of prosecution. OR PREVIOUS AGREEMENT BETWEEN ROCK OIL AND COLLIER COUNTY HAS NOT RESULTED IN 2) Code Enforcement Board review that may result in fines up to$250 per COMPLIANCE. (SEE ATTACHED AGREEMENT) day per violation, as long as the violation remains, and costs of Supplemental attached prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CO I ['Personal Service ❑Certified Mail ❑Posting of Property ENFORCEMENT INVESTIGATOR: S SNODERLY 2800 N Horseshoe Dr.Naples,FL 34104 ElFax ❑Mall (239) 403-2455 x:(239)403.2343 Investigator signature 1),44210 (5P1- MArr- J C-f� Signature and Title of Recipient '^10LATION STATUS: Print Dated this 10111 day of September ,2005 ®Initial ❑Recurring ['Repeat • cow A - I - l �J r - §❑❑ _ ■ ■fir= Y El , 0 m ■ ■ ❑ ;■ LO w ` yg98 $ fl b, otiti ^ � �. ` — . c '1. af`, C)/"`. o w I ,...,14'0-›E � z ` 1 zcv - 0 o z s � u o o O z o i s0 v 44, 1,, .8' N 4T„t,. ., . A 1 i ! 1 Ir t '.7''Z in W ,, ,, ❑❑ N 8 o co a = 6 = o❑J11 N § N v d �C m d .. r> v N E o d k ao d oi , N ¢ p 0 cm cE c3 0 m g § FC E • m 0 m E 0 > o a 8 m > —c, o pZ. m as 0 a L° ! rq g O m 'oE v, 1-1 o o� mo' E O �.m co U'_L >. fU I O m W mac.+ in W WO �+rw O w- N S fA .p O �.yM Ol l Y € -[� J 0 001 ,. (n cd Z+ FF�I g ti -0 z 'a 0. FEi v) ra 1� o ti �,Z� m-° W � Ix>W 8 W L U X 1- N � E.. ltl 0 N G� 2 w ._ wy oaw :- gm w � ii aHw ,� S jazz I v E w .. wow I m m OHO a gG7m D x m il� c HUaN A ' O .-gWC Qr M OUE-4H .Q 4 "- T p _ cr m c�w $ 4 OrzH� N Z CO rE . p m V Ha ° a N o''o 0 E~ C. 0 p�cova ro m € w "5.*? >. m xOOEa ro m M c o: av -� a v Ec� o ouoEn o € IA cn • •■ •■ ( N a u) • • • ci a • 7" 5.06.00 SIGNS Page 1 of 5 5.06.04 Sign Standards for Specific Situations A. Real estate signs: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign with a maximum area of twelve square feet in size per streetfrontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign with a maximum 32 square feet in size, per streetfrontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum of 64 square feet in size, per streetfrontage for each parcel or lot in excess of ten acres in size. A building permit is required. 4. Real estate signs shall not be located closer than ten feet from any property line. In the case of undevelopedparcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel one to ten acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: http://library1.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; 3/21/2007 5.06.00 SIGNS Page 2 of 5 1. Pole or ground signs. Single-occupancyparcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along anarterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancyparcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double-sided but cannot be placed in r-� a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; 3/21/2007 Q 5.06.00 SIGNS Page 3 of 5 f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 2. Outparcels. In addition to the above requirements, signs for outparcels, o-� regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; 3/21/2007 a 5.06.00 SIGNS Page 4 of 5 shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancyparcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. http://library1.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; 3/21/2007 /,e, 5.06.00 SIGNS Page 5 of 5 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under- canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. fr8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise,accent lighting , back lighting and accent striping are prohibited on canopy structures. A. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. http://library1.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; 3/21/2007 /1 r ^tx eiiiiiissi .. 4 -Consideration: 2 3 3 2 5 238000 1981 OCT -2 MI 9 35 COLLIER COUNTY RECORDED R[C This Warranty Deed Made and executed the day of A.D. 19 by PRM b Bruno S. Czaja and Dessa Czaja, A Single Man and A Single Women, DOCI, b Margaret P. Baker, A Single Women, I _ IV hereinafter called the grantor,to t� '� !ND— =I go Rock Oil Company t= whose post office address is So S-...i■ (15Lrh i':tN R hereinafter call the grantee: $'t• l.ov•s r1. (a3105 Witnesseth: That the grantor, for and in consideration of the sum of$$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 inC011 i er County,Florida,viz Lots 16, 17 and 18, Block 1, Naples Twin Lakes,according to the Plat thereof as recorded in Plat Book 4, at pages 35 and 36,of the Public Records of Collier County Florida. -p qP--. . .'c 3-1..+�. n •Duct mt tary Stamp Tax m �d C(;..c. 4-.171,,:.:-:0 •- I2.—__Persrm:.t..c;..:;t.�Tax C*.!.I,- tilvr cuiel;or c;OUIiTS Ut:','— D.0 G Together with all the ne . ments : d app rte :nces thereto belonging or in anywise appertaining. /......., • = To Have and to •ol.r e qAnd the grantor hereb co it d,rTli� 't gr. to is lawfully seized of said land in fee simple;that the grantor has�. a • r 1F''orit_ . e 1t' convey said land;that the grantor hereby fully warrants the titl:rii, aid land and will de d th s: .='?:inst the lawful claims of all persons whomsoever, and that said : • free from all e ..&t.:• "e cept, taxes accruing subsequent to December 31,19 86. Also s�b ct to Basemen fictions and reservations of recor. 0,, \S q 41E CW- CC In Witness Whereof, the said grantor(a) has(have)signed and sealed these presents fhe day and year first above written. WITNESS: ("� ,' qtt i '�+ witnes - •'•Br 'ti•$•:•Czaja /1 / ... . ... .. ...: � witness:' l sa•Ciaja A STATE OF FLORIDA l D1art�aret P. 1\\. COUNTY OF )7 E N•.% A. The foregoing instrument was acknowledged before me this 7-9 `''- y. - 19f 1 <■0r by : I . • . : r- • zaja, ' 1ng e an an. , 7-7 -• ,...- c e ��''o /`btary Public NghO.11.n`0`,A /ate, y JZg/q, This Instrument prepared by and return to: First American Title Of Collier Inc. / 3061 Terrace Avenue �\ Naples,Florida 33942 Prepared Pursuant To Title Insurance By: steve smith File 11547/F/91 '} � -- .n._., • /2 •04 q't 'y a r r r - _ _ *GYM'�s...e.:�"i>'`.& j`'� vhrc, 001299 000881 OR BOOK • PAGE w7Es jz.Z.er Mgar P. Baker dmvitet • "0 Sun:.to.and subscribed before me this as,"-L day of �j' ,,, 19 g7 w� r (� • 12 e - NOTARY PUBLIC C lMISSION EXPIRATION: j. 9f/ :is'a =epa d by: First American Title Ccnpany of Florida Inc. •3061 Terrace Avenue Naples, FL 33942 813-775-3911 File No. 8547/E191 • /"."'"N 0 p V tiR CpCT • -41E ;:j5 µ it:0"4 DP. • r4. 4g-on. • • S'a Oct-19-2004 09:4Tam From-Collier County Attorney +7740225 T-336 P.003/007 F-292 6(1,,A . { CE/v 2 00 7 - 51 Co., ot. I rOn1 K SETTLEMENT AND TOLLING AGREE/VIENT WITH THE ROCK OIL COMPANY THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement")is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as the County"), a political subdivision of the State of Florida and ROCK OIL COMPANY,a Missouri Corporation, (hereinafter referred to as"Rock Oil"). . -WITNESSETH: _ WHEREAS,Rock Oil has filed a Complaint against Collier County in the United States District Court for the Middle District of Florida in Case No. 2:03-CV- 65-FTM- 29DNF, alleging that Collier County violated its Constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution and the Florida Constitution; and WHEREAS,the matter has been set for trial;and WHEREAS, Rock Oil and the County, desire to settle the disputes in Case No. 2:03-CV- 65-FTM-29DNF and any and all disputes or claims that arise from, relate or refer in any way,whether directly or indirectly,to Rock Oil's Complaint; and WHEREAS, Rock Oil and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives,insurers, spouses,successors,assigns,heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound Rock Oil and the County agree as follows: Oct-19-2004 09:4Tam From-Collier County Attorney +7740225 T-336 P.004/007 F-292 1 6 K 5 Rock Oil and the Co Y ado t and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement In an attempt to resolve all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the above-referenced Case;and in consideration of the promises contained herein,the parties agree as follows: 1. Rock Oil shall begin the process to administratively pursue a variance of the provisions of the Sign Code for its business establishment in Collier County within thirty(30)days of approval of this agreement by the Collier county Board of County Commissioners. 2. Collier County agrees to toll the applicable Statute of Limitations for a period of no longer than twelve(12)months, from January 8,2004 to January 8,2005, or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County,which ever event occurs first. 3. Rock Oil agrees to dismiss the aforementioned Case without prejudice within thirty(30)days of approval of this agreement by the Collier County Board of County Commissioners. 0 4. Collier County agrees not to pursue enforcement activity for a period of no longer than twelve(12)months,from January 8,2004 to January 8,2005,or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County, which ever event occurs first,as to the following alleged violations: (a). The Pole sign predates January 1991. Also, it was altered in approximately 1999 to include a reference to the Touchless Car Wash To comply with LDC section 2.5.5.2.5.5., a sign permit must be obtained,and the free-standing sign must be lowered ro 8 feet above centerline grade,reduced to 60 square feet in size,must incorporate a 200 square foot landscape area at the base of the sign,and must display the sign permit number. As it exists now,the sign is an illegal,non-conforming sign. 2 Oct-19-2004 09:48am From—Collier County Attorney +7740225 T-336 P.005/007 F-292 1 e3. 1 4 K - (b). Canopy accent striping and the primary yellow color are prohibited by LDC sec 'ons 2.5.5.2.5.5.(2)and 2.6.28.1417). The canopy must be of a single soft earth tone or pastel color. Corporate logos of 12 square feet can be permitted for the two faces of the canopy with street frontages,if desired. (c). Pump signs(aka toppers), logos,advertising,and information are prohibited above pumps by LDC section 2.5.5.2.5.5.(4),and must be removed. 5. Rock Oil agrees to apply for and submit all necessary documents for a permit for the"Touchless Car Wash"sign within thirty (30)days of approval of this agreement by the Collier County Board of County Commissioners_ 6. Rock Oil agrees to apply for and submit all necessary documents for a permit for the Wall signs facing both Tamiami Trail North and Granada within thirty(30)days of approval of this agreement by the Collier County Board of County Commissioners. 7. Rock Oil agrees to comply with requirements for window signage(non-reflective, non-illuminated,and non-electrical)and reduce them to no more than 25 % for each window area within ninety (90)days of approval of this agreement by the Collier County Board of County Commissioners. 8. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Rock Oil and the County, agree to be bound by the terms of this agreement and on behalf of themselves,as well as on behalf of their attorneys,agents,representatives,and assigns. . 9. Rock Oil and the County acknowledge and agree that this Agreement is intended to and shall be binning upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,spouses,heirs and affiliates. 3 Oct-19-2004 09:48am From-Collier County Attorney +7740225 T-336 P.006/007 F-292 TO-fe l6K5 5 10. Rock Oil and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 11. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 12. In the event of an alleged breach of this Agreement the sole venue for any resulting action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples,Florida. 13. This Agreement shall be governed by the laws of the State of Florida. 14. In the event Rock Oil refiles its Iaw suit against the County,the parties Agree that mediation shall not be necessary. IN WITNESS WHEREOF, Rock Oil and the County have signed and sealed this Agreement as set forth below: ROCK OIL COMPANY: Witnesses: {Siguatur C f{/Ei 5' rWeit KE/11 / l CLAY e. 6RoOKe:R (Print) (Sign ) Maekdke Eelv.tard& A»m]ai (Print) 4 Oct-19-1004 09:48am From-Collier County Attorney +7740225 5 T-336 P.007/007 F-292 alle . 161( 5 THIS SETTLEMENT AGREEMENT BETWEEN ROCK OIL COMPANY AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by ChnsiTher_1emph.,before me,this Rth day of apuC ry ,? &Ox� ClatkehcZa041, ___ Personally Known l S �re of N it or 1 rCAMkasSiONr ccs03 EXPIES Produced Identification ✓ Commissioned Name of Notary Public T�` Uf t �c t L4c.rt " tary Type of Identification Proc1nrPd (Please print,type or stamp) My Commission expires: COLLIER COUNTY: Al LEST: DWIGHT E.BROCK,Clerk of BOARD OF COUNTY Courts of Collier County,Florida COMMISSIONERS OF COLLIER M01.,,;, COUNTY,FLORIDA By: 'r. ; ; , D 4. . By;______________- • ,, ID�p y' rk;• ;�' t ; . t0 Claimer* DONNA F ,Chairman D��-__ :� 91�1H� Oqlr• Tate: ;•. ...--'..C.•:4::: - '',, .i;;•-• '�'1,, .1 •cast ' Approved as to form and legal sufficiency: ?quell=Hubbard-Robinson ssistant County Attorney /� k:MTV Summer House settfementagreemenr&release `T^' " t �� s plc . otak: L 25x-0 ... , ,O.L. C . 2QQ7- 6/ 1 . CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION IMAGE DATE ;' , �Y..:. i"kyr i"^4 .t ,fit >ydzw 2 • ` ti e z ?:,*s ? „'"1 t i .r ., x < !i n`��3 ,�. ita' '' � .3 "i "�y "t 3•.: ` a`.� �- x;. £� ; b $`"o-' , ��"^'t k H� sa e± s�,zw vx% �, s¢ Wx v* 1' ��,rw"%, +, *- Y •Y = Jt > ++iilArlll�.. wife"- . Collier County Printed on 11/27/2006 12:50:52 PM Page 1 CD-Plus for Windows 95/98/NT i'ole z . Ptus A S on e o , ;:. `.-* —S B 01 CD 1E. - P� ray l Addres�g/Properly Code Enforcement Permitting 1 Dev.Review 1 Cash Management 1 D—Pi � i Address Property Sub-Div Renal-Reg L311 for LdndocRS TTt . �� .. f3 Permit No. Status Permit Type Address Office I 930015124 CANCEL ITNCT rot 14612 E TAMIAMI TRAIL CF C) Appl Info 1 Ste Info] Bung 1 Assoc.Tables Dates 1 Update Info i- " Date User Date User Application )12/3/1993 Expiration 16/1/1994 Approval 112/3/1993 )LOAD ExtendedExp.) Issued j12/3/1993 )LOAD (.......F.,,,, 3 Final 1 )LOAD (' Ejj ) 6/22/199810 LEHNHARD_ CO 1 . t. ' ;r,►'° :}7�t°1 s start . I E.[ CD-Pluctcr ,rirr•;._ lus E S ttn d th CCS LO O1; DPW O -E i X St.t� _ Kee A resswrg/Property Code Enforcement Pertrritting Dev.Review p Cash Management far T Ibf °Q Address Property Sub-Div Rental-Reg cso { Permtts ,.., c ��,., .'. ,.�-. - ,�., .. z;;; ,�, ,s`, ... ., �`. Vii, „�i. u. .��"•zm ..,�ze�. t'.'a' Permit Na Status Perms Type Address Office 1 930015024 'CANCEL .W;J JTNCT rob 14612 E'TAMIAMITRAIL CF Appl Info Site Info) Br,r'ldng Assoc.Tables j Dates Update Info Permit Items lnsp Code Request Date Schedule_Insp Result Code Result Date Result Insp SgFt/Values Permit Uttities Sul]Contractors. Combo Permits 1-- Plan Reviews Inspections 1 � I , start g T® E3e L.d G-Plus to 0'. 47 Ar..t F-1,CO-Pius AZURE SORRfiS coonectiti 1 ' �_ Rai Addressrng/Praperty Code Enforcement Permitting Dev.Review Cash Management tarYdaws95N�fAiT �� p { Address Property Sub-0iv Rental-Reg Perrrn,No. Status Permit-Type Address". Office 1 9301115024 "CANCEL "TNCT r 14612 E TAMIAMI TRAIL CF 1 ■ C) Appl Info'Site Info 1 Bung 1 Assoc.Tables 1 Dates 1 Uwe Info 1 Master Na.1 0 Mudd ModelDescription" 1 WWP r COA Contractor EsL Value " 7500 P/G 1 owner FCC Code 1999 Z EXPRESS/NON-RESIDENTIAL OTHER Name 1SITE OIL Address No. 163782 rot? Address 14612 E TAMIAMI TRAIL _ � � 1 1NAPLESTWIN LAKES Type 1CONTRACTOR Name,1BRUCE Contact Name "BRUCE Contact Phone 1[8001356-6523 ? may' !NAPLES i Job Description"NEW FACIA FOR CANOPY-RE Job Phone I St FL Zip 133942 Certificate No 1 14411 roe DBA Name 10RANGE STATE INDUSTRIES,IN License No 1CGC 018403 "CANCEL � irr7c,n5 r. '� 4'ur 1 CD-P11.15 aS for S start Oct-19-2004 09:47am From-Collier County Attorney +7740225 T-336 P.003/007 F-292 1 4 K SETTLEMENT AND TOLLING AGREEMENT WITH THE ROCK OIL COMPANY THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement")is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as "the County"), a political subdivision of the State of Florida and ROCK OIL COMPANY,a Missouri Corporation, (hereinafter referred to as"Rock Oil"). . .WITNESSETH: : WHEREAS,Rock Oil has filed a Complaint against Collier County in the United States District Court for the Middle District of Florida in Case No. 2:03-CV- 65-FTM- 29DNF, alleging that Collier County violated its Constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution and the Florida Constitution.; and WHEREAS,the matter has been set for trial;and WHEREAS, Rock Oil and the County, desire to settle the disputes in Case No. 2:03-CV- 65-FTM-29DNF and any and all disputes or claims that arise from, relate or refer in any way,whether directly or indirectly,to Rock Oil's Complaint; and WHEREAS, Rock Oil and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives,insurers, spouses,successors,assigns,heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound Rock Oil and the County agree as follows: 6- 6711810-1-„A Oct-19-2004 09:47am From-Collier County Attorney +7740225 T-336 P.004/007 F-292 1 6K 5 Rock Oil and the Co 7ada t and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement In an attempt to resolve all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the above-referenced Case; and in consideration of the promises contained herein,the parties agree as follows: 1. Rock Oil shall begin the process to administratively pursue a variance of the provisions of the Sign Code for its business establishment in Collier County within thirty(30) days of approval of this agreement by the Collier county Board of County Commissioners. 2. Collier County agrees to toll the applicable Statute of Limitations for a period of no longer than twelve(12)months, from January 8,2004 to January 8,2005, or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County,which ever event occurs first. 3. Rock Oil agrees to dismiss the aforementioned Case without prejudice within thirty(30)days of approval of this agreement by the Collier County Board of County Commissioners. 0 4. Collier County agrees not to pursue enforcement activity for a period of no longer than twelve(12)months, from January 8, 2004 to January 8,2005,or until Rock Oil abandons its pursuit of a variance or a variance is granted or denied by the County_ which ever event occurs first,as to the following alleged violations: (a). The Pole sign predates January 1991. Also, it was altered in approximately 1999 to include a reference to the Touchless Car Wash To comply with UDC section 2.5.5.2.5.5., a sign permit.must be obtained, and the free-standing sign must be lowered to 8 feet above centerline grade,reduced to 60 square feet in size,must incorporate a 200 square foot landscape area at the base of the sign,and must display the sign permit number. As it exists now,the sign is an illegal,non-conforming sign. 2 Oct-19-2004 09:4Bam From—Collier County Attorney +7740225 T-336 P.005/007 F-292 (b). Canopy accent striping and the primary yellow color are prohibited by LDC sec 'ons 2.5.5.2.5.5.(2)and 2.6.28.1.(17). The canopy must be of a single soft earth tone or pastel color. Corporate logos of 12 square feet can be permitted for the two faces of the canopy with street frontages,if desired. (c). Pump signs(aka toppers), logos,advertising,and information are prohibited above pumps by LDC section 2.5.5.2.5.5.(4),and must be removed, 5. Rock Oil agrees to apply for and submit all necessary documents for a permit for the"Touchless Car Wash"sign within thirty(30) days of approval of this agreement by the Collier County Board of County Commissioners_ 6. Rock Oil agrees to apply for and submit all necessary documents for a permit for the Wall signs facing both TAm'ami Trail North and Granada within thirty(30)days of approval of this agreement by the Collier County Board of County Commissioners_ 7. Rock Oil agrees to comply with requirements for window signage(non-reflective, non-illuminated,and non-electrical)and reduce them to no more than 25 % for each window area within ninety (90)days of approval of this agreement by the Collier County Board of County Commissioners. 8. In consideration of the resolution of this dispute, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Rock Oil and the County, agree to be bound by the terms of this agreement and on behalf of themselves, as well as on behalf of their attorneys, agents,representatives,and assigns. . 9. Rock Oil and the County acknowledge and agree that this Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,spouses,heirs and affiliates. 3 Oct-19-2004 09:49am From-Collier County Attorney +7740225 T-336 P.006/007 F-292 16K 5 10. Rock Oil and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 11. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 12. In the event of an alleged breach of this Agreement the sole venue for any resulting action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples,Florida. 13. This Agreement shall be governed by the laws of the State of Florida. 14. In the event Rock Oil raffles its law suit against the County,the parties Agree that mediation shall not be necessary. IN WITNESS WHEREOF, Rock Oil and the County have signed and sealed this Agreement as set forth below: ROCK OIL COMPANY: Witnesses: (Signatur C yA-;s Tar t7'E,( I ' -/ii r� C L 4 Y o OOKett (Print) (Sign ) Ai/eke-11e- gliwarah. .4rr►o jar (Print) 4 • Oct-19-2004 09:48am From-Collier County Attorney +7740225 T-336 P.007/007 F-292 16K5 THIS SETTLEMENT AGREEMENT BETWEEN ROCK OIL COMPANY AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Chn4her 1h,before me,this_ Rth day of , ua.r4 ,? S, zool ak.k&tia0 i-.. Personally Known Scare of N hl1 or #AYCOMSS1Ot4 u a203215 MSS Produced Identification V � ,- 41301Sut4ANC% 15.so11.r t c luer Ltc.a.rt ... Commissioned Name of Notary Public Type of Identification Produced (Please print,type or stamp) My Commission expires: COLLIER COUNTY: ATTEST: DWIGHT E.BROCK,Clerk of BOARD OF COUNTY Courts of Collier County,Florida COMMISSIONERS OF COLLIER •- COUNTY,FLORIDA Byt . By: _ DEptity�'.ierk: :1 t.":4", to ChiinoN`$ DONNA F ,Chairman - 4nitlicat iffy. Dom: • •{',f% 3 Date: y. : _. - Gail. Approved as to form and legal sufficiency: t cqueline Hubbard-Robinson ssistant County Attorney /'yT h:JIM Summer House settlement agreement. release t Ariena4 a.: t..f--c* COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CEB Case No. 2007-51 Petitioner, vs. ROCK OIL COMPANY, Respondent. AFFIDAVIT OF CHRISTOPHER W. KEMPH STATE OF MISSOURI COUNTY OF Saint Louis BEFORE ME, the undersigned authority duly authorized in the State of Missouri, County of ,to take acknowledgments and administer oaths, personally appeared Christopher W. Kemph, who, after being duly sworn on oath, according to law, deposes and says as follows: 1. My name is Christopher W. Kemph, and I have personal knowledge of the matters set forth herein below. 2. I have been employed by Rock Oil, in various capacities, since 1979. I am currently the president of Rock Oil Company ("Rock Oil") and have held that position since 2006. 3. Rock Oil owns the property located at 4648 Tamiami Trail North, Naples, Florida, upon which a Site gas station and convenience store are located and operated ("the Property"). 4. The yellow color and the red/blue striping on the building fascia and the gas pump canopy("the Color Scheme") have existed at the Property since prior to 2001. Further, to the best of my knowledge, the Color Scheme has existed at the Property since 1993. 5. The Color Scheme is the"corporate identity"of Site gas stations and provides loyal customers with an easy way to locate and patronize the stations. As such, the Color Scheme is valuable to Rock Oil's business. Further Affiant Sayeth Naught. Christopher . Kemph SWORN TO AND SUBSCRIBED before me this /4/ day of June, 2007, by Christopher W. Kemph, who is personally known to me or has produced DM'derrs Gi`c'vzJs4- as identification, and who did take an oath. G7CIA-C-C 4d2iLkt-- ‘0,:c.,,,koik...c,94,,,, R�. Notary Signature b P u ,49—r4 c� A Ld/etr9A) _ y ■ 4 NOTARY e zr o a e�, Print, Type or Stamp Notary Names SEM. .', � Commission Numb �^��° ' ,;:.% Commission A. LORTON ""/ Ws;; �`�� N.OTAF(1 PUBLIC• NOTARY SEAL STATE OF MISSOURI,ST.LOUIS COUNTY MY COMMISSION EXPIRES 4/22118 4 n • Y ti ) k:',,:* N TA ORDINANCE NO. 91-102 ' '1 °' g:� '.;Or . , ORDINANCE ENACTING AND ESTABLISHING A LAND ' r • 0 "EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY, " ' LORIDA PURSUANT TO THE LOCAL GOVERNMENT 'Oi 0'� COMPREHENSIVE PLANNING AND LAND DEVELOPMENT - • E+Zl-'1p� REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA: • ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE .. '' FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO • LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, INTERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCEMENT, FEES, - LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, REPEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; • PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO • • GENERAL, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET PARKING AND LOADING, LANDSCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, 'AND ZONING • ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE • THREE, DEVELOPMENT REQUIREMENTS, RELATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS • (EIS) , VEGETATION REMOVAL PROTECTION AND PRESERVATION, SEA TURTLE PROTECTION, ENDANGERED • • THREATENED OR LISTED. SPECIES PROTECTION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, ' VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE ° PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT • FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, • DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD • OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, • BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY DEVELOPMENT SERVICES DIVISION, DEVELOPMENT SERVICES • • DEPARTMENT, GROWTH PLANNING DEPARTMENT, HOUSING AND . URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY • • • BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD - . ' CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RELATING• TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEF:'NITIONS; PROVIDING FOR SECTION • FOUR THAT THE LAND DEVELOPMENT CODE SETOUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; ' PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. '': Whereas, Chapter 163, Part II, Florida Statutes also known k.° as the Local Government Comprehensive Planning and Land 1.1. . Development Regulation Act of 1985 and Chapter 9J-5, Florida Y •r : • ' Administrative Code mandates the adoption of land development • -.;. - 1111 @494. 01 . . -1- phIsfon 2.5 51,nr DIV: 2.5 SIGNS. • • SEC.2.5.1 TITLE AND CITATION.This division shall be•lcnown and maybe cited as the'Collier County Sign Code'. SEC.2.5.2 APPLICABILITY. This division shall apply to and be enforced in all unincorporated areas of Collier County, Florida. • SEC.2.5.3 GENERAL FINDING. Increased numbers and sizes of signs,as well as certain typespf lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The• indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism,visitation and permanent economic growth. SEC. 2.5.4 PURPOSE AND INTENT. It is the intent and purpose of this Sign Code, and it shall be interpreted,to implement the goals,policies and objectives of the Growth Management Plan,and to promote the health,safety, convenience,aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are: • 2.5.4.1 Compatible with their surroundings: • 2.5.4.2 Designed,constructed,installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 2,5.4.3 Appropriate to the typo of activity to which they pertain. 2.5.4.4 Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property,and small enough to satisfy the needs for regulation. 2.5.4.5 Reflective of the identity and creativity of the individual occupants. SEC.2.5.5 SIGNS EXEMPT FROM PERMITTING. 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: • 2.5.5.1 Signs required to be maintained,or posted by law or governmental order, rule, or regulation.. 2.5.5.2 On-premises directional signs,not exceeding four(4)square feet in area, intended to facilitate the • • movement of pedestrians and vehicles within the site upon which such signs are posted. 2.5.5.3 One identification sign,professional name plate,or occupational sign for each professional office, • or business establishment not to exceed two(2)square feet in sign area and placed flush against a building face or mailbox side,and denoting only the name of the occupant and,at the occupant's election, the occupant's professional or specialty and/or the street address of the premise. ■ 0494E242 • Collier County 2-137 October 30.1991 Land Development Code I ` • • phision 2i Priv 2.5.5.4 Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible . materials. • 2.5.5.5 'No Trespassing;' 'No Dumping,'or other prohibitory or safety type signs,provided each sign does not exceed two(2)square feet in size: 2.5.5.6 Real Estate Signs.All supports for such signs shall be securely built,constructed,and erected and shall be located on the site listed for sale and nokloser than fifteen(I5) feet from any property line, and subject to the following: • • 2.5.5.6.1 One (1) ground, or wall 'For Sale', 'For Rent', or similar sign per street frontage for each parcel, or lot less than one(1)acre in size: Non-residential districts: maximum of twelve(12)square feet in size. Residential districts: maximum of four(4) square feet in size. • • 2.5.5.6.2 One(I)ground or wall'For Sale', 'For Rent',or similar sign per street frontage for each parcel, • or lot one(1)acre or larger in size: • • Non-residential districts: maximum of thirty-two(32)square feet in size. Residential districts: maximum of twelve(12)square feet in size. 2.5.5.6.3 One(1)on-premises sign for model homes,approved in conjunction with a temporary use permit in any zoning district not to exceed thirty-two(32)square feet. Model home sign copy shall be limited to the model name, builders name, name and address, phone number, price, logo, and model home designation. . 2.5.5.6.4 One(I)on-premises open house sign not to exceed four(4)square feet in size. Such sign shall not be located within fifteen(15)feet of any property line, right-of-way or access easement. • 2.5.5.6.5 Real estate signs shall be removed when ownership has changed or the property is no longer for sale, rent or lease. A sign advertising That a property has been sold, or leased shall not be displayed for more than thirty(30)days after it is erected. 2.5.5.7 Bulletin boards and identification signs for public,charitable,educational or religious institutions located on the premises of said institutions and not exceeding twelve(12)square feet in size. • . 2.5.5.8 Traffic control and safety sign or other municipal,County,State or Federal signs,legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an• appropriate authority. • 2.5.5.9 Holiday,seasonal,or commemorative decorations provided that such signs display no commercial advertising and provided that such signs are not displayed for a period of more than sixty(60) • days. . • ® U49dE243 Collier Cowuy T-l3d October 30.1991 Land Development Code • plvisten 2J Sims 2.5.5.10 Window merchandise displays which are changed on a regular basis, meaning no less frequently than every thirty(30)days. 2.5.5.11 Signs located at the entrance drive of residences located upon two and one quarter(2.25)acre lots or greater,displaying the name and address of the residegt,and not exceeding four(4)square feet in area. ' 2.5.5.12 Flags or insignias of governmental,religious,charitable,fraternal or other nonprofit organisations. • City,county,state or country flags that will be flown on a flag pole that does not exceed fifteen (15)feet in height above finish grade or extend more than ten(10)feet from any building they are attached to,are allowable if the number of flags displayed does not exceed those described in Sec. 6.01A.(7)and the flag poles do not require certified designing and seal by a Florida registered engineer as described in section 6.01A(7). 2.5.5.13 Advertising and identifying signs located on taxicabs,buses,trailers, trucks,or vehicle bumpers, provided such sign does not violate Sec. 2.5.6.16 of this Code. 2.5.5.14 Religious displays that do not constitute advertising. i 2.5.5.15 Painting, repainting or cleaning of an advertising structure,or changes which are determned to be less than a substantial improvement. 2.5.5.16 • Copy changes for shopping center, theaters,billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. . 2.5.5.17 Construction Signs.All supports for such signs shall be securely built,constructed, and erected and shall be located on the site under construction and no closer than fifteen(15)feet from any property line, and subject to the following: • . 2.5.5.17.I One(I)ground,or will sign may be used as a construction sign by the general contractor of the development,within each front yard for each parcel less than one(1)acre in size: Non-residential districts: maximum of twelve(12)square feet in size within each front yard or a maximum of twelve(12)square feet of the permit board. . Residential districts: maximum of four (4) square feet in size within each front yard or a maximum of four(4)square feet of the permit board. 2.5.5.17.2 One(I)ground or wall sign may be used as a construction sign by the general contractor of the development,within each front yard for each parcel one(I)acre or larger in size: • Non-residential districts: maximum of thirty-two(32)square feet in size within each front yard. • Residential districts: Maximum of twelve (12) square feet in size within each front yard or a • maximum of twelve(12)square feet of the permit board. • ® 0494E 244 Collier Cowuy 2-139 October 30,1991 land Dcwtopnau Code • • • p4111on 2.5 Sims 2.5.5.17.3 One (I) ground or wall sign may be used as a construction sign by each contractor, lending institution,nr other similar company involved with the development, regardless of parcel size: all zoning districts:maximum of four(4)square feet within each front yard or a maximum of four (4)square feet of the permit board. • 2.5.5.17.4 All construction signs must be removed prior to the issuance of certificate of occupancy,or when seventy percent(70%)of a residential development is constructed. 2.5.5.18 Signs in conjunction with an approved Temporary Use permit. SEC. 2.5.6 PROHIBITED SIGNS. It shall be unlawful to erect, cause to be erected, maintained or cause to be maintained,any sign not expressly authorized by,or exempted from this Code.The following signs are expressly prohibited: • 2.5.6.1 Signs which are in violation of the building code or electrical code adopted by Collier County. 2.5.6.2 Abandoned signs. 2.5.6.3 Animated or activated signs,except time and temperature signs. 2.5.6.4 Flashing Signs Electronic reader boards that do not flash on and off are not flashing signs. 2.5.6.5 Rotating signs. .2.5.6.6 Illuminated signs in any residentially zoned or used district,except residential identification signs, residential name plates,and street signs that are illuminated by soft or muted light.Nonresidential uses within residentially used or zoned district by provisional use, P.U.D. Ordinance, or as otherwise provided for within the Zoning Ordinance,shall be allowed the use of illuminated signs, subject to the approval of the Community Services Administrator,or his designee. 2.5.6.7 Signs located upon,within,or otherwise encroaching upon County or public rights-of-way,except as may be permitted under the provisions of Ordinance 82-41,as amended, and those erected-by a governmental agency or required to be erected by a governmental agency. • • 2.5.6.8 Billboards. • • 2.5.6.9 Strip lighted signs. 2.5.6.10 Neon type signs except within all.commercial and industrial districts. 2.5.6.11 Roof signs. 2.5.6.12 Portable Signs. 2.5.6.13 Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position,shape or color, would conflict-with the proper function of any traffic sign ® C49245 Collier County 2-140 October 30,1991 Land Development Code • • • • • • pfrfdon 2.5 51.rnr 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. • 2.5.6.14 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. . 2.5.6.15 Wind signs. • • • 2.5.6.16 Signs on vehicles or boats, either attached to or painted on the vehicles or boats of any type, which are conspicuously parked in close proximity to the right-of-way and are obviously parked • in such a way to advertise any business to the passing motorist or pedestrian. • 2.5.6.17 Any description or representation, in whatever form, of nudity, sexual conduct, or,sexual excitement, when it: 2.5.6.17.1 is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors,and 2.5.6.17.2 taken as a whole, lacks serious literary,artistic, political,or scientific value. t ' • 2.5.6.18 Any sign which: • 2.5.6.I8.1 Emits audible sound, vapor,smoke, or gaseous matter. 2.5.6.18.2 Obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal,or device. 2.5.6.18.3 Employs motion,have visible moving parts, or gives the illusion of motion(excluding time and temperature signs). • 2.5.6.18.4 Is erected or maintained so as to obstruct any fire fighting equipment,window,door,or opening uses as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. 2.5.6.18.5 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. . 2.5.6.18.6 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. 2.5.6.18.7 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. (148d 246 • Collier Co,ouy 2-141 October 30.1991 Land Development Code • • • • plvfrfan 2.5 Stmt 1 2.5.6.19 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. 2.5.6.20 Tethered inflatable signs. SEC.2.5.7 TERMINATION OF PROHIBITED SIGNS.Within six months of the date of enactment of this Code, or as otherwise provided within Sec. 2.5.9,all signs expressly prohibited by Sec. 2.5.6,and their supporting structures,shall be removed, or,in the alternative,shall be altered so • that they no longer violate Sec. 2.5.6.Billboards with an-original cost of one hundred($100.00) dollars or more, and have been legally permitted, shall be treated as nonconforming signs and removed pursuant to Sec. 2.5.9.3. • SEC.2.5.8 PERMITTED SIGNS.The following signs are permitted,upon issuance of a building permit and subject to the restrictions below: 2.5.8.1 On-Prveists S'>tns. On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions • below: • 2.5.8.1.1 Pole or Ground Sim..Single occupancy parcels, shopping centers, office complexes, or industrial parks having frontage of one hundred fifty feet(150')or more on a public street,shall be permitted one(1)pole,or two(2)ground signs.In addition,multiple occupancy parcels such as shopping centers,office complexes,or industrial parks containing twenty five thousand(25,000) square feet or more of gross leasable floor area will be permitted one (1)directory sign with a maximum size of two hundred fifty(250)square feet for a single entrance on each public street. 1. Maximum allowable sign area -one hundred(100)square feet for each pole or ground signs,or a maximum combined area of one hundred twenty(120)square feet for two(2) ground signs, except for approved directory signs. 2. Setbacks - fifteen feet (15) from any property line, public or private right of way, or easement,with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists of pedestrians. • 3. Maximum allowable height- twenty five feet (25). Height shall be measured from.the lowest center line grade of the nearest public or private right of way or easement to . . tho uppermost portion of the sign structure. 4.- The maximum size limitation shall apply to each sign structure. Pole or ground signs may . be placed back to back, aide by side, or in V-type construction with not more than one (1) display on each facing,and such sign structure shall be considered as one(1)sign. 1 ' 1 5. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. ® 04 9 247 Colder County 2.142 October 30,199! Land Development Code • • pMsfot 2.f Strap 2.5.8.1.2 Pole or Ground ins Within Regional Shopping Centers. One (1) pole or ground sign is permitted for each regional shopping center having a frontage of one hundred fifty feet(IS0)or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum of a one thousand foot (1000') separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two (2) per street frontage. Additionally,one(l) directory sign with a maximum size of two hundred fifty (250)square feet will be permitted for a single entrance on each public street. 1. Maximum allowable sign area - one hundred (100) square feet, except.for approved directory signs. 2. Setbacks - fifteen feet(15) from any property line, public or private right of way, or • easement,with the exception of directory signs which may be located within the medians. of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 3. Maximum allowable height-twenty five feet(25) in height. Height shall be measured from the lowest center line grade of the nearest public or private right of-way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side,or in V-type construction with not more than one(1) display on each facing, and such sign structure shall be considered as one(I)sign. S. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right of way. 2.5.8.1.3 Wall or Mansard Siam. One (I) wall or mansard sign shall be permitted for each single occupancy parcel, or for each establishment in a multiple occupancy parcel. Corner units within multiple occupancy parcels,or double frontage single occupancy parcels shall be allowed two signs,but such signs shall not be combined for the purpose of placing the combined area on one wall. 1. The maximum allowable display area for signs shall not be more than 20 percent(20%) • of the total square footage of the visual facade of the building to which the sign will be attached and shall not in any case exceed two hundred fifty(250)square feet in area for any sign. • ' 2.5.8.1.4 Proiectinrt Sim.Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed sixty(60)square feet of display area. • 1. Projecting signs shall not project more than four feet(4')from the building wall to which • • it is attached. 2. Projecting signs shall not extend above the roof line of the building to which it is • attached. ® C49 248 • Colder County 2-143 October JO,199! Land Development Code • I • Plvlda s 2,5 Sir t 3. Projecting signs shall not project into the public right of way. • 4. Projecting sign'which project over any pedestrian way shall be elevated of eight feet(8') above such pedestrian way. • 2.5.8.1.5 Marauee. Caner or Awnitt2 Signs. In addition to any other sign which is allowed by this Ordinance, one(I)marquee,canopy,or awning sign shall be allowed for each single occupancy parcel, or for each establishment in a multiple occupancy parcel. • 1. Signs located on a marquee,canopy,or awning shall be affixed flat to the surface, shall contain letters not greater than six inches(6'0) in height, shall not exceed twenty feet (20')in length, and shall not rise in vertical dimension above the marquee, canopy, or awning. 2. In addition to any other sign allowed by this Code one(1)under canopy sign shall be allowed for each single occupancy parcel, or for each establishment in a multiple occupancy parcel. The sign shall not exceed six (6)square feet in area and shall be a minimum of eight(8')feet above finish grade. . 2.5.8.1.6 S m Within Planned Unit Developments.Sign classes and sizes for Planned Unit Developments shall be the same standards found within this Code for the zoning district the development most closely resembles, unless such PUD's have sign.standards contained in the PUD document,and are approved by Board of County Commissioners. 2.5.8.1.7 }tars. Residential Properties that have been issued a Certificate of Occupancy may display up to three(3)city,county,state or country flags. Three(3)city. county, state or country flags may be displayed at the entrance of a commercial,office,industrial or residential development,Where • these developments have multiple entrances any entrance may have up to three (3) flags each, provided: the development is at least ten(10)acres in size,any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the Traffic Element of the Growth Management Plan,and all entrances with flags are at least three hundred(300)feet apart. Four(4)additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways.The four(4)internally displayed flags may be increased by up to eight (8) additional flags for maximum total of twelve (12) flags with the amount of the proposed increase to be determined by the Community Development Services Administrator,provided:all proposed flags would not be visible to motorists along any frontage • roadways and the Community Development Services Administrator determines that the display of • • the extra flags is essential to the theme and design of the development. All flag poles with a height in excess of fifteen(15)feet above finish grade or that extend more than ten(10)feet from any building that they are attached to shall be subject to the permit process. As a condition of permitting,the flag pole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable.Certified designing and sealing shall not be required where flag poles are located at a distance exceeding their height plus five (5) feet from all structures (except those designed solely for storage),property boundaries,utility lines and poles,and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. e494?_4 Collier County 2-144 . October 30.1991 Land Development Code • • • • • plrfr/on I.S 3�r"+ On single-family or duplex lots flag poles shall not exceed twenty(20)feet in height above finish grade or exceed thirty (30) fed in height above finish grade when located in the Estates or Agricultural Districts.For all other lots,flag poles shall not exceed thirty-five(35)feet in height from the finish grade or extend more than twenty(20)feet from any building to which they are attached. 2.5.8.2 Temporary Simla. The erection of any temporary sign shall require permitting as established within Sec.2.5.12 of this Code.Applicants for temporary sign permits shall pay the minimum fee • as required for a standard sign within the district.Temporary signs shall be allowed subject to the restrictions imposed by this Section and other relevant parts of this Code. 2.5.8.2.1 Political Sim. Political campaign signs and posters shall be permitted subject to the following requirements: • 1. Prior to the erection,installing,placing,or displaying of a political sign a bulk temporary permit shall be obtained.The fee for said bulk permit shall be as adopted by resolution • by the Board of County Commissioners. • 2. Political campaign signs or posters within residentially zoned or used property,shall not exceed four(4)square feet in size, and shall not be located closer than five(5) feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of forty(40)square feet per sign,and shall be located no closer than fifteen(15)feet to any property line. • 4. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. 5. The maximum height of any political campaign sign or poster,except those that may be affixed to a wall,shall be limited to eight(8) feet. • 6. Political signs shall be erected not more than sixty(60)calendar days prior to an election or political event,and shall be removed within seven(7)calendar days after the election, event,or after the campaign issue has been decided. • • 2.5.8.2.2 Construction Sinn. One (I) temporary on-site construction sign may be permitted for each parcel, identifying the name of the development, company and general contractor, and other . pertinent similar information, which shall be removed at the time a certificate of occupancy is issued for the building or structure,or when seventy percent(70%)of a residential development is constructed and shall not exceed the following size restrictions: 1. • Residential, industrial, commercial and institutional developments within all zoning districts: ® V49(r 250 Collier County 2-145 October 30.1991 Land Development Code • Dtriden 2.5 Slew over 10 acres in size:A temporary sign not to exceed sixty(60)square feet at each street frontage. 2. Temporary construction signs shall be located not closer than thirty feet (301 to any properly line. 2.5.3.2.3 Grand Opening Sim. An occupant may display an on-site grand opening sign not exceeding thirty-two(32) square feet on a side, and not exceeding sixty-four(64) square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding fourteen (14)days within the first three(3)months that the occupant is open for business. 2.5.3.2.4 Special Events Signs.A special events sign not exceeding thirty-two(32)square,feet in size may • be displayed to announce or advertise such temporary uses as fairs,carnivals,circuses, revivals, sporting events,or any public,charitable,educational fifteen(IS)feet to any property line.Such signs shall require a building permit. 2.5.3.2.5 Farm Signs. (On-Site) One (I) temporary pole or ground sign identifying the fast, farm organization,entrance,or gate not exceeding forty(40)square feet in area.This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts . of doe amity.Uri,as shall k p& a4 far aperiod net Is axonal thirty OM r t,.astred way tyres a Wry cast sweet rust•bleb sops slued teewra a Arrttdieg perent. 2.3.3.2.6 Real Estate Sfrn. One(I)temporary on-site ground or wall For Sale', 'For Rent, or'similar sign within each front Yard for each parcel or lot in excess of ten (IC) acres in size, may be erected subject to the following: • 1. Residential, industrial. commercial and institutional developments within all zoning districts. 2. A maximum of sixty(60)square feet in size within each front yard. 3. Real estate signs shall not be located closer than thirty(301 feet from any property line. 4. Real estate signs up to sixty(60)square feet are allowed for model homes subject to the other requirements of this subsection. • S. Real estate'signs shall be removed when ownership has changed, the property is no longer for sale, rent or lease, or the model home is no longer being used as a model ' home. • A sign advertising that a property has been sold or leased shall not be displayed for more than - • thirty(30)days after it is erected. 2.5.3.3 • Special Purpose Signs. (On-Site) Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special • purpose signs shall be allowed subject to the following requirements: lel C49f IA1,.251 Collier County 2-146 October JO.1991 land Development Code • • • • phitfors 2..f Strut 2.5.83.1 Theater signs. (On-site)In addition to the signs otherwise permitted by this Code,a theater shall be permitted a changeable message sign,the surface of which shall not exceed one hundred(100) square feet in area. Such sign shall require a building permit. • 2.5.8.3.2 Automobile Service Stators. In addition to the signs otherwise permitted by this Code, automobile service stations shall be permitted one(1)changeable message sign not to exceed ten • (10) square feet in area for the purpose of displaying gasoline prices only. Such sign shall be affixed to the structure of a pole on the property. Such sign shall require a building permit. 2.5.8.3.3 Time and Temperature Signs. One (1) time and temperature sign having a surface area not • exceeding eighteen (18) square feet shall be permitted at each industrial, commercial or other non-residentially zoned property.Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.8.3.4 Residential Directional or Identification Sigh.Directional or identification signs no greater than (4) square feet in size, and located internal to the subdivision or developments may be allowed subject to the approval of the Community Development Administrator,or his designee.Such signs shall only be used to identify the location,or direction of approved uses such as models or model centers,sales(6')feet in height,and twenty four(24)square feet in area. Such signs shall require a building permit. 2.5.8.3.5 Commercial and Industrial Directional or Identification Signs. Directional or identification signs no greater than six (6) square feet in size, and located internal to the subdivision or development, may be allowed subject to the approval of the Community Development Services Administrator,or his designee.Such sign shall only be used to identify the location,or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six(6')in height,and sixty(60)square feet in area. Such signs shall require a building permit. 2.5.8.4 On-Premises Sims Within Residential Districts. Two(2) ground or wall residential entrance or gate signs may be located at each entrance to a multi-family, single family, mobile home or recreational vehicle park subject to the following requirements: 2.5.8.4.1 Such signs shall contain only the name of the subdivision,the insignia or motto of the development and shall not contain promotional or sales material. 2.5.8.4,2 The ground or wall signs shall not exceed a combined area of sixty(60)square feet,and shall not exceed the height or length of the wall or gate upon which it is located. 2.5.8.5 On-Premises Signs Within Agricultural. Districts.On-premises signs shall be permitted within agriculturally zoned or used property,for agri-commercial uses defined within the Collier County Zoning Ordinance only,and subject to the following restrictions: • 2.5.8.5.1 One (1)-pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted agricultural uses. 040 4 252 Collier County 2-147 October 30,1991 Land Development Code • Plrlrton ZS 1. The maximum allowable sign area for each pole or ground sign shall not exceed one hundred(100)square feet,and shall be located a minimum of fifteen feet(15')from any property lines, public or private right of way or easement. - • 2.5.8.5.2 One(1) U-Pic sign located at the entrance or gate of each street frontage. 1. The maximum allowable sign area for each U-Pic sign shall not exceed thirty-two(32) square feet,and shall be located a minimum of fifteen feet(15')from any property line, public or private right of way or easement. • 2.5.8.6 Wall or Mansard SI2rd Within Agricultural Districts.Wall or mansard signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Zoning Ordinance only,and subject to the following restrictions: 2.5.8.6.I One wall or mansard sign shall be permitted for each principal use structure on the parcel:Corner parcels or double frontage parcels shall be allowed one(1)sign per street frontage,but such signs shall not be combined for the purpose of placing the combined area on one wall. 1. The maximum allowable display area for any sign shall not be more than 20 percent (20%)of the total square footage of the wall to which it is affixed,and shall nos in any case exceed two hundred fifty(250)square feet in area per sign. 2.5.8.7 Off-Premises Directional Sim. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the Community Development Services Administrator,or his designee, if the following requirements are met: 2.5.8.7.1 Off-premises directional signs shall only be permitted in nonresidentially zoned, or agricultural districts. 2.5.8.7.2 No more than two(2)off-premise directional signs shall be permitted,identifying the location and nature of a building.structure, or use which is not visible from the street serving such building, structure,or uses,provided that each such sign is not more than four(4)square feet in aria, and eight feet(8')in height. • . 2.5.8.7.3 Off-premises directional signs shall not be located closer than fifty feet(50')from a residentially . • zoned district. • 2.5.8.7.4 Off premises directional signs shall not be located closer than one hundred feet (100') from another off premises directional sign. 2.5.8.8 Illuminated Sing. All illuminated signs shall have electrical components, connections, and . installations that conform to the National Electric Code, and all other applicable Federal, State, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to • produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent;have a steady nonfluctuating or nonundulating light source. ® 049 E 253 • • Cottle►Courtly 2-148 October 30.1991 Land Development Code • pfrtsfen 2.5 SIrty SEC. 2.5.9 NONCONFORMING SIGNS. Existing signs not expressly prohibited by this Code and not conforming to its provisions shall be regarded as nonconforming signs. 2.5.9.1 The following signs,and sign structures shall be removed or made to conform to this Code within ninety(90)days from the effective date thereof: • 2.5.9.1.1 Signs made of paper, cloth,or other nondurable materials. • 2.5.9.1.2 All temporary signs. 2.5.9.1.3 Those signs described in Secs. 2.5.6.7,2.5.6.13,2.5.6.14,2.5.6.17,and 2.5.6.18. 2.5.9.2 tigngmbrinintlharginisLanmatnLsinu. All permanent nonconforming on-premises signs, and sign structures shall be removed, or made to comply with the requirements of this Ordinance within three(3)years from the date upon which the sign became nonconforming under Ordinance No. 90-114(December 27, 1990). 2.5.9.3 Nonconforminsr OR Premises sing. All nonconforming off-premises signs,and sign structures having an original cost or value of one hundred($100.00)dollars or more may be maintained for the longer of the following periods: 2.5.9.3.1 Two(2)years from the date upon which the sign became nonconforming under Ordinance No. • 90-114(December 27, 1990);or 2.5.9.3.2 A period of three (3) to seven (7) years from the effective date of Ordinance No. 90-114 (December 27, 1990)according to the amortization table below. ,Sign Cost/Value Permitted Years From Effective • Date of Code $100 to$ 1,000 3 years $1,001 to$3,000 4 yarn $3,001 to$10,000 5 years More than$10,000 7 years . 2.5.9.3.3 Any owner of an off-premises sign who requests an amortization period longer than two(2)years shall, within one(1)year from the date of enactment of these regulations, register the sign with the Community Development Services Administrator,or his designee.The following information • shall be provided at the time of registration:the cost or value,whichever is greater, of the sign; the date of erection; or the cost or value and date of the most recent renovation;a photograph of the sign or signs and their supporting structure, not less than 5' x 7" in size; and a written • agreement to remove the sign at or before the expiration of the amortization period applicable to the sign.The off-premise sign owner's signature shall be witnessed before a notary public on all requests for extended amortizations.A registration fee of fifty dollars($50.00)shall be paid at the time of registration. ® ()4 )4254 Collier County 2-149 October 30,1991 Land Development Code • • • pnirten Srrnr SEC.2.5.10 CON NUATION OF NONCONFORMING SIGNS:Subject to the limitations imposed by Sec. 2.5.9 of this Code, a nonconforming sign may be continued and shall he maintained in good condition as required by this Code,but shall not be: 2.5.10.1 Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. 2.5.10.2 Repaired or rebuilt when destroyed or damaged to the extent of fifty percent(50%)or more of • its replacement value,except in conformity with this Code. • 2.5.10.3 A nonconforming permanent on-premises or off-premises sign shall not be replaced by another nonconforming sign except that substitution or interchange of letters, poster panels, and painted boards,or dismountable materials on nonconforming signs shall be permitted through the period of nonconformity established by this Code. 2.5.10.4 Continued in use when any land use to which the sign pertains has ceased for a period of thirty (30)consecutive days,or has otherwise changed. 2.5.10.5 Nonconforming status shall not be afforded to any sign erected without the required perrilit issued by the County,State,or any Fedetal agency either before or after the enactment of this Code,or to any preexisting signs which have been illegally installed,constructed,placed or maintained. SEC.2.5.11 VARIANCES.The Board of Zoning Appeals may grant a variance from the terms of this Code as will not be contrary to the public interest when owing to special conditions a literal enforcement of the provisions of this Code would result in unnecessary and undue hardship. In order to grant • any variance from the terms of this Code the Board must find: 2.5.11.1 That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands,structures or buildings similarly situated; 2.5.11.2 That the special conditions and circumstances do not result from the actions of the applicant; 2.5.11.3 That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code.to other lands, buildings or structures similarly situated; • 2.5.11.4 That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties similarly situated under the terms of the Code and would work unnecessary and undue hardship on the applicant; 2.5.11.S That the variance granted is the minimum variance that will make possible the reasonable use of . the land,building or structure; • 2.5.11.6 That the granting of the variance will be in harmony with the general intent and purpose of this Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; II 0494255 • Collier County 2-150 October 30.1991 Land Development Code • • • • Pfrfifort 2.S • Stem 2.5.11.7 In granting any variance, the Board of Zoning Appeals may prescribe the following: 2.5.11.7.1 Appropriate conditions and safeguards in conformity with this Code or other applicable County Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted,shall be deemed a violation of this Code. 2.5.11.7.2 A reasonable time limit within which the action for which the variance required shall be begun of completed or both. SEC.2.5.12 FERMIT APPLICATIONS. 2.5.12.1 General. Any person wishing to erect,pl ace,rebuild,reconstruct, relocate,alter,or change the sign copy(see Sec.4.00 for exceptions)of any sign shall apply for and receive a building permit in accordance with Resolution 88-241 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. 2.5.12.2 Permit Fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3 Dim. Every application fora building permit shall be in writing upon forms to be furnished by the Community Development Services Administrator,or his designee. 2.5.12.4 Application Content,. In order to obtain a permit to erect l ace, 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: 2.5.12.4.1 The name, address and telephone number of the: a) owner and lessee of the sign and b) sign contractor or erector of the sign. • 2.5.12.4.2 The legal description and the street address of the property upon which the sign is to be erected. 2.5.12.4.3 The dimensions of the sign including height; 2.5.12.4.4 The copy to be placed on the face bf the sign. 2.5.12.4.5 Other information required in the permit application forms provided by the Community Development Services Administrator,or his designee; including two(2)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. • ' 2.5.12.4.6 Two(2)blueprints or ink drawings,certified by a Florida Registered Engineer, 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 thirty-two(32)square feet. ® (1491 2513 Confer County 2-1J1 October 30,1991 Land Development Code • • • • • • V photon 2.1 SIli 2.5.12.4.7 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,Flood Ordinance,and the Coastal Building Zone Ordinance.Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than twenty(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. 2.5.12.4.8 If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. 2.5.12.4.9 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(5) feet in front of the base of the sign and in on ease shall the permit number be less than one-half(1/2)inch in size. 2.5.12.5 Exolratlon 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 (6) months froir the dale of issuance of the permit. • SEC.2.5.13 ENFORCEMENT. 2.5.111 fantod. 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: • 2.5.13.1.1 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 any existing County, State or Federal law or regulation. 2.5.13.1.2 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. • 2.5.13.1.3 The Community Development Services Administrator, or his designee, shall be charged with interpretation and enforcement of this Coda. 2.5.13.2 Enforcement Procedures. Whenever,by the provisions of this Code,the performance of any act is required,or the performance of any act is prohibited,a failure to comply with such provisions shall constitute a violation of this Code. • 2.5.13.2.1 The owner, tenant,and/or occupant of any land or structure, or part thereof,and any architect, builder,contractor,agent,or other person who knowingly participates in,assists,directs,creates, 74 442451 • fr Collier Cowry 2-1S2 October 30,1991 Land Development Code • • Dtvirfon 2.5 Sims 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. 2.5.13.2.2 Where any sign or part thereof violates this Code, the Community Development Services Administrator,or his designee,shall give to the owner,agent,lessee or others persons maintaining the sign, or the owner or lessee of the land upon which the sign is located, written notice by • registered or certified return receipt mail specifying the nature of the violation, ordering the • cessation thereof, and requiring either the removal of the sign or the carrying out of remedial work. Such notice shall be in the following form: YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VIOLATIONS OF THE COLLIER COUNTY SIGN CODE HAVE BEEN DISCOVERED; YOU HAVE THIRTY (30) DAYS FROM THE DATE OF THIS NOTICE, TO CORRECT ALL ABOVE NOTED VIOLATIONS. ONCE CORRECTED, YOU SHALL CALL THE COMPLIANCE SERVICES SECTION AND ARRANGE FOR AN INSPECTION OF THE PARCEL.IF YOU BELIEVE THAT AN ERROR HAS BEEN MADE, YOU MAY FILE A • NOTICE OF INTENT TO APPEAL WITH THE COMMUNITY DEVELOPMENT SERVICES DIVISION. WITHIN FIFTEEN (15) DAYS OF RECEIPT OF THIS NOTICE. PLEASE BE ADVISED THAT COLLIER COUNTY MAY REMOVE THE OFFENDING SIGN AT THE EXPIRATION OF THE THIRTY (30) DAY PERIOD IF THE VIOLATIONS HAVE NOT BEEN CORRECTED. ALL COSTS FOR SUCH REMOVAL. SHALL BE CHARGED TO THE OWNER, AGENT OR LESSEE OF THE SIGN OR THE OWNER OF THE PROPERTY UPON • WHICH THE SIGN IS LOCATED. 2.5.13.23 If a sign is in such a 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. 2.5.13.2.4 In addition to the penalties and remedies above, the Compliance Services 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. 2.5.13.2.5 Compliance Services shall immediately remove all violative signs located in or upon public rights of way or public property. 2.5.13.3 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. RE ('49 ft 258 Collier Cowry • 2-153 October JO.!991 Land Derrlopment Code • • QA[sfon 2.5 Mew 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 Five Hundred Dollars($500.00)or by imprisonment not to exceed Sixty(60)days in the County jail,or both,in the discretion of the Court. Each violation or non-compliance shall be considered a.separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. • Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction u is necessary to prevent or remedy any violation or non-compliance.Such other lawful actions shall include,but shall not be limited to,aq equitable action for injunctive relief or an action at law for damages. • 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 authority of Chapter 162, Florida Statutes. • • • • • • • • ® 49 F/E 259 • • Culler Co+mty 2454 October 30,1991 Land Development Code • /�/n2 122??i7?, �^ c%\ ' FAY, �x 1�E, t.,,a1 ORDINANCE NO. 96- 21 t RECEIVED Clerk e . . , i 1�Ia 0(Board Aw'/ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS e� A'N(ENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, I \'\/Figtgclgs,TiARTICLE ONE THEREOF, GENERAL PROVISIONS; ARTICLE c> sue. -- -- TWO THEREOF, ZONING; ARTICLE THREE THEREOF, •t. -c DEVELOPMENT REGULATIONS; ARTICLE FIVE THEREOF, - DECISION MAKING AND ADMINISTRATIVE BODIES AND, ARTICLE SIX, DEFINITIONS; APPENDIX A, STANDARD ; !.. �.' LEGAL DOCUMENTS FOR BONDING OF REQUIRED '' , r- IMPROVEMENTS; MORE PARTICULARLY PROVIDING FOR: -r ! SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF,;-; FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE cf LAND DEVELOPMENT CODE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION SIX, EFFECTIVE DATE. j 1. WHEREAS, on October 30, 1991, the Board of County Commissioners approved Ordinance Number 91-102, which established the Collier County . Land Development Code which has been subsequently amended; and WHEREAS, the Land Development Code may not be amended more than two times in each calendar year pursuant to Section 1.19.1,LDC; and, WHEREAS, this is the first amendment to the Land Development Code, Ordinance 91-102, in this calendar year; and ' WHEREAS, on March 23, 1993 the Board of County Commissioners ' adopted Resolution 93-124 establishing local requirements and ; , procedures for amending the LDC; and . WHEREAS, all requirements of Resolution 93-124 have been met; and . WHEREAS, the Board of County Commissioners in a manner prescribed by law did hold advertised public hearings on April 17, 1996 and May 1, 1996, and did take action concerning these amendments to the LDC; and • WHEREAS, all applicable substantive and procedural requirements of • • the law have been met. 0 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners • s of Collier County, Florida, that: ' SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by • . y .r reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: • -1- ORIGIN: BCC direction. AUTHOR: Chahram Badamtchian, PH.D., Senior Planner DEPARTMENT: Current Planning Section, Planning Services Department LDC SECTION: 2.5 & DIV 6.3, Definitions CHANGE: The Board of County Commissioners, on various occasions, has directed staff to review the existing sign code on a comprehensive basis, bringing forward changes as may be warranted. The Development Services Advisory Committee also requested that staff review the sign code. In some cases, the Board direction was very specific. For example, staff was directed to provide for greater flexibility to allow for more than one wall sign for a single large retail outlet, thereby allowing separate identification for specific entries such as a pharmacy, garden center, automotive center, and so on. This issue, and others specifically identified by the Board have been addressed and recommendations are contained herein. IN ORDER TO PROVIDE GREATER CLARITY AND EASIER READING, THE ENTIRE EXISTING SIGN CODE HAS BEEN STRUCK THROUGH, AND THE ENTIRE RESTRUCTURED, REVISED SIGN CJDE UNDERLINED. WHERE SIGNIFICANT CHANGES IN THE LANGUAGE, PURPOSE OR INTENT HAVE OCCURRED, SAID CHANGES HAVE BEEN HIGHLIGHTED (BOLD PRINT) FOR YOUR ATTENTION. FISCAL & OPERATIONAL IMPACTS: The changes proposed to the LDC will require additional code enforcement staff to address and document all existing prohibited signs and to ensure removal within time frames provided for in this amendment. There are a significant number of prohibited signs (estimated to be as many a several thousand) which must be removed. According to the Code, these signs must be removed within 90 days or according to an amortization schedule based on the value of the sign. Most likely, this will not happen unless property owners are notified and this will certainly require investigation, preparation of cases, and in some instances, prosecution before the Code Enforcement Board. It is estimated by the Code Enforcement Director, that in order to successfully take a proactive approach to this issue, it will be necessary to add three full time Code Enforcement Investigators to deal solely with existing and future illegal signage. This need will be on a temporary basis, estimated not to exceed two years. If contract employees are hired an estimate of the fiscal impact is $150,000 (3 temporary full-time employees at $25,000 per employee per year for 2 years) . This would allow the existing Code Enforcement Personnel to increase productivity as they will not be involved in sign code violations/cases. Presumably some portion of the costs associated with additional enforcement personnel will be offset by revenues from fines for violation and after the fact fees for permits for those existing signs which are permissible but for which no valid building permit exists. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: I Words struck through are deleted; words underlined are added. -1- DIVISION 2.5. SIGNS • Ceor 2 .5-. 1. Title and citation. This diviaior) shall be known and may be cited as the "Collier County Sign Code. " • This division shall apply to and be enforced In all Increased numbers and sizes e€ signs, as well as certain types e•€ lighting distract the attention e€ nets and pedestrIansT and interfere with traffic safety: -The indiscriminate erection of signs degrades the aesthetic attractiveness o€ the natu -a-1 and manmade attributes e€ the community and thereby undermines the economize value e- tourism, visitation and permanent economic growth: CEC. 2 . 5. 4. Purpose and intent. 3-s the intent and purpose e€ this sign code, and it shall be interpreted, to implement the geals7- policies and objectives e€ the growth management plan, and te promote the health, safety, convenience, aesthetics, and general welfare e€ the community by eantrolling signs which are intended to communicate te the publie< and te authorize the use e€ signs which arc: 2 .5.4 . 1. Compatible with their surroundings. 2 . 5.4 .2. Designed, con:..tructed, installed and maintained in a manner which does not endanger public safety er unduly di.Araet motorists. 2 .5.4 . 3. Appropriate te the type e€ activity te which they • pea i Fr- 2. 5. 4 .4 . Are large enough to convey sufficient information a-bet-t the owner es occupants e- a property, the products er- s ^_ vice_ available en the property, er the activities conducted en the property, and small enough to satisfy the needs for regulation. 2.5.4. 5. Reflective e€ the identity and creativity e€ the individual occupants. Geo. 2 .5.5. signs exempt from permitting. The following signs a -e exempt from the permit requirements I; e€ this eede; and shall be permitted In all districts subject to the limitations set forth lew 2 .5.5. 1. &igns required to be maintained e ' pested by w e Z. _ 2.5. 5.2. directional signs, net emeeedi. g four square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which ouch signs arc posted. 2 .5.5.3 . One identification sign, professional nameplate er • occupational sign fer each professional office, er business establishment not to exceed two square feet In s-i t area and placed flush against a building face er mailbox aide, and denoting only the name of the occupant and at the occupant's election, the occupant's professional er specialty- and/or the street address of the premise. 2.5 . 5. 4. Memer ia-1 plaques, cornerstones, historiea-1 tablets, and similar types of commemorative signs when cut Into any masonry surface er when constructed e€ bronze er ether "No Trespassing, " -z#e Dumping," er ether prohibitory er safety type signs, provided each sign does net exceed two square feet in size. 2 . 5. 5. 6. Real estate signs. All supports for such signs shall be securely built, constructed, and erected and shall be located en the site listed for male and no closer than 15 feet from any property line, and subject to the following: 2. 5.5. G.1. One ground er wall "For Cale," "For Rent, " or similar sign per street frontage for eaeh parcel, er lot less, than one acre in size: Nonresidential districts: Maximum of -2 square feet In size. • Residential district : Maximum of four square feet in size. 2 . 5.5.6.2 . One ground or wall "For 6alc, 'L "For Rent, " er similar sign per street frontage for each parcel, er lot one acre or larger in size:- d Nonresidential districts: Maximum of 3-2 square feet in size. Residential di.Aricts: —Maximum o€ �3 square feet in size. j. 2.5.5. 6.3 . One on premises sign for model homes, armed in conjunction with a temporary use permit In any zoning district not to e_ square feet. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home designation. 2.5.5. 6. 4 . One on premises open house sign net to ___=ed four square feet in size. Cuch sign shall not be located within lB feet e€ any p-roperty line, r } & way er access casement. 2.5. 5.6. 5. Real estate signs shall be removed when ownership has changed er the property is ne longer €er pale, rent er lease. —A sign advertising that a property has been I: sold er leased shall not be displayed for more than 40 days after it is erected. 2. 5.5.7 . Bulletin beards and identification signs €er public, charitable, educational er religious - net;,-•.. s.,..,. located en the premises e€ said institute-ens and net exceeding 12 square feet in size. 2.5. 5.8. Traffic control and safety signs er other 1I municipal,- county, state er federal signs, legal notices, railroad crossing sign., danger signs and such temporary {{{ emergency signs when erected by an appropriate . 2 .5. 5.9. Holiday, seasonal, er commemorative decorations provided that such signs display no commercial advertising and provided that such s-iyns are not displayed for a period of more than GO days. 2 .5.5. 10. Window merchandise displays which are changed en a regular ba..is, meaning no leas -= - - - _ . 2 .5. 5. 11. Signs located at the entrance drive e€ residences +. located upon 2 .25 acre lots er greater, displaying the name and address e€ the resident, and not _..___a : g four square feet in area. 2 .5.5. 12. Flags er insignias e€ religious, charitable, fraternal er other nonprofit City, eettntyf-,- state er country flags that will be flown en a flagpole that does not exceed feet in height above finish grade er extend more than ten feet from any building they are attached te; are allowable 14 the number et flags displayed does not exceed these described in section 2 . 5.8. 1.7 and the flagpoles de not require a certified design er be sealed by a Florida registered engineer as described in section i! 2. 5.8 . 1. 7. I' 2 .5.5. 13. Advertising and identifying signs located en taxicabs, buses, trailers, trucks, er vehicle bumpers, a provided such sign dees not violate section •J. G.16 e-€ this eed-e-r 2.5.5. 14. Religious displays that de net constitute advertising. 2.5.5. 15. Painting, repainting er cleaning e€ an advertising structure, er ehanges which are determined to be less than a substantial improvement. 2.5.5. 16. Copy changes 4er shopping center, theaters, billboards er marquees that have routine ehanges e€ copy, er are specifically designed for changes of copy. 4-15.5.17. Construe j on signs. All supports for ouch signs shall be securely built,- een: ructed, and erected and shall . be located an the cite under construction and ne closer than . = _=- - - , . _ - - _ -he followings • 2.5.5-. 17.1. 'One ground er wad sign may be used as a construction sign by the general eentraeter e€ the dcvclopmcnt, within each front yard for each parcel less than one acre in size: Nonresidential districts: Maximum of square feet in size within eaeh front yard er a maximum e€ sguar feet of the permit board- Residential districts: Maximum of four square feet in size within eaeh front yard er a maximum e€ four square feet of the permit board. 2.5.5. 17. 2 . Gee ground er wall sign may be used as a con,truction sign by the general contractor e€ the development, within eaeh frJnt yard for eaeh parcel ene acre or larger in size: Nonresidential districts: Maximum of 3-2• square feet in • Residential distriets÷ Maximum of square feet in size within each front yard er a maximum e€ square feet of the permit board. 1 2. 5.5. 17.3 . Gee ground er wall sign may be used as a construction sign by each ee tractor; lending i-restitution, er other similar eempaey involved with the development, All zoning districts: Maximum ee four square feet within each front yard or a maximum e€ four square feet of the permit board. 2 . 5. 5. 17.4 . All construction signs must be remeved pier to the is—suance e€ certificate e-€ occupancy, er when 79 2. 5. 5. 18-- Cigna in conjunction with an approved temporary use permit.- Geo. 2.5_. 6 Prohibited signs. Tt shall be unlace-€el be erect, cause te be erected,- maintained er eause to be maintained, any sign net expressly authorized by-,- er exempted from this cede. The following 2.5. 6. 1. signs which are in violat-i-ee e€ the building cede or electrical code adopted by Collier County. 2.5. 6.2 . Abandoned sign,. . ; 2.5.6.3 . Animated ee activated signs-,- except time and temperature signs. 2.5.6.4 . Flashing signs. Electronic rcadar beams that de not flash on•and off are not flashing signs. 2 .5.6.5. Rotating signs. 2 .5 .6. 6. Illuminated signs in any residentially coned ee used district, except residential identific-at-ien signs, residential nameplates, and street signs that are illuminate by soft er muted light. Nonrc.ddcntial uses within residentially used er zoned district by provisional use, i 8 erd-inancc, er as otherwise provided for within the eening shall be allowed the use e€ illuminated signs-; subject to the approval e€ the community serviees administrator, or his designee. 2.5. 6.7. Signs located upen, within, ee otherwise encroaching upen county et- public rights--of way, except as may be permitted under the provisions e€ Ordinance (No. ] 82 41, as anen-d; and these erected by a geverftmental agency Editor's note— The above reference to Ord, Nee: apparently should be to Ord. Ne:- 82 91, Ord, Ne-- 84-94 is superseded by the ordinance codified in Cie e}-- 110, art. III. 2 . 5. 6.8. Billboard .. 2 . 5. 0. 9. &trip lighted signs. 2 .5.6.10. Neen type signs cxccpt within all commercial and industrial districts. �. • 2. 5 .6.11. . 2 . 5.6. 12 . 2 . 5. 6. 13 .- Cigns which resemble any official sign er marker erected by any governmental agency, er which by reason e€ po .ition, shape er color, weuld conflict with the proper function e€ any traffic sign e-r signal,- er be e€ a size, location, movement, content, color,- er illumination which may be reasonably confused with er construed as, er conceal, a traffic control device. state Iraw refer- nce Display e-€ unauthorized traffic signs, signals or markings, F.G. S31C.077. 2 . 5. C. 14 . Signs, commonly referred to as snipe signs, made e-€ any material whatsoever and attached in any way to a utility t. pole, tree, €e-nee post, stake, stick er any other object located er situated en e e-e private property, except as otherwise expressly allowed by, or exempted from this code. 2.5. 6. 15. Wind signs (except where permitted as part e€ section 2.5.8.2, Temporary signs) . 2.5.6.16. Any sign which is located adjacent to a county right of way w4-thin the wi-i earpo-rabed areas e-€ the county, which sign was erected, operated er maintained without the permit reed by section 2.5. 12 haying been issued by the community development services administrator er Is designee shall be removed as provided in .. cction 2.5.7. Such signs shall include but are not limited be structural signs, freestanding signs, (and) signs attached or affixed be 2.5.6. 17 . Any descripti-en er representation, in wr:atcvcr form, e€ nudity, sexual e•mduct, er sexual excitement, whei 2.5.6. 17 . 1. Is patently offensive be contemporary standards In the adult community as a whele with respect be w- . - - - -rial for minors) and 2 .5.0. 17 .2. Taken as a whole, lacks serious literary, artistic, political, r scientific value— 2 .5. 6. 18 . Any sign which: • • 2 .5. 6. 18. 1. Emits audible sound, vapor, smoke, er gaseous matter. 2 .5. 6. 18. 2. Obstructs, conceals, hides, er otherwise obscures from view any official traffic or government sign, signal, or device. 2 .5.6.10. 3. Employs motion, have visible moving parts, er gives the illcsien e€ mien (excluding time and temperature signs) . 2 .5. 6. 18 . 4 . Is erected er maintained se as be obstruct any fircfighti-:g equipment, window, deer, er opening used as a means e€ ingress er egress for fire e. capo purposes including 2 .5.6. 18.5. Constitutes a traffic hazard, or detriment be • traffic safety by reason e€ its size, location, movement, content, coloring, er methed e-€ illumination, er by ob,trueting er distracting the vision e€ drivers er pedestrians. 2.5. 0. 113. 0. Uses flashing er revolving lights, er contains the words •"Etop, " 'Look", "Danger, " er arty other words, phrase, symbol, er character in such a manner as be interfere Any sign which edvcrtisan er publicizes an activity not conducted en the premises upon which the sign is maintained, except as otherwise provided for within this code. i.G. 1�. He sign shall be placed er permitted as a principal use e any property, . in any zoning district except as follows: W—PIe signs, political signs, er signs approved by temporary - = et forth herein. 2.5.G.20. Pet- - - 2.5.6.21. Accent lighting as defined In this code, outlining doors and windows, er attached is columns and vertical 2.5.6.22. Accent i-ghting en walls of commercial buildings that abut residentially zoned parcels-: • (Ord. 4e- 02 73, § 4; Ord. #e- 03 89, § 3-; Ord-:- No-r- 04 27, 1§ 3, 5 18 94; Ord. No. 9-4 58, § 3, 10 21 94) Within elm months of enactment of Ordinance (No. ] 00 114 (January 47 1991) , ee as e the w se provided within section 2. 5 .9, all signs empress1y prohibited by section 2 .5.6, and tYr supporting structures, shall be removed within 38 days of the end of the amortization period, eel- In the alternative, shall be altered se that they ne longer violate sec ens 2 . 5. 6. Billboards with an original cost of $100.00 ee more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 2. 5.9. 3. 4 ' _ . • , , e a . a . • Ceo. 2 .5.8. Permitted _ gns. The following signs are permitted, upon is—suance of a 2 .5.8. 1. On premises signs. On premises pule signs, ground signs, projecting signs, mall signs, and mansar-d signs shall • be allowed In a-1 nenres-idcntially eened districts subject to the restrictions belew-:- 2.5.8.1. 1. Pule er ground sins: • parcels, chopping centers— office eemplemear business parks, ee industrial parks having frontage of 150 feet er more en a c street, shall be permitted one pole, er two ground sign.. —1-n addition, multiple occupancy parcels such as shopping eenteesT office complexes, business parks, er industrial parks eentaining 25,000 square feet er more of grass leasable €l arca will be permitted one directory sign with a maximum size ef 250 square feet for a single �— Maximum allowable sign er —1$8 square feet 4em e-aeh pe-le er ground signs, er a maximum combined area of 120 square feet -fee two ground signs, 4- £etbacks: 36 fact from any property line, public er p- e right of way, er easement,- with the eeecptien e€ directory signs which may be located • within the medians ef private streets er casements, provided their location presents no visual ebstr..ct;o.... er traffic hazards to motorists or pedestrians. a, HaxImem allowable height+ ZS feet. Height shall be measured frem the lowest centerline grade of the nearest pub-lie er private er easement to the uppermost portion of the sign structure. 4- The maximum sire limitation shall apps to eaeh sign structure-: -Peic er ground signs may be placed back to back, side by side, er in V typb construction with not mere than ene display en eaeh facing, and such sign structure shall be con.idcrcd as one sign. &- &pet er floodlights shall be permitted only where seeh spot er floodlight is nonrevolving and said light chines only en the owner's premises er signs and--away from any right of way. 2.5.8. 1.2 . gale or ground signs with-is regional chopping centers. One pole er ground sign is permitted for each regional shopping center having a frontage of ISO feet or mere en a pub-lie street. Additional pe-e er ground signs may be permitted provided that there is a misimum e a 1,000 foot • separation between seeh signs, and all setback requirements are mat. -1-n n-e ease shall the number of pole er greend signs meed two per street frontage. Additionally, ene directory sign with a maximum sic of 256 square fact will be permitted for a single entrance on each public street. Haximum allowable sign area+ 304 square feet, except for approved directory signs. 2 - £ctbacks: feet €-rem any property line, publie er private er easement, with the exception of directory signs which may be located wit is the medians of private streets er easement., provided their location presents no visual b truct� er traffic hazards to motorists er pedestrians. 3:- Iiaximum allowable height: S feet in height. Height shall measure from the lowest centerline grade e€ the ncarc.t public er private right of way or casement to the uppermost portion e€ the sign structure. 4- The mamimum size limitation shall apply to each structure. -Pole er ground signs may be p-laced beek to bae T side by side, er Is pe construction with not more than one display en each facing, and such sign structure shall be considered as one sign: • &-: &pet er floodlights shall be permitted only where such spot er floodlight 3s nonrcvolving and said light shines enly en the owner's premises er signs and away from any right of way. 2.5.8. 1. 3. Wall, mansard, canopy er awning signs. --One wall, mansard, canopy er awning sing shall be permitted for eaeh single occupancy parcel, er €er each establishment in a multiple parcel. Corner units within multiple eecupancy pereels, er double frontage single occupancy parcels shall be allowed twe signs, but such signs shall net be combined €er the purpose e€ placing the combined area en one wall. rPhe maximum allowable display area €er signs shall not be more than 24 percent e€ the total square footage e€ the visual facade of the building to which the sign will be attached and shall not in any ease emceed 2-58 square feet in area €re any sign. 2.5.8. 1.4 . Projecting signs. Projecting signs may be substituted for wall er mansard signs provided that the display area e€ the proieeting sign shall net exceed 6.9 • square feet of display arca. �- Projecting signs shall not project more than four feet from the building wall to which it is attached. 2- Projecting signs shall not extend above the 3- Projecting signs shall not project into the public right of way. 4- Projecting signs which project over any pedestrian way shall be elevated fte a heights e-€ eight feet above such pedestrian way. 2.5.8. 1. 5. 1 . Under canopy sign. --fit addition to any ether sign allowed by this code, ene under canopy sign shall be allowed for each e stabli.Ahmcnt in a shopping center. This . ign shall not exceed six square feet 4n area and shall be a minimum of fight feet above finished grade. 2.5.8.1. 5.2 , Aeeent lighting. -In addition to any other sign allowed by this cede, aeeent lighting may be allowed -1- }Fe more than twe tubes er strands e€ continuous • accent lighting will be allowed per wall e€ a structure,— 4- Accent lighting cannot exceed ene and ene-half aneh in diameter per tube or strand. • 3- Accent lighting must have the approval of the community development services administrater er his designee except as prohibited in section 2.5.6 of this code. Installation of accent lighting shall require a building permit. 4- Accent lighting must comply with the Collier County current electrical cede and must be installed by a licensed electrical sign contractor to an approved electrical source. 2 .5.8. 1.6. Sings within planned unit developments. -Sign classes and sizes for planned unit developments shall be the same standards found within this Bede -for the eefti-ng district the development most closely resembles, unless sueeh FUDs havb sign standards contained in the P-F1B doeume t-, and are 2. 5.8. 1.7. Flags. Residential properties that have been ____-mod a certificate of occupancy may display up to three city, county, state er country flags. Three city, county, state er country flags may be displayed at the entrance of a commercial, office, industrial er residential development:- Where these developments have multiple entrances any entrance may have up to three flags each, provided: the development is at least ten acres 4-n size, any entrance with flags is providing ingress-egress only off a roadway that is designated a collector er arterial in the tram: clement of the grewth management plan, and all entrances with flags are at least 444 feet apart. -Four additional flags may be displayed within a development provided the flags are not visible to mists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total e-€ 34 flags with the amount e-€ the proposed increase to he determined by the e mmunity develepment services administrator, provided: all proposed flags would not be visible to motorists along any frontage roadways and the eommunity development services administrator determines that the display of the extra flags i� essential to the theme and deign of the development. • All flagpoles with a height in excess of 3-5 feet above finish grade er that extend more than ten feet from any building that they are attached to shall be subject to the permit process. -As a condition of permitting, the flagpole founds-tn or attachment shall be designed by a Florida registered engineer en a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and scaling shall not be required where flagpoles are located at a distanee exceeding their height plus, five feet from all structure --except these designed solely for storage) , property boundaries; utility lines and poles, and pedestrian/vehicular aeeeszwaya and roadways open to the general pube er the residents ef that community. On single family er duplex lots flagpoles shall not exceed -2-8 feet In height above finish grade er emeeed 3$ feet in height abeve finish grade when located In the estates er agrieultural districts. For all ether lets-7 flagpoles shall net =_-___a 33 feet in height from the finish grade er extend more than -2-8 feet from any building be which they are attached. 2.5.3.2. Temporary signs: The erection of any temporary sign shall require permitting as established within section 2.5.12 of this Bede— Applicants €er temporary sign permits shall pay the minimum fee as required for a e a-nerd sign within the district.- Temporary signs shall be allowed subject be the restrictions imposed by this section and ether relevant parts of this code. 2.5.8.2.1. Political signs, Political campaign signs and posters shall be permitted subject be the -€ ng requirements: 4- Prior to the erection, installing, placing, er displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear an every sign er en the pole supporting the sign. The fee said bulk permit shall be as adopted by resolution by the beard of county commissioners. 4- Political campaign signs or posters within residentially caned or used property shall not xced=d four square feet in siec, and shall not be located closer than five feet be any property line. Political signs piaeed within residential districts shall require written permission from the property owner. 3:- Political campaign signs er posters will be permitted in all ether coning districts within a maximum espy area of 49 square feet per sign, and shall be lo ated ne closer than 33 feet to any property line. The number of such signs shall be limited to bwe signs for each lot er parcel per 4-= All stpperts shall be securely built, constructed and erected be arm with the requirements of this code. 8— The maximum height of- any political campaign sign er pester, accept those that may be affixed be a wall, shall be limited to eight feet. 6- Political signs shall be erected net more than 68 calendar days prior be aft election er political event, and shall be removed within eve calendar days after the election, event, er after the 2.5.0.2.2 . Construction signs. --One temporary on site construction sin may be permitted €er each parcel, identifying the name of the development, company and general contractor, and other pertinent similar information, Leh shall be removed at the time a certificate e€ eeeepaney 3s issued for the building er structure, er when 48 percent e€ a residential development Is constructed and shall net exceed -- Residential, industrial, business park, eemmere-ial and institutional developments within a14 toning districts over ten acres -in size: A temporary sign not te exceed - G sure feet at each street • frontage. Temporary construction signs shall be located not 2 .5.8.2. 3 . Grand opening signs. -in occupant may display an on-site grand opening sign not exceeding 3-2 square feet en a side, and not exceeding 64 square feet total. The banner sign steal-3 be anchored and may be displayed on site €er a period not exceeding -14 days within the first three months that the occupant is open for business. 2 . 5.8.2 . 4. Special events signs. -A special events sign not _x_eedin gg 44 seleare feet In size may be displayed to a-ene-nee er advertise such temporary uses as fairs, _a' s, circuses, revivals, sporting events, er any public, charitable, educational (event. such sign shall be located ne closer than) ass feet to any property line. Such 2.5.8.2 .5. Farm signs (on site) . One temporary pele er ground sign identifying the farm, farm organisation; e trance er gate not exceeding 44 square feet This sign shall be used to identify temporary agricultural offices se as to expedite the exportation e€ crops to various part e€ the county. ouch signs shall be permitted for a periled not to exceed 44 days and may be issued only twice In any calendar year. Such signs shall require a building permit. 2 . 5.8.2. 6. Real estate signs. One temporary on site ground er wall "For Cale, " "For Rent, " er similar sign within each front yard for each parcel er lot in excess e€ ten aeres in size, may be erected subject to the following. 1- Residential, industrial, business park, commercial and institutional developments within all zoning districts. • 3-: A maximt.rm of 66 square feet In size within each front yard. 3- Real estate signs shall not be located a- loser than 15 feet from any property life-: 4,- steal estate signs up to 69 square feet are allowed for medel homes subject to the ether requirements of thi.. subsec - -5,- Real estate signs shall be removed when ownership • has ehange -7 the property Is ne Fenger €er sale, rent er lease, er the merle] heme Is ne lenger being used as a model home. A sign advertising that a preperty has been se- d er leased shall. not be displayed fer more than 34 days after it is erected. 2.5.8.3 . Special purpose signs (on site) . -Due to the unique and varied nature e€ the following __ s, additional signs may be required to provide the desired level e€ service to the public. Special purpose signs shall be allowed subject to 2. 5.8.3 . 1. Theater signs (on site) . -In addition to the signs otherwise permitted by this cede-;- ahter shall be permitted a changeable message sign, the surface e€ which shall not teed 484 square feet In area. Such sign shall require a building permit. 2. 5.8.3.2 . Automobil-e service stations. -In additien to the signs otherwise permitted by this cede, automobile service stations shall be permitted ene changeable message sign not to emceed ten square feet in area for the purpose e€ displaying gasoline prices only. Such sign shall be affixed to the structure e€ a pele en the property. Such sign shall require a building permit. 2.5.6. 3. 3 . Time and temperature signs= --sne time and temperature sign having a surface arca not exceeding 48 square feet shall be permitted at each i a•,� -7 commercial er other non rc.identially send property. Such signs may be affixed to the structure e4 a pe4_-e er ground sign. Such sign shall require a building permit. 2.5. 8. 3.4 . Residential directional er identification sign.. Directional er identification signs ne greater than four square feet in size, and located 4 e—na•l to the subdivi ion er development may be allowed subject to the approval e€ the community development cervices administrator, er his designee. Such signs shall envy be used to identify the location er direction e# approved uses such as models er model sales centers, six feet in height, and 44 square feet In area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, section 2. 2 .21.1 and 2 .2.21.6.2. 2. 5.8.3.5. Commercial, business park and industrial directional er identification signs. Directional er identification signs ne greater than six square €ee-t size, and located internal to the subdivision er development, may be allowcd subject to the appre el e€ the community development services administrator, er his designee. Such sign shall only be used to identify the location or direction • e€ approved uses such as sales centers; information centers, er the individual components e€ the development. Directional • er identification signs maintaining a common architectural theme may be combined into a single sign net to emceed six feet in height, and 66 square fcct in ate, Cuch signs shall require a building permit. -Far cignage to be leeated aleng the Golden Gate Parkway, see division 2.2, seetiens 2.2.21. 1 2.5.8.4. On .prcmisca signs within residential districts. Two ground er wall residential entrance er gate signs may be located at each entrance t•e a multifamily, single family, me home er recreational vehicle park subject to the following requirements: 2.5.8.4 . 1. Gue3 ..igns shall contain only the name e€ the subdivision, the insignia er motto e€ the development and • 2 .5.8 .4.2 . The ground er wall signs shall net exceed a -� d area e-€ 68 square feet, and shall net exceed the height er length e€ the wall er gate upon which it is located. 2 .5.8 .5. On premises signs within agricultural distrietT On premises signs shall be permitted within agriculturally eened or used property, for uses defined within the Collier County zoning ordinance and and subject to the following restrictions: 2. 5.8.5.1. One pole er ground sign identifying the farm erganlectien-7 located at the entrance or gate e€ each street frontage, and only- for permitted agricultural uses. 1- The maximum allowable sign arca for each pee er ground sign shall not e=xceed square feet, and shall be located a minimum e€ 1-5 feet from any property lines, pub e er private rightf-;way er casement. 2.5.8. 5. 2 . One U Pie sign located at the entrance or gate of each street frontage. 1, The maximum allowable sign area for each U-Pie sign shall ::et _..___d 3-0 square feet,- and shall be located a minimum e-€ 15 fact from any property line, public or private right of way or casement. 2.5.8 . G. Wall, mansard, canopy er awning signs within • agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally eened er used property, for agri commercial uses defined within the Collier County zoning ordinance only, and subject to the following rc.trictions: 2.5.8.6. 1. One hall er mansard, canopy er awning sign shall be permitted for each principal use structure en the parcel. Corner pare -1s er parcels shall be allowed ene sign per street frontage, but such signs shall not be combined far the purpose e€ placing the combined area on one wall. The maim allowable display area €er any sin shall net be mere than GA percent e€ the total square footage e€ the mall to which it Is affixed, and shall not in any ease exceed 2-58 square fcct In 2 .5.8.7 . Off premises directional signs. -Gff premises directional signs are permitted subject to review and appreva-I e# the design and location e€ such signs by the community development serview. administrator, er his designee, if the following requirements arc met: 2.5.8.7. 1. Gff-premises directional signs shall only be permitted in nonresidentially zoned, er agrieultural districts. 2.5.8.7 .2 . Ne more than twe off premise directional signs shall be permitted, identifying the location and nature e4 a building, structure, er use which is not visible from the arterial roadway serving . eh building, struetur-ems er uses, provided: Each sign 3s not more than 3-2 square feet in area with a single faced display area only. Double faced signs shall not be permitted. -- The sign Is not more than eight feet in height • abeve the lowest eente`r grade e-€ the arterial roadway. 3r The sign --s located ne closer than 4-5 feet to any property line. • 4-r The applicant must submit with the permit application notarized • itten permiss-ion from the preperty-where the off site sign is located. &-r The e-ign shall only be located within 1,004 feet e€ the intersection e€ the arterial roadway serving the building, structure, or use • 2 . 5.8. 7. 3 . Off pre_--_-__ directional signs shall net be located closer than 559 feet from a residentially coned district. 2 .5.8.7.4. Off premises directional signs shall net be located closer than -a49 feet 4-rem another oft premises directional sign. 2 .5.8.8. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local cedes and regulations. further, lighted signs shall: be shielded -in such a manner as to produce ne glare; hazard er nuisance to motorists er occupants e€ adjacent properties; not be reflective er phosphorescent; have a steady nonfluctuating er nan-undulating light source. • • (Ord. Ne-- 02 73, S GI- Ord. Ner 03 39, S 3y Ord-r Ne-r 0-4- 27, S 3, rs 1394; 8r4-: Ner 04 53, S 3; 10 21 94; Ord. Ne-r 0-5 31, S 3, 4 113 95) &co. 2.5. 9. tisting signs not expressly p__hb_t=d by this eede and not con€orming te Its provisions shall be regarded as 2.5.9.1. The following signs; and sign structures shall be removed er made to conform te this Bede within 49 days from the effective date thereof: 2.5.9.1. 1. &igns made e€ paper, cloth, er other 2.5.0 . 1.2 . All temporary .,igns. 2. 5 .0. 1. 3 . ' These signs described in sections 2.5.6.7, 2 .5.6. 13, 2. 5. 6.14 , 2.5.6. 17, and 2. 5.6. 13. 2-5,-4- Nonconforming on premises permanent signs. All permanent nonconforming on premises signs, and sign structures shall be removed, or made te comply with the requirements ef this ordinance within three years from the • date upon which the sign beeame fteneenfer g under Ordinance No-. 90 114 (December 27, 1900) . 2. 5.9.3 .- Nonconforming off-premises ssigns. All nonconforming off premises signs, and sign structures having an original cost er value e€ $100.00 er more may be 2. 5.9.3 . 1. Two years from the date upen which the sign became nonconforming under Ordinance Ne- 00 114 (December 2-71-; );-or • 2.5.9.3. 2. A per-ied e€ three te seven years from the effective date of Ordinance Ne- 00 114 (December -247 1990) • Permitted Years from Cign Cost/Value Effective Date of Code $100.00 to $1, 000.00 $1, 001.00 to $1, 000.00 4 4:300-1.00 to $40-70-40-r00 5 More than $10,000.00 4 2.5.0.3 . 3. Any owner e€ an eff p__m-___ sign whe requests an amortieati•on period longer than we years shall, with-in ene year from the date e-€ enactment e€ these r gu _tion register the sign wIth the community development cervices administrator, or his designee. —The following information shall be provided at the time e€ registration: the cost ew value, whichever Is greater, e€ the sign; the date e€ erection; or the cost er value. and date of the most recent renovation; a phetegraph e€ the sign er signs and their supporting struct4 -rer not less than five inches by seven -ch,.c in size; and a written agreement to remove the sign at er before the expiration e-€ the amortization period applicable to the sign. -The eff-r--�..--se owner's signature shall be witnessed before a notary publice en all i cquests €e-r extended amortizations. -A registration fee e€ Ceo. 2.5.10. -- - -• Subject to the limitations imposed by section 2.5- ) e€ this eede; a nonconforming sign be continued and shall bb maintained In geed condition as rcquircd by this code, but shall not be: 2 .5.10. 1. Structurally er mechanically extended er altered to further the nonconformity, except In cases where it has been determined that there exists imminent danger to the public safety. 2 .5. 10. 2 . Repaired er rebuilt when dcstroycd er damaged to the extent e€ r8 percent er more e€ its replacement value, excel. 2.5.10. 3. A nonconforming permanent on premises er • off premiscs sign shall not be replace by another nonconforming sign except that substitution er interchange e-€ letters, pester panels, and painted boards, er dismountable materials en nonconforming signs shall be permitted through • the period of nonconformity c..tabliched by this code. 2. 5.10.4. Continued an use when any land use to which the sign pertains has ceased for a period e€ 3-0 consecutive days, or has otherwise changed. 2.5. 10.5. Nonconforming status shall not be afforded to any sign erected without the required permit issued by the county, state, er any federal agency either before er after the enactment e€ this eedeT er to any preexisting signs whieh have been illegally installed, constructed, p-heed er maintained. Ccc. 2 .5.11. Variances. The beard e€ zoning appeals may grant a variance from the terms e • this cede as will not be contrary to the public interest when owing to epee-i-al conditions a literal enforcement of the provisions e€ this Bode would rc ult n __._.-T—ary and undue hardship. -411 order to grant any variance from the terms e€ this code the board must find: 2.5. 11. 1. That special conditions and circumstances exist which are peculiar to the land, structure er building involved and which are not applicable to ether lands- structures or buildings similarly situated: 1 2.5. 11.2. That the special conditions and circumstanees de not result frem the actions of the applicant; 2.5. 11.3 . That granting the variance requested will net confer en the applicant any special privilege that is denied by this cede to other lands, buildings er ^t•- •e' •-ee similarly situated; 2.5x11:4-. That a literal interpretation of the previsions e€ the Bede would deprive the applicant e€ rights eemmenly enjoyed by ether properties __-.._'_;==y situated undo the terms e€ the Bede and would work unnecessary and undue 2.5.11.5. That the variance granted is the minimum variance that will make possible the reasonable use e€ the land, 2. 5.11.G. That the grantin e€ the variance will be In harmeny with the general intent and purpose e4 this Bede and that such variance will not be injurious to the area involved ..he public welfare; 2.5. 11.7. .1-n granting any variance, the beard e€ toning appeals may prescribe the following: 2.5. 11.7 . 1. Appropriate conditions and safeguards in ftfe~m4- y with this Bede er other applicable county erdinanees, - Violation e-€ such conditions and safeguards, when made a part of the terms under which the variance is • • 2. 5. 11.7. 2 . A reasonable time limit within whieh the -gin for which the 'iariance [is] required shall be begun er completed or both. Geo-. 2.5. 12 .• Permit applications. 2 .5. 12.1. General. Any person wishing to eree-- place, rebuild, reconstruct, relocate, alter, er change the sign eepy -(see section 2. 5. 5. for exceptions) ef any sign shall apply for and reeeive a building permit ii accordance with Resolution 01 642, prior to the eemmeneement of any work. --A building permit will be 4-sued by the eemmenity development services administrator, er his designee, prev-ided that all permit requirements of the Bede and all other applicable provisions e-€ Collier County's ordinances and regulations 2. 5. 12.2. Permit fees. —A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5. 12.3. Perm, Every application for a building permit shall be in writing upen forms be be furnished by the community development cervices administrator, er his designee. 2.5. 12. 4. Application contents. -In girder to obtain a permit t-e e- ee p-lace, rebuild, reconstruct, releeate, alter or change the sign eepy e any sign under the provision of this code, an applicant shall submit to the building official a building pert application which shall set forth in writing 2- 5. 12.4 . 3. The name, address and tclephene number of the: -(-a-y owner and lessee of the sign and -(b•}- sign contractor or erector of the sign. 2.5.12.4 . 2. The legal description and the street addro of the property upon which the sign is to be erected. 2.5. 12.4 .3. The dimensions of the sign including height. • 2.5. 12 .4 .4 . The copy to be placed on the face of the sign. 2. 5. 12.4 . 5. Other information required in the permit application forms provided by the community development services administrator, or his designee; ifteluding twe copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pale sign.., ground signs and directory signs eft the subject parcel. 2 .5. 12.4 . 6. Two blueprints or ink drawings; certified by a Florida registered engineer, of the plans and specifications and method of construction and attachment to the Ong er the ground fro all pole signs and all projecting signs; and • 2.5. 12. 4 .7. 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 lead of the sign er separate part thereof under wind lead conditions of. the approved Collier County Building Cede Ordinance (Code § 22 10G et seq. ) , weed Ordinance (Code eh- 6-22— art. II) , and the Coastal Building • Zone Ordinance [C-ode eh— ZZT art. VIII) . any such sign er separate part thereof which is not mounted flush with the surface and which weighs more than ZO pounds shall have a Florida registered engineer design the mounting er fastening system and depict the system en signed and sealed drawings 2.5.12.4 .0. If the sign er sign copy 4:-s to be illuminated er electronically operated, the technical means by which this is to be accomplished. 2.5.12.4.9. The permit number shall be displayed er affixed at the bottom e-€ the sign fare and shall have the same life expectancy as the sign. Cuch pert-it number shall be clearly legible to a person standing five feet in front e€ the base of the sign and in no case shall the permit number be leaf- than one half inch in size. - i 2.5. 12.5. Empiratien e€ permit. Building permits shall ewe and beeeme null and void if the work authorized by such permit 3s not eemmeneed and inspected within si- months from the -date of issuance of the permit- (Ord. No. 92 73, S 2) C e o. 2.5.13. E_f roe ... 2.5.13. 1.- Central. --He sign shall hereafter be erected, • placed, altered er moved unless in conformity with this Bede. All signs located within Collier Gelanty shall eemply with the 2.5. 13. 1. 1. The issuance e€ a sign permit pursuant t-e the requirement-s e# this cede shall not permit the construction er maintenance e€ a sign, er structure in violation e€ any Z. 5. 13. 1. 2 . All signs €er which a permit is required shall be subject to inspections by the county manager, er his designee. The county manager er his designee, 3s hereby authorized be enter upon any property er premises to ascertain whether the provisions ef this cede are being adhered te- -Bach entrance shall be made during business • hours, unless an emergency exist,. The county manager, er his designee, may order the oval e€ any sign that is net -in compliance with the provisions e€ this code, is improperly maintained, er which would constitute a hazard to the pub-lie health, safety, and welfare. 2 .5.13. 1. 3. The community development services admini.trator, er his designee, shall be charged with • 2 . 5.13 .2. Enforcement procedure. Whenever, by the provisions e-f this eede the performance of any act is • required, er the performance of any act is prohibited, a failure to comply c:ith su-eh provisions shall constitute a • violation of this code. 2.5. 13 .2 . 1. The own-erg tenant, and/or occupant e-f any land er structure, er part thereof, and any architect, builder, eontractor, agent, er other person who knowingly participates a-si,t,, directs, creates, er maintains any situation • • that is contrary to the requirements ef this eede may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2.5.13.2.2. Where any sign er part thereof violates this • code, the compliance service manager er hi-s designee, may • in,titutc any appropriate action er proceedings to prevent, re.,train, correct,- or abate a violation e€ this code, as provided by law, including prosecution before the Collier County cede enforcement beard against the owner-= agent, • lessee, er other persons maintaining the sign, er owner, er lessee of the land where the sign is located. • • 2.5.13.2.3 . a sign 3s In ouch a condition as to be In danger of falling, or Is a menace to the safety of persons or property, er found to be an ImmedIate and serious danger to the pub-11e because of Its unsafe condition, the provisions of section 2301.G of the £tandard Building Code, as adopted by Collier County shall govern. 2.5.13. 2.4. Compliance cervices shall immediately remove all violative signs located in er upon pure rights of way or 2. 5.13 .3 . renaltics. -- -# any person, firm or corporation whether pubic an private, an other entity fails or refuses to obey an comply with an violates any of the provisions of this code ouch person-i- firm corporati-en; or other entity, upon conviction of such offense, shall be guilty of a misdemeanor ga and shall be punished by a fins net to (,500.0G an by imprisonment not to e--__c4 69 days in the county jail,• an both, In the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation e frothing hereIn contained shall prevent or rc..trict the county from taking such ether lawful action 1n arty court of competent jurisdiction as Is necessary to prevent or remedy any violation er noncompliance. Euch other lawful actions shall -include, but shall not be limited te; an equitable action for injunctive- relief or an action at last for damages. Further,- nothing In this section shall be eonstrucd to ( . : prohibit the county from prosecuting any violation of this cede by means of a eerie enforcement beard c..tablishcd i pursuant to the authority of P.E. ch. 162. (Ord. No. 02 73, S 2) state lair reference Penalty for ordinance violations, 125.69. DIVISION 2.S, SIGNS Sec. 2.5.1. Title and citation. This division shall be known and may be cited as the "Collier County Sign Code." Sec. 2.5.2. Applicability. This division shall apply to and be enforced in all unincorporated areas o€ Collier County, Florida. Sec. 2.5.3. General finding. Increased numbers and sizes of signs, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of signs degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. SRC. 2.5.4. Purpose and intent. It is the intent and purpose of this sign code, and it shall be interpreted, to implement the goals, policies and objectives of the growth management plan and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling signs which are intended to communicate to the public, and to authorize the use of signs which are: I. 2.5.4.1. Compatible with their surroundings. 1 2.5.4.2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 2.5.4.3. Appropriate to the type of activity to which they pertain. 2.5.4.4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation. 2.5.4.5. Reflective of the identity and creativity of the individual occupants. 2.5.5. Permitted Signs: 2.5.5.1. Signs within Residential Zoned Districts and as Applicable to Residential Designated Portions of PUD Zoned Properties: 2.5.5.1.1. Development Standards 1. Maximum allowable height; All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of 8 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. Words struck through are deleted; words underlined are added. -2- • 2. Minimum setback: All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in Section 2.1.13, 2.5.5.1.2. Real Estate Signs: The following signs classified as real estate signs shall be permitted in residential districts subject to the following: 1. One ground or wall "For Sale." "For Rent," or similar sign. with a maximum of 4 square feet in size, per street frontage for each parcel, or lot less than one acre in size. Said sign shall be located no closer than ten fleet (10') from any adjacent residentailly used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) 2. One ground or wall "For Sale, " "For Rent," or similar sign, with a maximum of 12 square feet in size, per street frontage for each parcel, or lot one to ten acre in size.'(No building permit required.) 3. One ground or wall "For Sale, " '_For Rent, " or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size.4.Real estate Said signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the Planning Services Director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the Board of Zoning Appeals through the variance process. 4. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. 5. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.1.3. Model home signs: One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. (No building permit required.) 2.5.5.1.4. Construction Signs: All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: 1. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) 2. One ground or wall sign, with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as 1 Words struck through are deleted; words underlined are added. -3- a permit board, within each front yard for each parcel one to 10 acre in size. (No building permit required.) 3. One ground or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of 10 acre in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other • similar company involved with the development, regardless of parcel size. (No building permit required.) 2.5.5.1.5. Residential directional or identification signs. Directional or identification signs no greater than four square feet in size, and located internal to the subdivision or development may be allowed subject to the approval of the Planning Services Director, or his designee. Such signs shall only be used to identify the location or direction of approved uses such as models or model 'sales centers, club house, recreational areas, etc. . These signs may be clustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet, Such clustered signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, section 2.2.21.1 and 2.2.21.6.2. 2.5.5.1.6. On-premises signs within residential districts. Two ground or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: 1. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a fifteen foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in Section 2.6.11. 2. The ground or wall signs shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. 2.5.5.1.7. Conditional Uses within the residential district. 1. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet. Corner lots are permitted 2 such wall signs. 2. Conditional uses within the residential district with a street frontage of 150 feet or more and a land area of 43560 square feet or larger are permitted a ground sign with a maximum area of 32 square feet. 3. 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. (No building permit required.Z 4. The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. Words struck through are deleted; words underlined are added. -4- ry. • 2.5.:..2. Signs Within Non-Residential Districts: 2.5.5.2.1. Development Standards 1. Maximum allowable height: All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of 8 feet. except wall or pole signs, or as otherwise provided for within this Section. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. 2. Minimum setback: All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in Section 2.1.13. 2.5.5.2.1. Real Estate Signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: 1. One ground or wall "For Sale, " "For Rent," or similar sign with a maximum area of 12 square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) • 2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acre in size. (No building permit required.) 3. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size.4. Real estate Said signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line, the Planning Services Director may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the Board of Zoning Appeals through the variance process. 4. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 5. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.2.2. Construction signs: All supports for such signs shall be • • •/ f • . l• • !• : l. • • - • Of ! _ !• construction and no closer than 15 feet from any property line, and subject to the following: 1. One ground or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size. (No building permit required.) • I Words struck through are deleted; words underlined are added. -5- 2. One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acre in size. (No building permit required.) 3. One ground or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board within each front yard for each parcel in excess of 10 acre in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (NPR) 6. All construction signs must be removed prior to the issuance of certificate of occupancy. 2.5.5.2.3. On-Premise Signs. On-premise pole signs, ground signs. proiectinq signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.2.3.1. Pole or Ground Signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole, or two ground signs. In addition, multiple- occupancy parcels such as shopping centers, • office complexes, business parks, or industrial parks containing 25, 000 square feet or more of gross leaseable floor area will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. 1. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs, except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in Section 2.1.13.,and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15 foot setback from all project boundaries and public right-of-ways and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians., unless otherwise noted below or as provided for in Section 2.1.13. 3. The 15 foot setback requirement may be administratively reduced by a maximum of 10 feet by the Planning Services Director upon submission of the • administrative variance fee and a written request. The Planning Services Director's decision to reduce the required 15 foot setback shall be based on the following: • • AL where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; Words struck through are deleted; words underlined are added. -6- b) where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15 foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress: c) where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d} the extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. I 4. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.1. , which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing„ and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolvinq and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3.2 Pole or ground signs within regional shopping centers: One pole or ground sign is permitted for each regional shopping center having a frontage of 150 feet or more on a public street. Additional pole or ground signs may be permitted provided that there is a minimum o a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. Additionally, one directory sign with a maximum size of 250 square feet will be permitted for a single entrance on each public street. 1. Maximum allowable sign area: 100 square feet. except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way, or easement, unless otherwise noted below or as provided for in Section 2.1.13., and 'with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a • 15 foot setback from all project boundaries and public right-of-ways and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. 1. Maximum allowable sign area: 100 square feet for each pole or ground signs, or a maximum combined area of 120 square feet for two ground signs. except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of-way. or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a • 15 foot setback from all project boundaries and public right-of-ways and easements, and their location presents no visual obstructions, or traffic hazards to motorists or pedestrians. ' Words struck through are deleted; words underlined are added. -7- { 3. The 15 foot setback requirement may be administratively reduced by a maximum • of 10 feet by the Planning Services Director upon submission of the administrative variance fee and a written request. Where the Planning Services Director approves such a reduction, the height of the sign shall be reduced by an amount equal to the amount of variance being requested. The Planning Services Director's decision to reduce the required 15 foot setback shall be based on the following: a) where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reductiora in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) where due to the existing site conditions and improvements, it can be • demonstrated that adherence to the required 15 foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) the extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.3.2., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground • signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. - I 6. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolvinq and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3.3. Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple occupancy parcels. or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall. In addition, outparcels within shopping centers may by allowed one additional wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not • exceed the maximum allowable display area for signs by this code. • Words struck through are deleted; words underlined are added. -8- E, where it can be demonstrated that within the adiacent right-of-way the area between the property line and the edge of pavement is excessively wide and that • the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b�.. where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required 15 foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; 1 where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, • 41 the extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 4. Maximum allowable height; 20 feet in height, Height shall measure from the lowest centerline grade of the nea:est public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing, and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is nonrevolving and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3.3. Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. Corner units within multiple occupar; :v parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs ;• shall not be combined for the purpose of placing the combined area on one wall., In addition, outparcels within shopping centers may by allowed one additional • wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet, are allowed 3 wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. ■ I Words struck through are deleted; words underlined are added. -9- 1. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case, exceed 250 square feet in area for any sign. • 2.5.5.2.3.4. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. Projecting signs shall not project more than four feet from the building wall to which it is attached. 2. Projecting signs shall not extend above the roofline of the building to which it is attached. 3. Projecting signs shall not project into the public right-of-way, 4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. • 2.5.5.2.3.5 Under-canopy signs. In addition to any other sign allowed by this code, one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2.5.5.2.3.6 Accent lighting. In addition to any other sign allowed by this code, accent lighting may be allowed subject to the following requirements: 1. No more than two tubes or strands of continuous accent lighting will be allowed per wall of a structure. 2. Accent lighting cannot exceed one and one-half inch in diameter per tube or strand, and shall not be used to outline doors and windows, or attached to columns and vertical corners of structures. 3. Accent lighting must have the approval of the community development services administrator or his designee except as prohibited in section 2.5.7 of this code. Installation of accent lighting shall require a building permit. • 4. Accent lighting must comply with the Collier County current electrical code and must be installed by a licensed electrical sign contractor to an approved electrical source. • 2.5.5.2.3.7. Sian.) within Planned Unit Developments (PUDs} . Pursuant to the purpose and intent of this Division, creative, flexible and uniform • comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. a• Words struck through are deleted; words underlined are added. -10- 2.5.5.2.3.8. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non-commercial flags may be displayed at the entrance of a commercial, office. industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the Planning Services Director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the Planning Services Director determines that the display of the extra • flags is essential to the theme and design of the development. 1. All flagpoles with a height in excess of 15 feet above finish grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment el:all be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be require,: where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage) , property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. 2. On single-family or duplex lots flagpoles shall not exceed 20 feet in height above finish grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the finish grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or • Conservation districts flagpoles shall not exceed 25 feet in height above finish grade. For all other residential zoned lots, flagpoles shall not exceed 35 feet in height from the finish grade or extend more than 20 feet from any building to which they are attached. In all other zoning districts, flagpoles shall not exceed 80 feet in height from the finished grade, or extend more than 20 feet from any building to which they are attached. 2.5.5.2.3.9. Temporary signs. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this code. 2.5.5.2.3.9.1. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: Words struck through are deleted; words underlined are added. -11- 7 1. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners.. 2. Political campaign ?signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign, and shall,,be, located no closer than 15 feet to any property line. The number of such signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. 4. All supports shall be securely built, constructed and erected to conform with ] the requirements of this code. 5. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. 6. Political signs shall be erected not more than 60 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. 2.5.5.2.3.9.2.. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total, The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.3.9.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public. charitable, educational event. Such sign shall be located no closer than] 15 feet to any property line. Such signs shall require a building permit. 2.5.5.2.3.10. Special purpose signs (on-site) : Due to the unique and • varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.3.10.1. Theater signs (on-site) , In addition to the signs otherwise permitted by this code, a theater shall be permitted a changeable message sign. the surface of which shall not exceed 100 square feet in area. Such sign shall. require a building permit. • Words struck through are deleted; words underlined are added. -12- i 4 2.5.5.2.3.10.2. Automobile service stations. In addition to the signs otherwise permitted by this code, automobile service stations shall be permitted one changeable message sign not to exceed ten square feet in area for the purpose of displaying gasoline prices only. Such sign shall be affixed to the structure of a pole on the property. Such sign shall require a building permit. 2.5.5.2.3.10.3. Time and temperature signs. One time and temperature sign having a surface area not exceeding 18 square feet shall be permitted at each industrial, commercial or other non- residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.3.10.4. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, and located internal to the subdivision or development. may be allowed subiect to the approval of the Community Development and Environmental Services Administrator, or his designee, Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be. combined into a single sign not to exceed six feet in height, and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2, sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. 2.5.5.2.3.11. On-premise signs within agricultural districts. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subiect to the following restrictions: 2.5.5.2.3.11.1 One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage and only for permitted agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet, and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.3.11.2. Seasonal Farm signs (on-site) . One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area. This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.3.11.3. U-Pic Signs. One U-Pic sign located at the entrance or gate of each street frontage. The maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or easement. ' Words struck through are deleted; words underlined are added. -13- 2.5.5.2.3.11.4. Wall, mansard, canopy or awning sign* within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 1. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel, Corner parcels or double-frontage parcels shall be allowed one sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowabl- dis.la a ea or -n si•u al not b mo e t at 0 .er en of the total square footage of the wall to which it is affixed, and shall Pot in any case exceed 250 square feet in area per sign.. 2.5.5.2.3.12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the Community Development and Environmental Services Administrator, or his designee, if the following requirements are met:. 1. Off-premises directional signs shall only be permitted in nonresidentiallv zoned, or agricultural districts. 2. No more than two off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible 0 from the arterial roadway serving such building, structure, or uses, provided: 1. Each sign is not more than 12 square feet in area with a single-faced display area only. Double-faced signs shall not be permitted. 2. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3. The sign is located no closer than 15 feet to any property line. 4. The applicant must submit with the permit application notarized written permission from the property where the off-site sign is located. 5. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. 3. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. 4. Off-premises directional signs shall not be located closer than 100 feet from another off- premises directional sign. Words struck through are deleted; words underlined are added. -14- 2.5.5.2.3.13. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further. lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; not be reflective or phosphorescent: have a steady nonfluctuatinq or nonundulatinq light source, fOrd. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27,_ § 3, 5-1894; Ord. No. 94-58, § 3, 10-21-94: Ord. No. 95-31, § 3, 4-18-95) Sec.2.5.6 Signs exempt from permitting. 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: - ± 2.5.6.1. Signs required to be maintained or posted by law or governmental order, rule, or regulation. ' 2.5.6.2. On-premises directional signs, not exceeding four square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are costed. 2.5.6.3. One identification sign, professional nameplate, or occupational j sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's professional [professional) or specialty and/or the { street address of the premise. 2.5.6.4. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 2.5.6.5. "No Trespassing, " "No Dumping, " or other prohibitory or safety type, signs, provided each sign does not exceed two square feet in size. 2.5.6.6. One ground or wall "For Sale, " "For Rent," or similar sign per street frontage for each parcel, or lot less than ten acre in size. { 2.5.6.7. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. 2.5.6.8. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within 15 feet of any property line. right-of-way or access easement. 2.5.6.9. 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. • 2.5.6.10. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. Signs shall be oriented along the fence or wall to face the fieldfs) or playing area, and away from any adjacent public or private roads. I Words struck through are deleted; words underlined are added. -15- 2.5.6.11. Traffic control and safety signs or other municipal, county. state or federal si-ns le-al notices railroad crossin• sins da •er si-ns and such temporary emergency signs when erected by an appropriate authority. 2.5.6.12. Holiday: seasonal, or commemorative decorations provided that such signs display no commercial advertising and provided that such signs are not displayed for a period of more than 60 days. 2.5.6.13. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. 2.5.6.14. Window signs not exceeding 25 percent of the total window area. 2.5.6.15. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater, displaying the name and address of the resident, and not exceeding four square feet in area. 2.5.6.16. Flags. or insignias of governmental, religious, charitable. fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finish grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed •l by a Florida registered engineer as described in section 2.5.5.2.3.8. 2.5.6.17. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 2.5.7 of this code. 2.5.6.18. 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. 2.5.6.19. Religious displays that do not constitute advertising. 2.5.6.20. Painting, repainting or cleaning of an advertising structure, or changes which are determined to be less than a substantial improvement. 2.5.6.21. Copy changes for shopping center, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. 2.5.6.22. One ground or wall sign may be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acre in size. 2.5.6.23., Temporary signs in coniunction with an approved temporary use permit., Words struck through are deleted; words underlined are added. -16- Sec. 2.5.7. 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: 2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier County.. 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs, except time and temperature signs. 2.5.7.4. Flashing signs. Electronic reader boards that do not flash on and off are not flashing signs. 2.5.7.5. Rotating signs. 2.5.7.6. 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 district by provisional use, PUD ordinance, or as otherwise provided for within the zoning ordinance, shall be allowed the use of illuminated signs, subiect to the approval of the community services administrator, or his designee. 2.5.7.7. 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. 2.5.7.8. Billboards. 2.5.7.9. Strip lighted signs. 2.5.7.10. Neon type signs except within all commercial and industrial districts. 2.5.7.11. Roof signs. 2.5.7.12. Portable signs. 2.5.7.13. Signs which resemble any official sign or marker erected by any governmenta] agency, or which by reason of position, shape 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 reference-Display of unauthorized traffic signs, signals or markings. F.S. §316.077. I Words struck through are deleted; words underlined are added. -17- 0 2.5.7.14. 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. 2.5.7.15. Wind signs (except where permitted as part of section 2,5.5 and 2.5.6 of this Code) . 2.5.7.16. 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 2.5,12 having been issued by the community development services administrator or is designee shall 'be removed as provided in section 2.5.7. Such signs shall include but are not limited to structural signs, freestanding signs, rand) signs attached or affixed to structures or other objects, 2.5.7.17. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 2.5.7.17.1 Is patently offensive to contemporary standards in the adult community as a whole with respet to what is suitable sexual material for minors; and 2.5.7.17.2 taken as a whole, lacks serious literary, artistic, political, or scientific value. 2.5.7.18. Any sign which: 2.5.7.19. Emits audible sound, vapor, smoke, or gaseous matter. 2.5.7.20. Obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. 2.5.7.21. Employs motion, have visible moving parts, or gives the illusion of motion (excluding time and temperature signs) . 2.5.7.22. 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. 2.5.7.23. 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. 2.5.7.24. 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 2 square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle which are not otherwise prohibited by this code. Words struck through are deleted; words underlined are added. -18- 2.5.7.25. 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. ' 2.5.7.26. 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. 2.5.7.27. 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. 2.5.7.28. Tethered inflatable signs. 2.5.7.29. Accent lighting_ as defined in this code, outlining doors and windows, or attached to columns and vertical corners of structures. 2.5.7.30. Accent lighting on walls of commercial buildings that abut residentially zoned parcels. (Ord. No. 92-73, 5 2; Ord. No. 93-89, 5 3; Ord. No. 94-27, 5 3, 5-18-94; Ord. No. 94-58, 5 3, 10-21-94) Sec. 2.5.8. Termination of prohibited signs. All signs expressly prohibited by section 2.5.7, and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement Director, or his designee, or, within thirty days of the end of the amortization _period contained in Section 2.5.9. or, in the alternative, shall be altered so that they no longer violate section 2.5.7. 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 2.5.9.3. (Ord. No. 92-73, 5 2; Ord. No. 93-89, 5 3) • Sec. 2.5.9. Nonconforming signs. • Existing signs not expressly prohibited by this code and not conforming to its provisions shall be regarded as nonconforming signs. 2.5.9.1. The following signs, and sign structures shall be removed or made 1!1. 2.5.9.1.1. Signs made of paper, cloth, or other nondurable materials. 2.5.9.1.2. All temporary signs. 2.5.9.1.3. Those signs described in sections 2.5.6.7, 2.5,6.13, 2,5.6.14, 2.5.6.17, and 2.5.6.18. I Words struck through are deleted; words underlined are added. t -19- 2.5.9.2. Nonconforming off-premises signs. All nonconforming off-premises signs, and sign structures having an original cost or value of $100.00 or more may be maintained for the longer of the following periods: 2.5.9.2.1. Two years from the date upon which the sign became nonconforming under Ordinance No. 2.5.9.2.2. A period of three to seven years from the effective date of Ordinance No. , effective , according to the amortization table below. • Permitted Years from Sign Cost/Value Effective Date of Amendment (DATE) $100,00 to $1,000.00 3 $1,001.00 to $3,000.00 4 $3001.00 to $10,000.00 5 More than $10,000.00 7 2.5.9.2.3. Any owner of an off-premises sign who requests an amortization period longer than two years shall, within one year from the date of enactment of these regulations, register the sign with the Code Enforcement Director, or his designee. The following information shall be provided at the time of registration: the cost or value, whichever is greater, of the sign; the date of erection; or the cost or value and date of the most recent renovation; a photograph of the sign or signs and their supporting structure, not less than five inches by seven inches in size; and a written agreement to remove the sign at or before the expiration of the amortization period applicable to the sign. The off-premise sign owner's signature shall be witnessed before a notary public on all requests for extended amortizations. A registration fee of $50.00 shall be paid at the time of registration. Sec. 2.5.10. Continuation of nonconforming signs. Subiect to the limitations imposed by section 2.5.9 of this code, a nonconforming sign may be continued and may shall be maintained in good condition as required by this code, but shall not be: 2.5.10.1. Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. 2.5.10.2. Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more of its replacement value, except in conformity with this code. 2.5.10.3. A nonconforming permanent on-premises or off-premises sign shall pot be replace by another nonconforming sign except that substitution or interchange of letters, poster panels, and painted boards, or dismountable materials on nonconforming signs shall be permitted through the period of nonconformity established by this code. Words struck through are deleted; words underlined are added. -20- 2.5.10.4. Continued in use when any land use to which the sign pertains has ceased for a period of 90 consecutive days, or has otherwise changed. 2.5.10.5. Nonconforming Status shall not be afforded to any sign erected without the required permit issued by the county, state, or any federal agency either before or after the enactment of this code, or to any pre-existing signs which have been illegally installed, constructed, placed or maintained. 2.5.10.6 In the case of sign which would be permitted by, and conform to, the regulations of this Code, except that such signs violate the maximum height, minimum setback from a property line, maximum sign area and other similar development standards the Planning Services Director, or his designee, may approve structural alterations upon written request, provided the sign and or supporting structure is redesigned so as to remove one or more of the nonconforming aspects of the sign. Sec. 2.5.11. Variances. The Board of Zoning Appeals based upon the, evidence given in public hearing; and the findings of the Planning Commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of section 2.7.5, or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and _procedures set forth in section 2.7.5 of this code. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. Sec. 2.5.12. Permit applications. 2.5.12.1. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 2.5.5. for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution 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. 2.5.12.2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3. Form. Every application for a building permit shall be in writing upon forms to be furnished by the Community Development and Environmental Services Administrator, or his designee. Words struck through are deleted; words underlined are added. -21- 2,5.12.4. Application contents. In order to obtain a permit to erect. place. rebuild, reconstruct, relocate, alter or change the sign copy A 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: 2.5.12.4.1. The name, address and telephone number of the (a) owner and lessee of the sign and (b) sign contractor or erector of the sign, 2.5.12.4.2. The legal description and the street address of the property upon which the sign is to be erected. 2.5.12.4.3. The dimensions of the sign including height. 2.5.12.4.4. The copy to be placed on the face of the sign. 2.5.12.4.5. Other information required in the permit application forms provided by the Community Development and Environmental Services Administrator, 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, 2.5.12.4.6. Two blueprints or ink drawings certified by a Florida registered engineer, 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. 2.5.12.4.7. 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. 2.5.12.4.8. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. 2.5.12.4.9. 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. Words struck through are deleted; words underlined are added. -22- 2.5.12.5. 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. (Ord. No. 92-73, § 2) Sec. 2.5.13. Enforcement. 2.5.13.1. 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; % 2.5.13.1.1. 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 any existing county, state or federal law or regulation. 2.5.13.1.2. 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 busir,s,.ss 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. 2.5.13.1.3. The Community Development and Environmental Services Administrator, or his designee, shall be charged with interpretation and enforcement of this code. 2.5.13.2. Enforcement procedures. Whenever, by the provisions of this code. the performance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this code. • 2.5.13.2.1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and any 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. 2.5.13.2.2. Where any sign or part thereof violates this code, the compliance service 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. Words struck through are deleted; words underlined are added. -23- 2.5.13.2.3. If a sign is in such a 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. 2.5.13.2.4. Code Enforcement shall immediately remove all violative signs located in or upon pubic rights-of-way or public property. 2.5.13.3. Penalties. If any person, firm or corporation, whether pubic 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 fail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Furthers each day of continued violation or noncompliance shall be considered as a separate offense. 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, ;_Jt shall not be limited to, an equitable action for injunctive relief or an action at law for damages; 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 authority of F.S, ch. 162. (Ord. No. 92-73. S 2) State law reference-Penalty for ordinance violations, F.S. § 125.69. if iI ii ! I t� Words struck through are deleted; words underlined are added. -24- DIVISION 6.3 DEFINITIONS { Flags: Devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on string, poles or the like. This definition does not include the flag of any city, county state or country. (See Div 2.5.) Flags, noncommercial: Any flags as otherwise defined by this code. displayed ! with the intent of conveying a literary, artistic, political. philosophical or religious message and not to advertise an establishment, or merchandise, services or entertainment provided by such establishment, • i . I words struck through are deleted; words underlined are added. -25- ORIGIN: Current Planning AUTHOR: Ronald F. Nino DEPARTMENT: Planning Services Department LDC PAGE: 2:208.1 LDC SECTION: 2.6 .33 .4.3 CHANGE: To allow the holder of a temporary use permit for a model home/sales center to apply for a renewal of the permit within ninety (90) days following its expiration. REASON: Operational experience with applications from holders of temporary use permits for model homes/sales office reveal that with these types of petitions, in part due to the two year initital approval period, there is a great deal of confusion and administrative problems in processing requests for the an extension. Therefore, staff is proposing a 30 day grace period for submitting an application for an extension to a model home/sales center temporary use permit. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 2 .6.33 .4 .3 Extension of a temporary use permit issued for a model home or for a model sales center may be granted for a maximum of three years and shall require public notice and a hearing by the planning commission. A request for an extension and scheduling on the planning commission agenda shall be made within thirty (30) days of the prior to expiration of the initial temporary use permit issued for a model home or model sales center. Only one such extension may be granted and any additional requests for an extension shall be granted only in accordance with section 2.6.33 .4.5. Notice of the public hearing shall be prominently posted on the property for which the extension is sought. Notice of the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days in advance of the hearing by mail to all owners of property within 300 feet of the subject property. The planning commission's action shall be based upon consideration of the following factors: 2/5 Doc. Ref. # 14506/md Words struck through are deleted; words underlined are added. -1- F:: STATE OF FLORIDA) , COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 96-21 Which was adopted by the Board of County Commissioners on the 8th day of May, 1996, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of May, 1996 . DWIGHT E. BROCK IL Clerk of Courts ancV•Llerk.... • . Ex-officio to Board oif•'' • . • • County Commissioners: ' . -3 - :yam • ' • _• y: Maureen Kenyort'..". .'1; Deputy Clerk ., .•.....,,.•., • r,(0 t3 91 ,7j3-.; t a TS RECEIVED • Clerk a) ORDINANCE NO.98- 63 of Board �C. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: • SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, r ti, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION t pO 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS; F- • DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE • DEVELOPMENT PLANS; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING,BUT NOT LIMITED TO THE DEFINITIONS OF SINGLE FAMILY DWELLING, = RURAL SUBDIVISION AND CONSTRUCTION SIGN;APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102,the Collier County Land Development Code(hereinafter LDC),which has been subsequently amended;and WHEREAS,the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1.,LDC;and WHEREAS,this is the first amendment to the LDC,Ordinance 91-102,in this calendar year;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, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on June 10, 1998 and June 24, 1998, and did take action concerning these amendments to the LDC;and WHEREAS,all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier rCounty,Florida,that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. • Words st >r,in h are deleted,words underline4 are added. a is •• .111.1: ••1 • I • •11.1' •-1Sl T ••1. • • f.t •I • .•• ••l1 • • • • •. • I1 .:11 lk H ••It.1 •• •1 • I•• .. •• 1t. 1 1 -I1ll ••, • a • .1 1 •• .-1•♦ - •• . • i1. • :I• . • • I •.•. • • .•1.1• .•• • •••■.•11•■•• • - .• • • • • .1• I ••••.1 •• SUBSECTION 3.C: AMENDMENTS TO SIGNS DIVISION • Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,is hereby amended to read as follows: •IVISION 2.5.SIGNS' 35.5.2.3.10.31 .. . .. .. ... : .. . ... . .. ..- • ieentit, Sec.2.5.7. Prohibited Signs: Sec.2.5.7.28. Tethered €Inflatable signs. • Sec.2.5.12. Permit applications. 2.5.12.4.6. 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 sign;and any ground sign over 32 square feet. SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Division 2.6., Supplemental District Regulations of Ordinance 91-102, as amended, the Collier County Land Development Code,is hereby amended to read as follows: • DIVISION 2.6.SUPPLEMENTAL DISTRICT REGULATIONS Sec.2.6.4. Exceptions to required yards. 2.6.4.2. Minor after-the fact yard encroachments. 2.6.4.2.1. Minor after-the-fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: 1. Structures for which a certificate of occupancy s has not been granted. The development services director may administratively approve minor after-the-fact yard encroachments of up to 3r3 percent of the required yard, not to exceed a maximum of 24 5 inches, • 2. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may administratively approve • minor after-the-fact yard encroachments of up to ten percent of the required yard, not to exceed a maximum of two feet. •11•••:1•f:• /.• ... .I.0•• .,• • a,., .I • I .•.• •• 1• l 1 ./ 1 I •• •••a-5ll•�11�••IL •1• 1.11:•1 ••- • t .11 1 l•1• • 1•1 • l ►•1- •• •11.0••' Q Words israAr through are deleted,words underlined are added. 24 • • IF STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-63 Which was adopted by the Board of County Commissioners on the 24th day of June, 1998, during Special Session. • WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of June, 1998. DWIGHT E. BROCK '� .fr9; Clerk of Courts and:Gaerk Ex-officio to Board of County Commissioners F By: Ellie Hoffman O.oilon Deputy Clerk ORDINANCE NO.99-46 ,SN AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,AS m AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT gl Elostu CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OPSto COLLIER COUNTY,FLORIDA,BY PROVIDING FOR: SECTIOI ONE, RECITALS: SECTION TWO, FINDINGS OF FACT-..t. SECTION THREE, ADOPTION OF AMENDMENTS TO TH r) LAND DEVELOPMENT CODE, MORE SPECIFICALLg,.z, AMENDING THE FOLLOWING: ARTICLE 2, ZONIN ° DIVISION 2.2. ZONING DISTRICTS, PERMITTED USE y o 0 CONDITIONAL USES,DIMENSIONAL STANDARDS, DIVISIO5Z cri 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2 SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.9. VEGETATION REMOVAL PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF NON-CONFORMING LOTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102,the Collier County Land Development Code(hereinafter LDC) , which has been subsequently amended;and WHEREAS,the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1.,LDC;and WHEREAS,this is the first amendment to the LDC,Ordinance 91-102,in this calendar year;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, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 26, 1999 and June 16, 1999, and did take action concerning these amendments to the LDC;and WHEREAS,all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: Words struele-through are deleted,words underlined are added. 1 • 2.3.21.1.1. • . _ - ._ . ... . _ . .. _ . 2.3.21.1.2. -- .. •• • • • • .. • •- •1.1 .... _ - . - .. _ -. . . .. • _ -• -- • - - • this-Cede: 2.3.21.1.3. •2.3.24.1.1. '= - • _ . . .. .•_ . . . , • SUBSECTION 3.0 AMENDMENTS TO SIGNS Division 2.5, Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code,is hereby amended to read as follows: DIVISION 2.5. SIGNS 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: 1. One ground or wall "For Sale," For Rent," or similar sign, with a maximum of four square feet in size, per street frontage for each parcel,or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right-of-way, provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) 2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum of 12 square feet in size,per street frontage for each parcel, or lot one to ten acres in size.(No building permit required.) Words struck eugh are deleted,words underlined are added. 42 3. One gad pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar sign,with a maximum of 64 square feet in size,per street frontage for each parcel or lot in excess of ten acres in size. 4. Real estate signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line,the planning services director may allow a reduction in the amount of the required setback however,in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions:ownership has changed;the property is no longer for sale; rent or lease; or,the model home is no longer being used as a model home. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.1.3. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in anv manner. (No building permit required.) 2.5.5.1.4. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: 1. One ground or wall sign,with a maximum of four square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size.(No building permit required.) 2. One ground or wall sign,with a maximum of 12 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size.(No building permit required.) 3. One wend pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of ten acres in size. 4. One ground or wall sign,with a maximum of four square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size;_(No building permit required.) 2.5.5.1.7. Conditional uses within the residential and agricultural districts. 1. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet.Corner lots are permitted two such wall signs. Words etrusk-threugh are deleted,words underlined are added. 43 2. Conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground sign with a maximum area of 32 square feet. 3. 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. (No building permit required.) 4. The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. 2.5.5.2. Signs within non-residential districts. 2.5.5.2.1. Unified sign plan. Where multiple on-premise signs are proposed for a single site or project, or in the case of a shopping center or multi-use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site.The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: L) colors; (b) construction materials and method; (c) architectural design: (d) illumination method; (e) copy style; ID sign type(s)and location(s);and, (g) in the case of multi-use buildings,and parcels with multiple structures on site, including outparcels, the unified sign plan shall indicate conformance with the following: (1.) no wall sign shall exceed 80 percent of the width of the unit(sI occupied by a business with a minimum of 10 percent clear area on each outer edge of the unit(s); () all wall signs for multi-use buildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan:and (3) pole signs shall provide a pole cover with architectural design features, including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign,consistent with the provisions of division 2.5. of this code (see Illustration 16 below). Words struek-Ehrough are deleted,words underlined are added. 44 .„ - Yl+lxtMUM 51613 AREA 7-An' NoT TD EXCEED 40 S.F. (WIDTH OF SIGN SHALL NOT EXCEEt7 TWILL TEM C }}E[CiHT 4 VICE VE 4A suppo T STV..UCTURE s I i I CONCEAL MEW of t I , I I I, SOPPORT STW.ICTURE MusT SE BETWE-N `r I 20 AND 100 9b OF I I TI-tE SICAN WIDTIi o l I I PLAT AREA-1006,F Alit :a-AO( Illustration 16 2.5.5.2.1.1. Outparcels. In addition to the above requirements, unified sign plans for outparcels, regardless of the size of the outparcel, shall be limited to the following: fad a wall sign for any facade adjacent to a public right-of-way and a wall sign for any facade facing the main commercial center with a maximum of 60 square feet, not to exceed a maximum of two wall signs for any single use:and, Ibl a single ground or pole sign for outparcels having a frontage of 150 feet or more,not to exceed 60 square feet.Pole signs shall be limited to 15 feet in height. 2.5.5.2.1.2. Building permit requests. Requests for building permits for permanent on- premise signs shall adhere to the unified sign plan,which shall be kept on file in the community development and environmental services division. Requests to permit a new sign,or to relocate, replace or structurally alter an existing sign shall be accompanied by a unified sign plan for the building or project the sign is accessory to.Existing permitted signs may remain in place., however,all future requests for permits,whether for a new sign,or relocation, alteration,or replacement of an existing sign,shall adhere to the unified sign plan for the property. 2.5.5.2.-2. Development standards. 1. Maximum allowable height. All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, except wall or pole signs, or as otherwise provided for within this section.Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. 2. Minimum setback.All signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 2.1.13. 2.5.5.2.2 3. Real estate signs: The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: Words stfask-through are deleted,words underlined are added. 45 1. One ground or wall "For Sale," "For Rent," or similar sign with a maximum area of AMR twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground or wall "For Sale," "For Rent," or similar sign, with a maximum 32 square feet in size,per street frontage for each parcel,or lot one to ten acres in size.(No building permit required.) 3. One ground pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent,"or similar sign,with a maximum of 64 square feet in size,per street frontage for each parcel or lot in excess of ten acres in size. 4. Real estate signs shall not be located closer than 15 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign 15 feet from the property line,the planning services director may allow a reduction in the amount of the required setback however,in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale,rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.5.2.3 4. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than 15 feet from any property line, and subject to the following: 1. One ground or wall sign,with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel less than one acre in size.(No building permit required.) 2. One ground or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel one to ten acres in size.(No building permit required.) 3. One ground pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within each front yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size.(NPR) (No building permit required). 5. All construction signs must be removed prior to the issuance of certificate of occupancy. Words stwsk-throuugh are deleted,words underlined are added. 46 2.5.5.24 5. On premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.24 5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes,business parks,or industrial parks having frontage of 150 feet or more on a public street,or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or two ground signs. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area,and eight of more independent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street. When a directory sign is proposed then any pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. 1. Maximum allowable sign area: 100 square feet for each pole or ground signs,or a maximum combined area of 120 square feet for two ground signs,except for approved directory signs. 2. Setbacks: 15 feet from any property line, public or private right-of- way,or easement,unless otherwise noted below or as provided for in section 2.1.13., and with the exception of directory signs which may be located within the medians of private streets or easements, provided that there is a minimum of a 15-foot setback from all project boundaries and public rights-of-ways and easements, and their location presents no visual obstructions,or traffic hazards to motorists or pedestrians, unless otherwise noted below or as provided for in section 2.1.13. 3. The 15-foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. The planning services director's decision to reduce the required 15- foot setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of- way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements,it can be demonstrated that adherence to the required 15-foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure;or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. Words struck through are deleted,words underlined are added. 47 4. Maximum allowable height: 20 feet in height, except for directory signs as permitted in section 2.5.5.2.4.1., which may be 25 feet in height. Height shall measure from the lowest centerline grade of the nearest public or private right-of-way or easement to the uppermost portion of the sign structure. 5. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back, side by side, or in V-type construction with not more than one display on each facing,and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.1.2. . • • - l., 2- - • . - .. _ : . • . _ pedest:Fians. •e) '•- - - •.. _ .. . - Words are deleted,words underlined are added. 48 • •4 .. - .. _ • t - - :- signs as permitted in section 2.5.5.2.1.2., which may be 25 feet in ••_ • • _ .. ..: ._• . .' . >: 2.5.5.2.43 5.2.Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel,or for each establishment in a multiple-occupancy parcel. Corner End units within shopping centers, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs,but such signs shall not be of placed plaeing the combined area on one wall. In addition, outparcels within shopping centers may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right- of-way.In no case shall the number of wall signs for an outparcel exceed two signs.Retail businesses with a floor area of larger than 15,000 square feet and a front wall length of more than 200 linear feet,are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. 1. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not,in any case, exceed 250 square feet in area for any sign. 2.5.5.2.44 5_3. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. Projecting signs shall not project more than four feet from the building wall to which it is attached. 2. Projecting signs shall not extend above the roofline of the building to which it is attached. 3. Projecting signs shall not project into the public right-of-way. 4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.4,5 5_4. Under-canopy signs. In addition to any other sign allowed by this code,one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be 'a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. Words stFusk-thfettli are deleted,words underlined are added. 49 - -... _. 2.5.5.2.5.5. Signage for automobile service stations: The following are the only signs permitted in automobile services stations and convenience stores with gas pumps. 1. Window signs may only show the building address, hours of operation.emergency telephone numbers,and acceptable credit cards. 2. An illuminated corporate logo with a maximum area of twelve (12'l square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise, accent lighting and back lighting is prohibited on canopy structures. 3. Pole signs are prohibited, however, one (1) ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area.Height is limited so that the top edge of the sign face is less than eight (8) feet above grade. Maximum permitted area 70 square feet. 4. Illuminated signage,logos,advertising and information are prohibited above gas pumps. 2.5.5.2.44: 5.6. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division,creative,flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 2.5.5.2.48, 5_7. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non- commercial flags may be displayed at the entrance of a commercial, office, industrial or residential development. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists Words are deleted,words underlined are added. 50 along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning services director determines that the display of the extra flags is essential to the theme and design of the development. 1. All flagpoles with a height in excess of 15 feet above finished grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting,the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures(except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. 2. On single-family or duplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates,agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. In all other zoning districts,flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. 3. All flags in all zoning districts shall have a minimum 5 foot setback from all property lines. 2.5.5.2.4-:9: 5_8. Temporary signs. The erection of any temporary sign shall require permitting as established within section 2.6.33 unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this code. 2.5.5.2.4. -1. 5.8A. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: 1. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting the sign.The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. 2. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line.Political signs placed within residential districts shall require written permission from the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 square feet per sign,and shall be located no closer than 15 feet to any property line. The number of such signs shall be limited to two signs for each lot or parcel per bulk permit issued for each candidate or issue. Words stfusk-through are deleted,words underlined are added. 51 4. All supports shall be securely built, constructed and erected to conform with the requirements of this code. 5. The maximum height of any political campaign sign or poster,except those that may be affixed to a wall,shall be limited to eight feet. 6. Political signs shall be erected not more than 60 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election,event,or after the campaign issue has been decided. 2.5.5.2A.9.2. 5.82. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet , square-feettetal.The banner sign shall be anchored and may be displayed on- site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2A.9.3. 5.8.3.Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs,carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 15 feet to any property line.Such signs shall require a building permit. 2.5.5.2.4 -0:5.9.Special purpose signs(on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public.Special purpose signs shall be permitted as follows: 2.5.5.2.1.10.1. : • . • _ !! building Hermit 2.5.5.2.4.10.3. 5.9.1. Time and temperature signs. One time and temperature sign having a surface area not exceeding 48 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. 2.5.5.2.4.10.1. 5.10. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, and located internal to the subdivision or development and with a minimum setback of 15 feet,may be allowed subject to the approval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development, directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall Fakir" require a building permit. For signage to be located along the Golden Gate Parkway, see division 2.2,sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan.Logos on all directional signs shall not exceed 20 percent of the sign area. 2.5.5.2.4:-W,5.11.On premise signs within agricultural districts. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only,and subject to the following restrictions: 2.5.5.2.4.11.1. 5.11.1.One pole or ground sign identifying the farm organization, located at the entrance or gate of each street frontage, and only for permitted Words k through are deleted,words underlined are added. 52 agricultural uses. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet,and shall be located a minimum of 15 feet from any property lines, public or private right-of-way or easement. 2.5.5.2.4.11.2. 5.11.2. Seasonal farm signs (on-site). One temporary pole or ground sign identifying the farm, farm organization, entrance, or gate not exceeding 40 square feet in area.This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.4.11.3.5.11.3. U-Pic signs. One U-Pic sign located at the entrance or--date-e€on each street frontage. The maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet, and shall be located a minimum of 15 feet from any property line,public or private right-of-way or easement. 2.5.5.2.4.11.4. 5.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only,and subject to the following restrictions: 1. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double- frontage parcels shall be allowed one sign per street frontage,but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the • wall to which it is affixed,and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2.4427 5.12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator, or his designee, if the following requirements retirements are met: 1. Off-premises directional signs shall only be permitted in nonresidentially zoned,or agricultural districts. 2. No more than two one-sided or one double-sided off-premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building,structure,or uses,provided: 1. Each sign is not more than 12 square feet in area 2. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3. The sign is located no closer than 15 feet to any property line. 4. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. Words stfuok-hrough are deleted,words underlined are added. 53 5. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure,or use. 3. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. 4. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. 2.5.5.2.443:5.13.Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare,hazard or nuisance to motorists or occupants of adjacent properties;net nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. Sec.2.5.6. Signs exempt from permitting. 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: 2.5.6.1. Signs required to be maintained or posted by law or governmental order,rule, or regulation. 2.5.6.2. On-premises directional signs, not exceeding four six square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development.Internal signs are not intended to be readily visible from the road. 2.5.6.3. One identification sign,professional nameplate,or occupational sign for each professional office,or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's professional profession or specialty and/or the street address of the premise. 2.5.6.4. Memorial plagues plaques, cornerstones,historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 2.5.6.5. "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided each sign does not exceed two three square feet in size. 2.5.6.6. One ground or wall"For Sale," "For Rent,"or similar sign per street frontage for each parcel,or lot less than ten acres in size. 2.5.6.7. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. 2.5.6.8. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within 15 feet of any property line, right-of-way or access easement. 2.5.6.9. 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. Words struck gh are deleted,words underlined are added. 54 2.5.6.10. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size,per sign. Signs shall be oriented along the fence or wall to face the field(s) or playing area,and away from any adjacent public or private roads. 2.5.6.11. Traffic control and safety signs or other municipal, county, state or federal signs,legal notices,railroad crossing signs,danger signs and such temporary emergency signs when erected by an appropriate authority.•2.5.6.12. • .. ; , . _:-• - - . . . . . . 2.5.6.43 12. Window merchandise displays which are changed on a regular basis,meaning no less frequently than every 30 days. 2.5.6.4-4 13. Window signs not exceeding 25 percent of the-total each window area. 2.5.6.43 14. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater,displaying the name and address of the resident and not exceeding four square feet in area. 2.5.6.4-6 15. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization.Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to,are allowable if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8. 2.5.6.4-7 16. Advertising and identifying signs located on taxicabs, buses,trailers, trucks, or vehicle bumpers,provided such sign does not violate section 2.5.7 of this code. 2.5.6.18. : . _ •• .... . •_•• :.. : ••.. .. _, -.-. • . - 2.5.6.4-9 17. Religious displays that do not constitute advertising. 2.5.6.2818. Painting,repainting or cleaning of an advertising structure,or changes which are determined to be less than a substantial improvement. 2.5.6.24.19. Copy changes for shopping center,theaters,billboards or marquees that have routine changes of copy,or are specifically designed for changes of copy. 2.5.6.22 20. One ground or wall sign may be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acre in size 2.5.6.23 21. Temporary signs in conjunction with an approved temporary use permit. Sec.2.5.7. 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: Words t-melt-though are deleted,words underlined are added. 55 2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier County. 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs,except time and temperature signs. 2.5.7.4. Flashing signs or Belectronic reader boards that-de-net-flaslt-en-and-eff-We net-flashing-signs: 2.5.7.5. Rotating signs or displays. 2.5.7.6. 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 previsional conditional use, PUD ordinance, or as otherwise provided for within the zoning ordinance,shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. 2.5.7.7. 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 robed to be erected by a governmental agency. 2.5.7.8. Billboards. 2,5.7.9. Strip lighted signs. 2.5.7.10. Neon type signs except within all commercial and industrial districts. 2.5.7.11. Roof signs. 2.5.7.12. Portable signs. 2.5.7.13. 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 reference(s)--Display of unauthorized traffic signs, signals or markings,F.S.§316.077. 2.5.7.14. 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. 2.5.7.15. Wind signs(except where permitted as part of section 2.5.5 and 2.5.6 of this code). 2.5.7.16. 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 2.5.12 having been issued by the community development services administrator or his designee shall be removed as provided in section 2.5.7. Such signs shall include but are not limited to structural signs,freestanding signs, [and] signs attached or affixed to structures or other objects. Words stRiek-tlweugh are deleted,words underlined are added. 56 2.5.7.17. Any description or representation, in whatever form, of nudity, sexual conduct,or sexual excitement,when it: 2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors;and 2.5.7.17.2. Taken as a whole,lacks serious literary,artistic,political,or scientific value. 2.5.7.18. Any sign which: 2.5.7.19. Emits audible sound,vapor,smoke,or gaseous matter. 2.5.7.20. Obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign,signal,or device. 2.5.7.21. Employs motion, have has visible moving parts, or gives the illusion of motion(excluding time and temperature signs). 2.5.7.22. 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. 2.5.7.23. 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. 2.5.7.24. 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,which are not otherwise prohibited by this code. 2.5.7.25. 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. 2.5.7.26. 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. 2.5.7.27. 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. 2.5.7.28. Inflatable signs. 2.5.7.29. Accent lighting as defined in this code, , 2.5.7.30. _ _. .- zeneEl-pareels. SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL REGULATIONS DIVISION Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code,is hereby amended to read as follows: Words struek-through are deleted,words underlined are added. 57 t >a , _. x c STATE OF FLORIDA) N" • ITI 2 L COUNTY OF COLLIER) rr*+-'4 =ND-,T° - ou' O I, DWIGHT E. BROCK, Clerk of Courts in and for the Tugatith Dlel al Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-46 Which was adopted by the Board of County Commissioners on the 16th day of June, 1999, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of June, 1999. DWIGHT E. BROCK -.:'::„ ,,i!+ ; Clerk of Courts atiC tl 14k.,,-.. Ex-officio to Bo.acL,gf.;_.. • 5•'ia•:4:. •ty Commissio g` b ` ":y"4 '• °'i ",: • '�~'{ * R By Lisa Steele " •. :6 ,;."...c"; Deputy C1e±k ...:.;y "Y';,..:: ..i1•:.A. • 1s<4)�1$9101172 ? o 10 IORDINANCE NO.01- 60 91 •; ORDINANCE AMENDING ORDINANCE NUMBER 91-102, \ AMENDED, THE COLLIER COUNTY LAND I EVELOPMENT CODE, WHICH INCLUDES THE - 89e +1e' COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,BY PROVIDING FOR: SECTION ONE,RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.7.ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.5 EXCAVATION; AND READOPTING CERTAIN AMENDMENTS TO DIVISION 2.5 SIGNS, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND • DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended;and WHEREAS, the LDC may not be amended more than two times in each capidar year pursuant to Section 1.19.1., LDC;and _' ^-•WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for Calerrdar:year 2001; and ,•: � CJ WHEREAS, on March 18, 1997, the Board of County Commissioners ado ,Rerst�lution 97-177 Y r n —1 establishing local requirements and procedures for amending the LDC;and WHEREAS,all requirements of Resolution 97-177 have been met;and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on October 10, 2001 and October 24, 2001, and did take action concerning these amendments to the LDC;and WHEREAS, the subject amendments to the LDC 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(1),Florida Statutes;and WHEREAS,all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT Words struueli-through are deleted,words underlined are added. 3-8 39. Stone,clay,glass,and concrete products(groups 3221,3251,3253,3255- 3273,3275,3281) 3-9 40.Textile mill products(groups 2211-2221,2241-2259,2273-2289,2297, 2298). 40 41.Transportation equipment(groups 3714,3716,3731,3732,3751,3761, 3764,3769,3792,3799). 44- 42.Transportation by air(groups 4512-4581 - . .• .. :.•: '• - : ). 4-2 43.Transportation services(groups 4724-4783,4789 except stockyards). 43 44.United States Postal services(4311). 44 45.Welding repair(7692). 43-46.Wholesale trade—durable goods(groups 5012-5014,5021-5049,50-63- 5092,5094-5099). 46-47.•Wholesale trade—nondurable goods(groups 5111-5159,5181,5182, 5191 except that wholesale distribution of chemicals,fertilizers,insecticides,and pesticides shall be a minimum of 500 feet from a residential zoning district (5192-5199). 4-7 48.Any other use which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. 2.2.16.2.2. Uses accessory to permitted uses. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special event activities such as air shows and the like. SUBSECTION 3.B. AMENDMENTS TO SIGNS DIVISION Division 2.5.,Signs,of Ordinance 91-102,as amended,the Collier County Land Development Code, is hereby readopted to read as follows: DIVISION 2.5. SIGNS Sec.2.5.5. Permitted signs. 2.5.5.1. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 2.5.5.1.1. Development standards. 1. Maximum allowable height.All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet,or as provided within this code.Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W.or easement to the uppermost portion of the sign structure. 2. Minimum setback.All signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties shall Words stra ruck-thrv'� ugh are deleted,words underlined are added. 5 not be located closer than-14-10 feet from the property line,unless otherwise noted below or as provided for in section 2.1.13. 2.5.5.1.2. Real estate signs. The following signs classified as real estate signs shall be permitted in residential districts subject to the following: 1. One ground sign with a maximum height of 6 feet or wall"For Sale," For Rent,"or similar sign,with a maximum of four square feet in size,per street frontage for each parcel,or lot less than one acre in size. Said sign shall be located no closer than ten feet from any adjacent residentially used property and may be placed up to the property line abutting a right- of-way,provided it is a minimum of ten feet from the edge of pavement. (No building permit required.) 2. One ground sign with a maximum height of 8 feet or wall "For Sale," "For Rent,"or similar sign,with a maximum of 12 square feet in size,per street frontage for each parcel,or lot one to ten acres in size.(No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall "For Sale," "For Rent,"or similar sign,with a maximum of 64 square feet in size,per street frontage for each parcel or lot in excess ten acres in size. 4. Real estate signs shall not be located closer than-14 10 feet from any property line. In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign-14 10 feet from the property line,the planning services director may allow a reduction in the amount of the required setback however,in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired,or within seven days of any of the following conditions:ownership has changed;the property is no longer for sale;rent or lease;or,the model home is no longer being used as a model home. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 14 days after it is erected. 2.5.5.1.3. Model home signs. One on-premises sign for model homes,approved in conjunction with a temporary use permit in any zoning district not to exceed 32 square feet.Model home sign copy shall be limited to the model name,builder's name,name and address,phone number,price,logo,and model home.Model home signs shall not be illuminated in any manner (No building permit required.) 2.5.5.1.4. Construction signs. All supports for such signs shall be securely built, constructed,and erected and shall be located on the site under construction, subject to the following: 1. One ground sign with a maximum height of 6 feet or wall sign,with a maximum of four square feet in size,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel less than one acre in size.(No building permit required.) 2. One ground sign with a maximum height of 8 feet or wall sign,with a maximum of 12 square feet in size,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel one to ten acres in size.(No building permit required.) Words struek-thr-e-ugh are deleted,words underlined are added. 6 • 3. One pole sign with a maximum height of 15 feet or wall sign,with a maximum of 64 square feet in size,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel in excess of ten acre in size. 4. One ground or wall sign,with a maximum of four square feet in size,may be used as a construction sign by each contractor,lending institution,or other similar company involved with the development,regardless of parcel size,(No building permit required.) 2.5.5.1.5. Residential directional or identification signs. Directional or identification signs no greater than four square feet in size,and located internal to the subdivision or development may be allowed subject to the approval of the planning services director,or his designee.Such signs shall only be used to identify the location or direction of approved uses such as models or model sales centers,club house, recreational areas,etc.These signs may be clustered together to constitute a sign with a maximum area of 24 square feet and a maximum height of eight feet.Such clustered signs shall require a building permit.For signage to be located alene along the Golden Gate Parkway see division 2.2,section 2.2.21.1 and 2.2.21.6.2. 2.5.5.1.6. On premises signs within residential districts. Two ground signs with a maximum height of 8 feet or wall residential entrance or gate signs may be located at each entrance to a multi-family,single-family,mobile home or recreational vehicle park subject to the following requirements: 1. Such signs shall contain only the name of the subdivision,the insignia or motto of the development and shall not contain promotional or sales material.Said signs shall maintain a 10 k5-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. Furthermore,bridge signs located on private bridges directly leading to private communities shall not be considered off- premise signs.Bridge signs complying with the requirements of section 2.5.5.1.6 may be substituted for ground or wall signs in residential districts. 2. The ground or wall signs shall not exceed a combined area of 64 square feet,and shall not exceed the height or length of the wall or gate upon which it is located. 3. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However,should such architectural embellishments be located closer than ten feet to any sign,then it shall be considered an integral part of the sign and shall be subject to the restrictions of this section. 2.5.5.1.7. Conditional uses within the residential and agricultural districts. 1. Conditional uses within the residential district are permitted one wall sign with a maximum of 32 square feet.Corner lots are permitted two such wall signs. 2. Conditional uses within the agricultural district in the urban area, residential and estates districts with a street frontage of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground sign with a maximum height of 8 feet with and a maximum area of 32 square feet. 3. 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.(No building permit required.) Words struck through are deleted,words underlined are added. 7 4. The Board of County Commissioners may approve additional signage as may be deemed appropriate during the conditional use approval process. 2.5.5.2. Signs within non-residential districts: 2.5.5.2.1. Design criteria and ubini/ied sign plan. Where multiple on-premise signs are proposed for a single site or project,or in the case of a shopping center or multi- use building,a unified sign plan shall be employed.An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site.The unified sign plan must be applied for by the property owner,or'his or her authorized agent.The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs.Design elements which shall be addressed in both graphic and narrative form include: (a) Colors; (b) Construction materials and method; (c) Architectural design; (d) Illumination method; (e) Copy style; (f) Sign type(s)and location(s);and,conformance with the following: (g) No wall sign shall exceed 80 percent of the width of the unit(s)or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s)or the building. (4) • . . - . .! -- . -- - . -- . ar-ea-e+each outer edge of the unit(s); (2)(h) All wall signs for multi-use buildings shall be located at a consistent location on the building facade,except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions.All signs shall adhere to the dimensions provided for in the unified sign plan;and @Ail Pole signs shall provide a pole cover no less than 50 percent of the width of the sign,with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to.A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign,consistent with the provisions of division 2.5.of this Code -• . .. Words struck through are deleted,words underlined are added. 8 ti -i M 51c 1 AREq oT TO EXCEED GO S.R 1 4( (WIDTH O F SIGN SHA1-1- NOT Exceec) I"® 1 HE AI-IT 4 VICE VIER4A E I1SUPpoR4 STRUC'rURe 1 I CONGEALMEhLTOF I 1 I 1 Si..IPPOFfr r5T711,r1lIRF _e MUST 6E BETWEETA it'll I t I 20 At-10 100 % OF 1 1 Tl-4E 51E1N W tPTt-1 ¢ I PLAt.IT AI E,& -IOwS.F Illustration 16 (Illustration 16 is deleted) (I) The sign shall not be in the shape of a logo and the logo shall not protrude from the sign. (k) The use of fluorescent colors is prohibited. 2.5.5.2.1.1. Outparcels.. In addition to the above requirements,unified signs plans for outparcels,regardless of the size of the outparcel,shall be limited to the following: (a) ese In addition to any wall signs permitted by this code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of- way.In no case shall the number of wall signs for an outparcel exceed 2 signs;and, (b) A single ground of-pule sign for outparcels having a frontage of 150 feet or more,not to exceed 60 square feet.Pele Ground signs shall be limited to 44 8 feet in height. Pr-aicrtY7 2.5.5.2.2. Development standards. 1. Maximum allowable height.All pole or ground signs within non- residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads,except as provided in this code for pole or ground signs for automobile service stations and outparcels which are limited to a maximum height of 8 feet;the maximum height for directory signs is Words through are deleted,words underlined are added. 9 limited to 20 feet. - -- . , ., - -- - • ' - - - - - .Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W.or easement to the uppermost portion of the sign structure. 2. Minimum setback.All pole or ground signs within non-residential zoned districts and as applicable to non-residential designated portions of PUD zoned properties shall not be located closer than 4-5-10 feet from the property line.Directory signs shall not be closer than 15 feet from the property line,unless otherwise noted below or as provided for in section 2.1.13. 3. Maximum allowable sign area:80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads,60 square feet for outparcels and automobile service stations and 150 square feet for directory signs. 4. The location of all permanent pole,ground and directory signs shall be shown on the landscape plans as required by section 2.4.4.17. 5 The maximum size limitation shall apply to each structure.Pole or ground signs may he placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign,and such sign structure shall be considered as one sign. 6. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 2.5.5.2.3. Real estate signs:The following signs classified as real estate signs shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent,"or similar sign with a maximum area of twelve square feet in size per street frontage for each parcel,or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of 10 feet or wall "For Sale," "For Rent,"or similar sign,with a maximum 32 square feet in size,per street frontage for each parcel,or lot one to ten acres in size.(No building permit required.) 3. One pale ground sign with a maximum height of 15 feet or wall"For Sale," "For Rent,"or similar sign,with a maximum of 64 square feet in size,per street frontage for each parcel or lot in excess of ten acres in size. 4. Real estate signs shall not be located closer than-1-5 10 feet from any property line.In the case of undeveloped parcels where the existing vegetation may not allow the location of the sign-15 10 feet from the property line,the planning services director may allow a reduction in the amount of the required setback however,in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired,or within seven days of any of the following• conditions:ownership has changed;or,the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not he displayed for more than 40- 14 days after it is erected. Words truck-through are deleted,words underlined are added. 10 2.5.5.2.4. Construction signs. All supports for such signs shall be securely built, constructed,and erected and shall be located on the site under construction and no closer than� 10 feet from any property line,and subject to the following: 1. One ground sign with a maximum height of 10 feet or wall sign,with a maximum of 12 square feet,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel less than one acre in size.(No building permit required.) • 2. One ground sign with a maximum height of 10 feet or wall sign,with a maximum of 32 square feet in size,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel one to ten acres in size.(No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign,with a maximum of 64 square feet in size,may be used as a construction sign by the general contractor of the development or as a permit board,within each front yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign,with a maximum of 4 square feet in size,may be used as a construction sign by each contractor,lending institution,or other similar company involved with the development,regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. 2.5.5.2.5. On-premise signs. On-premise pole signs,ground signs,projecting signs,wall signs,and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels,shopping centers,office complexes,business parks,or industrial parks having frontage of 150 feet or more on a public street,or combined public street frontage of 220 linear feet or more for corner lots,shall be permitted one pole or-ewe-ground signs sign.Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs,and all setback requirements are met.In no case shall the number of pole or ground signs exceed two per street frontage. In addition,multiple-occupancy parcels such as shopping centers,office complexes,business parks,or industrial parks containing 25,000 square feet or more of gross leasable floor area,and eight of more independent businesses will be permitted one directory sign • - : • - • - : ! :... - -- for a single entrance on each public street.When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant.The directory sign shall contain a minimum of 4 and a maximum of 8 tenant names.The name of businesses located on outparcels shall not appear of directory signs. signs,except for approved directory signs. or as provided for in section 2.1.13. Words struck-thre-ugh are deleted,words underlined are added. I 3-2.5.5.2.5.1.1.The minimum 15 foot setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than 5 feet.The planning services director's decision to reduce the required 15 foot setback shall he based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements,it can be demonstrated that adherence to the required minimum required 15 foot setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees,it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure;or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. stfueture Pole or ground signs may be placed back to back,side by side,or in V ! -- .- - and away from any right cf way. 2.5.5.2.5.2. Wall, mansard, canopy or awning signs. One wall,mansard,canopy or awning sign shall be permitted for each single-occupancy parcel,or for each establishment in a multiple-occupancy parcel. End units within shopping centers, or single occupancy parcels where there is double frontage on a public right-of- way,shall be allowed two signs,but such signs shall not be placed on one wall-t .Retail businesses with a floor area of larger than X000 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs;however,the combined area of those signs shall not exceed the maximum allowable display area for signs by this code. 1. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not,in any case,exceed 150 square feet for buildings or units up to 24,999 square feet,200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 230 square feet in area for any sign. Words shh are deleted,words underlined are added. 12 • 2.5.5.2.5.3. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. 1. Projecting signs shall not project more than four feet from the building wall to which it is attached. 2. Projecting signs shall not extend above the rootline of the building to which it is attached. 3. Projecting signs shall not project into the public right-of-way. 4. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 2.5.5.2.5.4. Under-canopy signs. In addition to any other sign allowed by this code,one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade.Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 2.5.5.2.5.5. Signage for automobile service stations: The followings are the only signs allowed in automobile services stations and convenience stores with gas pumps. 1. Window signs: - -• :. : :: :. :: . . , - . , • - •-- . .. -• . - . - as allowed in section 2.5.6.13 of this code. 2. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway.Otherwise,accent lighting,and back lighting and accent striping are is prohibited on canopy structures. 3. ': - _ . . . . -: -: - - , : One(1)ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade.Maximum permitted area 70 60 square feet. 4. Illuminated-s Signage,logos,advertising and information are prohibited above gas pumps. 5. Wall signs:As allowed in section 2.5.5.2.5.2.of this code. 6. Signs:As allowed in section 2.5.6.2.of this code. * * * * * * * * * * 2.5.5.2.5.8.1. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: 1. Prior to the erection,installing,placing,or displaying of a political sign a bulk temporary permit shall be obtained.The permit number shall appear on every sign or on the pole supporting the sign.The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners.A cash bond in the amount of$500.00 shall be posted Words struck throug;are deleted,words underlined are added. 13 with the Collier County Community Development and Environmental Services Division to insure adequate clean up and removal of all political signs installed under the said permit.This bond is not intended to replace the applicant's responsibility to remove all political signs installed under the said permit.The Collier County Community Development and Environmental Services Division shall return such bond to the permitee if all signs for the candidate or the issue for which the permit was issued are removed within seven days after the election.In the case of non- compliance with the requirements of this code the bond will be forfeited. 2. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size,and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. 3. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 40 32 square feet per sign,and shall be located no closer than 10 feet to any property line. The number of such signs shall be limited to one two-signs for each lot or parcel per bulk permit issued for each candidate or issue. 4. All supports shall be securely built,constructed and erected to conform with the requirements of this code. 5. The maximum height of any political campaign sign or poster,except those that may be affixed to a wall,shall be limited to eight feet. 6. Political signs shall be erected not more than 60 45 calendar days prior to an election or political event,and shall be removed within seven calendar days after the election,event,or after the campaign issue has been decided. 2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs,carnivals, circuses,revivals,sporting events,or any public,charitable,educational event. Such sign shall he located no closer than-14 10 feet to any property line. Such signs shall require a building permit. Special event signs shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the event has taken place. 2.5.5.2.9. Special purpose signs(on-site). Due to the unique and varied nature of the following uses,additional signs may be required to provide the desired level of service to the public.Special purpose signs shall be permitted as follows: 2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial,commercial or other non-residentially zoned property.Such signs may be affixed to the'structure of a pole or ground sign.Such sign shall require a building permit. 2.5.5.2.5.10. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size,four feet in height,and located internal to the subdivision or development and with a minimum setback of 10-14 feet,may be allowed subject to the approval of the community development and environmental services administrator,or his designee.Such sign shall only be used to identify the location or direction of approved uses such as sales centers,information centers,or the individual components of the developments. Ddirectional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area.Such signs shall require a building permit.For signage to be located along the Golden Gate Parkway,see division 2.2,sections 2.2.21.1 and 2.2.21.6.2 and the Golden Gate Master Plan. Words store through are deleted,words underlined are added. 14 ., . ! - •- • .. :. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 2.5.6.2.of this code. 2.5.5.2.5.11. On premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On- premises signs shall be permitted within agriculturally zoned or used property,for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: 2.5.5.2.5.11.1.One pole or ground sign identifying the farm organization,located at the entrance or gate of each street frontage,and only for permitted agricultural uses.The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet,and shall be located a minimum of 15 feet from any property lines,public or private right-of-way or easement. 2.5.5.2.5.11.1.1.On premise signs within agricultural zoned districts in the urban area shall comply with the requirements of section 2.5.5.2.of the land development code. 2.5.5.2.5.11.2.Seasonal farm signs(on-site). One temporary pale-er ground sign,with a maximum height of 10 feet,and located a minimum of 10 feet from any property line,public or private right-of-way or easement, identifying the farm,farm organization,entrance,or gate not exceeding 40 32 square feet in area.This sign shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such signs shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such signs shall require a building permit. 2.5.5.2.5.11.3.0-Pic signs. One U-Pic sign located at the entrance on each street frontage.The maximum allowable sign area for each U-Pic sign shall not exceed 32 square feet in area and a maximum height of 10 feet,and shall be located a minimum of 10 feet from any property line,public or private right-of-way or easement. 2.5.5.2.5.11.4. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard,canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only,and subject to the following restrictions: 1. One wall or mansard,canopy or awning sign shall be permitted for each principal use structure on the parcel.Corner parcels or double-frontage parcels shall be allowed one sign per street frontage,but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed,and shall not in any case exceed 250 square feet in area per sign. 2.5.5.2.5.12. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the community development and environmental services administrator,or his designee,if the following requirements are met: 1. Off-premises directional signs shall only be permitted in nonresidentially zoned,or agricultural districts. 2. No more than two one sided or one double sided off-premise directional signs shall be permitted,identifying the location and nature of a building, structure,or use which is not visible from the arterial roadway serving such building,structure,or uses,provided: 4, a. Each sign is not more than 12 square feet in area. Words struck through are deleted,words underlined are added. 15 2. b. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. 3.. c. The sign is located no closer than-14 10 feet to any property line. 4. d. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. 5. e. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building,structure,or use. 3. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. 4. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. * * * * * * * * * * * Sec.2.5.6. Signs exempt from permitting. 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: 2.5.6.1. Signs required to be maintained or posted by law or governmental order,rule,or regulation. 2.5.6.2. On-premises directional signs,not exceeding six square feet in area and four feet in height,intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted.On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 2.5.5.2.5.10.of this code. 2.5.6.3. One identification sign,professional nameplate,or occupational sign for each professional office,or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side,and denoting only the name of the occupant and,at the occupant's election,the occupant's profession or specialty and/or the street address of the premise. 2.5.6.4. Memorial plaques,cornerstones,historical tablets,and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. 2.5.6.5. "No Trespassing,""No Dumping,"or other prohibitory or safety type signs, provided each sign does not exceed three square feet in size. 2.5.6.6. One ground or wall"For Sale," "For Rent,"or similar sign per street frontage for each parcel,or lot less than ten acres in size. 2.5.6.7. One on-premises sign for model homes,approved in conjunction with a temporary use permit in any zoning district. 2.5.6.8. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within 4-5 10 feet of any property line,right-of-way or access easement. Words struck-thfough are deleted,words underlined are added. 16 2.5.6.9. 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. 2.5.6.10. Signs located on fences or walls surrounding athletic fields,or within sports arenas,stadiums and the like,not to exceed 32 square feet in size,per sign.Signs shall be oriented along the fence or wall to face the field(s)or playing area,and away from any adjacent public or private roads. 2.5.6.11. Traffic control and safety signs or other municipal,county,state or federal signs, legal notices,railroad crossing signs,danger signs and such temporary emergency signs when erected by an appropriate authority. 2.5.6.12. Window merchandise displays which are changed on a regular basis,meaning no less frequently than every 30 days. 2.5.6.13. Non-electrical,non-illuminated and non-reflective-Wwindow signs not exceeding 25 percent of each window area. 2.5.6.14. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater,displaying the name and address of the resident and not exceeding four square feet in area. 2.5.6.15. Flags,or insignias of governmental,religious,charitable,fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to,are allowable if the number of flags displayed does not exceed those described in section 2.5.5.2.3.8 and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in section 2.5.5.2.3.8. 2.5.6.16. Advertising and identifying signs located on taxicabs,buses,trailers,trucks,or vehicle bumpers,provided such sign does not violate section 2.5.7 of this code. 2.5.6.17. Religious displays that do not constitute advertising. 2.5.6.18. Painting,repainting or cleaning without modifying the existing sign copy or design of an advertising structure,or changes which are determined by the planning services director to be less than a substantial improvement. 2.5.6.19. Copy changes for shopping center,theaters,billboards or marquees that have routine changes of copy,or are specifically designed for changes of copy. 2.5.6.20. One ground or wall sign may be used as a construction sign by the general contractor of the development,within each front yard for each parcel less than ten acres in size 2.5.6.21. Temporary signs in conjunction with an approved temporary use permit. Sec.2.5.7. 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: 2.5.7.1. Signs which are in violation of the building code or electrical code adopted by Collier County. 2.5.7.2. Abandoned signs. 2.5.7.3. Animated or activated signs,except time and temperature signs. Words stme-4.<-threugh are deleted,words underlined are added. 17 2.5.7.4. Flashing signs or electronic reader boards. 2.5.7.5. Rotating signs or displays. 2.5.7.6. 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 zoning ordinance land development code,shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. 2.5.7.7. 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. 2.5.7.8. Billboards. 2.5.7.9. Strip lighted signs. 2.5.7.10. 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. 2.5.7.11. Roof signs. 2.5.7.12. Portable signs. 2.5.7.13. 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. 2.5.7.14. 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. 2.5.7.15. Wind signs(except where permitted as part of section 2.5.5 and 2.5.6 of this code). 2.5.7.16. 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 2.5.12 having been issued by the community development services administrator or his designee shall be removed as provided in section 2.5.7.Such signs shall include but are not limited to structural signs,freestanding signs,[and]signs attached or affixed to structures or other objects. 2.5.7.17. Any description or representation,in whatever form,of nudity,sexual conduct,or sexual excitement,when it: 2.5.7.17.1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors;and 2.5.7.17.2. Taken as a whole,lacks serious literary,artistic,political,or scientific value. 2.5.7.18. Any-sign-which Beacon lights. 2.5.7.19. Any sign which 13 emits audible sound,vapor,smoke,or gaseous matter. Words stink-EhFei gk are deleted,words underlined are added. 18 2.5.7.20. Any sign which 0 obstructs,conceals,hides,or otherwise obscures from view any official traffic or government sign,signal,or device. 2.5.7.21. Any sign which E employs motion,has visible moving parts,or gives the illusion of motion(excluding time and temperature signs). 2.5.7.22. Any sign which f 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. 2.5.7.23. Any sign which G 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. 2.5.7.24. 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. 2.5.7.25. Any sign which Uuses 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. 2.5.7.26. 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. 2.5.7.27. 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. 2.5.7.28. Inflatable signs. 2.5.7.29. Accent lighting as defined in this code. 2.5.7.30. Illuminated signs,neon or otherwise,installed inside businesses and intended to be seen from the outside. Sec.2.5.8. Termination of prohibited signs. All signs expressly prohibited by section 2.5.7.and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the Collier County Code Enforcement Director,or his designee,or,within 30 days of the end of the amortization period contained in section 2.5.9.or,in the alternative, shall be altered so that they no longer violate section 2.5.7.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 2.5.9.3.• Sec.2.5.9. Nonconforming signs. Existing signs not expressly prohibited by this code and not conforming to its provisions shall be regarded as nonconforming signs. 2.5.9.1. The following signs,and sign structures shall be removed or made to conform to this code within 90 days from the effective date thereof. Words stratsk-tlxoaoh are deleted,words underlined are added. 19 2.5.9.1.1. Signs made of paper,cloth or other nondurable materials. 2.5.9.1.2. All temporary signs. 2.5.9.1.3. Those signs described in sections 2.5.6.7,2.5.6.13,2.5.6.14,2.5.6.17,and 2.5.6.18. 2.5.9.1.4. All non-conforming on-premises signs,and sign structures having an original cost or value of$100.00 or more,and originally built prior to January i ' 1991, which do not comform to the requirements of the 1991 code and all illuminated and/or animated signs, neon or otherwise, installed inside commercial establishments and intended to be seen from the outside may be maintained until February 1st,2003,at which date all such signs must be made to comply with the requirements of this code or removed,except as provided below: 2.5.9.2. Nonconforming off-premises signs.All nonconforming off-premises signs,and sign structures having an original cost or value of$100.00 or more may be maintained for the longer of the following periods: 2.5.9.2.1. Two years from the date upon which the sign became nonconforming under this ordinance. 2.5.9.2.2. A period of three to seven years from the effective date of this ordinance, according to the amortization table below. Sign Cast/Value Permitted Years from Effective Date of this Amendment $100.00 to$1.000.00 3 $1,001.00 to$3,000.00 4 $3,001.00 to$10,000.00 5 More than$10,000.00 7 2.5.9.2.3. Any owner of an off-premises sign who requests an amortization period longer than two years shall,within one year from the date of enactment of these regulations,register the sign with the code enforcement director,or his designee. The following information shall be provided at the time of registration;the cost or value,whichever is greater,of the sign;the date of erection;or the cost or value and date of the most recent renovation;a photograph of the sign or signs and their supporting structure,not less than five inches by seven inches in size;and a written agreement to remove the sign at or before the expiration of the amortization period applicable to the sign.The off-premise sign owner's signature shall be witnessed before a notary public on all requests for extended amortizations.A registration fee of$50.00 shall be paid at the time of registration. Sec.2.5.10. Continuation of nonconforming signs. Subject to the limitations imposed by section 2.5.9 of this code,a nonconforming sign may be continued and may shall be maintained in good condition for the duration of amortizationperiod as required by this code,but shall not be: 2.5.10.1. Structurally or mechanically extended or altered to further the nonconformity, except in cases where it has been determined that there exists imminent danger to the public safety. Words struck t rough are deleted,words underlined are added. 20 2.5.10.2. Repaired or rebuilt when destroyed or damaged to the extent of 50 percent or more of its replacement value,except in conformity with this code. 2.5.10.3. A nonconforming permanent on-premises or off-premises sign shall not be replaced by another nonconforming sign_ All non-conforming signs shall be brought into full compliance as part of any future change requiring a building permit. A permit for routine maintenance or non-structural repairs shall be exempt from the requirements of this subsection provided the cost of such repairs does not exceed 50 percent of the replacement cost of the sign. except that sSubstitution or interchange of letters,on nonconforming signs shall be permitted through the period of nonconformity established by this code. 2.5.10.4. Continued in use when any land use to which the sign pertains has ceased for a period of 90 consecutive days,or has otherwise changed. 2.5.10.5. Nonconforming status shall not be afforded to any sign erected without the required permit issued by the county,state,or any federal agency either before or after the enactment of this code,or to any pre-existing signs which have been illegally installed,constructed,placed or maintained. - Sec.2.5.12.Permit applications. 2.5.12.1. General. Any person wishing to erect,place,rebuild,reconstruct,relocate,alter, or ewe change the sign copy(see section 2.5.5. for exceptions)of any sign shall apply for and receive a building permit in accordance with Resolution 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. 2.5.12.2. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. 2.5.12.3. Form. Every application for a building permit shall be in writing upon forms to be furnished by the community development and environmental services administrator,or his designee. 2.5.12.4. Application contents. In order to obtain a permit to erect,place,rebuild, reconstruct,relocate,alter or chance 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: 2.5.12.4.1. The name,address and telephone number of the:(a)owner and lessee of the sign and(b)sign contractor or erector of the sign. 2.5.12.4.2. The legal description and the street address of the property upon which the sign is to be erected. 2.5.12.4.3. The dimensions of the sign including height. 2.5.12.4.4. The copy to be placed on the face of the sign. Words.r•^k�hr- ug;are deleted,words underlined are added. 21 2.5.12.4.5. Other information required in the permit application forms provided by the community development and environmental services administrator,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. 2.5.12.4.6. Two blueprints or ink drawings,certified by a Florida registered engineer or 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. 2.5.12.4.7. 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. 11],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. 2.5.12.4.8. If the sign or sign copy is to be illuminated or electronically operated,the technical means by which this is to be accomplished. 2.5.12.4.9. 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. 2.5.12.5. 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. 2.5.5.2.1.2. 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 he 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. Sec.23.13. Enforcement. 2.5.13.1. 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: 2.5.13.1.1. 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. 2.5.13.1.2. All signs for which a permit is required shall be subject to inspections by the county manager administrator or his designee.The county manager administrator, 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 administrator,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. Words struck h are deleted,words underlined are added. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2001-60 Which was adopted by the Board of County Commissioners on the 24th day of October, 2001, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of October, 2001. P1 O r": ` ,,,„CD �. DWIGHT E. BROCK ;cx r n Clerk of Courts and CIeA`- J .'/• r" Ex-officio to Board `pf'l`-'` sa =Y County Commissioners By: Ellie Hoffman, ^` Deputy Clerk 419 6 , �g ORDINANCE NO. 2004- r 1 AN ORDINANCE AMENDING ORDINANCE NUMBER DBERLOPMEAS ��6�LOq�g�' AMENDED, THE COLLIER COUNTY CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-7.- �.} OF-WAY, SEC. 4.06.04 TREE AND VEGETATION=' PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE'.; REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROLf, - - CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING;;_ :a SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL;r: 4 STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.0 =' • SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENT',,::'.' AND ADEQUATE PUBLIC FACILITIES REQUIREMENTt: INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE- INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, Page 1 of 156 Words e ruek4hreugh are deleted,words underlined are added re•uest b the Count 's Architect. Should the Count Mana•er or his desk nee re•uest the assistance of the Architectural Arbitration Board then review of the Site Develo•ment Plan will be •laced on hold at staff discretion. Once a final decision b the Board is reached review of the Site Plan shall resume. G Ex s. 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. SUBSECTION 3.U. AMENDMENTS TO SECTION 5.06.00 SIGNS Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.06.00 SIGNS 5.06.01 Generally } • t k B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. For the specific regulations, please see the appropriate subsections throughout this section of the code. • Page 90 of 156 Z• 0 r roc o "� U1 a) a) }1 Ti >I �.1 �I -a E Q 0 a> IY .. Z E o a. 02 ZI Z�}I 'DM ZI}I al �I �I ZI Zi}1 ZI ZI ri ›I u0)1 0I . 7 00 N Ct 2 !Y ` in (n U (6 �O a) N `) 2 a) a) N 2 V 2 ` a) N N V N V U U@ N , a) a3 (0 Co C Q p p (6 co (0 0 C O C O y U (n (j O 0 O C (0 (a r Q1 p (0 a3 Q`I C O C O N N a) N Q c p O 0 0 5 `-1 Z 03 ,- o 05 ,- o N (9 (0 (n . r N w 2 0 O o N C C J 2 N O U N - U (� U T X U X a) 2 O lL X a) N a) a) O w a) (0 O • t!) 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U p 2 2 1— www 2 2 2 = .2 o www 2 2 2 00 E ;� v, (n v 1 p O C c c c p 2 v a N N o 0 0 a N a) ci) a) a) c388 d 0 � � � 000 tl � C U 0 �I�I rf }I }I >I>I >-°1>--4)1 }I}I �I >I }{ >- >- >I}I -; :c1,47,-.°. :1:503) N X o t r �- ic O m E � m N X X 0 2 0 o .....9.., ...,...:,.(1) °rTN�O � rn :a' � m\ v o .v :d ` ' v� 5 `n O '- OO `O O O O N N N N N N E (0 O ,-a Ll 41 0 w O I l Q I Z ¢I a N o 01" Z oZ N Ul w of o) zI ZI ZI o�ZI ZI oI (01 col ZI zI ZI �'ZI 1-:-CI o' 0 (0 0 CC)I�I 'I NI NI ��O 65 - Si U) NI NI NI NI NI —I NI NI•-I V C To O 0 o C7 0 0 �I l ' e @ 0) O O WI � � U i fn (n (7 (� co 4 U U _d Z 0 N N 0 c O) O O 7 = Q Q 5.06.02 6:o6:04 Permitted Signs A. Signs within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. # # # # # # * * * # # 3. Model home signs. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home sign copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home signs shall not be illuminated in any manner. (No building permit required.) 4. Construction signs.All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: e. Advertising of any kind is not permitted on construction signs. * # # # # # 6. On-premises signs within residential districts.Two ground signs with a maximum height of eight feet or wall residential entrance or gate signs may be located at each entrance to a multi-family, single-family, mobile home or recreational vehicle park subject to the following requirements: a. Such signs shall contain only the name of the subdivision, the insignia or motto of the development and shall not contain promotional or sales material. Said signs shall maintain a ten-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of section 64694 5.06.02 may be substituted for ground or wall signs in residential districts. # # # B. Signs within non-residential districts: • 1. Design criteria and unified sign plan.Where multiple on-premise signs are proposed for a single site or project, or in the case of a shopping center or multi-use building, a unified sign plan shall be employed. An application for site development or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified sign plan to be utilized on the site. The unified sign plan must be applied for by the property owner, or his or her authorized agent. The unified sign plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; Page 93 of 156 f. Sign type(s) and location(s); and, conformance with the following: } L The ground or pole,sign shall not be in the shape of a logo and the logo shall not protrude from the sign. IE ii. The use of fluorescent colors is tha-fellawingi and; e .. . - - - . .... - - - — :-•: 5.06.03 O5 Development Standards for Signs A. Development standards. 1.04.01 C. Page 94 of 156 5 1. The maximum size limitation shall apply to each structure. Pole or ground signs may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. 6- 2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/ or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight(8)inches. 5.06.04 68646 Sign Standards for Specific Situations C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed'in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street,or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. -- - III - - maximum of eight tenant names. The name of businesces located on a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an arterial or collector roadway and 12 feet for all other roads,except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimum setback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along an arterial or collector roadway and 60 square feet for all other roads. Page 95 of 156 d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign. with architectural design features including colors and/or materials common to those used in the design of the building the skin is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code,development of landscaping shall be approved by the County consistent with Section 4.06.03 A.of the LDC. a: f. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met,as applicable: • • • • • • • 13 9. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: • 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code, outparcels may by allowed one additional sixty square foot wall skin facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs:and, b. A single ground sign for outparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory skin for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around Page 96 of 156 the base of any Directory SIGN, consistent with the provisions of this section of this Code,development of landscaping shall be approved by the County consistent with Section 4.06.03 A.of the LDC. e. The location of all permanent directory skins shall be shown on the landscape plans as required by section 4.06.05. 3:4. Wall,mansard, canopy or awning signs.One wall, mansard,canopy or awning sign shall be permitted for each single-occupancy parcel,or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy Parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and shall not, in any case,'exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s)or the building; and c. All wall signs for multi-use buildings shall be located at a. consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor's tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu Boards: One menu board with a maximum height of 6 ft and 64 square feet of copy area per drive thru lane. 3- 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. •* . 4. 7. Under-canopy signs. In addition to any other sign allowed by this Code,one under-canopy sign shall be allowed for each establishment in a shopping center. This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 5: B. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in sect ion 5.06.03 this section of this the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway.Otherwise,accent lighting, back lighting and accent striping are prohibited on canopy structures. • c. Color accent banding on gasoline canopy structures and all other Page 97 of 156 structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. d e. Signage, logos, advertising and information are prohibited above gas pumps. e f. Wall signs: As allowed in par-agrafah-2 section 5.06.04 C.4. above of this Code. • f.g. Signs: As allowed in sestien—&0643 this section of this the Code. 6- 9. Signs within planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Throc non • _. __ __ . _. - . _ . Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. • ♦ ♦ • • • • • w • x d. All flagpoles that are permitted must display their permit number at the base of the flagpole in minimum Y2 inch numerals. 8:11. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. „ • • • • e. Holiday decorations. Seasonal decorations will be granted a permit for a period of 30 days prior to the holiday they are celebrating and will be removed no later than 15 days after the holiday. & 12. Special purpose signs (on-site). Due to the unique and varied Page 98 of 156 • nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: • • • b. Barber Pole signs. All traditional size(not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: } * * • • * } * * t * ' iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 C.13.C.16. for illuminated signs. 4-0: 13. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional sign area when the said sign is more than six square feet in area. Directional signs are also subject to restrictions of section 5.06.02 5.06.05 of this Code. • 44• 14. On-premise signs within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: • • * * * • * * * • .12,15. Off-premises directional signs. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his designee, or his designee, if the following requirements are met: • } • • * * * * * * * 4-3:16. Illuminated signs.All illuminated signs shall have electrical components,connections,and installations that conform to the National Electrical Code,and all other applicable federal,state,and local codes and regulations.Further,lighted signs shall:be shielded in such a manner as to produce no glare,hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent;have a steady nonfluctuating or nonundulating light source. 5.06.05 L0GTOa Signs Exempt from These Regulations } } * • • * * } * • * B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises Page 99 of 156 directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.06(C)(10)5.06.04 C.13. of this Code. * * * * * * * * * * * 0. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.02 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5-06-93 5.06.06 of 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. 5.06.06 5:95:93 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 * * * * * * * * * • C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5:86-.06 C.9.b. 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 5.06.06 C.O.b. 5.06.04 C.12.b. * * * * * * * * * * * 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 5-06.03 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. * * * * • * * • * * • 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 5.0602 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 Page 100 of 156 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 -: ': -_-• -et:-- - - - -- °- = , 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. SUBSECTION 3.V. AMENDMENTS TO SECTION 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND Section 6.01.01 Utilities Required to be Installed Underground, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.01.01 Utilities Required to be Installed Underground All permanent facilities, infrastructure, or improvements constructed by public utilities, including those installed by franchised utilities, must be installed, i.e., located and constructed, underground, as set forth below. The utilities included are those providing for, or related to: electrical power (including wiring to streetlights),and-light, telephone,potable&irrigation/re-use water, sewer, cable television, and gas . This section shall apply to all public utilities either proposing, or relocating existing, permanent facilities, infrastructure, or improvements within subdivisions or developments, including all cables, conduits, or wires forming part of an electrical distribution system, which includes all including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems, but . __._ -_ _ ' - ._- _- does not include or apply to wires, conduits or associated apparatus and supporting structures whose exclusive function is for the transmission er-distribution of electrical energy between generating stations, substations, and the transmission lines of any other electric utility provider's systems, or along the A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar"on the ground"facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. B. Public utility Easements shall be coordinated with other appropriate public utility providers with verification of the creation or dedication of such easements provided to the County manager or designee before final subdivision plat and improvement plans approval. C. The installation of underground utilities or relocating existing facilities as prescribed by this section shall must also be in conformance with the respective utility's rules and regulations. D. A: Utility Casings Page 101 of 156 STATE OF FLORIDA) • • COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2004-72 Which was adopted by the Board of County Commissioners on the 10th day of November 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November, 2004 . V , DWIGHT E. BROCFS=' Clerk of Cour .� �s Ex-officio to y � rc,,o f." sr : . County Comms sicis i ti,„ A02 •. ...... - Heidi R. Rackholcy Deputy Clerk ---, ' 5.V. sa ',5,■:''-... fl "-(:, : fir fr 1.. ,t s ,,..., , ..---/- • , r; AND -..a''. . • t'''',1'. APPLICATION DATE PERMIT NUMBER 12/03/93 930015024 . . OWNER- CONTRACTOR- ' SITE pit. ORANGE STATE INDUSTRIES, INC. 4612 E TAMIAMI TRAIL 1911 N.W. toTH ST. t NAPLES FL 339420000 POMPANO BEACH FL 330690000i [ J.- PROJECT NAME-NEW FACIA FOR CANOPY-REmOvE AND REPLACE EXIST/356-6523 k ' JOB ADDRESS- 4612 E TAMIAMI TRAIL GEN LOCATION-CENTRAL NAPLES FOLIO *- 63400200007 GUEOIWSION-NAPLESTWIN LAKES TRACT-000 tett400'4S TWP-49 RANGE-25 NAP/AREA- BLK- 1 LOT/PARCEL-16-1E1 UNIT- igPAL i PERMIT TYPE- SITE IMPRIPK LOTS, TENWIS CTS) i . . -,-, '• ,,,Ct , ' .''COO OF CONSTRUCTION- .s7,500 APPROVAL DATE-12/03193 CONTACT PERSON-BRUCE , ..,. CCUTPCT PHONE *- 8001356-6523 , INS CANOPY .i..74.', .: . t:'L ,',..,.._-__,•'-‘ __,.____,, ' ..— ._,.: t 4.!,,F.:...,:,•'‘,',.1tV,,:alltriMiakilabeested. food is hemby approved subjectiothapaymaaar$ ( 9_ 469 „ ;','',•:'.***11: by .*• ‘- Covey Ruil de and ofcrinanceL , :SCiiii.0*eivedi 1: * Limelmaut of-- ,/ --...4 I Recet1o.,a_1 12_40_ *(ial*- 00.0maibdiefaspenaltaltancomplyarilhall vpricabie laws.=duo:seam=and adthdaaatadpdadam r.:',:2,...1117.*Ttaadj**• :aiiii ::, !aWi The appondpermitexpEes ifvork aadasizedia notcaumammetwidiasix(6)mandishasid* 7, SOk 2V**1ie****41.41betioubled.pigs amuimimi dailypeaaky afS500.0difwarkitummdmilhoot aaappparbipenaii. i. 1•.11,' '''-ilmiiiimitt' ettaidieraiderstmadtdatadyrcemedcmaramaumaybeemployedzoddattheuramme ” OfOCCUPMCYMSSMed. 7 Sigpone of Comuscior,e...e.c.,e-c."- tanftlaadligiaata desapiumais angina*,AlcregWYtelliftliglettii.do. *a : . .: tiz:k:'::: pqmaythmalsemtbandiathepabrcuardeafiliscomay.mddammaifbeadidolias :r adirso eaddmachas weer mamseastaciadca.sauagauiek or*dad*Wes. ____ g 'itlik -:.. WARNING TO OWNER: YOUR FAILURE TO RECORD-A . .., , -.ft,,,,,,,,, --Aspr.= -,--; . NOTICE OF COMMENCEMENT MAY RESULT IN YOUR ,-,,,...,,--_, ,- „..., .,, p=,=43::,,,:,..,:- ,-- pAyx$0. TWICE FOR IMPROVEMENTS TO YOUR ., ._ _.,., - - : . . FlibiSf - PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, _. ., CONSULT WITH YOUR LENDER-ORANATFORMYREFORE RECORDING YOUR NOTICE OF COMMENCEMENT. i :.''a? '� ' ` ''��.s: 1 'dry 5 wj ,. . s 4 �i3 f ` V*Iiett Validated R �i�e� 1 Y e � -. 4y Y - �„ ..- s �mil- `` rw..a •"a.- ,,A a—,.• ,•,..,..:s M L 74; � � s v.• Lyjj'� •tea r " 'e:� �" 44''''N'' '��kk 1 ''"w*�.SSy L. k 1\.£ass "� _ • Y k •r C k J -A � S" i' a� a ..'4 &,te -�;aiiii S � 1 a� s * - "�' ' .. • O T 1 E T '+ ° .c R } te ' -! y� 1y t-'40,47-'407-AftlgS•'-'W,M,;*;•,V•k;:j.::'-,,,,;4,� h te', k �R f . • = ► EXPRESS APPLICATION FOR BUILDING t-CRMIT J COLLIER COUN 'a - ,, ,, ('vim OOa'c �7 813L-143— 1i QL 0.J 1593 III Property ID# Application Date 1 ti 1 . r apertY App! .._J)# fa' , * : • , CSA 301 Co snuaon Trx7K _306 Fences _ kA"labfeirr't:rrtgaanm4A , lY —3 rents 300 AC Replacement _332 Replace _ 321 Seaaai _333 Wood Deck 339 Pamela _309 Fee Suppressiar Systems — 322 Septic Tane —331 Screen Room 345 Carport 1 a 2 Farniy/Parool _336 Rappels — 323 Serer Tap Windows ,r _308 Chides _ 338 interior Partition _ 343 SW% _800 Welt /' —310 Conte t tertid Soorape Tanis _311 lain Sp&door _ 324 Signs _347 Tent Seperalar _302 Dock d Orhts 1 d 2 Family _341 Place _ 342 Stab Walffrewal _303 Demotion _333 Plumbing RepassNodirip s _ 335 Wing Glass Doorsiermo es _331 Site Immurement 1 _331024 Drivereys tenor _3314 Propane Gas Tanta _ 325 Solar Heat (fermis Courts.Peking 335 E dtauA Hood System _316 Reoo _ 326 Storage rnrq Pool 1 Residential Parody •A Landscaping) 344 Exterior WdfeMer r _319 SateSite Dish _ 328 Temp.Electric Poles a� RESIDENTIAL-USE/OCC CODE NONRESIDENTIAL-USE/OCC CODE Nr,• 998 Express Residential Other 999 Express NonResidential Other , Specify: Specify: 328 Other Residental Buildings 528 Other onResidertial Buildings Sheds/Carport-1&2 Family Cooler/Freezer/Shed 329 Structures other than Buildings Specify: 529 tt Structures other than BuiDockngs /Tan ldi k Tower/ I Roof Structure - Construction{yam 5I6/ No_G/.S: Owner S'iTV 6i k_ / Ma, . A Address (it/2 No.N-r. .2.. Block _ice LoJP&cel r l Unit?S C M acea ob�//� ; was. Zip General Location: 1 2 3 4 5 6 7 8 9 10 11 12 Phone No. .3G S 0JZ'D!s-3 s -G S a 1 ZONING Suldelleillidei I � N L s^r�r Value ir;xa / CIO.V WARNING-WORK IN RIGHT OF WAY Th s petintIdoes nct:uthorize construction or;ration of any structure or utiTrbic above or below ground,within any right—y or easement reserved t'or access,drainage or Witty purposes.This restriction specifically prohibits fencing,sprinkler sys',erras, tar ing otherthan sod,signs,wate4 sew•sc,Cable and drainage work therein_ff such cnpcovements me necessary.a separate permit For that purpose must be obtained from Project Review Services(643-8471)- I —too Faaeogs _20o tt Ramat —127 Elevation Ostikee REVLFWE4)FOR C::: t _tat slab _204 Fad Pang —900 Marco Fu Dept CO�LIANCF COUNTY DEPTS. _104 Teem _300 Uedwdo l Rough AC —901 fist Naples Fse Sept- _1W Te le _1f 34`i30s 1 FF�inaa+l 9F_i3rtnnn r. NC —91 teeth k a Nge s s o Dept.pL 29IWlGl tls ".s t _166 frames _501 SadricJbph _l to rats tool _9rr4 Me t5dmgaoo a Strom a< ENEINEERING s —201 seer _40 Fgl rags —906 tnrtata nt UTILITIES s I >S6 .' —110 Tie Dam _806 bake ce V . _937 as Calarae r —619 A9luten Control _801 Storm War rant _8n see w aonenwnt Rl 5 —700 Pont Sind a fiord 122 Spat Sung-10 dale I TEAL PONT f$ St d� J It —701 Final Notice d I rer�a� Sr-, STATE-REGISTRATION NO. CARD NO. Coratracbr�iPA.vG r .�r -r--r 1,4,.c p C a C O/8'/O'; IAddress/.9i//l/w/6 f7 City�..��.,.u2,/.�C.x State f=G rip Code ?3O Signature -.(_- Z— Date /.2-z-s T FLORIDA StfORWORNI INDIVIDUAL ACKNOWLEDGA19.7(F.S.595.254) I I SITE OF i:1DIffi4 The foregoing irintment was adolowledged tetote me this (2—/ �'� ty d COlNTY OF ,who is peiSOnaly known fg he kflacannwitipkg) or who has produced 11 r L5 �1zto `ittJ`[&6WG0(Type et idenbrcalasn) I as identification and who dud(dad rat)tale:an oath_ i -- r:'.r♦ y Pu�x CUmnS10n No.w xsao k. ., h a . *nv F`=`1 L. =. m. (Name of Notary typed,printed or stamped) I PERPAT NO: l 3- 1 cuts( K`{ ) s Sx'a Y { ie ;::;%''r\ OANNO .::Thi: ., \k;e) OWEANGE STATE INDu6TEIEg,jNC. 'gyp a r 1 Y 193 c �. } y� �n x Cote e`2Covv�7 Building ' F �3 Oepart. �,t F Wsil s This letter To Whom It May Concern: cz +f'! S CLLCT 1J being 3 .. _. �� J\' �5- '+`~J i.0 allow i';i_ Bruce n'.c t act in Gt WA., :aOL my behalf in obtaining a replace an S ..e.e. y an,. ex5'i— building fascia at aiG r., � N_ ..`. 41, Naples, F1_, per uc ai.:i_ a. �, «2079 & »833 engineered by William .,_ . syars, _E_ ^s 0 /4'17 CG 0018403 �z-- ,} _ sa.a rasa Inc.t ?..cit'0,1, -file Citv,.."--P-4 t70'L0 448Eb�D 1.1]iD1I OhEI2.� � S OFROAL NOTARY SEAL'` : i.-` ARY PUBLIC S1At OF FLORIDA'' k`v `3"O CCS43 O k =,+ 1811 kY.CM*'5'ON iai$5raErr F7P•LpaVEXP2291 ;Nc BEACH,FY oaa 33069•(305)971-9x98 FAX 9610318,_ � r,g. s �. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-51 vs. ROCK OIL COMPANY, R/A: CT Corporation System, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007, 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 Rock Oil Company 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 by Attorney Clay Brooker. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4648 Tamiami Trail N.,Naples, Florida, Folio 63400200007,more particularly described as Lots 16, 17,and 18, Block 1,Naples Twin Lakes,according to the Plat thereof recorded in Plat Book 4, Pages 35 and 36 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 5.06.04(C)(8)(c) in the following particulars: The prohibited existence of color accent banding on gasoline station canopy structures well as the service station structure. 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 5.06.04(C)(8)(c)be corrected in the following manner: 1. By applying for color approval from Collier County and applying for a permit, if needed, within 14 days(July 2, 2007). 2. By removing the blue and red accent banding from the gas pump canopy and facade of the main structure within 60 days from permit or color approval,whichever is applicable(August 18,2007). 3. By painting the gas pump canopy and facade of main structure a soft earth tone or pastel color within 60 days from permit or color approval,whichever is applicable(August 18,2007). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (July 2,2007),then there will be a fine of$200 per day for each day until the submission is made. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days (September 2,2007),then there will be a fine of$200 per day for each day the violation remains. 7. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days • (September 2,2007),then there will be a fine of$200 per day for each day the violation remains. 8. 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. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$438.95. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this :-9 ) day of ),,, c ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ;< -vut, Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 S FATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this • 27 day of 3-LW '. 2007, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or t/who has produced a Florida Driver's License as identification.Alf A ,�N"^ KRISTINE HOLTON OTARY PUBLIC UBLIC ,r MY COMMISSION#DD 686595 •-���:o� EXPIRES:June 18,2011 y commission expires: ,p,u,„• Bonded Thru Notary Public Underwriters ta►e or F LOit(DA :cunty of COLLIER I HEREBY CEFTIFY THAT this Is a true and :orrect CCCV ^r :? ,. .. °� r3 onr 1 - t`.r"±r County I IIT J, SS my { 1 f.. N a. ► ♦Itr w :llt��l day of WI HT E. BRO( C/LER)4 OF CO(J T•$ ■ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rock Oil Company, R/A: CT Corporation System, 1200 South Pine Island Road,Plantation, FL 33324 and to Cla Gfiq B ooker, Esq.,Cheffy, Passidomo,Wilson&Johnson, 821 Fifth Avenue S.,Naples,FL 34102 this day of 2007. M.Jean a son,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert Hoover., Respondent(s) CEB No. 2007-56 DEPT No. 2006060159 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 Deed 8-9 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-56 DEPT CASE NO.2006060159 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Robert Hoover,Respondents NOTICE OF HEARING To: Robert Hoover 1280 251 Street SW Naples,Fl 34117 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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 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. /i_Abol, . Bendisa . ku 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.2007-56 vs. DEPT CASE NO.2006060159 Robert Hoover,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 of the Collier County Land Development Code, as amended, sec 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) 2. Description of Violation: Owner made an addition to the garage and principal structure without a Collier County Building Permit. 3. Location/address where violation exists: 1280 25th St SW.Naples FL.34117 4. Name and address of owner/person in charge of violation location Robert Hoover 1280 25th ST. SW.Naples,FL.34117 5. Date violation first observed:June 5th 2006 6. Date owner/person in charge given Notice of Violation:Notice of Violation given to owner Robert n Hoover on 6-16-06 7. Date on/by which violation to be corrected:July 15th 2006 8. Date of re-inspection: July 17t 2006 9. Results of Re-inspection: Violation still remains prepare case for Code Enforcement Board STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th.day of March, 2007 Q Q Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or /" 1 -e an' ub• ribed be ore this? ofd,2007 by . / _ _ � 4 L ■(Signature ore otary Public) (Print/Type Stamp Commissioned Personally known or produced identification Nam GARY P.DA ^ Type of identification produced = � �Comni000a'xr0e4 Expires im2oi1 x . ►, \I ,.._,41 Florida Wry Assn.,Inc II •..zn eesese REV 3-3-05 2 . Case Number 2.o0 t00fo 0 61 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements ( . NOTICE OF VIOLATION Respondent pr,I ,t�-4 � w e(, Date: Co /fb/Q(© Investigator: /� /1 �. !O `4 c� h Phone: 2396 S 7s, Zoning Dist E SS Sec i 3 Twp: i s s-0 a 5 5 Legal: Subdivision Block p Rt b (0 7 b (`�Ch '1451, u- Block-l� i A.a._ Lot Q /\_3« PL i y ii'7 Location: Folio 3'7 3 Li 3 000 OR Book 217 r Page ,Q,i 1 5 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 OSection 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 g permit or copy shall be kept on the site of the work ( Bu ding or land alteration permit and certificate of occupancy until the completion of the project. 10.02.06(BX1)(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 permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities.No person shall make connections from a utility,source of energy,fuel or power to any building or system that is X0.02.06(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 A`&i t/r t Q✓t \ (-I co ra e. );k k c�•.i t�Y�eu \- /� applicable county regulations. C_ell(t e t t t~V., L w k.. .0.14 J ,��,3 P fir`\ • X0.02.06(B)(1)(d)(i)In the event the improvement of property,construction of 'l 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). rfler to Correct Violation(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, 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 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 .1 ` �\ building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: I certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with I) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and c. • .rosecution. OR approved substitute shall be in place,etc. 2) Code Enforcem-. :oard review that may result in fines up to$1000 per day per v'olat.• as long as th violation remains, and costs of 0104.1.35 Prohibited Activities prior to Permit Issuance. A building permit pro .1 se r°. (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at Respondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are f r not limited to, excavation pile driving (excluding test piling), well drilling, C„/i 6AC.9 formwork,placement of building materials,equipment or accessory structures nvestigator's Signature ate � and disturbance or removal of protected species or habitat,etc. 'ion 106.1.2 Certificate of Occupancy. LJ106.1.2 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 Poctino RP..t/ii dine .3_ APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10,02.06 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 agencies prior to commencement of any construction and/or development,including any changes in land configuration and land preparation. • LDC10:81 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. 380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building.permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. f 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 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 LDC1 0:83 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 • hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 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. 1. 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. LDC10:64 7. • Prepared by: 3801454 OR; 3998 PG: 2178 Karol Knox WORM) in OFFICIAL WORDS of COLLIS' COURT! FL Tropical Title Insurance Agency,Inc. 03/l5J2006 at 00:31U DRIGHi d. BROCR, CURL 660 9th Street North,Suite 3 DOC i70 I8.50 Naples,Florida 34102 C-, 70 File Number: 512T3937 Tan: TROPICAL TITU 650 9TH STRUT 1 13 RULES FL 30102 Warranty Deed Made this 13th day of March,2006 A.D. by Robert Hoover, A Married Person, Individually and as Trustee of the Robert Hoover Revocable Living Trust dated March 27,2001,Joined by His Spouse,Lisa Hoover whose address is: 1280 25th Street SW,Naples, FL 34117,hereinafter called the grantor,to Robert Hoover,A Married Person whose address is: 1280 25th Street SW,Na• i O 7, hereinafter called the grantee: (Whenever used herein the - 1 y -ntor" and -" include all the parties to this instrument and the heirs, I •- re•resentatives an. tins of individuals, and the successors and assigns of co •• =ti.: - Witnesseth, that the gran •r, • a .. T • - sum of Ten Dollars, ($10.00) and other valuable considerations, -a- . -o _ .!,y a ,w •-d, hereby grants, bargains, sells, aliens, remises, releases, cony- • . confirms unto i gra --,°, that certain land situate in Collier County, Florida,viz: Tract 122 , GOLDEN G ATES, , ,G.. 15, according to the Plat thereof, recorded in Plat : • to 76, of the Public Records of Collier County, Florida. Parcel ID Number: 37348360006 Grantor warrants that Grantor is the trustee of the above stated trust and has full power and authority to sell and convey the subject property in accordance with the powers stated in the deed conveying the property to Grantor as trustee of the stated trust,and that said trust is in full force and effect and said trust has not been revoked or otherwise terminated. There is no beneficial interest being transferred.The trust is solely owned by the Grantors and Grantee. 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. � Ej *** OR. 3998 PG: 2179 *** 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. ' In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: . :::i. ' ^ /Robert Hoover, Individually and as Trustee (Seal) 1 witness Prim Name Af or Al (Seal) 1 Witness Printed Name Karol L Knorr Lisa Hoover 1 State of Florida County of Collier The foregoing instrument was _1.4 `wl✓'-.lP-7. V ■ day of March, 2006, by Robert Hoover, A Married Person, Indivl. - y -nd as . - Trust, 301 -• by His Spouse, Lisa Hoover,who has produced a nor'.. :, er's License as .:t- ;i--;0_,:fr. fit'O� s& (sue) ,�y'� ►U►ROL L KNORR C rY Pu•lic Id k 111) I Commission 1 DD 0181333 Print Name: r ':. Expires 1/30/2007 Bonded throe h My Commission Expires: 800-432-4254 FlorI Noy through Inc. . /...„, 9 �vni w yr ■.VULN I i I.VIVIIVIIJJIUIVtKS Collier County, Florida Petitioner, Vs. CEB NO.2007-56 Robert Hoover DEPT NO. 2006060159 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, t,st c,,, , on behalf of himself or Rnbe--* \--\\-0,24,,, R.-4' 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 2006060159 dated the 18 day of June, 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 June 18th 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 that the violation did exist. 2) The violations are that of section(s)10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of Ordinance 04-41 as amended of the Collier County Land Development Code and are described as an unpermitted addition made to the garage. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$12.87 that accrued in the prosecution of this case. (--(0 C.3-0-e. AleA Respondent - e Arnold, Directo Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-56 vs. ROBERT HOOVER, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007, and the Board, having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Robert Hoover 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 1280 25th St., S.W.,Naples, Florida 34117,Folio 37348360006,more particularly described as Tract 122,GOLDEN GATE ESTATES, Unit No. 15,according to the Plat thereof recorded in Plat Book 7, Pages 75 and 76 of the Public Records of Collier County, Florida was in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(I)(a), I0.02.06(B)(I)(d),and I0.02.06(B)(I)(d)(i)in the following particulars: Owner made an addition to the garage and principal structure without a Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,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)(I)(a), I0.02.06(B)(1)(d),and 10.02.06(B)(1)(d)(i)have been corrected. The Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$12.87. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this , % day of ,, ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA . i, BY -7.�e,, '):( ,,,.r; Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of e_c.n-� , 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ‘....7-who has produced a Florida Driver's License as identification. lit',oy KRISTINE HOLTON �-K _,: F_� .: MY COMMISSION#DD 688595 NOTARY PUBLIC 10,4; EXPIRES:June 18,2011 4yfd' Bonded Thru Notary Publir,Undewniers I My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE' has seen sent by U. S. Mail to Robert Hoover, 1280 25th Street S.W.,Naples, FL 34117 this clay of ...; - ,2007. ( A M. Jean ;awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 :.;rate 01 F LOR1uA .;ounty of COLLIER I HEREBY CP T4, 1110, 'i Is a true and correct copy r;' .= ,, ;+: ttt}ri file to rsoard Mira ay.il } ° � Ln■ Collier Count rP3E S my y${,, =at:: , tI41 I this OWI ' E. BROG L (12 ?7 - COUR COURTS D.0 ______ ...‘,./< I IV 1 1 LUIVIIVIIJJIUNCKS Collier County, Florida Petitioner, Vs. CEB NO.2007-56 Robert Hoover DEPT NO. 2006060159 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, t- tx \trx �r F,c;k��-r-� \\<<�� ���- on behalf of himself or Agreement with Collier County as to the presol tiiioneofoNot es ofeViola onninrreference (Stipulation caseatnu and 2006060159 dated the 18 day of June, 2007. ( ) tuber 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 June 18th 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 that the violation did exist. 2) The violations are that of section(s)10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of Ordinance 04-41 as amended of the Collier County Land Development Code and are described as an unpermitted addition made to the garage. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$12.87 that accrued in the prosecution of this case. Respondent Mfd le Arnold, Directo Code Enforcement Department 2.''3/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Scott C. and Tammy S. Furst, Respondent(s) CEB No. 2007-59 DEPT No. 2006090121 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-9 Deed 10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-59 COLLIER COUNTY DEPT CASE NO.2006090121 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Scott C.and Tammy S.Furst,Respondents NOTICE OF HEARING To: Scott C. and Tanury S.Furst 111 Pebble Beach Blvd Naples,Fl 34113 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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 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 M. ku 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. 2007-59 vs. DEPT CASE NO.2006090121 Furst, Scott C and Tammy S,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 Florida Building Code,Outdoor Swimming Pools, Sections 424.2.17.1.1 through and 424.2.17.1.14 2. Description of Violation:No permanent protective barrier erected around perimeter of pool 3. Location/address where violation exists: 111 Pebble Beach Blvd., Naples, FL 34113 (Folio 54952840005) 4. Name and address of owner/person in charge of violation location:Furst,Scott C and Tammy S 5. Date violation first observed: 09-07-06 6. Date owner/person in charge given Notice of Violation: Good service obtained 03-14-07 via posting 7. Date on/by which violation to be corrected: 03-26-07 8. Date of re-inspection: April 11,2007 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 ; .. .lie hearing. Dated this // lay of*ItZ 2007 ' Mario B I no Code E ce p ent Investigator STATE OF FLORIDA COUNTY OF COLLIER ,/ 7 Sworn to(or affirmed)and subs +'bed before this //—' day of ,2007 by , (Signa -e of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificati n produced J'lfit Y i�U LIC. Tt^- °� 1.471w,„„64....D.D61$48^ F j11S: N c REV 3-3-05 uDNDBTHR[tgTI,,�NTI( s�OV 29 2�2G NinNOr0..(Nr Case Number 2006090121 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION tier: Furst,Scott C&Tammy S Date: 03-14-07 Investigator Mario Bono Phone: 239-403-2481 111 Pebble Beach Blvd. Zoning Dist RSF Sec 19 Twp 50 Rng 26 Mailing: Naples, FL 34113 Legal: Subdivision Lely Golf Estates Block 10 Lot 2 Location: 111 Pebble Beach Blvd.,Naples,FL Folio 54952840005 OR Book 2958 Page 3277 Unincorporated Collier County You are directed by this Notice to take the following NOTICE corrective action(s): Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended,you are Owner must submit application for Collier notified that a violation(s) of the following Collier County County Permit within 14 days of this notice for a Ordinance(s) and or PUD Regulation(s) exists at the above- permanent protective barrier Owner must erect described location. permanent protective barrier within 30 days of issued permit and request all inspections and DOrd No. 2004 Florida Section 424.2.17.1.1 obtain certificate of occupancy/completion issued Building Code through by a Collier County Government building Outdoor 424.2.17.1.1 inspector. Owner must contact the investigator of Swimming Pools 4 this notice to insure progress and coordinate site DOrd No. Section visit for compliance. DOrd No. Section El Ord No. Section DOrd No. Section ']Ord No. Section DESCRIPTION OF CONDITIONS CONSTITUTING'1'liE VIOLATION(S). Supplemental attached Did Witness: ON OR BEFORE: March 26, 2007 Observed temporary pool barrier around perimeter of pool. Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains,and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE DPersonal Service ❑Certified Mail Posting of Property ENFORCEMENT INVESTIGATOR Mario Bono 2800 N.Horseshoe Dr.Naples,FL 34104 OFax DMail (239) 403-2481 F • 239)3•'-3927 Investigator signature Signature and Title of Recipient ' TIOLATION STATUS: Print Initial ['Recurring ['Repeat ,� Dated this 14 day of March ,2007 ORDER TO CORRECT VIOLATION(S) : Nntir.of Vinlatinn nr:oinal to Filp c,...!11x:..:..1 D..-a:.... n-.. '7 AFFIDAVIT OF POSTING a Respondent(s): Furst Scott C & Tammy S Code Case 2006090121 111 Pebble Beach Blvd. CEB# Naples,FL 34113 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable documents) ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑Other: I, Mario Bono , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s)for the above respondents at 111 Pebble Beach Blvd., Naples, FL 34113 (Address) on 3-14-07 , 12:45 DM ,and at the Collier County Courthouse. (Date) (Time) 4 Signature Code Enforcement Investigator Title STATE OF FLORIDA COUNTY OF COLLIER sworn (or ed)and subscribed befor- ••-��..'s /' i day of i c 20_07 ,b ALe_ 111��,, y . Linda C. WOlte lam -r ' ,,,�g►_ s • em' = `�'=Commission#DD273407 /-=AI.. ` , Expires:Dec 07,2007 =iii•tore of otary Public) 9i;....0.e: Bonded Thrn "a'i a'`'' Atlantic Bonding Co.,Inc. (Print,type or stamp / Commissioned name of Notary Public) Personally Known�"� Produced Identification Type of Identification Produced Affidavit of Posting(Immokalee) Original to File Copy of Posted Notice and Pictures Attached Rev 6/nn AFFIDAVIT OF MAILING AO, Respondent(s): Code Case_20,40 n 24:eat 1/f ka,e' CEB # 779& ( d THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) • ►i. • • e of Violation r Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear O Code Enforcement Board Evidence Packet ti ❑Other. / r - hereby swear and affirm that a true and correct copy of the AV( ode En orcement Oil'al) notice referenced above,has been sent by First Class, U.S. Mail to the above respondent(s) at (Address) • On this �6.) day of W I 4011r l/i gnature / Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to�( fl'um )and subsc ' befor ii.41 -AO d, if', {'6/La./ 200 by ••e . .e .n . g s, eisen Si Se•Lure of Notary Public) • (Print,type or stamp NOTARY PUBLIC•STATE OF FLORIDA Commissioned name of Notary Public) K.A. Van Sickle i Commission#DD618488 Personally Known X ''••„„.�•'Expires: NOV. 29,2010 Produced Identification TAU ATLANTIC BONDING co,INC. '. Type of Identification Produced Affidavit of Mailing • Ori ai n a t fn Pa” Florida Building Code 2004, Building T frt t 'FLORIDA r I = !BUILDIN it ii�_s f ' '- '7 . �..�,..°, 4, sego. �—— F:c._... t :- tip _ 4 ,Lij. taw.., ii 1 , 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) 931-45331 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. c SECTION 424 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRI... Page 37 of 42 Electrical wiring and equipment shall comply with Chapter 27 of the Florida Building Code, �-. Building . 424.2.17 Residential swimming barrier requirement. Residential swimming pools shall comply with Sections 424.2.17.1 through 424.2.17.3 . Exception:A swimming pool with an approved safety pool cover complying with ASTM F 1346. 424.2.17.1 Outdoor swimming pools. Outdoor swimming pools shall be provided with a barrier complying with Sections 424.2.17.1.1 through 424.2.17.1.14 . 424.2.17.1.1 The top of the barrier shall be at least 48 inches (1219 mm)above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 424.2.17.1.2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not . . allow passage of a 4-inch diameter(102 mm)sphere. 424.2.17.1.3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 424.2.17.1.4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located On the swimming pool side of the fence. Spacing between vertical members shall not exceed 1% inches (44 mm)in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1%inches(44 mm)in width. 424.2.17.1.5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm)or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 1% inches (44 mm) in width. 424.2.17.1.6 Maximum mesh size for chain link fences shall be a 2% inch (57 mm) square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 1% inches (44 mm). 424.2.17.1.7 Where the barrier is composed of diagonal members, the maximum opening formed 7. SECTION 424 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRI... Page 38 of 42 by the diagonal members shall be no more than 1% inches (44 mm). 424.2.17.1.8 Access gates, when provided, shall be self-closing and shall comply with the requirements of Sections 424.2.17.1.1 through 424.2.17.1.7 and shall be equipped with a self-latching locking device located on the pool side of the gate. Where the device release is located no less than 54 inches (1372 mm)from the bottom of the gate, the device release mechanism may be located on either side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap from the outside. Gates that provide access to the swimming pool must open outward away from the pool. The gates and barrier shall have no opening greater than %2 inch (12.7 mm)within 18 inches (457 mm)of the release mechanism. 424.2.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. All doors and windows providing direct access from the home to the pool shall be equipped with an exit alarm complying with UL 2017 that has a minimum sound pressure rating of 85 dB A at 10 feet(3048 mm) and is either hardwired or of the plug-in type. The exit alarm shall produce a continuous audible warning when the door and its screen are opened. The alarm shall sound immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall be equipped with a manual means to temporarily deactivate the alarnfor a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches (1372 mm)above the threshold of the door. Separate alarms are not required for each door or window if sensors wired to a central alarm sound when contact is broken at any opening. Exceptions: a. Screened or protected windows having a bottom sill height of 48 inches(1219 mm)or more measured from the • interior finished floor at the pool access level. b. Windows facing the pool on floor above the first story. c. Screened or protected pass-through kitchen windows 42 inches(1067 mm)or higher with a counter beneath. 2. All doors providing direct access from the home to the pool must be equipped with a self-closing, self-latching device with positive mechanical latching/locking installed a minimum of 54 inches (1372 mm)above the threshold, which is approved by the authority having jurisdiction. 424.2.17.1.10 Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of Sections 424.2.17.1.1 through 424.2.17.1.9 and Sections 424.2.17.1.12 through 424.2.17.1.14 . When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a flinch-diameter (102 mm)sphere. htto://infosolutionC_coo/1Cr:P./Os1-Ftwav rill/F1nrir1a13/'�nrs,ctnm/R,,;1r1 nnn rT /24 (1,1F_+. tnn 1 1' nn, SECTION 424 SWIMMING POOLS AND BATHING PLACES (PUBLIC AND PRI... Page 39 of 42 424.2.17.1.11 Standard screen enclosures which meet the requirements of Section 424.2.17 may be utilized as part of or all of the "barrier" and shall be considered a "nondwelling" wall. Removable child barriers shall have one end of the barrier nonremovable without the aid of tools. 424.2.17.1.12 The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements of this section. 424.2.17.1.13 Removable child barriers must be placed sufficiently away from the water's edge to prevent a young child or medically frail elderly person who may manage to penetrate the barrier from immediately falling into the water. Sufficiently away from the water's edge shall mean no less than 20 inches(508 mm)from the barrier to the water's edge. Dwelling or nondwelling walls including screen enclosures, when used as part or all of the barrier and meeting the other barrier requirements, may be as close to the water's edge as permitted by this code. 424.2.17.1.14 A wall of a dwelling may serve as part of the barrier if it does not contain any door or window that opens to provide direct access from the home to the swimming pool. • 424.2.17.1.15 A mesh safety barrier meeting the requirements of Section 424.2.17 and the following minimum requirements shall be considered a barrier as defined in this section: 1. Individual component vertical support posts shall be capable of resisting a minimum of 52 pounds(24 kg) of horizontal force prior to breakage when measured at a 36 inch (914 mm) height above grade. Vertical posts of the child safety barrier shall extend a minimum of 3 inches (76 mm) below deck level and shall be spaced no greater than 36 inches (914 mm)apart. 2. The mesh utilized in the barrier shall have a minimum tensile strength according to ASTM D 5034 of 100 lbf, and a minimum ball burst strength according to ASTM D 3787 of 150 lbf. The mesh shall not be capable of deformation such that a 1/4-inch (6.4 mm) round object could not pass through the mesh. The mesh shall receive a descriptive performance rating of no less than "trace discoloration" or"slight discoloration" when tested according to ASTM G 53, Weatherability, 1,200 hours . 3. When using a molding strip to attach the mesh to the vertical posts, this strip shall contain, at a minimum, #8 by' inch (12.7 mm)screws with a minimum of two screws at the top and two at the bottom with the remaining screws spaced a maximum of 6 inches (152 mm) apart on center. 4. Patio deck sleeves(vertical post receptacles) placed inside the patio surface shall be of a nonconductive material. 5. A latching device shall attach each barrier section at a height no lower than 45 inches (1143 mm)above grade. Common latching devices that include, but are not limited to, devices that provide the security equal to or greater than that of a hook-and-eye-type latch incorporating a spring actuated retaining lever(commonly referred to as a safety gate hook). httn_//infosolutions.com/icce/cra.teway.r111/Flnrida0/00C'.iictnmlRnilrl9.M4 FT./1F/K(l9f-tP 1 n/11 i')nnc Q • Prepared By crystal Roman • lslana Title Guaranty Agency,Inc. *** 2912955 OR: 2958 PG; 3277 *** 6300 NAPLES,ES,Bird. IICORBO in OPPICIM LIMBS of COMB COOOTP, PL NAPLES,FL OI�Ctj20Ct at OIl3101 NM!1. MCI, CLIRI incidental to the issurance Of A title insurance policy. C0111 115900.00 • tile Number.012996n Parcel ID H:54952840005 RRC PEI f.0I Ciratttee(s)SS 0: COC•.t0 1221,11 WARRANTY DEEIletti: (INDIVIDUAL) I011111 TM COWS??AGIICP I ?ICI VP This WARRANTY DEED,dated 12/21/2001 by • Graham T.Hansard,a remarried sun'ivng spouse of Ruth W.llassard whose post office address is: 111 Pebble Belt,Blvd.,Naples,FL 34113 hereinafter called the GRANTOR,to Seen C.Furst and Tammy S.Furst,husband and wire whose post ofiiee address is: 190 Pebble Beach Blvd.111,Naples FL 34113 hereinafter called the GRANTEE: (Wherever used herein the terms"Grantor"and"Grantee"include ail parties to this instrument and the heirs,legal representative and assigns of individuals,and the successors and assigns of corporations.) WTCNESSETH: That the GRANTOR,for and in consideration of the sum of 510.00 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,Flarhia,viz; Lot 2,Block 14,LELY GOLF ESTATES,Unit No.2,according to plat,in Plat Book 8,Page 58,Public Records of Collier ' County,Florida.Subject to restrictions,ieserrations and casements of record. Grantor hereby warrants that the property described in this instrument is not Ids constitutional homestead as provided by the Florida Constitution. SUBJECT TO corenans,conditions,restretions,reservations,limitations,easements and agreements of record,if any;taxes and assessments the the year 2001 and subsequent years;and to all applicable seating ordinances and/or restrictions and prattrbitions • imposed by governmental authorities,if any, TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining,. ID HAVE AND TO-HOLD,the same in fee simple forever. AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted,the GRANTOR is lawfully seized of said land in Ice simple;that the GRANTOR has good right and lawftrl authority to sell and convey said land;that the GRANTOR hereby fully warrants the tide to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,GRANTOR has signed and sealed these present to date set forth above. • SIGNED IN THE PRESENCE OF THE FOLLOWING W1TNESSE,Sj /� f/ Gs SigRaRtrc y4r �GL •15 ilex Print Nantes X &wwt."! Fl tv 9` 5 �f �i Graham T.H card Signatur / irZ/ �L!L7.L`/�♦ .1' • Print Na mi✓� et?—t/.Dar a State of in 1 .County?fbrorfist-erls(e JEAN OLIVER.Nc&a,'t*,/4a lam a notary public of the state or(p1•s!Nl*,.-,etbsd my conmrission expires: irdant,.drarrn Expires Nat 12,V44 THE FOREGOING INSTRUMENT was acimowledged before me on 12/21/2001 by: Graham T.Hassard,a remarried surviving spouse or Rnth W.Ilassard • who is personally knows tome or who has produced Driver's License as identification and who did not take an oath. .Notary Seal • Signatures � rr�i�---f //I-ZGc� • Print Nana TP,v )f i vc'r' Notary Public • • • .,ri ri y., • ■ /17 C413 n2co7- �9 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006090121 pool w/o barrier MB55 IMAGE DATE 9/7/2006 1. 09/07/2306'1226 pm Collier County Printed on 6/18/2007 7:34:24 AM CD-Plus for Windows 95/98/NT Page 1 ,.: . . • .„., .,, 44OF.' .• , , . i' . ° ,. .. ,,. ..._ .., Ar,•..",-, . ,.......,.,...„, ' ...4 , a It -;-- ■.i,-.: , _ - -• ,■,.'t.,..?i :i'Li.:,3:,^1,",,,,■,,`''2,.,':,:?i'''',",',4,''1:,., .4, sr ... .. .' . . „ ... • .., .... . ..„ ..„ ,.„. ,,■ ,,, , .. . . 44' 'kfIt;."'''--, I - - ) i " -t----,,,,- ti!',,,,,,::',.'''''::.,fr:4:",.,.:.,'': .,'". il-1 - .- i,. -i. ,._ -, .... I . , 6 ro ,- N : e-- ,., r,.. - . .. 4 . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-59 vs. SCOTT C. AND TAMMY S. FURST, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,and the Board,having heard testimony under oath, received evidence, and heard respective to all appropriate matters,thereupon issues its I indings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Scott C. and Tammy S. Furst 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 1 1 I Pebble Beach Blvd.,Naples, Florida, Folio 54952840005 more particularly described as Lot 2, Block 10, LELY GOLF ESTATES, Unit No. 2, according to the Plat thereof recorded in Plat Book 8, Page 58 of the Public Records of Collier County,Florida is in violation of The 2004 Florida Building Code,Outdoor Swimming Pools, Section 424.2.17.1 through 424.2.17.1.14 in the following particulars: No permanent protective barrier erected around perimeter of pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, 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 The 2004 Florida Building Code,Outdoor Swimming Pools, Section 424.2.17.1 through 424.2.17.1.14 be corrected in the following manner: I. The Respondent has obtained a permit to erect a permanent protective barrier around the pool on June 15. 2007. 2. By obtaining all inspections and certificate of completion within 30 days of the issued permit(July 15, 2007). 3.. The temporary barrier must be maintained until the permanent protective barrier is erected. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 30 days of the issued permit(June 15,2007),then there will be a fine of$200 per day for each day until the violation is abated. 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$229.17. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ) day of ,i�f.<_ ,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) I^ The foregoing instrument was acknowledged before me this,a2 day of t :r1 e , 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. ti;''''o''•., KRISTINEHOLTON N TARY PUBLIC MY COMMISSION#DD 686595 My commission expires: �. �•,ate: EXPIRES:June 18 201; 1 • ;p f :-V Bonded Thru Notary PubNc Underr: Sate 01 F LO 1I UR ;aunty of COLLIER HEREBY CEF:79 rf THAT Oft,* Is a truant* !Orr ct copy ci Oarcl hint+tt!S i >fxr,Frio Vier County Ar„'ITNVS my 1> $a ms`s' ±.l ::s, l this t , `bay I H E. BR GK RRK F GO. URT$ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hi��s been sent y U. S. Mail to Scott C. and Tammy S. Furst, 11 l Pebble Beach Blvd.,Naples,FL 34113 this .a--rdthy of ,2007. M.J a awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Collier County Transportation Department CEB No. 2004-002 DEPT No. 2002110444 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2004-002 COLLIER COUNTY DEPT CASE NO.2002110444 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Collier County Transportation Department,Respondent(s) NOTICE OF HEARING To:Collier County Transportation Department 2885 Horseshoe Drive Naples,Fl 34104 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 2007 at 9:00A.M. at the Collier County Government Center,Administrative Building,Third Floor,3301 East Tamiami Trail,Naples,Florida 34112. The Board shall issue findings of fact,based on evidence of record and conclusions of law,and shall issue an order affording the proper relief consistent with powers granted under chapter 162, Florida Statutes. Included in the packet are the Rules and Regulations, which govern the hearing and enforcement processes. The attached packet(Attachment A)will be presented to the Board by the County at the public hearing. You may provide the Board a defense packet. If you decide to do so, you must make fifteen (15) copies and have them delivered to Operations Coordinator, Code Enforcement, Community Development and Environmental Services,2800 N. Horseshoe Dr.,Naples,FL 34104 by 1:00 P.M. no less than 10 business days prior to the hearing. In your packet you may give a summary of events and/or present any evidence you want the Board to consider. You may also contact the Code Enforcement Investigator before the hearing to discuss an agreement to abate the violation at(239)403- 2440. This agreement is subject to Board approval. PRE-HEARING PROCEDURES: 1. A pre-hearing conference will be held at 8:30 a.m.the morning of the scheduled hearing and the following may occur: a. You may be asked if you wish to contest the violations. If you are not contesting the violation, the case will be placed under the first section of the agenda under Public Hearings. If you are contesting the violation,the case will be placed under the third section of the Public Hearing portion of the agenda. b. The parties may stipulate to any facts, exhibits or evidence to be introduced into the record. Any stipulated facts or evidence shall be presented to the Board along with any pre-hearing evidentiary packets or agreements. c. The parties may exchange the names and addresses of witnesses to be called. HEARING PROCEDURES: 1. If you fail to attend the hearing, the Board may make a determination in your absence and upon a finding of violation impose a fme for each day the violation continues and for all costs incurred by the County in the prosecution of this matter. 2. If prior to the scheduled hearing the violation is corrected,the Board may,upon a finding that a violation did exist,impose a fine for all costs incurred by the County in the prosecution of this matter. 3. The Board may, upon a fmding of a repeat violation, impose a fme for each day the violation continues, beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Ben•isa Marku Dated January 8,2006 Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 ' COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO. 2004-002 DEPT CASE NO. 2002110444 Board of County Commissioners vs. FRVG LLC and MORANDE ENTERPRISES,INC Property purchased by: Collier County Transportation Department,Respondent(s) Violation(s): Violation of Collier County Ordinance No. 91-102, as amended, The Collier County Land Development Code, Sections 2.1.15(4), 2.3.4, 3.9.3 and 3.3. Location: 8300 Radio Road,Naples FL Folio: 399360008 Description: Removal of vegetation, addition of fill and use of PUD zoned property for display and storage of vehicles without first obtaining required County Vegetation Removal Permit and PUD/SDP. Past Order(s): On February 26, 2004 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3515 PG 0376, for more information. On September 26, 2006 the Board of County Commissioners (BCC) approved the purchase of the subject property for the future use of a transit depot. The Transportation Department is charged with obtaining a site plan for the facility and the BCC committed to addressing the landscaping mitigation for the abatement of this case. As part of the purchase agreement for this property the BCC suspended the further accrual of fines. RECOMMENDATIONS) Recommendation to abate fines in the total of$164,700.00 Order Item#2; Order Item#4 Fines at a rate of$150.00 per day for the period between August 27, 2004—February 9, 2005, (150 days) for the total of$ 24,900.00. Order Item#3; Order Item #5 Estimated cost for mitigation for a total of$18,000.00. Failure to re-vegetate. Fines at a rate of$150.00 per day for the period between March 28, 2005- ��. June 18, 2007 (812 days) for the total of$ 121,800.00. 2. CODE ENFORCEMENT BOARD j COLLIER COUNTY,FLORIDA I BOARD OF COUNTY COMMISSIONERS, ICOLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2004-002 vs. 3355470 OR: 3515 PG: 1376 RECORDED in 011ICU& EICORDB of COLLIi1 Cam, !E FRVG LLC 03/00/2004 it 01:34AX DVIGB! E. D>[OCI, CL111 2EC III 20.50 and MORA.NDE.ENTERPRISES, INC. cum 6.00 Beta: CUR TO THE BOARD Respondents IN1111OFFICE 4TH FLOOR i ,-"CiVZ... COLik. HIT 1240 F • c OF FACT. CON NS O L• WF— ORDER THE c OARD . r THIS CAUSE came 1. ,r b -ore ` e o> ∎nFebruary 26,2004,and � the Board,having heard testi d;, under oath,receivri-- '. , : d heard respective to all No''. C) appropriate matters,thereupon i s indings of Fa usions of Law, and Order of the \)- Board,as follows: `�'_ C- �'= FINDINGS OF FACT 1. That FRVG LLC is the owner of the subject property and Morande Enterprises, Inc.is the lessee.. 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 by Clayton Miller,of Coastal Engineering and by Casey Ficky,of Morande Enterprises, Inc.. 1 OR: 3515 PG: 1377 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the Respondents stipulated that the real property located at 8300 Radio Rd., Naples,Florida, Folio Number 0000000399360008(See attached Legal)is in violation of Collier County Ordinance No. 91-102,as amended, The Collier County Land Development Code,Sections 2.1.15 (4),2.3.4, 3..9.3 and 33 in the following particulars: Removal of vegetation,addition of fill and use of PUD zoned ra P Ply for display and i storage of vehicles without first obtaining required County Vegetation Removal Permit and PUD/SDP.Parking and display areas arero.c.onaisteat with ofoff=street parking including drainage and lighting, - oemov . Ci of pine fIatwoods_ ••',; • •F THE :OA• , \\\ Based upon the fore_o' _ i , :; 1i s c o . l'—:ons f'Law,and pursuant to the i authority granted in Chapt •C`:, . .: . ,d C. li.. Ordinance No. 92-80,it is hereby ORDERED: :I That the violations of Co ,r S': ty Ordinanc 1 102 as amended,ed, 'The Collier County Land Development Code,Sectro .3.4,3.93 and 3.3 be corrected in the I following manner: I 1 By removing all vehicles within 5 days(March 2,2004). •. 2. By submitting a sufficient and complete SDP within 30 days(March 26,2004) and obtaining an approved SDP within 6 month(August 26,2004). 3. Upon approval of'a sufficient and complete SDP,by mitigating the vegetation Ithat was cleared through whatever necessary forms within 30 days thereafter. 4.. That if the Respondents do not comply with paragraph 2 of the Order of I i i 4. OR: 3515 PG: 1378 the Board by August 26,2004, then there will be a fine of$150 per day, for each day that the violation continues past that date. 5. That if the Respondents do not comply with paragraph 3 of the Order of the Board by March 27,2004, then there will be a fine of$150 per day,for each day that the violation continues past that date. 6. That the Respondents are to notify the Code Enforcement Officials when the property comes into compliance. 7. That the Respondents are ordered to pay all operational costs incurred in the 1 j ' prosecution of this case until it comes i e, Any aggrieved party 7 a•i, a final order yard to the Circuit Court within thirty(30)days of /ex a 7 on o Th- LR .- :ppeal .A appeal shall not be a hearing de novo,but shall 1 •• .iii r' 'ir rec•rd created within. FilinAppeal shall not . , r E 4d DONE AND ORD ' d'b this � day. • °Ui' k;j 2004 at Collier County, Florida• ` • • State of FLORIDA ` e z ` NFORCEMENT BOARD County of COLPER"' N‘%i 4 }f COLLIER COUNTY,FLORIDA R IDA • I M ERE~Y it a true and correct ? t' ,- .6i BY: c ' Board mu Ys- ^ ci�,4a k T w ea• I tr hCounty Cliff Char;an 2800 North Horseshoe Drive i�E qy y f 1 :---•L'4.7 .; : .,, = Naples. Florida 34104 DWIGiITt, 8RQQltia. •'(iP COURTS• By: .(1,:,t41'..6!.. it _ D.C. . I OR: 3515 PG: 1379 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this G ' day of i `mal,d,,, ,2004,by Cliff Flegal,Chairman of the Code Enforceme Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. Barbara L.Ray '�'Y' 's Commission#D 21710 36 ,, CL -•• .•_Expires:Dec , • ar '7 Bonded Thu •T •Y PUBLIC Uf �,0;.`' Atlantic Bonding Co.3nC My ommission expires: CE�FIGI F_ ERVICE • • I HEREBY CERTIFY tI{0 ►- e and correct • . • is ORDER has been sent by U. S. Mail to FRVG LLC,3936 T: . Trail N.,Ste.D,Nap F orida 34103;to James Vogel, Esq.,Reg..Agent,3936'T T. ►1 ' `,, -. .: o les, F • 34103 and to Morande._, Enterprises, Inc..,8300 Radio a Nap ', rida 's ,,, '• ':y of ,��,� ,2004. 011)..yisr- M. .1.4t‘ Ra so , • ■'P Flo�.r•.,... , t 11 • \1:Nr., Attorney o- rode Enforcement Board • 400 F.c fie+ ►e S.,Ste.300 �f ah[ , jo da 34102 —(9415 63-8206 C TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. David Woodworth CEB No. 2005-22 DEPT No. 2004100678 Request for Reduction of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005-22 DEPT CASE NO.2004100678 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. David Woodworth,Respondent(s) NOTICE OF HEARING To:David Woodworth 2735 Lakeview Drive Naples,FL 34112 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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. / Bendi a Marku Dated January 8,2006 Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2005-22 DEPT CASE NO. 2004100678 Board of County Commissioners vs. David Woodworth Violation(s)of Ordinance No. 2004-58, Section(s) 6. par's 12-B, 12-C, 12-M, 12-Q, 19-B and 19-C, Sec. 15 and Sec. 17 #1-#6 Location: 3056 Areca Avenue, Naples, Fl. 34110 Folio 71782160006 Description: Dilapidated residential structure consisting of damaged exterior surfaces. Past Order(s): On May 26, 2005, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 3818 PG 2104, for more information. The Respondent has complied with the CEB Orders as of July 24, 2005. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$1,388.05. See Below. Operational Costs of$988.05 Fines July 24,2005-July 28, 2005, at$100 per day(4 days)=$4 00.00 2. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA .2f N C7 ,n!' y 03 0 CD Pm, o r .r 1 z i� BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, ws ee x cn c-" Va H Petitioner, CEB NO.2005-22 ° vs. d d 73 DAVID WOODWORTH, o Respondent �, o L.-. w o 4-3 1331 d x f-a x b�f ORDER IMPOSING FINE/LIEN N d ° CA) THIS CAUSE came on for public hearing before the Board on May 26,2005,after due notice to w � art Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact l0 and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 1,2005 and b r O furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 3818,PG 2104, y 2 ms et. seq.on June 10,2005. -.a DV 0 An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 28, =5` r b 2005,which Affidavit certified under oath that the required corrective action has been taken as ordered. a '- c c-s, Accordingly,it having been brought to the Board's attention that Respondents have complied with the b Order dated June 1,2005,it is hereby ORDERED,that the Respondent,David Woodworth,pay to Collier County fines in the amount of$400.00 for the period July 24,2005 through July 28,2005(4 days)at$100 per day,plus operational costs in the amount of $988.05, for a total of$1,388.05. �. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 3/ day of I 2007 at Collier County,Florida. I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA --- BY: Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this rf day of l , , •c ,2007,by Sherry Barnett,Chair of the Code Enforcement Board of Collier County,Flori I• who is pp onally known to me or who has produced a Florida Dr Mtnse as identificatio / 41/1 a q 1 �� Q % '10° NOTAR,, ,, ommss polv,N `� pue*o- .tes. _A 0o me My commission expires: or CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this)QRDER has n sent by U.S.Mail to David Woodworth,2735 Lakeview Drive,Naples,Florida 34112 this D// day of \ 2007. ,F M.Jean awson,Esq. Florida Bar No. 750311 ocb Attorney for the Code Enforcement Board .� 400 Fifth Avenue S.,Ste.300 O Naples,Florida 34102 (239)263-8206 x- to of FLORIDA :minty of COLLIER I HEREBY cERT,Ff"T , T thtls is a flat and correct copy of ;d"uwi iltti-*file in Board t iiiriu°fcs;3 t 1 W071 1. o«I tr County W TNEti�R f1YY LY 4 GT tai:#J!% ^W{ i ti*S-1 WhF day DWI H E. E 4/ 41 4 ERK-C*CC' c) COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005-22 DEPT CASE NO2004100678 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DAVID WOODWORTH,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on MAY 26, 2005 , the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 3818, PG 2104, et. seq. 2. That a re-inspection was performed on JULY 28,2005 . 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board consisting of: 1)Maintenance to all exterior surfaces by removing all Bee infestation and replacing rotted wooden siding and painting all same. 2)By removing all unsafe/unsound Carport roofing conditions, has been taken. FURTHER AFFIANT SAYETH NOT. Dated Thursday,July 28, 2005. . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD -)\ i / 11711\.._9 _ • S MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this Thursday,July 28, 2005 by DENNIS MAZZONE. (Signature of Notary Pilic) oY?�a Indira Rajah (Print/Type/Stamp Commissioned �'' �= Commission#DD273349 Name of Notary Public) a. 0;'," Expires:Dec 07,2007 P Bonded Tiro ""' Atlantic Bonding Co.,Inc. ersonally known REV 4-12-2005 6. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2005-22 vs. DAVID WOODWORTH, Respondent ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 26,2005,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 June 1,2005 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 3818, PG 2104, et. seq. on June 10, 2005. Fines were imposed in the amount of$400 plus operational costs in the amount of $988.05 for a total of$1,388.05 on January 31,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 24, 2005, which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent requested a Reduction/Abatement.of Fines. The Board having considered the following (a)the gravity of the violation; (b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the tine'Iien; (g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby DENIES the said Motion to Reduce/Abate Fines. Accordingly, it is hereby ORDERED,that the Respondent's Motion to Abate fines is DENIED. David Woodworth shall pay to Collier County fines in the amount of$400 at$100 per day from July 24,2005 to July 28,2005,plus operational costs of$988.05, for a total of$1,388.05 as previously ordered. 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 4� day of iii,,,,, _ ,2007 at Collier County, Florida. v CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: <IL /-,..!..,,t �_._ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 7{ The foregoing instrument was acknowledged before me this / da of g � day c itn P ,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. Kt `n ':�:4,•. KRISTINEHCITON NOTARY PUBLIC �!■ __ MY COMMISSION#DD 686595 My commission expires: u,d . '�' .a EXPIRES:June 18,2011 ' p ry ' Bonded Thru Notary Public Underwrtcrs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this„ ORDER been sent by U. S. Mail to David Woodworth, 2735 Lakeview Drive,Naples, FL 34112 this °' day of ,2007. / 6,are 01 L(..i i UA M.Jean ' . son, Esq. :ounty of COLLIER Florida Bar No. 750311 Attorney for the Code Enforcement Board I HERESY CEf:i F t THAT this is a,true and 400 Fifth Avenue S., Ste. 300 correct copy of >t1 ' t On fill.17 Naples, Florida 34102 Board Mtzi' tc5 c..,1d C �•` c-4 cc 1. County (239)263-8206 J ►TESS my t,w►: . L ;.LSCZ;I tlis -1-t----day of ,_CA ,. ONVI t i E. BROCK, ,,ERIt Of;COURTS ( .' ',of ,4 ' ( 6(64 L-el .D C. VV.' . TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Calexico Inc CEB No. 2006-47 DEPT No. 2006050147 Re uest for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE S Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-7 8-9 IOF Table of Contents 12/15/05 MarkuBendisa From: MarkuBendisa Sent: Monday, June 11, 2007 8:49 AM Cc: pwhite @porterwright.com; 'Paratore, Rebecca' arnoldm Subject: Calexico, Inc Attachments: Agenda for June 2007.doc Mr. White, On Friday June 8, 2007 our office received a request from you for a Motion for Reduction of Fines. This Motion was filed for Calexico, Inc CEB No. 2006-47. As per your request, I am sending on the Agenda for June 18, 2007 Hearing. This Hearing will take place at 9:00 A.Maat the Collier County Government Center,Administrative Building, Third Floor,3301 East Tamiami Trail, Naples, Florida notify you that this case is placed copy of the Agenda for your information. Please let me know if you have any additional questions. 2. I am also attaching a Agenda for June 2007.doc(55 K... 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 a r constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine a e Law 1 1 �-. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-47 DEPT CASE NO.2006050147 Board of County Commissioners vs. Calexico Inc., Osornio Santos Violation(s) Collier County Ordinance 2004-58, Sec.(s)16.1.A,1 B,1 E Description: Exterior walls in need of repair, unsecured window openings, and non weather tight roof. Location: 528 New Market Road E., Immokalee, F1.34142 Folio#0011610009 Past Order(s): On August 24,2006, the Code Enforcement Board issued a Findings Conclusion of Law and Order. The Respondent was found in s of violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4098 PG 2509,for more information. The Respondent has complied with the CEB Orders as of 12-04-06. RECOMMENDATI An Order Imposing Lien in the amount of$11,600.00 has been issued on Fe 2007. See the attached Order of the Board, OR 4193 PG 2043. bruary 23, Operational Costs of $316.27 have been paid. Fines of $11,600.00 $200.00 per day from 9-24-06— 11-22-06 (58 days). • 9 Retn: IXTEROFFICE 3895490 OR: 4098 PG: 2509 REC FEE 27.00 COLLIER COURT! CODE EI PORCEKEJ RECORDED in the OFFICIAL RECORDS of COLLIER COURT!, FL SHIRLEY K GARCIA 09/01/2006 at 08:44AH DWIGHT E. BROCE, CLUE '� 2800 E HORSESHOE DR CDBS BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Osornio Santos,Registered Agent, Respondent / FIND - .®i Cl ®,.C� SIONS OF a�.li ;, :�r� t t'$,QARD THIS CAUSE came on for public he�nn"n f`ore the Board on A� testimony under oath,received evidence, a re all \20#°.and the Board,having heard Findings of Fact,Conclusions of L'w,and Or er o e to 1 aorro. ate afters,thereupon issues its as !lows: e# GG . e 't Ae 1. That Calexico,Inc.is the t • _:� *� '� 2. That the Code Enforcemen .� has jurisdiction of ,-9-1- /n . •espondent and that the Respondent,having been duly notifi . .+ \aced at the public h - _;,i re , (� into a Stipulation. 3. That the Respondent was notifi . : !Ffi •, • , ,,,_, , - :• d mail and by posting. 4. That the real property located at 528 Newmn .. 00116160009,more particularly described as(see attached legal)Public c Recordslof Coll er Folio violation of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.1B,Florida,iS in 16.1E, in the following particulars: Exterior walls in need of repair,unsecured window openings,and non-weather tight roof. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80,and to the Stipulation of the parties,it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,the Property Maintenance Code,sections 16.1.A, 16.113,and 16.1E,be corrected in the following manner: 1. By obtaining a Collier County Building Permit within 30 days(September 23,2006)and by obtaining a certificate of completion within 60 days after the permit is issued. 9 OR: 4098 PG: 2510 2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 23, 2006,then there will be a fine of$200 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$316.27. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this _day of ay j ,2006 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: • :Barnett,Chair 2:14, orseshoe Drive STATE OF FLORIDA ) 'r�t 4104 )SS: COUNTY OF COLLIER) �- foregoing instrumen was . cam,.: . t - ,- ,, / M y o 2006 Sheri Barnett,Chair of a Co:a f• em B•. . ■ .r' y personally known to me I h• a e' h'. ensea,who is pu u jl mi.. vi ease as identification. ' •14Oau 4 Dp111 it� DD2370 ommtssp° 1g,20a� C / +1 C ues.Aug C g�'<=Exp edo,tne NOTARY PUBLIC �p pdin8 commission expire Atlantic$O C � • E I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mai U.S. Ma' to Calexico,Inc.,Osomio Santos,Reg.Agent, 190 S.3'I Street,Immokalee,FL 34143 this ,,,�_j�d T.(�( 4 ,2006. �Y`'°day of M.J � son,Esq. Flori.,•ar No. 750311 Attorney for the Code Enforcement Board Mare Cl F!ORI Utt 400 Fifth Avenue S.,Ste.300 :oURty of COWER Naples,Florida 34102 St. r y•�, (239)263-8206 I H EREEY CE Y TTLITIlits Ls a true and correct co ,:rot- r .;-;ira.;riifi1t; �n °oard F it r.�= -�:% .:' ,r �f ,.•__County :c151sieel t;hia day`f it- '+A .i. D.C. BOARD OF COUNTY COMMISSIONERS OR: 2511 Collier County, Florida 'ROAD t 7 0 PG: 2.11 Petitioner, Vs. CEB NOA co'`f"7 OSo2n; Scar+c s DEPT NO.aoocv 0S-0 t 7 Respondent(s), STIPULATION/AGREEMENT O ES NOW, the undersigned, t 2 p�1; 0 , � r40 S , on behalf of himself or �l eo , XA . 5�O as representative for Respondent and enters into this Stipulation and Agreement with Collier Cbunty as to the resolution of Notices of Violation in reference (case) number 2006050147 dated the 23rd day of August 2006. in consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 24th, 2006; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced '..1,i; . , '-_ -tion are accurate and I stipulate to their existence. �.c� °O 2) The violations are that of secti ~ ( ' 6.1.A, 16.1.6, 16.1. o 'Hier County Ordinance 2004-58 and are described as Exteri r will ' ne a' uns-cu �� 1r, r window openings and non weathertighr roof THEREFORE, it is agreed be - - r 9 en ;7 ,,.._ _.- -es•_■ . II; 1) Pay operational costs in the -,4‘wir$34. incur _,A�' , a. ecution of this case. 2) Abate all violations by: 47�-{'I�:n 3 0 da Qr1 t't'%G tL • �u r id�•n ��e i--�- 'SO �{�.i� V© . �� 3, t � •' +�y -PAL (N, ' �/•♦MwOSc� tt r 1 VPoto; eta_4.( uJ� �l b.`��I 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. . i�edTZ ..— Ca,/,- Respondent , : Michelle Arnold41...„......_..ctor Code Enforcement Department REV 2/23/06 0�--7.. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA '. /r BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO,INC., Do Osomio Santos,Registered Agent, Respondent PM /P4 P7 a .a ORDER IMPOSING FINE/LIEN PL or) y= THIS CAUSE came on for public hearing before the Board on August 24,2006,after due notice to cr• E 0 0 CG WI c-..) - Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact Q^ and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on August 29,2006 and . o • - 0o m furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4098,PG 2507, Pa .11 GO et.seq,on September 1,2006. ...ao r ..4GA PS An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on December o v 4,2006,which Affidavit certified under oath that the required corrective action has been taken as ord wy ered. ered. 30, if Di TN Accordingly,it having been brought to the Board's attention that Respondents have complied with the -.-1 g: Order dated August 29,2006,it is hereby ORDERED,that the Respondent,Calexico,Inc.,pay to Collier County fines in the amount of $11,600.00 b4 D4 for the period September 24,2006 through November 22,2006 at$200 per day. The operational costs have been °a paid. A ti = Oct Any a y pp sr. Y aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of o .a the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate .4 = P y � .T. y _ a review of the record created within. Filing an Appeal shall not stay the Board's Order. S 0 N m This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. -)�, DONE AND ORDERED this day of 7 ,2007 at Collier County,Florida. " CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:--Em .• C�:e.� Sherri Bamett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 .ac STATE OF FLORIDA ) is )SS: COUNTY OF COLLIER) ct+ cav The foregoing instrument was acknowledged before me this, day of Barnett, Chair of the Code Enforcement Board of Collier County,Flo da, ho is : `- personally known by n to or who has produced a Florida Driver's License as identificati.n. personally known to me �, C c ?Z:) NOTARY PUBLIC 1 cza' Donna L. Modu o My commission expires: -?•• • :Commission#DD234494 a o* Expires:Aug 18,2007 ''�EUFFio�: Bonded Thru Atlantic Bonding Co..Inc. CERI IFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to this ORDER has been sent by U.S.Mail to U. S.Mail to Calexico,Inc., Osomio Santos,Reg.Agent, 190 S.3rd Street, Immokalee,FL 34143 this T$' day of y 2007. M.Jead�wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400_ p ti. 400 Fifth Avenue S. Ste.300 �o; i�t'� abLit -� � } Naples,Florida 34102 `''"'` ''%X239)263-8206 I HEREBY CERTIFY THAT Ws is a true tiI correct ceipy of a x tl In Board 'iv in_IL 3 u-:` ,;: : A „ County wraiES3 `}WIGHT E. BROOFC,`-CLER.K:d COURTS - • ' D 7 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006050147 DEPT CASE NO. 2006-47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc Trust Estate Osornio,Santos,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 24th, 2006, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 2337 PG 1654, et. seq. 2. That a re-inspection was performed on October 24,2006. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated Tuesday October 24, 2006 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan STATE OF FLORIDA, Code Enforcement 0 icial COUNTY OF COLLIER Sworn to •- aff►• :d)a•• bscrib-d before me this Tuesday, October 24, 2006 by Thomas Keegan. — (Signature t ary.Public) GARY P.DANTit Vs,pwN/ ` Commission 1�DN17b1�1/�(�/ a Expires 1/112007 (Print/Typ /Stamp Commissioned ay��o p,,,R Bonded through Name of Notary Public) caoa. 2 ersai Florida Notary Assn.,Inc. 'rsonally known V REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-47 DEPT CASE NO. 2006050147 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Calexico Inc Trust Estate Osornio,Santos,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 24,2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 2337 PG 1654, et. seq. • 2. That a re-inspection was performed on December 4, 2006. 3. That_the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. DatedDecember,4, 2006. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thomas Keegan STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn t�.r . - -.)and s ascribed before me this December,4, 2006 by Thomas keegan. • r (Signa Public) 'tJ / ' B UT pe/Stamp Commissioned �``�l ice'; GARY P.DANTINI Name • Notary Public) �_ ` Commission 0 DD01T5140 ,� - Expires 1/12007 'aao Bonded throuigh °rsonally known (800-4324254) Florida Notary Assn.,Inc. REV 2/23/2006 4, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2006-47 vs. CALEXICO, INC., Osornio Santos, Registered Agent, Respondent ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on August 24,2006,after due notice to Respondents at which time the Board heard testimony under oath, received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on August 29,2006 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4098, PG 2509, et. seq. on September 1,2006. Fines were imposed in the amount of$11,600 on February 28,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on December 4, 2006,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent requested a Reduction/Abatement of Fines. The Board having considered the following (a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises, hereby grants the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated August 29,2006, it is hereby ORDERED,that the Respondent's Motion to Reduce fines is GRANTED. Calexico, Inc. shall pay to Collier County fines in the amount of$2,500. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. 1 DONE AND ORDERED this day of i17,A_ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: .,ti�. �,' %< . ).T.</ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Oil- The foregoing instrument was acknowledged before me this; day of ,S-t„.41 C.- ,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. , KRISTINE HOLTON ' '., NOTARY PUBLIC +: (�■ :._ MY COMMISSION#DD 686595 a:�'L; My commission expires: ,. �, EXPIRES:June 18,2011 Y -4,of,hQ: Bonded Thni Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this ORDER has been sent by U. S. Mail to Calexico, Inc., Osornio Santos, Reg. Agent, P. O. Box 1909, Immokalee, FL 34143 and to Patric G. White, Esq., Porter Wright Morris&Arthur, 5801 Pelican Bay Blvd.,Naples, Florida this _ (9-7 day of ,2007. (...1 i L(..,' 1 L}/1 ,ounty of COLLIER M.Jean ■ :wson, Esq. I HEREBY CFr, ir- ' i HAS'tfitt+s:s true and Florida :ar No. 75031 1 I HEREBY correct cap,% r a fife to Attorney for the Code Enforcement Board Board 4�a°t :� �. >wti, c; C0liter COUnty 400 Fifth Avenue S., Ste. 300 y 17�3}- tmf t * ;r .,t .J.,i ui5 ts` 1 this Naples, Florida 34102 tf t i of %�A-,1t� (239)263-8206 day c I HT E. RROi.it' OF c�9URTS v z% O.C, .,, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Marlene Santilli CEB No. 2007-12 DEPT No. 2006070511 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-12 DEPT CASE NO.2006070511 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MARLENE SANTILLI,Respondent(s) NOTICE OF HEARING To:Marlene Santilli 224 Owl Ct. Freemont, California 94539 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, you are hereby ordered to appear at a public hearing for failure to correct code violation(s)noted in the attached Statement of Violation by the time specified by the Code Enforcement Investigator, pending and undetermined by the Board, on June 18, 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 finding of a repeat violation, impose a fine for each day the violation continues,beginning with the date the repeat violation was found to have reoccurred by the investigator, including all costs incurred by the County in the prosecution of this matter. 4. Presentations by all parties are limited to twenty (20) minutes. Each party shall be permitted to make brief opening statements. The County shall present its case and Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. / 1 Ben.isa Marku Dated January 8,2006 Operations Coordinator Secretary to the Code Enforcement Board REV 4-5-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-12 DEPT CASE NO. 2006070511 Board of County Commissioners vs. Marlene Santilli Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.01 Location: County Address#98511 Folio: 39836240005 Description: Conversion; The illegal storage of vehicles on unimproved property. Past Order(s): On February 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4193 PG 2075, for more information. The Respondent has complied with the CEB Orders as of February 23, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$ 819.51 See below. Order Item#2 Fines at a rate of$50 per day for the period between March 26,2007—April 6, 2007, (11 days) for the total of $550.00. Order Item#4 Operational Costs of $269.51. 2 . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-12 vs. MARLENE SANTILLI, Respondent M FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befo . am R. o 114,14-i 23,2007,and the Board,having heard testimony under oath,received evidence, e. • 7-_: . . :_.. riate matters,thereupon issues its LC') Findings of Fact,Conclusions of Law, +7:. of the Board,as o s . s ., , SOFT C7 Oa w - - That Marlene Santilli is o ., a ;- ,,,;,-, m 2. That the Code Enforcement B., I has •. . i e pe R-..ondent and that the - 3 Respondent,having been duly non a..�a, ,..lic 0 a 3. That •the Respondent was n , of the date of hearin_-�,-- fi and by posting. 1i c--- 4. That the real roe located c� o o property rtY � Address#9851 I Na. .ride,Folio Number 39836240005, more particularly described as: Golden . i' �z:; it 63 f•-�t . East 180 Feet of Tract 59,Collier � A ... County,Florida,as recorded in the Public R- : .. E:. 1'- Ordinance 04-41,the Land Development Code,as a 0-104.01 in is in violation of Collier County c•—) .° e P - , . on 1 04.01 in the following particulars: O N ` The illegal storage of vehicles on unimproved property. CJ ws 1.4 es ORDER OF THE BOARD o Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authori ty granted Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: ted in y ° ° That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section _g_ m 104.01 be corrected in the following manner: v 1. By removing the vehicles within 30 days(March 25,2007),unless there is a Collier County Sheriff's ,,,� �, on-going Investigation prohibiting the same. ett y a a 2. That if there is no Collier County Sheriff's investigation prohibiting the removal and/or if the N a investigation has been concluded,and if the Respondent does not comply with paragraph 1 within 30 days(March 25, 2007),then there will be a fine of$50 per day for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated 3. and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$342.26. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4,2 8 day of 4,,/ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD is COLLIER COUNTY,FLORIDA t-- BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Air Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER))SS: d ) CO + g 1� The foregoing instrument w: a • ledged before me this' da of 2007„biSheri Barnett,Chair of the 'ode ' r=.air; ;.ard of .flier cun Florida,who is personally known to me or wh a F o .a D • 's L ense as identification. 0 '�a"•'' : commission Aug 1%.200: (") .• `I'.,.J"a ttty mil -r Bonded n'Cc) C-_ My commission ex'.', At Bonding RTIFICATE OF SE' • Q • C.J I HEREBY CERTIFY that a true a a a of • •. ■ . . as been sent bx U.S.Mail to U.S. Mail to Marlene Santilli,224 Owl Ct.,Freem.- '; :• -?Sf' day of ,ph ,2007. /? , M.Jean Ron,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 N 1cs,Florida 34102 Stns at-FLORIDA 'f2 263-8206 'aunty of COLLIER `. I HEREBY CERTIFY THAT this IS a bUe and correct coy of a c:�c•..r,^a on file in Beard Minutes a::J.7':.,;--:-of Collier County � 'HESS my ta, _ =:;al Lj ,.,,oi this da} of AndiEkt. atOi DWIGHT E.BROOK, CLERK OF COURTS 3y; D.C. - — � ' Retn: BENDISA NARKU OPBR COORD. 4017521 OR: 4228 PG: 0886 COLLIER COUNTY CODE ENFORCBNEN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEB 18,50 2800 N HORSESHOE DR CDBS BLDG 05/14/2007 at 09:40AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-12 vs. MARLENE SANTILLI, Respondent ORDER IMPOSING FINE/LIEN AND AMENDED ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 28,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4193,PG 2075, et.seq. on March 7,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on April 10, 2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent requested a Reduction/Abatement of Fines. The Board having considered the following (a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby DENIES the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated February 28,2007,it is hereby ORDERED,that the Respondent,Marlene Santilli,pay to Collier County fines in the amount of $550 for *** OR: 4228 PG: 0887 *** the period March 26,2007 through April 6,2007 at$50 per day, plus$269.51 for the operational costs, for a total of$819.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 30th day of April,2007 at Collier County,Florida and re-signed thiseday of May,2007,nunc pro tunc. CODE ENFORCEMENT BOARD COLLIERO,,JJNTY,FLORIDA BY: F f' ;51,...,4/ Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 "•-••, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisy of t r I , .y e Barn�etty Chair of the Code Enforcement Board of Collier County,Florida,who is •e e,nally known to me or V who has produced a Florida Driver's License as identification. e""; C HRI STINA L URSaNOWSKI •� � ' "I II�":k. MY COMMISSION#DD 241717 NOTARY PUBLIC <_ p PIRES:November 22,2001 1.&7"..41h.CF g� Itni WRY Y eJso underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to this, ORDER has been sent by U. S. Mail to Marlene Santilli,224 Owl Ct.,Freemont,California 94539 this I 1.411 day of 1 \"C\y,2007. .ate or FLORIDA , 4 ;{ ` ;ounty of COWER '�7�, ',aK I HEREBY CERTIFY THAT this is8�ce ` �? 6a,c,. ...____, correct copy et a aocumel t oh file In Florida J awso. 03 Fl Bar No. 750311 Board Minutes ands Fec tizo,pf Collier count Attorney for the Code Enforcement Board WITNESS my hartat 'ra offidtar.,$eai tiliS 400 Fifth Avenue S., Ste.300 ' 44" day oI ! L..' .'QZ ,rP. Naples,Florida 34102 1 M.� <. (239)263-8206 DWIGHT E. BROGK, Ct,ERK_(1 MATS 3v; TA ' O.C. 'fi)p, rf,. � �, Y • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-12 DEPT CASE NO. 2006070511 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Marlene Santini,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 281, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4193 PG 2075,et. seq. 2. That the respondent el'c not contact the investigator. 3. That a re-inspection was performed on April 10,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Removing all vehicles from unimproved property. The respondent did not meet the time frame. FURTHER AFFIANT SAYETH NOT. Dated April, 10th,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Thom egan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this April, 10th,2007 by Thomas Keegan. (Sir..ture of Notary cblic) NOTARY PUBLIC•STATE OF FLORIDA e" \ K. A. Van Sickle ,.--,,(Print/Type/Stamp Commissioned ' Commission#DD618488 X1111 game of Notary Public) Expires: NOV 29,2010 BONDED THRU ATLAS f 1C T.;ND.":i 0 CO,,INC, Personally known J Rev 2/5/07 7Y CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-12 vs. MARLENE SANTILLI, Respondent ORDER ON REQUEST FOR REDUCTION/ABATEMENT OF FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2006, after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 28,2007 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4193, PG 2075, et. seq. on March 7,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on April 10, 2007, which Affidavit certified under oath that the required corrective action has been taken as ordered. An Order imposing fines of$550,plus$269.51 operational costs, for a total of$819.51 was issued on April 30, 2007. The Respondent requested a Reduction/Abatement of Fines. The Board having considered the following (a)the gravity of the violation; (b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby GRANTS the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated February 28,2007, it is hereby ORDERED,that the Respondent's Motion to Reduce/Abate Fines is GRANTED. The Respondent, Marlene Santilli, shall pay to Collier County fines in the amount of$275,plus$269.51 for the operational costs, for a total of$544.51. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this `1 day of yf r,; ( ,2007 at Collier County, Florida CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ' BY r�� � ,:tt Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 364)-e. ,2007,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or V' who has produced a Florida Driver's License as identification. - KRISTINE HOL�TON� .. s ` "`L 7 MY COMMISSION IIDO686595 NOTARY PUBLIC "rEXPIRES:June 18,2011 I My commission expires: '•'. P Bonded Thru Notary Public Underwer, .. s^ CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this ORDER as been sent by U. S. Mail to Marlene Santilli,224 Owl Ct., Freemont, California 94539 this a7 7day of ,2007. state of FLORIDA county of COLLIER F l I HEREBY CEFTIF'Y' THAT this Is a true and lean awso Fl Bar No.. 750303 11 correct copy : r n ; t.fit; file in Attorney for the Code Enforcement Board Board M1t1= f Allier County 400 Fifth Avenue S., Ste. 300 W4T,P S.SS rni r ;� � ' this �c� � Naples, Florida 34102 of . (239)263-8206 • Y , GH E. BRQ1AK L R .i COURT$ i % _ �� D•Co dr , , TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Thomas and Marian Baker CEB No. 2006-62 DEPT No. 2004080665 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2006-62 DEPT CASE NO.2004080665 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Thomas and Marian Baker,Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Thomas and Marian Baker 5643 Taylor Road Naples, FL 34109 You are hereby provided notice of hearing in the above-styled cause,pending and undetermined by the Board on June 18, 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 At Bendisa Marku Operations Coordinator Secretary to the Code Enforcement Board 1_ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2006-62 DEPT CASE NO.2004080665 Board of County Commissioners vs. Thomas and Marian Baker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.01 Location: 5705 Taylor Rd,Naples, Florida Description: Property cleared of vegetation, filled, graded, and being used for the off- street parking/storage of commercial towing and transport vehicles placed on approved industrial property known as folio# 00241840003. Also property being used as makeshift salvage/storage yard facility of towed vehicles on same parcel known as folio# 0021840003. All same use not having obtained prior Collier County Permits. Past Order(s): On November 15, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4163 PG 0625, for more information. The Respondent has not complied with the CEB Orders as of November 15, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 11,316.40 See below. Order Item#1; Order Item#3 Fines at a rate of$150 per day for the period between March 16, 2007—April 30, 2007, (45 days)for the total of$6,750.00. Order Item#2; Order Item #4 Fines at a rate of$150 per day for the period between May 16, 2007-June 8, 2007 (23 days)for the total of$3,450.00. Fines are still accruing. Order Item#6 Operational Costs of $1,116.40 have not been paid. 2 • Retn: 3953827 OR: 4163 PG: 0625 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTEROFFICE 4TH FLOOR 01/02/2007 at 11:54AM DWIGHT E. BROCK, CLERK 8$T 8406 REC FEE 35,50 COPIES 4.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-62 vs. THOMAS AND MARIAN BAKER, Respondents, FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 15,2006,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Thomas and Marian Baker are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents waived Notice at the October meeting upon being granted a continuance. 4. That the real property located at 5705 Taylor Road,Naples,Florida,Folio Number 00241840003,more particularly described as The North V2 of the North V2 of S.W. 'V4 of N.W. 'V4 of S.W. 'A lying West of Highway 1.21 of Section 11,Township 49 South,Range 25 East,of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.01 (A- B); 8.08.00(B); 10.02.03(A)(1)(4); 10.02.06(B)(1)(d and e); 10.02.12(A)(1 and 5)in the following particulars: Property cleared of vegetation,filled,graded,and being used for the off-street parking/storage of commercial towing and transport vehicles placed on approved industrial property known as Folio 00241840003. Also property being used as makeshift salvage/storage yard facility of towed vehicles on same parcel known as Folio 00241840003. All same use not having obtained prior Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation of the Parties, attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.05-55,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.01 (A-B); 8.08.00(B); 10.02.03(A)(1)(4); 10.02.06(B)(1)(d and e); 10.02.12(A)(1 and 5), be corrected in the following manner: OR: 4163 PG: 0626 1. By obtaining a complete and sufficient Site Development Plan Amendment Application Request Number 7281 and having the same approved by March 15,2007. 2. Upon approval of the SDP Amendment,by obtaining all necessary After-the-Fact permits for vegetation removal within 15 days of SDPA-AR-7281 approval. 3. That if the Respondents do not comply with paragraph 1 above by March 15,2006,then there will be a fine of$150 per day for each day until DCPA-AR-7281 is obtained. 4. That if the Respondents do not comply with paragraph 2 above by March 15,2006,then there will be a fine of$150 per day for each day until all required permits are obtained. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$1,116.40. 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 o2 4day of beaanl.V,2006 at Collier County, Florida. • CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: 1 """ IG Richard Krae • g,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2.2 day of pat/rib t+' 2006,by Richard Kraenbring,Vice 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. ;n''i1,, MICHELLE EDWARDS ARNOLD '� '= MY COMMISSION#DD 206603 '*� �" •= NOT PUBLIC EXPIRES:July 21 2007 `4%1 Bonded Tiro Notary Pubic(laden/titers My commission expires: 3 (y lD°7 stare a FLORIDA unity of COWER I HEREBY CERTIFY THAT this is0 true and correct copy of a oars' �qn;file.In Board Minutes a .'Records o 'Oilier County WITNESS my ha d � : �, I (at slat_this day of ',id. �. Y DWIGHT E. BROGK.TLERK•h COURTS OR: 4163 PG: 0627 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 Thomas and Marian Baker,5642 Taylor Road,Naples,Florida 34109 this day of 2006. Ji/!.��r M. e. f son,Esq. Flori• 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 NOJ 2006-62 DEPT CASE NO. 2004080665 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Thomas and Marion Baker,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on November 15th, 2006, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4163 PG 0625, et. seq. 2. That a re-inspection was performed on 5/21/2007 revealed the Respondent failed to comply with the corrective actions ordered by the Board. 3. More specifically,the respondent failed to timely obtain Site Development Plan approval by March 15,2007 but did obtain approval on April 30,2007 resulting in forty-five(45)days of noncompliance. With this recent release of the Site Development Plan,the Respondent had until May 15,2007 to obtain all necessary After- the-Fact permits for vegetation removal which have not been obtained to this date. 4. The respondent has not paid operational costs incurred in the prosecution of this case in the amount of $1,116.40. FURTHER AFFIANT SAYETH NOT. Dated 5/21/2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ,r/, ,t J if Waldron ode nforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 21'day of May,2007 by Jennifer Waldron. ./ LIP (Sigiin re of Notary Public) MARLENE G.SERRANO Notary Public,State of Florida Comm No DO 401145 My Comm expires March 04,2009 '(Print/Type/Stamp Commissioned Bonded thru 1st State Insurance Arne of Notary Public) — Personally known I REV 3-14-05 0 G. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Rodolfo and Maria Estrella CEB No. 2007-23 DEPT No. 2006100113 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 Stipulation Agreement 5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-23 DEPT CASE NO.2006100113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Rodolfo Estrella and Maria G.Estrella,Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN TO: Rodolfo Estrella and Maria G. Estrella 667 Clifton Road Immokalee,FL 34142 You are hereby provided notice of hearing in the above-styled cause, pending and undetermined by the Board on June18, 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 1. COLLIER COUNTY CODE ENFORCEMENT BOARD .-� REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-23 DEPT CASE NO. 2006100113 Board of County Commissioners vs. Rodolfo Estrella and Maria G. Estrella Respondent(s) Violation(s): Violation of Ordinance(s)04-41 as amended, Sections: 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) & 10.02.06(B)(1)(d)(i). Location: 667 Clifton Road, Immokalee, FL Folio: 50120000367 Description: Unpermitted addition built to rear of home. Past Order(s): On March 22, 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 4205 PG 0815, for more information. The Respondent has complied with the CEB Orders as of May 30,2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,600.00 See below. Order Item# 1; Order Item#2 Fines at a rate of$ 200 per day for the period between May 22, 2007—May 30, 2007, (8 days)for the total of$ 1,600.00. Order Item#4 Operational Costs of$358.40 have been paid. 2 . Retn: BBNDISA NARKU 3995095 OR: 4205 PG: 0815 AEC FEE 27,00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 03/30/2007 at 10:45AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-23 vs. RODOLFO ESTRELLA AND MARIA G.ESTRELLA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22,2007, 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 Rodolfo Estrella and Maria G.Estrella 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 667 Clifton Road,Immokalee,FL,FOLIO 50120000367,more particularly described as Lot 16,HIGHLANDS HABITAT SUBDIVISION,as recorded in Plat Book 25,Page 61, 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 addition built to rear of home. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation(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: I. The permit has been obtained. The Respondents shall obtain a certificate of completion within 60 days(May 21,2007)for permit 2007021014; OR: 4205 PG: 0816 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 60 days (May 21,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$358.40. 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 Q? day of/7)j k j. ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: . Sheri Barnett, air 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) (foregoing instrument was acknowledged before me this0 day of l 2007, Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is i< personally known to me or who has produced a Florida liner's License as identification. a L. ,«2;<,:,.�,,`Y;r P,`,•,,,:°="LCEoxomprimin rie sss:i oAn / /C � t NO TARY PUBLIC uNl #g pord$2u,324 gn90o My commission expires: :�•. eo Bonded Thru Inc Atlantic Bonding Co.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S Mail to Rodolfo Estrella and Maria G. Estrella,667 Clifton Road,Immokalee,FL 34142 this ,37 day of /� �n,�. ,2007. ///) M.Jean son,Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 Stare or F!OR!1JA :aunty of COWER I HE EBY iZ iF' t,i :hii ? true mid correc 6.<i<o n ko Ue vim'1.4 T.rf-,re;'-: , • Lour n''t,3 � •; ' r'�,t! a County 5 ;["i••„f�Cx ,(. Nh'�l L it 'WIGHT ERCOF COURTS BOARD OF COUNTY COMMISSIONERS OR. 4205 PG; 081 7 ** Collier County, Florida Petitioner, Vs. �7- 3 CEB NO. a©0 DEPT NO. ,W306 1000 3 act o � 2 O ((g Respondent(s), Ae4in eSf -WA STIPULATION/AGREEMENT COMES NOW, the undersigned, o(-c8 tai /on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number (co dated the 4 day of a.-\-, 200\. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 3Pa1oito promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s)/ O,q co& 1--)( and are described as • .a2. / g d • „rep:f� THEREFORE, it is agreed between the parties that the Respondent shall; i+"f'E3 ft.:A.e C'a-t' horn,e , 1). Pay operational costs in the amount of$ 35 incurred in the prosecution of this case. 2) Abate all violations by: ©�if�,i ,,� ; ' 0. i / cor.,,,ptu,( . W t�� Stu 7-�' '(" Q v'� i s Iv Ae.-01 ef irce_ p2 en ii-- -( a- c; n-e., 6-G 3 c oo . oQ d W; t! b-2 t m oS-2.qu C 3) Respondent must notify Code Enforcement that the violation has been abated and request the 7 I s igator to come out and perform a site inspection.- 7(' //' e---7/ Y ., .e) 2,2 s re tt 4 ..,aef ,,z,...., Respondent Michelle Arnold, Director Code Enforcement Department 3b)-)1/.°1 Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-23 DEPT CASE NO. 2006100113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Rodolfo Estrella Maria G.Estrella,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 March22nd,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 4205 PG 0815, et. seq. 2. That a re-inspection was performed on May 22'1'1,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. 4. The respondent failed to obtain a Certificate of Completion for Permit#2007021014 within the sixty days (May 21`,2007) of the hearing date as per Order 1.of the Code Enforcement Board. FURTHER AFFIANT SAYETH NOT. Dated May 22,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMEN BOARD omas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this May 22,2007 by Thomas Keegan. (Si: ature o ot. '12 'c) ,Print/Type/Stamp Commissioned COIF ;Y PUBIC.A. 1,2113.7 Name of Notary Public) � A• Sickle ��nmis,�i�rl�I3D�IP4�3i" Expires: NQv 29 2020 BONDEDTHRI�aTL.+NTU Ku IIN(?C61( 1 REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-23 n DEPT CASE NO. 2006100113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Rodolfo Estrella Maria G.Estrella,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on March 22n1, 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 4205 PG 0815,et. seq. 2. That the respondent Did contact the investigator. 3. That a re-inspection was performed on May 301,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Obtaining a Certificate of Completion for permit as per order 1. of the order of the Code Enforcement Board. FURTHER AFFIANT SAYETH NOT. DATED this 30 day of May, 2007. COLLIER COUNTY,FLORIDA HEARING OF THE S' CIAL MASTER __ Thomas Keega Code Enforcement 0 al STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_30_day of May 2007 by Thomas Keegan. / STATE Si g.ture of Notary 'ublic) %%l.t•r UtbL1C.S TEOFI'LOra,'a ,,,r,,,,rr x .A. Van Sidle i �CeAmmiti0ti DB6 ee ch.„„,;,•• . NOV 79 2010 (PrintlType/Stamp Commissioned � / i ��� J014D®THRtATLANTit 9UNDINGC(�,1�. REV 2/23/2006 k CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-23 vs. RODOLFO ESTRELLA AND MARIA G. ESTRELLA, Respondents, ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION FOR REDUCTION/ABATEMENT OF FINES THIS CAUSE came on for public hearing before the Board on March 22,2007,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 March 27,2007 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 205, PG 081,et. seq. on March 30,2007. An Affidavit of Compliance has been filed with the Board on May 30,2007 by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered. The Respondent requested a Reduction/Abatement of Fines. The Board having considered the following (a)the gravity of the violation; (b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation; (f)the value of the real estate compared to the amount of the tine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby GRANTS the said Motion to Reduce/Abate Fines. Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated March 27,2997, it is hereby ORDERED, that the Motion to Abate/Reduce Fines is Granted. Respondents, Rodolfo Estrella and Maria G. Estrella, shall pay to Collier County fines in the amount of$800. Operational costs of $358.40 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 r' day of J13, . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 7 BY: ;% •'ir, �~'iiri,r'r Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .Fh The foregoing instrument was acknowledged before me this97 day of ,RLc.'i1-e. ,2007,by Sheri Barnett, hair 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 identific tiorl. .�;�:':Y , IfftISTINE HOLTON ! �'� ;. :'°= MY COMMISSION#DD 6855 NOTARY PUBLIC Al 1:.rJ Q EXPIRES:June icUnde 1 My commission expires: %'Pf�y Bonded Thru Notary Pubic Undem n_:rs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. ail t Rodolfo Estrella and Maria G. Estrella, 667 Clifton Road, Immokalee, FL 34142 this ?7 day of ,2007. M. Jean r awson, Esq. Florida :ar No. 750311 State at FLORIDA Attorney for the Code Enforcement Board ounty of COLLIER 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 I HEREBY CERTIFY THAT this Is a true and (239)263-8206 correct copy of a L,cU at on file In Board Minutes a.KIP : zq,C0Mer Countlt *NESS n;y R7 �"a 1 ; Lseal this day of ula t' .. _ 0 I T E. B OG _ :CLERK 0 "4 COURTS • , ,,,Cc.891 ' t,. -ti`i