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Backup 07/26/2007 2007 Code Enforcement Board Backup Docs July 26 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: July 26,2007,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Naples,Fl 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—June 18,2007 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS B. STIPULATIONS 1. BCC vs. Angel Martinez CEB 2007-55 2. BCC vs. Albert Houston SR. CEB 2007-63 3. BCC vs. Albert Houston SR. CEB 2007-64 C. HEARINGS 1. BCC vs. Glen Hollingsworth and Marsha Kendall CEB 2007-57 2. BCC vs. VI Partnership, LTD CEB 2007-58 3. BCC vs. Ursula M. Ervin CEB 2007-60 4. BCC vs. Cynthia Gonzales CEB 2007-61 5. BCC vs. Florida Motorsports, LLC CEB 2007-62 6. BCC vs.Naples Gym, Inc CEB 2007-65 7. BCC vs. Alfredo Miralles and Alfredo Miralles JR. CEB 2007-66 5. OLD BUSINESS A. Request for Reduction/Abatement of Fines/Liens 1. BCC vs. Cederiere Titus and Jeanne Bonnett CEB 2007-02 B. Request for Imposition of Fines/Liens 1. BCC vs. Sandra Chacon CEB 2006-60 2. BCC vs. Bradley Residential, LLC CEB 2007-16 3. BCC vs. Cesario and Yonacia Nunez and Gerald and Elvira Warden CEB 2007-20 4. BCC vs. Angel Riquelme and Lissette Riquelme CEB 2007-34 5. BCC vs. Angel Riquelme and Lissette Riquelme CEB 2007-42 C. Request for Time Extension 1. BCC vs. Domenic P. Tosto and Joanne M. Tosto CEB 2007-32 D. Request for Foreclosure Authorization 1. BCC vs. Deborah Katchur CEB 2004-015 2. BCC vs. Gary D. Wilson CEB 2004-28 3. BCC vs. Douglas S. White CEB 2004-081 4. BCC vs. Samuel Mena CEB 2006-01 5. BCC vs. Occeus Saintillien and Malveileas Estiverne CEB 2006-22 6. BCC vs. Casa Bonita Home Builders, Inc CEB 2006-24 7. BCC vs. Bruce Assam CEB 2006-34 8. BCC vs. Cloe Waterfield CEB 2006-35 9. BCC vs. Luis Angel Dones CEB 2006-49 10. BCC vs. Elinord Pierre CEB 2006-53 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE- August 23,2007 10. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Angel Martinez, Respondent(s) CEB No. 2007-55 DEPT No. 2007010562 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-14 Deed 15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-55 Dept. Case No. 2007010562 Plaintiff, vs. ANGEL MARTINEZ, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 307 Weeks Terrace, Immokalee, FL 34142 SERVED: Angel Martinez, Respondent Joe Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-55 vs. DEPT CASE 2007010562 Angel 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 Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i),Collier County Code of Laws and Ordinances Section 22,Article II, Sections 103.11.1, 106.1.2,Florida Building Code 2004 Edition, Sections 105.1,and 111.1 2. Description of Violation: I observed two additions made to the mobile home on this property without permits. One of the additions to the mobile home contains two rental units and the conditions observed inside this addition are unsafe and unsanitary. 3. Location/address where violation exists: 307 Weeks Terrace, Immokalee FL 34142 (Folio #00120840302) 4. Name and address of owner/person in charge of violation location: Angel Martinez, 301 Weeks Terrace,Immokalee FL 34142 i-. 5. Date violation first observed: 1-17-07 6. Date owner/person in charge given Notice of Violation: 1-30-07 7. Date on/by which violation to be corrected:3-1-07 8. Date of re-inspection: 3-13-07 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 24th day of May,2007 14714^' Cod- Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn . aifrOJAP -. and cry o - : - this 24th day of May,2007 by Joe Mucha. (Signature of Notary) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC.STATE OF FLORIDA Type of identification produced Delicia Pulse -if Commission#DD629723 REV 3-3-05 %„„ ,,Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. Case Number 2007010562 COLLIER COUNTY CODE ENFORCEMENT Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION � dent Angel Martinez Date: 1/30/07 Investigator: Joe Mucha Phone: 239-403-2452 ' Zoning Dist MH Sec 3 Twp 47 Rng 29 Mailing: 301 Weeks Terrace Legal: Subdivision 100 Block 54 Lot - Immokalee,FL 34142 Location: 307 Weeks Terrace Folio 00120840302 OR Book 1503 Page 455 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy ' excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work,etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work - Building or land alteration permit and certificate of occupancy until the completion of the project. _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 010.02.06(B)(1)(e)Improvement of property prohibited prior to issuance 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 I observed two additions made to the mobile home on this applicable county regulations. property done without permits. One of the additions to the 0I0.02 06(Bx1)(e)(i)1n the event the improvement of mobile home contains two rental units and the conditions p property,construction of observed inside these units are unsafe and unsanitary. 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): Collier County Code of Laws and Ordinances Section 22,Article II ®Must be in compliance with all Collier County Codes and Ordinances. 0103.111 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, structure/improvements: OR remove said structure/improvements, or do not provide adequate egress,or which constitute a fire hazard,or are including materials from property and restore to a permitted state. • otherwise dangerous to human lilce, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate . of occupancy/completion. OR demolish described hereby declared illegal,etc improvements/structure and remove from property. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior []Must effect, or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same building/structure/systems:• OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection....Where pool construction is commenced after occupancy - ' Q certification of a one or two family dwelling unit on the same property.the Violation(s)must be CORRECTED BY: .. fence or enclosure required shall be in place prior to filling of the pool unless — during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. • fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may res tin fines up to$1000 per 0104.133 Prohibited Activities prior to Permit Issuance. A building permit day per violation, long as the vi on remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. / removal, well construction, approved site development plan, filling, re- 21// 1 vegetation,etc.)shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include,but are Respondent's Av.y Date not limited to, excavation pile driving(excluding test piling),well drilling, formwork,placement of building materials,equipment or accessory structures r) E et I - 30 - 07 and disturbance or removal of protected species or habitat,etc. Investigator' Signature Date /.ctron 106.1.2 Certificate of Occupancy. `106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure... and after the final inspection,the Building Official-shall issue a Certificate of Occupancy stating the nature of the occupancy permitted__with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 ORDINANCE NO. 04-41 AN @ RDINANCE 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 / ' 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without e5". 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. Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE Chapter 22 BUILDINGS AND BUILDING REGULATIONS* *Cross references: Housing finance authority, § 2-866 et seq.; affordable housing commission, § 2-966 et seq.; development services advisory committee, § 2-1031 et seq.; community development, ch. 42; environment, ch. 54; fire safety standards, § 58-26 et seq.; floods, ch. 62; impact fees, ch. 74; manufactured homes and trailers, ch. 86; planning, ch. 106; construction in public rights-of-way, § 110-26 et seq. Special act reference--Special acts pertaining to buildings and building regulations, ch. 214. State law references: Authority to adopt building regulations, F.S. § 125.01(1)(i); construction industry, F.S. ch. 553; building construction standards, F.S. ch. 553. Article I. In General Secs.22-1-22-25. Reserved. Article II. Florida Building Code Sec. 22-26. Adoption and amendment of the Florida Building Code. Sec. 22-27. Adoption of the wind speed lines. Secs.22-28--22-80. Reserved. Article III. Contractors'Licensing,Zoning Investigators Sec. 22-81. Designations. Sec. 22-82. Duties. Sec. 22-83. Training and qualifications. Sec. 22-84. Issuance of citations. Secs.22-85-22-105. Reserved. Article IV. Excavation Sec. 22-106. Title and citation. Sec. 22-107. Purpose. Sec. 22-108. Applicability; permit required. Sec.22-109. Exemptions. Sec. 22-110. Excavation review procedures. Sec. 22-111. Application requirements for excavation permits. Sec. 22-112. Construction requirements for excavations. Sec. 22-113. Inspection and reporting requirements. Sec.22-114. Fees. Sec. 22-115. Performance guarantee requirements. Sec. 22-116. Appeals. Sec.22-117. Penalties and enforcement. Sec. 22-118. Severability. Sec. 22-119. Compliance with state and federal permits. Sec. 22-120. Variances. Secs.22-121-22-160. Reserved. Article V. Building Trades Division 1. Generally Sec. 22-161. Title and citation. Sec. 22-162. Definitions and contractor qualifications. Sec. 22-163. Scope of county responsibility. Sec. 22-164. Penalties for violation. Sec. 22-165. The contractors'licensing board. Sec. 22-166. Stop work orders. Sec. 22-167. Contractors'identification required on all advertising mediums. Sec. 22-168. Business and financial records. Secs.22-169-22-180. Reserved. Division 2. Certificates of Competency Required Sec. 22-181. Required: permits;exemptions. Sec.22-182. Applications--General. f 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 104.2.1.2, entitled "Additional Requirements," is a new section which will read as follows: dn Re : 1. Drawings 104.2.1.2 to Ad scalitioe,al minimum quirements scale is 1/8". 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. /.n temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy,"is a amended as fol lows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following.' 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy," is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) //. Florida Building Code 2004, Building a14- 11. 'FLORIDA BUILDING II Alt aP g 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. /2. 1 IUN 1 u5 PERMIT'S 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.dlU3/8?f=-templates$fii=document-frame.htm$q=$ 4/24/2007 /3 or.L,i any iii t.,K V lUt, U I ILI I1ES Page 1 of 1 SECTION 111 SERVICE UTILITIES 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 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.d1U3/14?f--templates$fn=document-frame.htm$3.0$... 4/24/2007 /7. i,uult 1JV3 -rage 90) Page 1 of 1•— . sale to ip1Gw e11l ned!gasps ett"s) VCbP$. Cftn10. 1D68D+ wawa?Me x"'r �Clarence Wicks n #sere ream s!, ' w�..�18O4 Custer Avenue C-2 i S.MILK RE 3: I1eakslS$, IL 33434-2175 i KNOT, , Mt g • D01503'4D PIIIK1U be Clarence Weeks } 800$55 ` • mare 1604 Custer Amenns C-2 BOO PAGE , lneeokalee, FL 33934-2175 • lacelveni$ �9abs toru mentary Stamp Tax Cl a„"C»tni:r:t de .,,a rrty Panto Peat hasia ce hobs* d ,pz-:rsGnat Property Tax >j Si :E LLI.�s COW CLERK OF CCIUW IS /y R . Qu . MN MAIM ire tut 11021$11 skim SRO tusi nab W M ! i Mamma..0 k1!li*flop Yes*f.4-�,,p� Ng',mod ow ►oo woo Asia..0 oast k,w«*ad ' s stoma av,a..a.oa..d ame M swiYk.ad W weans 4-d radon•i awrYilws.rMMt Ile"Ms" This Ment ,Made this sixth (6th) day of June , d. A 1988 en t dD Num Clarence Week. and Mildred J. Weeks y .l tier County of Collier .Os Ow State of florid* .pert Las .1 ti.Rest Port,and ot� Attgal liartia rs ? of sir Coany.,j Collier .is fig Stare of naafis • Wirers pea office .idea.ti `. 307 Weeks Terrace. Intcokalee Florida potty, of the deernd part, a � met tie sail �\ a � parties of ii,!lost Pe't, foe and in mnr{dswttiM of titers*.f • Tees Dollars and Other Good and Vela*ble Considerations bib* to than in Band paid iy he said party of tin second pot sir receipt adosoof is ireoeinotol. C) .dad.heve osanted batvalasd,old sold to the said potty of the stood pwi, hie iei,. k pp end ouipna forewr. doe fullowino J,nayiied land.situate.and lobo/in As Canty of Collier . A u _ Slots of florid* .te•wft:. Beginning at the Wartbeast corner of the Southeast 1 .W,. of the Southeast 1 of the Southwest 1 of Section 3, Township 47 Swath, Range 29 ' en East, Collier County, Florida, ran West 331.10 feet, Chore run North 597.61 feet to CC ,. the point of beginning of this piece of land. Beginning at this point run East a • *4., r distance of 135 feet; run then North a distance of 60 test; run thence Wont a is k2 £ distance of L35 feet; run thence South a distance of 60 feet to the paint of beginning. • 1 • `1 This piece of land is subject to prior reservations of gas, oil and mineral • rights below 125 feet. This piece of laud is also subject to easements and restrictions of record . and to all taxes for 1982 and rnbsequent years. And the wed parties o f tio f i a t wet d o isebfr lay rrowont the Silo to std tuu1,end soma d.f nd As ease SPINA the lawful Assn of on paeans taiiaaw..w• ` a in Whim itherof, m,mid part Le* of the lint pert be ve hereunto set their i bend end end tim day and year Rear elon,wWtisn . 1 Sand....W awed d.tmas.d at tit pr.U,Ies of: o loppuiy‘ar. i 7.1.4,%- .....—. .Catag4iik..1144...-7.—....--.119 II *To r i f'X' , 'IC ........--.......,.V.tkthf. '"4:--(?:-Z'f"iealt4*—liB n • J ... .. .. .....—........-0111.* '^CAa MTATL OF 7LO&IGn. iiEtt ,;tt$5 „ >COt;TY of £ g 1 * , i Mitt CITIFY du as tide day, wars ass,as .�� .niter d+4-anannadd is the Sew eta.rid and in the County sterrrld is uta ndionededpsns,p•e•e•fy aosend ekkret ce Weeks a.nd Mi4drrd 3• Weeks - so a Wenn is be asp insioeS dduriind in and rho saeatitd the fan.*itpsnan 1 ai 'Tfteti • http://www.collierappraiser.com/viewer/Image.asp?ImageID=22043 4/2/2007 /5. BOARD OF COUNTY COMMISSIONERS Collier County, Florida PAGE e1 Petitioner, Vs. CEB NO. 2007-55 Angel Martinez DEPT NO. 2007010562 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Angel Martinez, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007010582 dated the 301h day of January, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 7-26-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10,02.06(B)(1)(e)(i), of Collier County Land Development Code; 105.1, and 111.1 of the Florida Building Code 2004 Edition; 103.11.1 and 106.1.2 of the Collier Code of Laws and Ordinances, Section 22, Article II and are described as unpermitted additions to a mobile home. THEREFORE, it is agreed between the patties; 1) Violations have been abated before the hearing date. Respondent will pay operational costs in the amount of$291.52 incurred in the prosecution of this case. • 'e :•ndent Fc Michelle Arnold, Director Code Enforcement Department Date Date REV 2 7 e( -I� CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-55 vs. ANGEL MARTINEZ, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Angel 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,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 307 Weeks Terrace, Immokalee, Florida, Folio 00120840302 more particularly described as(see attached legal)of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(l)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinances, Section 22,Article II, sections 103.11.1, 106.1.2 and The Florida Building Code,2004 Edition, sections 105.1 and 1 11.1 in the following particulars: Two additions made to the mobile home without permits. One of the additions contains two rental units and the conditions observed inside are unsafe and unsanitary. 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)(I)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinances,Section 22,Article II, sections 103.11.1, 106.1.2 and The Florida Building Code,2004 Edition, sections 105.1 and 111.1 have been corrected,but did exist. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$291.52 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this-50-r". day of-SAL) ,2007 at Collier County, Florida. J CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY/ '1 ' / L� C�.'��.31z___ Gerald Lefebv ,Vice Chaif/ 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this))( ~day of -c--.'t () 2007, by Gerald Lefebvre, Vice Chair`o¢the Code Enforcement Board of Collier County, Florida,who is personally known to me or �( who has produced a Flori a Driver's License as identification. C� e KsM I.Flail NOTA Y BLIC • J My Vision nn2e7eoe My commission expires: '" ExPKes AAA 30.200! CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o his ORDER s bee sent by U. S. Mail to Angel Martinez, 301 Weeks Terrace, Immokalee,FL 34142 this day of , 2007. -. , -;/,dl,(4(),(5,___ , Al ' ' ' i M.Jean Ra- 4n, Esq. Florida B. lo. 750311 Attorney for the Code Enforcement Board stale of 1:LORIUA 400 Fifth Avenue S.,Ste.300 ;curly of COLLIER Naples,Florida 34102 (239)263-8206 I HERESY CER+TW(1 T thls Is a true ead correct copy pfa50!'',: ,tti:1f1:3to Board Miii!:t 5 : r-; it �y' bier County -tai this /iv day got� 1_ ' (DWI."' E, BROCK, E'' OF C%URTS 114,.. , % (. / �vrlllu yr L ULNTY COMMISSIONERS Collier County, Florida PAGE 01 Petitioner, Vs. CEB NO. 2007-55 Angel Martinez DEPT NO. 2007010562 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Angel Martinez, enters into this Stipulation and A r as to the resolution of Notices of Violation in reference (case) number 2007010582 n dated thCollier e, day of January, 2007. 0 day of In consideration of the disposition and resolution of the matters outlined in said Notice(s)hearing is currently scheduled for 7-26-07; to Ot administration Violation for whice enforcement process; and to obtain a quick and expediti us rreesolutio of the m li of the code parties hereto agrees as follows; d therein the 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their heir 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(8)(1)(e), 10.02.06(9)(1)(e)(1), Collier County Land Development Code; 105.1, and 111.1 of the Florida Building Code 2004 Edition; 103.11.1 and 106.1.2 of the Collier Code of Laws and Ordinances, Section 22, A and are described as unpermitted additions to a mobile home. nccie II THEREFORE, it is agreed between the parties; 1) Violations have been abated before the hearing date. Respondent will pay operational co the amount of$291.52 incurred in the prosecution of this case. sts in / /7: #o(2‘ . •/.•nd� ; P13#"-- Michelle Arnold, Director Code Enforcement Department Date Date REV 2/23/07 Page 1 of 1 two tr, manna tetuedrwt4 swami eeebN¢ 3CORAEC'TIVS 'DEED* ION 4 Clarence leeks 'mum we i mow ease raver Jr r.I.MIA Mmes 604 Custer Avenue C-2 l VE Imuotatles, FL 33934-2175 i nOc 001503 R woouripso ow Ifs Clarence Reeks 800455 ' • wag 1604 Custer Avenue C-2 OR BOOK t bmokales, FL 33934-2175 --fir—'- PAGE • Iseetaed S a+1�r documentary Stamp Tao 'tpCQise $ Cto:."C"tntrrtddc ..e dMeR fal #d P rsrawl Property Tax dal s3 , OLLuE COW carte OF COirrirs rem was let urn na A'aldae�arur 81E D G wastoletlteAettas r< w i,rovvn.4 all di -sot-mini we Ana IRA* Ras ,Are,ham.bar le rb il,r+.anw.I .d 11..rnrra Ml warn�t w7rMr.s«:+..rr dr awe Ibis JBdtfturc Made this sixth (6th) day o/ June 4. A. 1966 d kiwis Clarence Weeks and Mildred J. Naeks • 5 S c tp of She Caws s nt Collier .in She State 4 Florida .part ids of do lbw pmt,sad I Angel Martians r. 4 ihr County•d Collier .in A.State of Florida . wbwe psot o//tae admit 6 1 II 307 Weeks Terrace. Ioaokalee Florida party of ihr aetxad pal. Uitersudi, That ihr raid ponies of the/bat pert, far main gendifsellom 0,116/wen 4 . Ten Dollars and Other Good and Valuable Considerations fa.&s. M than in hand prig fry the acid party of de mond pod.the raoyi whraj w hoctq seioneut. edpad,hove a.an karsained,and said to Ow acid poly of dot sae.od Fed, his Lbw t t7 I; tr) - and 1erhnr fora"* the lakst tea dnathed land.situate,and barn,In the Caw iIp 4 Collier . 1t7 _ Stak of Florida .44.0: Reginaiog at the Northeast corner of the Southeast Ii .... ` of the Southeast * of the Southwest } of Section 3, Township 47 South. Range 29 • In : Moat, Collier County, Florida, runt Rant 331.10 feet, then rum North 597.61 feet to Or: • the point of beginning of this piece of land. Dsginaiog at this point rant East a • ""' distance of 135 feat; run then North a distance of 60 fest; run thence West a a 1=' ' distance of 135 feet; run thence South a distance of 60 fast to the point of ` beginning. `1 This piece of land is subject to prior reservations of gas, oil and mineral rights below 125 feet. b. This piece of land is also subject to easements and restrictions of record ■ Awdtbcand to all taxes for 1952 end subsequent yearn. part ice 4 the lira pot do haebr f o$v traernl As tide is add bnd mama d.Jetii i/I. Na ap i tai the laa,fo!claims of all penman ' Nam t it Wham Whertof, The said pmt its e/the AM Part 6 V. /w~enn aM flair 1 long and mind rho Jar and y.er flirt above writhes writhe R • Signed,-deed eel damned in ilia p'nnata of t ~` Lr1i'a11Jrw�tik,._ ..4-2-. .....r.. r �`f G SO .1,000 ; &TATE OF FLORIOrt.e4K ►t t$u • COUNTY Of ' t a 1itR • 1 HEWN CtRTIFY Oa as dd,day,betas me,as , Am deb'nthaehed is the duo sfnnseid and in the Came aforesaid to ohs ttlao.fllaone,peso*sewed Clarence Weeks arid Mildred 3• Weeks. - rs wr knew.to he do pos.$ daubed in and who msarnid tM fngaiot Satnueear iod -*el aykr04 4[d http://www.collierappraiser.com/viewer/Image.asp?ImageID=22043 4/2/2007 45. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Albert Houston SR., Respondent(s) CEB No. 2007-63 DEPT No. 2006070938 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3-8 Deed 9-33 34-35 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-63 Dept. Case No. 2006070938 Plaintiff, vs. ALBERT HOUSTON SR, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: Lot 6 (west half) Block-9, Carson's Add. Subd., of Collier Co. record a/k/a 204 So. 4th. St. Immokalee FL. SERVED: Albert Houston SR, Respondent Dennis Mazzone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs.ALBERT HOUSTON SR.,Respondent CEB CASE NO.2007-63 DEPT. CASE 2006070938 STATEMENT OF VIOLATION AND _ ORE UEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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)No.04-41,The Collier County Land Development Code,as amended, Sec. 1.04.00,sub sec. 1.04.01,A and B,Sec.2.02.00,sub sec.2.02.02-B and sub sec.2.02.03, Sec. 2.03.00, sub sec.2.03.01-H,Sec. 8.08.00,B and E-4, Sec. 9.03.00,sub sec. 9.03.01-D, Sec. 10.02.00,sub sec. 10.02.06-B 1 a thru. le. 1-A)Violation of Ordinance No.2004-58,The property maintenance Code,Sec.6,par's. 1,2,3,4,5, 6, 7,8,9, 10, 11, 12-a thru.d,fthru m,and o thru. q,par's. 1-B)Violation of Ordinance No.2005-44,The Iitter,weed and exotics control ordinance,Sec.c7 and Sec.8. 2. Description of Violation: Existence of a 24'+/-x 32'+/-wood frame structure having been placed/stored on a"VR"zoned lot in Collier Co.without a Collier Co.Building Permit,without having received required Collier Co.inspections,without a Certificate of Occupancy,left abandoned,unattended and in a state of deterioration.Not to Collier Co.Code. 3. Location/address where violation exists: Lot 6, (west half) Block-9, Carson's Add. Subd., of Collier Co.record,a/k/a 204 So.4h. St.Immokalee,Fla. 4. Name and address of owner/person in charge of violation location:ALBERT HOUSTON SR. ^ 5. Date violation first observed: July 21,2006. 6. Date owner/person in charge given Notice of Violation: Nov. 17,2006. 7. Date on/by which violation to be corrected: March 18,2007. 8. Date of re-inspection:March 19,2007. 9. Results of Re-inspection: Violation(s)remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 6'h., day of June, 2007 STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 6a`. day of June 2007, by DENNIS MAZZONE,Collier Co 4y,, Code Enforcement Invest. / ,•05.11111 —, .I (Si_,1a e of No . Public) (Print/Type/Stamp Commissioned Personally known or produced identification Name of Notary Public) Type of identification produced UPI ^^•T,� ,o,f1�. • •:il� iitt i?4 I REV 53-05 .14/47-' }�Ca,'S�1T�1I.o icit�,�'' iii r 9 COLLIER COUNTY,FLORIDA ,-` NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT • TO:ALBERT HOUSTON SR.(OWNER) ORDER TO CORRECT VIOLATION(S): P.O.BOX 5310 YOU ARE DIRECTED BY THIS NOTICE TO TAKE IMMOKALEE,FLA.34143-5310 LOCATION OF VIOLATION 1' FOLLO`VIl�TG CORRECTIVE ACTION(S) (LEGAL.AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST."VR" SEC:4,TWN.47,RNG.29, SUBD.CARSONS ADD.SUBD., Must maintain a 24' +/- x 32' +/- wood frame residential structure located on lot-6, block-9,BOOK 2709, PAGE 1592, BLOCK-9, LOTS 6 and 6.1, c•-9, Carsons Add. Subd., PROPERTY ID NO'S. 25631120004 and 25631120101, Immokalee, Fla. and a 10' i 46' Mobile Home type respectively,of Collier Co.record structure, currently located on lot-6.1, block-9, Carsons A.K.A.204 so. 4m. St and 208 so.4`h. St.,respectively,Immokalee, Add. Subd., Immokalee, Fla. so as to comply with all Fla.(LOT-6 was split in March of 2001,resulting in current LOT'S 6 Collier Co. Housing/Maintenance and 6.1,each currently measuring 75'x 95') Code requirements.. (Refer and Land Development Resid meat NOTICE 4 (Ref to Collier Co. Residential PURSUANT TO COI.r.r>R COUNTY CODE ENFOR Property Maint Inspection Reports for 204 and 208 so.4th CEMENT BOARD St.Immok.Fla. dated 10/06/06,attached) (C E B)ORD#05-55 and 97-35,AS AMENDED,YOU ARE NOTIFIED THAT THE FOLLOWING VIOLATION(S)EXIST. All same maintenance and rehabilitation must be ORD. NO. 04-41, as amended, codified as the Land Development Code, completed within 120 days after receipt of this notice. SEC.1.04 00 Must obtain a current/active Collier Co. Building Permit applicability general,ty for all current maintenance and rehabilitation to the above SUB SEC.1.04.01,gene ' parr's.A and B SEC.2.02.00,estab.of zoning st's. noted structures on lot-6 and lot 6.1 within 30 days after SUB SEC.2.02.02,disc Nomenclature,par.-B,residential disc's. receipt of this notice. ( reference EXPIRED permit No. SUB SEC.202.03,prohibited use 960015130) Must execute all same permits through to final SEC.2.03.00,zoning dist's, inspection and a Certificate of Completion within 90 days SUB SEC.2.03.01,residential zoning disc's.,par.-H,village residential that after receipt of this notice. ,---. EC. 8.08.00, code enforcement board, par.- B, violation and par.-E-4, SEC. Or, must remove the aforementioned abandoned SEC.9.03.00,nonconformities /unattended structure(s) and all related debris, restoring SUB SEC.9.03.01,generally,par.-D,use all said premises to a state of compliance with all Collier SEC.10.02.00,application requirements SUB SEC. 10.02.06,a.06,submittal re Co. Housing Maintenance and Land Development Codes ALSO:ORD.NO2004-58 requirements�r emu'par's.B-la thru l-e and regulations within 90 days after receipt of this notice. SEC.6,compliance with housing standards,par's.1 thru.20 (s«attached maintenan«report) PENALTIES MAY BE IMPOSED: Failure to correct the SEC.15,maintenance responsibility violations on or before the date specified above will result in, 1) the SEC.16,owners responsibilities/vacant structures ALSO;ORD.NO.2005-44 filing of an affidavit of violation with the Collier County Code SEC.7,unauthorized accumulation of litter Enforcement Board, "C.E.B.", or Special Master S M charging SEC.8,abandoned with the violationcs)as described on this form.You will/have erreceivve property/prohibited DESCRIPTION OF CONDITIONS CONSTIT'UT'ING (d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board THE VIOLATION(S). Existence of a 24'+/-x 32'+/_wood frame single family /S.M.proceeding and making a determination in your absence. If the originally having been TEMPO e, Code Enforcement Board or Special Master finds a violation exists, "TEMPORARILY"placed/stored on lot-6, a maximum fine of$1,000.00 er Block-9,Carson Addition Subd.,of Collier Co.record. day in the case of a fia maximum fine of$5,000.00 per day for a repeat violarst violation, (Lot-6 was a single lot measuring 75'x 190'at the time the above tion and a mentioned structure was placed on it) maximum fine of$15,000.00 per violation in the event there is a Also:the existence of a 10'x 46'Mobile Home type structure having finding that the violation is of an irreparable or irreversible nature. Also:the existence fenced of t10 same 46' original g The Fines may be imposed on a per day basis for eac day each been g�lot-6,resulting in both violation exists. Costs of prosecution and/or r existing on a residential lot as stored inventory without rep may also be Collier Co,approval,without Collier Co.Building assessed against you for any violation. Permits/mspection.Both structures left unoccupied, SERVED BY CERT. MAIL PERSONAL in a continuous state of deterioration. p unattended and SERVICE (Please see attached Collier Co.Residential Property Maint Reports) I HEREBY acknowledge I INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO have received,rea and . rstand this notice of violation CODE ENFORCEMENT INVESTIGATOR:DENNIS MAZZONE %,o-a - �"'OA No.Horseshoe Dr.Naples,FL 34104 Si �� )403-2447 FAX:(941)403-2343 Sign itle of" cipient ,�^ LacF--� Investigator's Signaiur-�� .��e L. ► r 64— J_ Print - 4 . ` , VIOLATIpNSTAT[i4 TrmTer DATED I I DAY OF i `1 a 2006 9 _Cottr Caunty COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report/Order to Correct Ordinance 2004-58, Section 6 Location: 204 SO. 4th• ST. IMMOKALEE,FLA. Date: 10/06/06 Case# 2006070938 Investigator DENNIS MAZZONE eg Description w Corrective Action Required 1. Sanitary Facilities: ALL Vi 6i...GlT I UMS M 14S r A$ATE-b • Kitchen Sink with counter workspace n n Pr?o Pe-e- %14 Ques T1 D,Y Huts T C Afn...l One (1) lavatory basin properly connected w i T'ri a LL Got—t-i t R. co ;E o s to water and wastewater IAA i M TeNa n-■ „ , 1-4-014.6 'D EV t Lo'� -- One 1)tub or shower properly connected C,P E l �t�N�Pl w r -mac- v►��rt;,.1 t 20 to water and wastewater n n D A 5 n>=TE pr OF -114-y a- o,,,, , One (1) commode properly connected to _ water and wastewater - n 2. Hot and Cold Water Supply Adequate hot and cold water supply to all fixtures In n 3. Water Heating Facilities Hot water provided to all required fixtures Temperature not less than 120 degrees at all fixtures I I In I. Heating Facilities Heating equipment providing a temperature of at least 68 degrees n n Heating equipment properly installed and connected El E . Cooking Equipment Operable stove or range Operable refrigerator Properly installed and maintained in safe condition n 17 Garbage Disposal Facilities Adequate disposal facilities or storage container for garbage or rubbish n n L%—kit and Ventilation Meets minimum size and access requirements of the Building Code (1203.1-1.6) n n nertv Maintrnanrr./C)nirr to rnrrert Rev 7/11/f5 _ �i reg Description Corrective Action Required W cy O a) r~ One or more windows for each habitable AU room I I S. Bathroom Window or skylight ( I I I Mechanical ventilation I I 9. Electric Lights and Outlet Electric provided to dwelling unit n I I Required outlets provided(1 per room) I I All lights and outlets properly installed and in good working condition 17 17 10. Light in Public Halls and Stairways Three (3)or more units: adequately lighted at all times - Lighting in place n Less than three (3)units: conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided-Lighting in place n I. Electrical Systems All fixtures, equipment,receptacles and wiring maintained and installed pursuant to the Electrical Code 2. Exterior and Interior of Structure a. Foundation Building foundation and other structural elements maintained in safe manner and capable of supporting load n b. Exterior Walls Free of holes, breaks, loose or rotting material I I Substantially weather tight, waterproof and properly coated El El Decorative features maintained in good repair Graffiti c. Roof Maintained in a safe manner and is water tight I n . Means of Ingress/Egress Safe unobstructed means of ingress/egress n Second means of ingress/egress I I erty Maintenanne/(1rrlertnf nrrect Rev ?/11/f S c C� C Description .2 w Corrective Action Required o cy ca~ e. Attic Access to attic within the dwelling unit n n f. Stairs Maintained in a safe manner n g. Protective Guard Railings Protective railing in place n Maintained in good condition U h. Handrails Handrails in place i. Windows and Doors Lockable, weather-tight, maintained in good repair n j. Window Sash Properly fitted and weather-tight k. Hardware Doors with proper hardware and maintained in good condition 1. Screens Are screens in place (not required with central A/C and heating) L m. Protective Treatment All exterior surfaces protected by painting or other protective coverings C n. Accessory Structure Accessory structures maintained and in good repair n n o. Interior Doors Properly fitted within frames p. Interior Floor,Walls, and Ceiling Floors and walls in good repair Li n q. Structural Support Structural supports maintained in good repair and capable carrying loads as designed — n �'. Gutters and Downspouts Gutters and downspouts maintained in good repair El . Occupancy Standards,Dwellings is-rtvMaintenanre/frdertnCnrrent Rev Hiii c Description ° a w Corrective Action Required o CJ Number of persons in dwelling More than 4 unrelated persons n n Square footage of dwelling sq ft Exceeds 250 SQ ft for 1St person, and 200 sq ft for additional inhabitant ratio n [1] 14. Minimum Ceiling Height Meets requirements of Building Code at the time of construction (7 ft current) Minimum ceiling height ft 15. Pool Maintenance Pool in place 11 Pool properly maintained so as not to create a health or safety hazard n n 16. Occupancy of Space Below Flood Elevation Habitable space below flood elevation 17. Residential Parking Facilities Parking area made of improved surface and in good repair n [8. Boat Houses Is there a boathouse I I Maintained in good repair and surfaces n protected from the elements I-1 n 9. Sanitation Requirements All areas kept in clean and sanitary condition Nuisance or fire hazard I I EJ All structures regularly maintained and free of infestation Plumbing fixtures maintained in clean and sanitary condition ). Smoke Detectors Smoke detector in place to meet Building and Fire Code requirements n El Within every dwelling and for dwelling unit: Ceiling or wall mount centrally located in the corridor or area giving '—`,ccess to each group of rooms used for sleeping n lertv Maintenanrennier to rnrrrrt Rev 7/11 inc •� rz Description �' w Corrective Action Required o U Dwelling or dwelling units with more than 1 story: Detectors required on each level including basements but excluding attics, and close to stairway leading to floor above n Split-Ievel without an intervening door between levels: Detector installed on upper level,provided lower level is less than one full story below upper level Overall Comments: The wood frame reridential structure in question has been placed/stored on a split lot in a "VR"zoned district in Collier Co.without prior Collier Co. zoning and planning review,without a Collier Co. Building Permit and related inspections. The structure has been left vacant, unattended and in a constant state of deterioration. Prprty owner,Mr.Albert Houston Sr.,has been requested,via, Collier Co. Code Enforcement case no. !O 70938 ,to maintain , or, remove said structure, so as to comply with Collier Co.Housing Maintenance and ..and Development Code requirements. lerty Maintenanrr./(lyder to(`nrrrrt Rev Ill inc • N AN ORDINANCE OF THE BOARD OF COUNTY O UN Y MMIS IONERS OF COLLIER COUNTY FLORIDA,RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES 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:CHAP T'nR 1-G INCLUDING SEC. 1.01.00 TITLE,SEC. 1.02.00 AUTHORITY,SEC. 1.03.00 GENERAL S OFSIONS, 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 PROTECTION,SEC.3.03.00 COASTAL ZONE MANAGEMENT,SEC.3.04.00 PROTECTION OF ENDANGERED,THREATENED,OR LISTED SPECIES,SEC.3.05.00 VEGETATION REMOVAL,PROTECTION,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 WADING,SEC.4.06.00 LANDSCAPING,BUFFERING,AND VEGETATION RETENTION, 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,y,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-INFRASTRUCTURE 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 T2PROV.EMENTS 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 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION;CHAPTER 9- VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SEC.9.01.00 GENERALLY,SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMTTIES, SEC.9.04.00 VARIANCES;CHAPTER 10-APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01:00 GENERALLY,SEC. 10.02.00 APPLICATION N '10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR TEE 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 PROCEDURES,AND APPENDICES A THROUGH H,INCLUDING A NEW APPENDIX"H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC;SECTION FOUR,REPEALER; ER SECTION FIVE,CONFLICT AND S COLLIER COUNTY LAND DEVELOPMENT CODE;SECTION ND SECTION SEVEN EFFECTIVE VE DATES. COWER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. • A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. • H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions,provisions,or events connected by a conjunction"and,""or,'"either...or,"the conjunction shall be interpreted as follows: • • 1. 'And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or"indicates that the connected items,conditions,provisions or events may apply singularly and in any combination. 3. "Either...or"indicates that the connected items, conditions,provisions or events shall apply • singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday,that day shall be excluded. B. The word "day"shall mean a calendar day. C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean seven (7) calendar days. E. The word'year"shall mean 365 calendar days, unless a fiscal year is indicated,or unless a calendar year is-indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. le .1.04.00 APPLICABILITY 1.04.01 Generally • A. The provisions of this LDC shall apply to all land, property and development in the total • unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 /.. GENERAL PROVISIONS 1.04.04 Specifically, no building, structure,land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. 4./B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations,as the case may be,and shall apply uniformly to each class or kind of structure,use,land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of,or to subdivide,or to otherwise divide,any land in the total unincorporated area of Collier County,except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete.If the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any (1)final subdivision plat and final improvement plan, (2)final site development plan,or(3)phased site development plan that has been approved for at least one final site development plan,provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements �-� A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other,structure,or use,except where specific provision is made in this LDC. LDC1:5 /1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.01.03 G. 2.02.01 E. c. Essential services shall not be deemed to include the erection of strut- �.. tures for commercial activities such as sales or the collection of bills in tr districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. (Ord. No. 04-72, § 3.C) 2.01.04 Polling Places Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the supervisor of elections. access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. if 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County,which is incorporated by reference into this LDC as if fully described and set forth herein.The district symbol or symbols as set forth in this LDC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words:"This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted 20 " • C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. D. No changes of any nature shall be made in the Official Zoning Atlas or any matter shown thereon, or in the zoning districts or regulations contained herein, except in conformity with the procedures established in this LDC and consistent with the Collier County GMP. Any unauthorized change of whatever kind by any person shall be considered a violation of this'LDC. E. If,pursuant to the terms of this LDC and the applicable Laws of Florida, amendments are made to the districts, boundaries,or other matters portrayed on the Official Zoning Atlas Official Zoning Atlas,such amendments shall be entered on the Official Zoning Atlas by the County Manager or designee within twenty(20)days after amendment. Failure to so enter any such amendments within twenty(20)days shall not affect the validity of any such amendments. However, no amendment to this LDC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and , entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: "On Supp.No.1 LDC2:8 ZONING DISTRICTS AND USES • 2.02.02 F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LDC, which from time to time may be made or published,the Official Zoning Atlas located in the office of the • clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier • County; and the LDC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes,the BCC may,by ordinance,adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof.The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or • pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LDC. 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect 'This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated , 20 , replaced the Official Zoning Atlas (or page or pages thereof)adopted , 20 , as part of Ordinance No. of the County of Collier, Florida.' . 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed, the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date of adoption of this zoning code, the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. 2.02.02 District Nomenclature A. Where the phrases "agricultural districts,' 'zoned agricultural,' 'agriculturally zoned,' "agricultural zoning,' 'rural zoning' or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include:A and E. ,'B. Where the phrases "all residential districts,' "residential districts,''zoned residentially,' 'residentially zoned,'or phraseology of similarintent are used in this LDC,the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUDs. C. Where the phrases'commercial districts,' 'zoned commercially,"'commercially zoned," "commercial • zoning,' or phraseology of similar intent, are used in this LDC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5, TTRVC, and commercial components in PUDs. LDC2:9 /7 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,"Industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC,the phrases shall be construed to include: I and industrial components in PUDs. J 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district 2.02.04 Continuation of Provisional Uses - Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it ' is located under this LDC,then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. -1" 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: J 2.03.01 Residential Zoning Districts A. Rural Agricultural District°A°.The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural,.. agricultural related activities and facilities, support facilities_ related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with, and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element B. Estate District"E".The purpose and intent of the estates district"E°is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and Is compatible with the low density residential, semi-rural, and rural character of the E district The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 • • COLLIER COUNTY LAND DEVELOPMENT CODE • 2.03.01 G. Residential Tourist District "RT". The purpose and intent of the residential tourist district "RT" is to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district / in the urban designated area on the future land use map of the Collier County GMP. ✓ . Village Residential District "VR". The purpose and intent of the village residential district "VR" is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile,with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the lmmokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP,though there is some existing VR zoning in the coastal urban area.The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating ; system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. Mobile home District °MH".The purpose and intent of the mobile home district"MH" is to provide lands for mobile homes and modular built homes as defined in this Land Development LDC, that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP.The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided;in part,by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the- MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element,or as identified in the immokalee future land use map of the GMP. J. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 2.03.02 Commercial Zoning Districts d. Commercial Professional and General Office District"C-1".The purpose and intent of the commercial professional and general office district C-1 is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial,professional,and general office districts are contiguous to,or when within a PUD, will be placed in close proximity to residential areas, ands therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts.The type's of office uses permitted are.those that do not have high traffic volumes throughout the day, which extend into the evening hours.They will have morning and evening short-term peak conditions.The market support for these office uses should be those with a localized basis of market support as opposed to office .-� functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted,to provide a convenience to office-based employment.Such LDC2:14 /5 DECISION-MAKING AND ADMINISTRATIVE BODIES 8.07,05 vice-chairman shall preside in the absence of the chairman.The chairman and vice-chairman may be reelected for an additional one (1) year term each, but may not serve for more than two (2) consecutive years. E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCC. A member of the Preservation Board shall be automatically removed if he is absent from two(2)consecutive meetings without a satisfactory excuse •or, in the alternative, if he is absent from more than one-fourth of the meetings in a given fiscal year, provided that the Preservation Board has met at least eight(8)times in the given fiscal year.Members shall be deemed absent from a meeting when they are not present during at least seventy-five (75) percent of the meeting. • F. Vacancy.The BCC shall fill the vacancy by appointment. • 8.07.04 Compensation Members of the Preservation Board shall serve without compensation. 8.07.05 Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Board. Regardless of the lack of pending business,the Preservation Board shall meet at least four(4) times during any calendar year. B. All meetings of the Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community.The ad may be placed where other legal notices appear. 8.08.00 CODE ENFORCEMENT BOARD A. General.The provisions of this Code shall be enforced by(1)the Collier County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69.The county manager shall have the right to inspect those lands, waters, or structures affected by this Code and to issue citations for violations. . • 1. The term 'county manager as used in this Code shall mean the county manager or his designee. .� B. Violation. Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water,or on the erection of a structure, a failure to comply with such • provisions shall constitute a violation of this Code. LDC8:15 /�. • COLLIER COUNTY LAND DEVELOPMENT CODE 8.07.05 C. Complaints regarding violations. Whenever a violation of this Code occurs, or is alleged to have occurred,any person may file a complaint Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such complaint, investigate, and take action thereon as provided by this Code. He shall maintain as • a public record, in his office, the disposition made of the complaint D. liability.Any owner,tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, or any other agent, or other person, firm, or corporation, either individually or through its agents,employees,or independent contractor, who violates the provisions of this Code,or who participates in,assists,directs,creates,or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance. 4/ E. Procedures upon discovery of violations. 1. Upon the determination that any provision of this Code is being violated,the county manager or his designee, before prosecuting said violations before the code enforcement board, shall • send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.Additional written notices may be sent at the county manager's discretion. 2. The written notice shall state the action the county manager intends to take, if the violation is not corrected. 3. Before a violation of any of the provisions of this Code is prosecuted before the code enforcement board, written notice by registered or certified mail, return receipt requested, shall be serviced by the county manager or his designee according to the requirements of Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art. VIII, div. 11]. 1 4. If the violation is of a nature that it can be corrected by an official zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome of such proceedings; provided that the person(s) responsible for the violation file the appropriate application forms for official zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an official zoning atlas amendment request or variance request does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the county manager as set forth above. 5. In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the county manager may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law. F. Criminal penalties and remedies. 1. A person who violates any of the provisions of this Code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the state in the same manner as LDC8:16 /7 COLLIER COUNTY LAND DEVELOPMENT CODE 9.02.10 C.S. 9.03.01 C. f. Whether and to what degree any such diminution of property values has promoted the public health, safety, morals, aesthetics, or general welfare, and was consistent with the county's comprehensive plan; and g. To what extent the public would gain from the intended or challenged development or use compared to any resulting hardship upon the claimant alone. 6. Any relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable, beneficial use of the subject property and may be in the form of alternative uses of additional development intensity which may be severed and transferred, or other such non-monetary relief as is deemed appropriate by the board of county commissioners. Any relief granted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was granted. Subsequent applications under this section may review the expired decision for possible reinstatement, with or without modification as deemed necessary under then existing conditions. D. Appeal of takings claim. Any claimant aggrieved by the final decision of the board of county commissioners may seek judicial review of the board's decision by timely filing an action in a court of competent jurisdiction. (Ord. No. 04-72, § 3.X) 1- 9.03.00 NONCONFORMITIES J 9.03.01 Generally A. Intent. Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist lots,structures,uses of land,water and structures,and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these nonconformities to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further the intent of the LDC that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. B. Declaration. Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved.A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises,or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within section 9.03.03 B.4. C. Vested projects.To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans,construction,or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction,or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC,provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, whichever shall first occur, if no actual construction has been commenced; and thereafter, all Supp.No. 1 LDC9:4.8 /v. VARIATIONS FROM CODE REQUIREMENTS 9.03.01 C. 9.03.02 A. development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC,provided the degree of nonconformity with the LDC shall not be increased. 7D. Casual, temporary, or illegal use.The casual, temporary, or illegal use of land or structures, or land and structures in combination,shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. E. Uses under conditional use provisions not nonconforming uses.All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district,but shall without further action be deemed to have a conditional use permit. F. Change to conforming use requires future conformity with district regulations. Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sicj the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. G. Nonconformities not involving the use of a principal structure.Nonconformities not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicles, mobile homes, trailers, equipment and machinery storage,junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the LDC. H. Safety of nonconformities. 1. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 2. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strength- ening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply. (Ord. No. 04-72, § 3.Y) 9.03.02 Requirements for Continuation of Nonconformities Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC,the use may be continued,so long as it remains otherwise lawful, provided: A. Enlargement, increase, intensification, alteration. No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land, structure, or Supp.No. 1 LDC9:4.9 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES. 10.02.01 10.01.00 GENERALLY 10.01.01 Purpose and Intent[Reserved] • 10.01.02 Development Orders Required [Reserved] 10.01.03 Applicability and Exemptions [Reserved] A. Generally B. Exemptions • 10.01.04 Fees Required A. Fees and administrative surcharge for wellfield permits. 1. Fees. . • a. The board shall establish, by resolution, an application fee for certificates to operate and wellfield conditional use permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b. It is the intent of this section that the cost of implementation be borne wholly by the regulated development. • 2. Administrative surcharge. • • a. The board may, by.resolution, impose a surcharge on: • i. Revisions and modifications of certificates to operate and wellfield condi- tional use permits; and ii. Appeals from..adverse administrative determination. b. The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the application,petition or appeal and reasonable costs.It is the intent of this section that such costs are wholly borne by the regulated development 3. •Fee:schedule. The fee schedule for applications for certificates of operate, petitions for welifield conditional use permits, appeals from adverse.administrative determinations, and revisions and modifications to any of the same, shall be posted in the office of the county manager, the department and shall be on file with the clerk to the board. 10.02.00 APPLICATION REQUIREMENTS 10.02.01 Pre-Application Conference Required' • A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary subdivision plat, an • applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County LDC10:3 COLLIER COUNTY LAND DEVELOPMENT CODE ' 10.02.01 Manager or his designee to review..informally a proposed development and determine the l r most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. • a. Preapplication.A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary subdivision plat.The written application shall contain the following: i. Written statement Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed development of the entire subdivision. This statement shall include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities,general soil characteristics,and other information describing the subdivision proposed,such as number of parcels,lots,or tracts;typical lot or other parcel configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary subdivision plat. Ii. Plan.Ten copies, unless otherwise specified by the County Manager or his designee, of a plan including the following: a location plan showing the location of the land to be subdivided;approximate acreage; natural features such as native habitat identified by vegetative cover and depicted in aerial �. imagery; low or swampy areas; water bodies, streams, lakes, canals or the like; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of owner and developer and its representatives; date; north point; street; general lot and block layout; layout of all adjoining streets; zoning classification of the property proposed for subdivision and adjacent properties; location of existing improvements; and any other significant features. iii. Aerial photograph with overlay. Current aerial photograph of not less than one to 200 scale, with clear film overlay with proposed subdivision configuration superimposed upon It. In the rural,less populated areas of the county,a minimum scale of one to 400 will be acceptable,upon request to the development service director,if the one to 200 scale is not readily available. b. Issues of discussion.Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: i. Proposed development.The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; protection of environmentally sensitive areas; proposed off-street parking and internal '. traffic circulation;and total ground coverage of paved areas and structures. LDC10:4 . fX COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project, Implementa- tion 21meline #of Phases Phase Timelines 18 months 1 18 months 30 months - 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within • an approved park, otherwise the code enforcement action will•proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) /10.02.06 Submittal Requirements for Permits Q: Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development,including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said - development order or building permit will result in a reduction in the level of service for any Supp. No. 1 LDC10:82.2 cam' APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2.. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ' ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. ✓B. Building Permits. fl. 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 ss �. County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit All applications for building or land alteration permits shall, in addition to containing the information required by the Supp.No.1 LDC10:82.3 • APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.08 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 properly prohibited prior to issuance of building permit.No site work, removal of protected vegetation,grading,improvement of•property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development ,.� Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site • development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and 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. 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). • �. 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 • • andreceive a building permit in accordance with Resolution No. 81-642,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` " 'era i 0 �., • t OCT S* i w RECEIVED v ORDINANCE NO.200458 ca ORDINANCE ESTABLISHING A PROPERTY "cam Vv MAINTENANCE CODE FOR THE UNINCORPORATED AREA 4e.ezez.IZoZ6‘' OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES;PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL • STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING r-r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r-" t:.; • REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ?:_, h THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING 4•>=, r‘..)FOR A NOTICE OF HEARING FOR REVOCATION OF c� = c�BOARDING RENEWAL CERTIFICATE; REPEALING _:-; ? NI COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- r',• 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL �y ry CONSTRUCTION; PROVIDING FOR INCLUSION IN THE y°ri — 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, of other calamities,and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general • neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and • •"•• WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 9 z 49. WEATHERTIGHT — able to exclude wind and rain under typical local weather conditions. 50. YARD — an open, unoccupied space on the same lot with a building, structure or dwelling. 51. ZONING ORDINANCE—the Comprehensive Zoning Ordinance(or Land Development Code)for unincorporated Collier County,as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code,unless otherwise stated in this ordinance,the following rules of construction shall apply: I. The word"shall"is always mandatory and not discretionary and the word"may"is permissive. 2. Words used in the present tense shall include the plural future;and words used in the singular shall include the plural and the plural singular,unless the context clearly indicates the contrary;use of the masculine gender shall include the feminine gender. The word"includes"shall not limit a term to the specific example but is intended to • . extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words"structure","building","dwelling unit",or"premises"are used in this Ordinance,they shall be construed as though they were followed by the words"or any parts thereof'. /SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS All dwelling units whether occupied or unoccupied,shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED—Every dwelling unit shall contain not less than one(1)kitchen sink with counter work space,one(1)lavatory basin,one(1)tub or shower,and one(1) commode,all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department,as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition,free from defects,leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit,and be accessible to the occupants of the dwelling unit. The commode,tub or shower,and lavatory basin shall be located in a room affording privacy to the user. 2. ROT AND COLD WATER SUPPLY—Every dwelling,or dwelling unit,shall have connections to the kitchen sink,lavatory basin,tub or shower,and an adequate supply of both hot and cold water,all in good working condition. All connections shall be supplied through an approved pipe• distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES—Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink,lavatory basin,and bathtub or shower,at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES—Every dwelling unit shall be equipped with heating • equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of • 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical 7 9n heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT—every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building,Gas,and Electrical Codes,and shall be operable and maintained in a safe,working condition. 6. GARBAGE DISPOSAL FACILITIES—Every-dwelling unit shall have adequate • garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION—Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM—Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS—Every dwelling unit shall be wired for electric lights and convenience outlets,all in good working condition. Every room shall contain at least one wall- type electrical convenience outlet as specified in the provisions of the Electrical Code,in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS-Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. I I. ELECTRICAL SYSTEMS—All fixtures,convenience receptacles,equipment and wiring of a dwelling unit found in violation shall be installed,maintained,and connected to a source of electrical power in accordance with the provisions of the Electrical Code,in effect at the time of violation. • 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS—all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDA77ON—The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS—The exterior walls shall he maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof,and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as:cornices,belt courses,corbels,trim,wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS—Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS—Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space.•A second means of escape or egress may be required in accordance with the Building Code as amended by Collier • County. e. AMC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS,PORCHES,AND APPURTENANCES—Every inside and outside stairway,stair,porch,and any appurtenance thereto,shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon,and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS—Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS—Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS—Every window,exterior door,shall be properly fitted within its frame,provided with lockable hardware,and shall be weather-tight and weatherproof,and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window • hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such,unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening,blocking the opening with concrete blocks and stuccoing the exterior,utilization of an authorized building material and finishing the exterior with like material of the original exterior surface,or boarding the opening. When boarding is used,it shall be trim fit,sealed to prevent water intrusion,and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months,unless an extension is granted by Code Enforcement Special Master. j. WINDOW SASH—Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE—Every door shall be provided with proper hardware and maintained in good condition. 1. SCREENS- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT-All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. ACCESSORY STRUCTURE—All accessory structures shall be maintained and• kept in good repair and sound structural condition. o. INTERIOR DOORS—Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR, WALLS AND CEILING—Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. r� • 9 _9D • • q. STRUCTURAL SUPPORTS—Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable • • of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS—Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD,DWELLINGS—Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant,not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the • Building Code. 14. MINIMUM CEILING HEIGHT—Habitable space other than kitchens,storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the building code at the time of construction. • 15. POOL MAINTENANCE,PRIVATE—all swimming pools,spas and architectural pools, ponds'orother decorative bodies of water,not otherwise regulated by the Health Department,shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance,including but not limited to,free of mold.litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION=no space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity(i.e.:game room)and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES—all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete,crushed stone,asphalt,or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES—All boathouses within the unincorporated County must be maintained so as to prevent decay,as characterized by holes,breaks,rot,rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements,decay or rust. 19. SANITATION REQUIREMENTS— a. All public or shared areas,and habitable rooms of any dwelling unit,structure, accessory structure,or building shall be kept in a clean and sanitary condition by the occupant or owner,in accordance with Health Department standards. b. Nothing shall be placed,constructed,or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings,structures,accessory structures(including private swimming pools),dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit,building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS—All dwelling units shall he equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors,battery operated smoke detectors are recommended for installation. All rental units shall have • smoke detectors that meet the Residential Landlord and Tenant Act. • • • 10 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 ofreal 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: • f. Nonresidential Structures: • a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. • b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. C. 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 • 70'28 4 + ORDINANCE NO.2005- 44 n `e7 AN ORDINANCE WHICH REGULATES AND CONTROLS • �' a LITTER, WEEDS, AND EXOTICS WITHIN THE 'A • VANS ua • UNINCORPORATED AREA OF COLLIER COUNTY, • 4r • PROVIDING PURPOSE AND INTENT; TITLE; ��Qo APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER .1$II CI • TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATING_ THE STORAGE OF LITTER (AND CHANGES RELATED 1I:. CONSTRUCTION SITE CONTAINMENT OF LITTEII);. r rn REGULATING WASTE MATERIALS MANAGEMENT (ANIi ,•_, CONTAINMENT PIT AREAS TO CONFORM TO DEP. -D STANDARDS); DECLARING WEEDS AND EXOTICS TO BE;A:;_, PUBLIC NUISANCE(AND REGULATING THE CONTROL O . - a WEEDS AND EXOTICS); PROVIDING FOR EXEMPTION42'_'; c. PROVIDING FOR (T#IE ABATEMENT OF NUISANCES ANI . NOTICE OF VIOLATION FOR`.THE ABATEMENT OF THIi- PUBLIC NUISANCE;, PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDINb FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas,if unsupervised or unmanaged; and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and. WHEREAS,the Board of County Commissioners has determined that pursuant to existing case Iaw, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of the motor vehicle shall be deemed in violation of this Ordinance. /SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. /SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property onrany public i5r private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawiFul to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter I. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated,at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 133. 2674794 OR: 2709 PG: 1592 MORBID to O[1ICIBL !!CORDS cf COLLIER COUNT!, IL 00111!2000 6t 10:1SAB DWIGHT I. BROCK. CLIRR mi.Document Prepared Sy sad Return to: SIC [11 10.50 DAVID L. OLMSTED DOC-.70 .70 OIaMSTIiD C WILSON, P.A. Rer �., 10501 Murdock Circle, Suite 101 Port Charlotte, PL 33940 OLKSTID i WILSON 10501 BURDOCK Cl 8101 • Parcel ID Number: See below IT CIIRLOTTI PI 31011 Gnaw ei TIN titmice 12 TIN Warranty Deed This Indenture, Made this o day of J / , 2000 AD.. Between ALBERT HOUSTON, SR., as President of HOUSTON UNLIMITED, INC., A Florida corporation of the Caawy of Collier Sate of Florida .grantor. sal ALBERT HOUSTON, SR. ..hare addle..e• P. O. Box 7294, Naples, FL 34101-7294 ..r the t•a..nty or Collier state or Florida ,grantee. W itnesaeth that the(MRANI Olt,for and to consideration of the sum of TEN DOLLARS ($10) DOLLARS. and other good and %oluahk consideration to GRANTOR in band paid by L1RANTEF the ntictpt whelp i'a bateby ac►noulyd$at, h•n granted,barpined and sold to the said GRANTEE:and GRANTEE'S heirs,successots and assigns !ureter,the following descnbed hand,situate, %ylas sod Wm;intbet'ountyuf Collier stag of Florida wwH , Parcel ID No. 66930160009 \ R C�V • Lot 5, PINE GROVE SUBDI �s1 ,�aai subdiv according to the Plat • thereof as recorded in - '!f1' SOOk 2, Page •' - the Public Records of Collier County, Flori• . Parcel ID No. 6693021101 : Lot 6, FINE (TROVE 3a =DI ZO i• cc-rdinq to the Plat • thereof as recorded 33� hs Public Records of Collier County, Flori- Parcel ID No. 25631120, .. � Lo t 6, Sloek 9, CARSON'S �, y - s, as per plat thereof recorded in Plat Book 1, Pa- •a•lic Records of Collier County, Florida. • Parcel ID No. 25631200005 Tract One Lots 8 a 9, Block 9, CARSON'S ADDITION in I2ttmokalee, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT the East 57.44 feet of the North 100 feet of the South 130 feet of the West 87.44 feet of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 478, Range 29 East, Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for the past, current and subsequent years. rte, The above-captioned property constitutes all or substantially all of the property and assets of Grantor's corporation, and authorisation for the conveyance of same was given by a majority of the shareholders. THIS INSTRUMENT PREPARED WITHOUT BENEFIT OF TITLE SEARCH and the junto. does hereby fully warrant she tide to said land. and will defend the same asuimt tan fug :taims of all pers...% nh.n,n...•.er Ir O.r...4 w c Diode Loma 4.100.malt tu.flff Far..FL WWI ji. Warranty Deed .page 2 ' >tt# OR; 2709 PG; 1593 *** Parcel ID Member: Elsa below In Witness Whereof, the Grantor has hereon set its 6artd aml seal the day awl year runt,hone s,nUen Sign . led afnd delivered In our presence: HOUSTON UNLIMITED, INC., A FLORIDA . . /1 ( / BTCORP0 0 —�/ �f+ C A (tiral) Pri. ,t i tr ALBERT HOUSTON, rRREESSIDEENNT F�1 ) P.o Ada.e.s. P. 0. Box 7294\t ( NAPLES, FL 34101-7294 —'..i 1 Ida lave Dancer' Witness i STATE OF Florida COUNTY OF LA4 c A_tu tie --- The foregoing utclnune)u war acknowledged before me UM 31 it' day of J v-. , / t 2000 M ALBERT HOUSTON, SR., President of HOUSTON UNLIMITED, (INC., A Florida corporation %I.i.personally known to me or aho has produced '•.\` J.identification \ r __Z. •Printed I _ Rat}- ry`il lie . A JA !SPENCER ,., ,c• • - 0 CC 640381 25 !001 !1 �.v'�'T� • .0111111 ,------ c..) (1:-.0 7'4, G� CIE C13 BO06TOU Lary sour,br c noae Sums it.tau 110.11/0 SW tan awn: (35. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-63 DEPT NO. 2006070938 ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Albert Houston Sr. , 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 2007-63, dated the 26th. day of July, 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 July 26, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 24' +/- X 32' +/- wood frame residential structure having been placed/ stored on a 'VR" zoned lot in Collier Co. without a valid Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 513.21 incurred in the prosecution of this case. 2) Abate all violations by: Respondent must complete a 24' +/- X 32' +/- wood frame structure, currently located upon lot-6, block-9, Carson's Add. Subd., lmmokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining an active Collier Co. Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 204 So. 4m. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit to complete the abandoned project in question ( reference expired permit no. 960015130), respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. S1-c_ Respondent Michelle Arnold, Director Code Enforcement Department Gt N 7/ 2 ()7 .47 Date Date REV 2/23/07 post94 ep(b CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-63 vs. ALBERT HOUSTON,Sr. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Albert Houston,Sr. 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 204 So.4'h Street, Immokalee, Florida, Folio 2563112004 more particularly described as(see attached legal)of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00,sub. sec. 2.02.02-B and sub. sec. 2.02.03, section 2.03.00,sub. sec. 2.03.01-H, section 8.08.00, B and E-4,section 9.03.00,sub. sec.9.03.01-D,section 10.02.00,sub. Sec. 10.02.06- B I a through le ; Collier County Ordinance 2004-58,The Property Maintenance Code,sec. 6,par's 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12a-d, f-m,and o-q,par's 17, 19,and 20,sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance,sections 7 and 8 in the following particulars: Existence of a 24' +/-x 32' +/-wood frame structure having been placed/stored on a"VR"zoned lot in Collier County without a Collier Co.building permit,without having received required Collier County inspections, without a Certificate of Occupancy, left abandoned,unattended and in a state of deterioration. Not to Collier County Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,, section 1.040.00, sub. sec. 1.04.01 A and B,section 2.02.00,sub. sec.2.02.02-B and sub. sec.2.02.03,section 2.03.00,sub. sec. 2.03.01-H, section 8.08.00,B and E-4,section 9.03.00,sub. sec. 9.03.01-D,section 10.02.00, sub. Sec. 10.02.06-B 1 a through le; Collier County Ordinance 2004-58,The Property Maintenance Code, sec. 6, par's 1,2,3,4,5,6,7, 8,9, 10, 11, 12a-d,f-m,and o-q,par's 17, 19,and 20,sections 15 and 16;Collier County Ordinance 2005-44,The Litter, Weed and Exotics Control Ordinance,sections 7 and 8 be corrected in the following manner: 1. By completing a 24+/-x 32+/-wood frame structure,currently located upon Lot 6, Block 9, Carson's Add. Sub., Immokalee, Fla.so as to comply with all Collier County Housing/Maintenance and Land Development Code(permit)requirements,by obtaining an active Collier Co., Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 204 So. 4111 Street, Immokalee, FL,dated 10/06/06,by August 27,2007. 2. If Respondent elects to obtain a Building Permit to complete the abandoned project in question (reference expired permit no. 960015130), Respondent must execute said permit through to final inspection and obtain a Certificate of Occupancy by December 27,2007. 3. If Respondent elects to obtain a Demolition Permit, Respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal,restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and Regulations by November 30,2007. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 27, 2007,then there will be a fine of$50 per day for each day the violation continues. 5. That if the Respondent elects and does not comply with paragraph 2 of the Order of the Board by December 27,2007,then there will be a fine of$50 per day for each day the violation continues. 6. That if the Respondent elects and does not comply with paragraph 3 of the Order of the Board by November 30,2007,then there will be a fine of$50 per day for each day the violation continues. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform a reinspection of all premises in question within 24 hours of abatement. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$513.21 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this it day of_�� J , 2007 at Collier County, Florida. / CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA / --1,/ BY4ez4, ( 1 Gerald Lefeb e,Vice Ch ai i 4taTe 01 F�UkluA 2800 North orseshoe Drive .ounty of COLLIER Naples,Florida 34104 • I HEREBY_CERTIFY THAT this Is a true and correct cepy of a acct°,-°,,nt on,file in 'Board=Minut .c ri ' : .f Collier County wrr ESS my t: -,i i seal this • 13r, day of OW T E. 131160K, RK OF COURTS gi$,T d#. ' VA o.C, '✓ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this`)C day of, (-) 2007, by Gerald Lefebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or K who has prod ed Fl ilia Driver's License as identification. 7 Karrit.HaN NOT R PUBLI pay Commission D0287808 My commission expires: eka„di Expires March 30,2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of i ORDER been ent by U. S. Mail to Albert Houston, Sr., P. O. Box 5310, Immokalee, FL 34143 this day of ,2007. e.4(.7,7 -62 M.Jean Raw ,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-63 DEPT NO. 2006070938 ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Albert Houston Sr. , 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 2007-63, dated the 26th. day of July, 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 July 26, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 24' +/- X 32' +/- wood frame residential structure having been placed/ stored on a "VR" zoned lot in Collier Co. without a valid Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 513.21 incurred in the prosecution of this case. 3 2) Abate all violations by: Respondent must complete a 24' +/- X 32' +/- wood frame structure, currently located upon lot-6, block-9, Carson's Add. Subd., Immokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining an active Collier Co. Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 204 So. 4t. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit to complete the abandoned project in question ( reference expired permit no. 960015130), respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. /. Respon•ent Michelle Arnold, Director Code Enforcement Department Date Date REV 2/23/07 • 2614194 OR: 2709 PG: 1592 • IRCORDDD :a ORICIAL IICOIDS CI COLLIBI COUNTY, IL 01;1112000 it 10:1SAN DWIGHT I. BIM. CURL This noeumen,Prepared By and Return to: NC !II 1030 DAVID R. OLMSTED OLMSTED 6 NILSON, P.A. DOC-.?6 ?0 111501 Murdock Circle, Butte 101 Beta: Bert Charlotte, FL 33949 O.HSTID i WILSON 11501 MURDOCK CD *101 • Parcel ID Slumber: Bee below "T CRARLOTTI !1 3I91i Gnaw el TIN Grantee 02 TIN. Warranty Deed This Indenture, Made this a 1 day of , ..L. // , 2000 A.D.. Between ALBERT HOUSTON, SR., as President of HOUSTON UNLIMITED, INC., A. Florida corporation or the County of Collier , sew or Florida .grantor. and ALBERT HOUSTON, SR. ..I....e akin".«• P. O. Box 7294, Naples, FL 34101-7294 of.s.l•....nty ..r Collier state of Florida .grantee. W itnesseth that the IiltArfl t)R.for and in consideration or the aunt or TEN DOLLARS ($10) DOLLARS. and other stood and valuable cunsidcntiun to GRANTOR in band paid by t.)RANTI:E, to mewl whew,'is horrb) ce►twwirdsol, lus Irantrd,bargained and soh)to the said GRANTEE and GRANTEE'S hots,succasois and assips Comer,thr tulIuwn5 drornbed laud,slowly, Iytnl and bona in the County of Collier state or Florida lo wit Parcel ID No. 66930160009 1�1$R COU Lot 5, PINE GROVE SUBDIV .t. , a subdiv according to the Plat • thereof as recorded in Hook 2, Page - the Public Records of Collier County, Flori- . Parcel ID No. 6693021101 . Lot 6, PINE GROVE S0 =DI :TO •-t, cc-rdin t thereof as record _,t.7. g o the Plat ad d� - he Public Rscorde of Collier County, Flori- Parcel ID No. 25631120cl l)9 Lot 6, Block 9, CARSON'S �. 4 1.• • ....".'. ee, as per plat thereof recorded in Plat Book 1, Pa- c ••1-lic Records of Collier County, Florida. Parcel ID No. 25631200005 Tract One Lots S a 9, Block 9, CARSON'S ADDITION in I2tmlokalee, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT the East 57.44 feet of the North 100 feet of the South 130 feet of the west 87.44 feet of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 47S, Range 29 East, Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for the past, current and subsequent years. The above-captioned property constitutes all or substantially all of the property and *meets of Grantor's corporation, and authorisation for the conveyance of same was given by a majority of the shareholders. THIS INSTRUMENT PREPARED WITHOUT BENEFIT OF TITLE SEARCH and the a,a.aor does hereby fully warrant the tide to said load, and will defend the tame again.. tau ful .•iaim. ..r all pe.00s alum.....,er tar" owl kw a 4o*h—4.1...Mil I.,.loll Faro IL WWI r 3 . Warranty Deed •Pate 2 • *** OR; 2709 PG; 1593 *** •Parcel ID Number: Bee below In Witness Whereof, live maim hu banner sat its hand and real the day and year lint alone %nitro Sign •) led up delivered In our presence: HOUSTON UNLIMITED, INC., A FLORIDA CORPOORATI ON � &/ BY C/1,TI�e fie•—•- IJeal) Pri• , - Ott, ALBERT HOUSTON, SR., PRESIDENT i ei P.o A,wb..: P. 0. BOX 7294 (� NAPLES, FL 34101-7294 witness r ,.; STATE OF Florida COUNTY OF L44c.kL tie me foreeumi utcnumem Inc iekrowledped before me WI d- It` thy or J L' I Th f 1200D 11 ALBERT HOUSTON, SR., President of HOUSTON UNLIMITED, rINC., A Florida corporation {/ %Mo is personally known W me ur%Iw ha,prujuced ` •\ a.rdenttlica4m -Printed' 1 c • ZER W. ,.p O, 11 SPENCER . ` •O Cf' . i• .. . •COOK. C) red • O • C. TAE CIR MOUTON Law Grown by C Dap*Syria It Au pelt 7t)3333 Farm nwo.: 36. 96S CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-63 vs. ALBERT HOUSTON,Sr. Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 26,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 30,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4265,PG 1055, et. seq. on August 2,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on September 20,2007 and January 29,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated April 30,2007, it is hereby ORDERED,that the Respondent,Albert Houston,Sr.,pay to Collier County fines in the amount of$9,150 for the period of August 28,2007 through February 27,2008(183 days)at a rate of$50 per day(Order Item#4), plus$3,050 for the period of December 28,2007 through February 2,2008 (61 days)at a rate of$50 per day(Order Item#5),plus$513.21 for the operational costs incurred in the prosecution of this case for a total of$12,713.21. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this day ofmath,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F .'• DA BY.*-4 - • . Gerald LeFebvr;,Chair 2800 North H,.seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this'" day of (flaxc} ,2008,by Gerald LeFebvre,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.identi fic atiio n. • VwcLtLrru -L " 15 gi•' +" c KRISTINE HOLTON NOTARY PUBLIC,., ,,, MY COMMISSION#DD 686595 My commission expires: s: ;�� EXPIRES:June 18,2011 tji t` Bonded Than Notary PIA*Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Albert Houston,Sr., P. O. Box 5310,Immokalee,FL 34143 this Li 4.4' day of fYlar C,ii ,2008. 777.1 nt.i_a 1 _..__a..vt,.x.r...i N1011 son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 tare of F LURIUA (239)263-8206 :ounry of COLLIER I HEREBY CERTIFY T'HATthis Is a true an :orrect copytot.a c000ppit a file In :lard Mims, i an 1 ccorfs off_ o;lier Coq* NIT EsS=re i hanp.was officio-, cal this I dfl r". r Meat, il ' Esy 4 E. pecta. q F COURTS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Albert Houston SR., Respondent(s) CEB No. 2007-64 DEPT No. 2006070939 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 � 2 Notice of Violation Copy of Applicable Ordinance 3-8 Deed 9-33 34-35 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Case: CEB 2007-64 Dept. Case No. 2006070939 Plaintiff, vs. ALBERT HOUSTON SR, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: Lot 6.1 (east half) Block-9, Carson's Add. Subd., of Collier Co. record a/k/a 208 So. 4th. St. Immokalee FL. ^ SERVED: Albert Houston SR, Respondent Dennis Mazzone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs.ALBERT HOUSTON SR.,Respondent CEB CASE NO.2007-64 DEPT.CASE 2006070939 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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)No.04-41,The Collier County Land Development Code, as amended, Sec. 1.04.00,sub sec. 1.04.01,A and B,Sec.2.02.00,sub sec.2.02.02-B and sub sec.2.02.03, Sec. 2.03.00,sub sec.2.03.01-H,Sec. 8.08.00,B and E-4, Sec. 9.03.00,sub sec.9.03.01-D,Sec. 10.02.00, sub sec. 10.02.06-B 1 a thru. 1 e. 1-A)Violation of Ordinance No.2004-58,The property maintenance Code, Sec.6,par's. 1,2,3,4,5, 6, 7,8,9, 10, 11, 12-a thru.d,f thru m,and o thru. q,par's. 17, 19,and 20, Sec. 15 and Sec. 16. 1-B)Violation of Ordinance No.2005-44,The litter,weed and exotics control ordinance, Sec. 7 and Sec. 8. 2. Description of Violation: Existence of a 10'+/-x 46'+/-Mobile Home type structure having been placed/stored on a"VII"zoned lot in Collier Co.without a Collier Co.Building Permit,without having received required Collier Co. inspections,without a Certificate of Occupancy,left abandoned,unattended and in a state of deterioration.Not to Collier Co.Code. 3. Location/address where violation exists: Lot 6.1, (east half) Block-9, Carson's Add. Subd., of Collier Co.record,a/k/a 208 So.46. St.Immokalee,Fla. 4. Name and address of owner/person in charge of violation location:ALBERT HOUSTON SR. 5. Date violation first observed: July 21,2006. 6. Date owner/person in charge given Notice of Violation: Nov. 17,2006. 7. Date on/by which violation to be corrected: March 18,2007. 8. Date of re-inspection:March 19,2007. 9. Results of Re-inspection: Violation(s)remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 6'h..day of June, 2007 STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 6t'. day of June ,2007, by DENNIS MAZZONE, Collier Coun Code Enforcement Invest. d'27 (Si:nature of Notary • .lic) 4 (Print/Type/Stamp Commissioned Personally Imo of Notary Public) Y or produced identification Type of identifica'on produced 1:07'117 ITL1 .,-S,M 3 i?.7, ,1 ` REV 3-3-05 1Yfl�T 2910 .:�i�DliDT1i��l 6Tw f( s I fl1'(.C.(, .iie COLLIER COUNTY,FLORIDA ,---%. NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO:ALBERT HOUSTON SR(OWNER) ORDER TO CORRECT VIOLATION(S): P.O.BOX 5310 YOU ARE DIRECTED BY THIS NOTICE TO TAKE IMMOKALEE,FLA.34143-5310 . THE FOLLOWING CORRECTIVE ACTION(S) LOCATION OF VIOLATION(LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST."VR" Must maintain a 24' +/- x 32' +/- wood frame residential SEC:4,TWN.47,RNG.29, SUBD.CARSONS ADD.SUBD., structure located on lot-6, block-9, Carsons Add. Subd., PLAT BOOK 2709, PAGE 1592, BLOCK-9, LOTS 6 and 6.1, PROPERTY ID NO'S. 25631120004 and 25631120101, Immokalee, Fla. and a 10' 1 46'. Mobile Home type respective iy,of Collier Co.record structure, currently located on lot-6.1, block-9, Carsons A.K.A.204 so.4"'.St.and 208 so. 4m. St, respectively,Immokalee, Add. Subd., Immokalee, Fla, so as to comply with all Fla.(LOT-6 was split in March of 2001,resulting in current LOT'S 6 Collier Co. Housing/Maintenance and Land Development and 6.1,each currently measuring 75'x 95') Code requirements. (Refer to Collier Co. Residential NOTICE Property Maint.Inspection Reports for 204 and 208 so. 46 PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD St.Immok.Fla. dated 10/06/06,attached) (C E B)ORD#05-55 and 97-35,AS AMENDED,YOU ARE NOTIFIED All same maintenance and rehabilitation must be THAT THE FOLLOWING VIOLATION(S)EXIST. ORD. NO. 04-41, as amended, codified as the Land Development Code, completed within 120 days after receipt of this notice. (LDC) Must obtain a current/active Collier Co. Building Permit SEC.1.04.00,applicability for all current maintenance and rehabilitation to the above SUB SEC.1.04.01,general,par's.A and B noted structures on lot-6 and lot 6.1 within 30 days after SEC.2.02.00,estab,of zoning dist's. SUB SEC.2.02.02,dirt Nomenclature,par.-B,residential dist's. receipt of this notice. ( reference EXPIRED permit No. SUB SEC.2.02.03,prohibited use 960015130) Must execute all same permits through to final SEC.2.03.00,zoning dist's. inspection and a Certificate of Completion within 90 days SUB SEC.2.03.01,residential zoning disc's.,par.-H,village residential dist. after receipt of this notice. ,....SEC. edur8.008.00, code enforcement board, par.- B, violation and par:-E-4, Or, must remove the aforementioned abandoned SEC.9.03.00,nonconformities /unattended structure(s) and all related debris, restoring SUB SEC.9.03.01,generally,par.-D,use all said premises to a state of compliance with all Collier SEC.10.02.00,application requirements Co. Housing Maintenance and Land Development Codes SUB SEC. 10.02.06,submittal requirements for permits,par's.B-la thru.1-e and regulations within 90 days after receipt of this notice. ALSO:ORD.NO.2004-58 SEC.6,compliance with housing standards,par's.1 thru.20 (see attached maintenance report) PENALTIES MAY BE IMPOSED: Failure to correct the SEC.15,maintenance responsibility violations on or before the date specified above will result in, 1)the SEC.16,owners responsibilities/vacant structures filing of an affidavit of violation with the Collier County Code ALSO;ORD.NO.2005-44 Enforcement Board,"C.E.B.", or Special Master S.M. charging you SEC.7,unauthorized accumulation of litter with the violationcs)as described on this form.You will/have receive SEC.8,abandoned property/prohibited (d)notification that a hearing will be held which you and/or a legal DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). representative may attend. Failure to appear may result in the Board /S.M.proceeding and making a determination in your absence. If the Existence of a 24'+/-x 32'+/-wood frame single family structure, Code Enforcement Board or Special Master finds a violation exists, originally having been"TEMPORARILY"placed/stored on lot-6, a maximum fine of$1,000.00 per day in the case of a first violation, Block-9,Carsons Addition Subd.,of Collier Co.record. a maximum fine of$5,000.00 per day for a repeat violation and a (Lot-6 was a single lot measuring 75'x 190'at the time the above maximum fine of$15,000.00 per violation in the event there is a mentioned structure was placed on it) finding that the violation is of an irreparable or irreversible nature. Also:the existence of a 10'x 46'Mobile Home type structure having The Fines may be imposed on a per day basis for eac day each been placed/stored on the same original lot-6,resulting in both violation exists. Costs of prosecution and/or re structures existing on a residential lot as stored inventory without assessed against you for any violation. p may also be Collier Co.approval,without Collier Co.Building SERVED BY : CERT. MAIL , Permits/inspection.Both structures left unoccupied, unattended and PERSONAL in a continuous state of deterioration. SERVICE (Please see attached Collier Co.Residential Property Maint Reports) I ,HEREBY acknowledge I INQUIRIES AND COMMENTS SHOULD BE DIREeIED TO have received,rea and .. rstand this notice of violation CODE ENFORCEMENT INVESTIGATOR DENNIS MAZZONE �" ' 1Gr--i,? " —Z X00 No.Horseshoe Dr.Naples,FL 34104 Sign and itle of" -cipient 1)403-2447 FAX:(941)403-2343 .4.L acP-'r HoUSrniV £. . Print (. . ■Investigator's Signatur .iti't��L: r144-1-)?-�yr,� DATED f S ' DAY OF 1�G V VIOLATION STATUS: INITIAL X �l ,2006 REF: CASE NO.200607093R and 2nn#n7no2o Goiter Caunty COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report/Order to Correct Ordinance 2004-58, Section 6 Location: 208 SO. 4th. ST. IMMOKALEE, FLA. Date: 10/06/06 Case# 2006070939 Investigator DENNIS MAZZONE z cet ..q 0 Description w Corrective Action Required o w' Z A U 1. Sanitary Facilities: AuL VtoLA-rionS MvhST tar A13ATEA. Kitchen Sink with counter workspace n ptzo PGR,.r.i N (u Es.r-,oi . tv►-t s r One(1)lavatory basin properly connected = ® coy Aphi w I V 14 �. G(›LL i t;i2. Co • to water and wastewater }-1o�,�S tr PAA tn4-c-Ei-1 anic �,f-c p One 1)tub or shower properly connected _ 1)EV�Loprr� r co to water and wastewater n // i((u t Rte t,n. ri \Alttz.i-jam J 2-0 t 4,y,3 One(1) commode properly connected to n F'r a tz Re"c51 IN r ©F-74 4S Fe R.T water and wastewater 2. Hot and Cold Water Supply Adequate hot and cold water supply to all fixtures n 3. Water Heating Facilities Hot water provided to all required fixtures =' Temperature not less than 120 degrees at all fixtures 4. Heating Facilities Heating equipment providing a temperature of at least 68 degrees U Heating equipment properly installed and connected 5. Cooking Equipment Operable stove or range Operable refrigerator L El Properly installed and maintained in safe condition i. Garbage Disposal Facilities Adequate disposal facilities or storage container for garbage or rubbish n 7. ht and Ventilation Meets minimum size and access requirements of the Building Code (1203.1-1.6) n rnn&rty Maintenanne/frrder to Cnrrert Rev /11/05 /�. o Description w Corrective Action Required o W O �'. s el 0 One or more windows for each habitable room ri 8. Bathroom Window or skylight I I Mechanical ventilation 9. Electric Lights and Outlet Electric provided to dwelling unit Required outlets provided(1 per room) U All lights and outlets properly installed and in good working condition n 10. Light in Public Halls and Stairways Three(3) or more units: adequately lighted at all times -Lighting in place n El Less than three (3)units: conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided- Lighting in place n 11,.4lectrical Systems All fixtures, equipment,receptacles and wiring maintained and installed pursuant to the Electrical Code DI 12. Exterior and Interior of Structure a. Foundation Building foundation and other structural elements maintained in safe manner and capable of supporting load n b. Exterior Walls Free of holes, breaks, loose or rotting material n Substantially weather tight, waterproof and properly coated I I Decorative features maintained in n good repair I I Graffiti c. Roof Maintained in a safe manner and is water tight n d. Means of Ingress/Egress Safe unobstructed means of ingress/egress n EJ Second means of ingress/egress Ei 'rnn[.rty Majntenanrr/(lrrler to Cnrrert Rev 7/11 ms ^ - ce o Description ` w Corrective Action Required W O 6 A U e. Attic Access to attic within the dwelling unit f. Stairs Maintained in a safe manner g. Protective Guard Railings Protective railing in place l l Maintained in good condition h. Handrails Handrails in place I 1 i. Windows and Doors Lockable,weather-tight, maintained in good repair I I j. Window Sash Properly fitted and weather-tight k. Hardware Doors with proper hardware and — maintained in good condition L Screens Are screens in place (not required with central A/C and heating) I I m. Protective Treatment All exterior surfaces protected by painting or other protective coverings 17 El n. Accessory Structure Accessory structures maintained and = in good repair ri o. Interior Doors Properly fitted within frames n El p. Interior Floor, Walls, and Ceiling Floors and walls in good repair q. Structural Support Structural supports maintained in good repair and capable carrying loads as designed r. Gutters and Downspouts Gutters and downspouts maintained in good repair E n 13. Occupancy Standards,Dwellings Prnnertv Maintenance/Order to(`nrrrrt Rry 7./11/f5 1 of O Description ' w Corrective Action Required o O w A U Number of persons in dwelling More than 4 unrelated persons n Square footage of dwelling sq ft Exceeds 250 SQ ft for 1st person, and 200 sq ft for additional inhabitant ratio 14. Minimum Ceiling Height Meets requirements of Building Code at the time of construction (7 ft current) n n Minimum ceiling height ft 15. Pool Maintenance Pool in place ' n Pool properly maintained so as not to I I create a health or safety hazard n 16. Occupancy of Space Below Flood Elevation Habitable space below flood elevation n 17y4tesidential Parking Facilities Parking area made of improved surface and in good repair C 18. Boat Houses Is there a boathouse Maintained in good repair and surfaces protected from the elements n 19. Sanitation Requirements All areas kept in clean and sanitary condition n Nuisance or fire hazard All structures regularly maintained and free of infestation El Plumbing fixtures maintained in clean and sanitary condition Li El 20. Smoke Detectors Smoke detector in place to meet Building and Fire Code requirements El Within every dwelling and/or dwelling unit: Ceiling or wall mount centrally located in the corridor or area giving access to each group of rooms used for sleeping 'rnne:rtv Maintenance/frrler to C irrert Rev 7/1 1/05 -7 Descri hon w Corrective Action Required o w ° av Dwelling or dwelling units with more than 1 story: Detectors required on each level including basements but excluding attics, and close to stairway leading to floor above _ n Split-level without an intervening door between levels: Detector installed on upper level,provided lower level is less than one full story below upper level n n Overall Comments: The Mobile Home in question has been placed/stored on a split lot in a "VR"zoned district in Collier Co. without prior Collier Co.zoning and planning review,without a Collier Co. Building Permit and related inspections. The structure has been left vacant, unattended and in a constant state of deterioration. Pr -k"rty owner,Mr.Albert Houston Sr.,has been requested,via, Collier Co. Code Enforcement case no. 20t,„J70939,to maintain , or,remove said structure,so as to comply with Collier Co. Housing Maintenance and Land Development Code requirements. inerty Maintenanne/frrier to C:nrrert Rev 7J11/66 ORDINANCE NO.04-41 AN ORDINANCE OF'LEE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR UNINCORPORATED AREA OF COL L.IER COUNTY,FLORIDA,BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED;PROVIDING FOR:SECTION ONE,RECITALS;SECTION TWO,FINDINGS OF FACT; SECTION THREE,RECODIFICATION OF nit 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,LLY,SEC.3.02.00 FLOODPLAIN PROTECTION,SEC.3.03.00 COASTAL ZONE MANAGEMENT,SEC.3.04.00 PROTECTION OF ENDANGERED,THREATENED,OR LISTED SPECIES,SEC.3.05.00 VEGETATION REMOVAL,,PROTECTION,AND PRESERVATION,SEC. • •3.06.00 WET"i FrELD 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 RETENTION,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-INFRASTRUCTURE 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 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION;CHAPTER 9- VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SEC.9.01.00 GENERALLY,SEC. 9.02.00 DEVELOPMENT 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,y,SEC, 10.02.00 APPLICATION REQUIREMENT'S,SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PEITI'IONS 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 PROCEDURES,AND APPENDICES A THROUGH H,INCLUDING A NEW APPENDIX"H" OF CROSS-REFERENCES BETWEEN 111E LDC AND UDC;SECTION FOUR,REPEALER; SECTION FIVE,CONFLICT AND SEVERABILTTY;SECTION SIX,PUBLICATION AS'111E COLLIER R COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN,EFFECTIVE DATES.,. . • COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall° is always mandatory and not discretionary; the word "may° is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. • A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. • H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions,provisions,or events connected by a conjunction°and,""or,""either...or,"the conjunction shall be interpreted as follows: 1. 'And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or"indicates that the connected items, conditions,provisions or events may apply singularly and in any combination. 3. °Either...or°indicates that the connected items,conditions,provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day° shall mean a calendar day. C. The word month shall mean thirty(30) calendar days, unless a calendar month is indicated. D. The word "week' shall be construed to mean seven (7) calendar days. E. The word°year°shall mean 365 calendar days,unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY 1.04.01 Generally • A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 GENERAL PROVISIONS 1.04.04 • Specifically, no building, structure,land or water shall hereafter be developed, or occupied,and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations,as the case may be,and shall apply uniformly to each class or kind of structure,use,land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of,or to subdivide,or to otherwise divide,any land in the total unincorporated area of Collier County,except in strict conformance with the provisions of this LDC and any applicable • provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this.LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any (1)final subdivision plat and final improvement plan,(2)final site development plan,or(3)phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements • A. No part of a required yard, required open space, required off-street parking space, or required • off-street loading space, provided in connection with one building, structure, or use shall be • included as meeting the requirements for any other,structure,or use,except where specific provision is made in this LDC. LDC1:5 COLLIER COUNTY LAND DEVELOPMENT CODE 2.01.03 G. 2.02.01 E, c. Essential services shall not be deemed to include the erection of struc- tures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the • essential service, may be permitted. • (Ord. No. 04-72, § 3.C) 2.01.04 Polling Places Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the supervisor of elections.access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.01 Establishment of Official Zoning Atlas A. The location and boundaries of the zoning districts established in this LDC shall be set forth and shown on the Official Zoning Atlas of Collier County,which is incorporated by reference into this LDC as if fully described and set forth herein.The district symbol or symbols as set forth in this LDC shall be used to designate each district on the Official Zoning Atlas. B. Each page of the Official Zoning Atlas shall be identified by the signature of the chairman of the BCC and attested by the clerk of the circuit court, and shall bear the seal of Collier County under the following words:"This is to certify that this is page of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. of the County of Collier, Florida, adopted , 20 " • C. A copy of the Official Zoning Atlas shall be located at all times for inspection by the general public during regular business hours in the Office of the County Manager or his designee and the clerk to the BCC. D. No changes of any nature shall be made in the Official Zoning Atlas or any matter shown thereon, or in the zoning districts or regulations contained herein, except in conformity with the procedures established in this LDC and consistent with the Collier County GMP. Any unauthorized change of whatever kind by any person shall be considered a violation of this I DC. E. If,pursuant to the terms of this LDC and the applicable Laws of Florida,amendments are made to the districts,boundaries,or other matters portrayed on the Official Zoning Atlas Official Zoning Atlas,such amendments shall be entered on the Official Zoning Atlas by the County Manager or designee within �-� twenty(20)days after amendment. Failure to so enter any such amendments within twenty(20)days shall not affect the validity of any such amendments. However, no amendment to this LDC which involves a matter portrayed on the Official Zoning Atlas shall become effective until such change and entry has been made on the Official Zoning Atlas in the manner herein established. Each amended page of the Official Zoning Atlas shall contain an entry which reads as follows: "On Supp.No.1 LDC2:B ZONING DISTRICTS AND USES 2.02.02 F. Regardless of the existence of purported copies of the Official Zoning Atlas or other parts of this LDC, which from time to time may be made or published,the Official Zoning Atlas located in the office of the clerk shall be the final authority as to the current zoning of all land and water in unincorporated Collier • County;and the LDC located in the office of the clerk to the BCC shall be the final authority as to the various zoning districts and regulations herein established. G. If the Official Zoning Atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes,the BCC may, by ordinance,adopt a new Official Zoning Atlas, or any page or pages thereof, which shall supersede the prior Official Zoning Atlas or page or pages thereof.The new Official Zoning Atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior Official Zoning Atlas, or page or pages thereof, but no such correction shall have the effect of amending the original Official Zoning Atlas, or page or • pages thereof. 1. If, in the process of adopting a replacement Official Zoning Atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this LDC. 2. The Official Zoning Atlas, or portion thereof, shall be authenticated as the original, with wording to the following effect 'This is to certify that this Official Zoning Atlas (or page or pages thereof) by Ordinance No. dated , 20 , replaced the Official Zoning Atlas(or page or pages thereof)adopted , 20 , as part • of Ordinance No. of the County of Collier, Florida.° . 3. Unless the prior Official Zoning Atlas has been lost, or has been totally destroyed,the prior Official Zoning Atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to Its adoption or amendment. H. All zoning maps or atlases, or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for Collier County prior to the effective date of adoption of this zoning code shall be retained as a public record as a guide to the zoning status of lands and waters prior to such date. Upon the date of adoption of this zoning code,the immediately prior official zoning atlas of that date shall be microfilmed and such filmed record retained permanently in a place separate from the original prior official zoning atlas. 2.02.02 District Nomenclature A. Where the phrases °agricultural districts," °zoned agricultural,' °agriculturally zoned," 'agricultural zoning,' °rural zoning' or phraseology of similar intent, are used in,this LDC, the phrases shall be construed to include:A and E. , . B. Where the phrases"all residential districts,' 'residential districts,' °zoned residentially,' "residentially zoned,"or phraseology of similar intent are used in this LDC,the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, and MH, and residential components in PUDs. C. Where the phrases"commercial districts,' "zoned commercially,' 'commercially zoned,' "commercial zoning,' or phraseology of similar intent, are used in this LDC, the phrases shall be constructed to include: C-1, C-2, C-3, C-4, C-5,TTRVC, and commercial components in PUDs. LDC2:9 /2 • COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,'"zoned industrially,''industrially zoned,''industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses • Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses • Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it ' is located under this LDC,then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then It shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS • In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A°.The purpose and intent of the,rural agricultural district"A°is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural,.. agricultural related activities and facilities, support facilities. related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. • The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with. and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element B. Estate District"E'.The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In • addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use • LDC2:10 //. • COLLIER COUNTY LAND DEVELOPMENT CODE • 2.03.01 G. Residential Tourist District "BT°. The purpose and intent of the residential tourist district "RT° is to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. H. Village Residential District "VR°. The purpose and intent of the village residential district "VR" is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile,with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP,though there is some existing VR zoning in the coastal urban area.The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating 'system contained in the future land use element of the Collier County GMP.The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. Mobile home District "MH".The purpose and intent of the mobile home district"MH" is to provide lands for mobile homes and modular built homes as defined in this Land Development LDC, that • ensure that they are consistent and compatible with surrounding land uses.- The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP.The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided,in part,by the density rating system contained in the future land use element of the Collier County GMP.The maximum density permissible_or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element,or as identified in the Immokalee future land use map of the GMP. J. Prohibited animals in residential districts.The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 2.03.02 Commercial Zoning Districts d. Commercial Professional and General Office District°C-16.The purpose and intent of the commercial • professional and general office district C-1 is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial, professional,and general office districts are contiguous to,or when within a PUD,will be placed in close proximity to residential areas, and therefore, serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts.The type's of office uses permitted are.those that do not have high traffic volumes throughout the day, which extend into the evening hours.They will have morning and evening short-term peak conditions.The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted,to provide a convenience to office-based employment.Such LDC2:14 DECISION-MAKING AND ADMINISTRATIVE BODIES 8.07.05 .vice-chairman shall preside in the absence of the chairman.The chairman and vice-chairman may be reelected for an additional one (1) year term each, but may not serve for more than two (2) consecutive years. E. Removal. Prior to the expiration of his or her term, a member of the Preservation Board may be removed from office by a majority vote of the BCC. A member of the Preservation Board shall be automatically removed if he is absent from two(2)consecutive meetings without a satisfactory excuse •or, in the alternative, if he is absent from more than one-fourth of the meetings in a given fiscal year, provided that the Preservation Board has met at least eight(8)times in the given fiscal year.Members shall be deemed absent from a meeting when they are not present during at least seventy-five (75) percent of the meeting. F. Vacancy.The BCC shall fill the vacancy by appointment. • 8.07.04 Compensation Members of the Preservation Board shall serve without compensation. 8.07.05 Meetings A. The Preservation Board shall meet at least once per month, at a date and time to be decided by the Preservation Board, unless there is no business pending before the Preservation Board. Regardless of the lack of pending business, the Preservation Board shall meet at least four(4) times during any calendar year. • B. All meetings of the Preservation Board shall be open to the public. C. A public record of the Preservation Board's minutes and resolutions shall be maintained and made available for inspection by the public. D. The Preservation Board's meeting agenda shall be published the Sunday prior to the scheduled meeting in a newspaper of general paid circulation in the County and of general interest and readership in the community.The ad may be placed where other legal notices appear. 8.08.00 CODE ENFORCEMENT BOARD A. General.The provisions of this Code shall be enforced by(1)the Collier County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69.The county manager shall have the right to inspect those lands, waters, or structures affected by this Code and to issue citations for violations. . • 1. The term `county manager" as used in this Code shall mean the county manager or his designee. • B. Violation. Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of • p any land or water,or on the erection of a structure,a failure to comply with such provisions shall constitute a violation of this Code. LDC8:15 // COLLIER COUNTY LAND DEVELOPMENT CODE 8.07.05 C. Complaints regarding violations. Whenever a violation of this Code occurs, or is alleged to have occurred,any person may file a complaint Such complaint stating fully the causes and basis thereof shall be filed with the county manager.The county manager, or his designee, shall record properly such complaint, investigate, and take action thereon as provided by this Code. He shall maintain as a public record, in his office, the disposition made of the complaint. D. Liability.Any owner,tenant, or occupant of any land or structure, or part thereof, and any architect, •engineer, builder, contractor, or any other agent, or other person, firm, or corporation, either individually or through its agents, employees,or independent contractor, who violates the provisions of this Code,or who participates in,assists,directs,creates,or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance. E. Procedures upon discovery of violations. 1. Upon the determination that any provision of this Code is being violated,the county manager or his designee, before prosecuting said violations before the code enforcement board, shall • send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.Additional written notices may be sent at the county manager's discretion. 2. The written notice shall state the action the county manager intends to take,if the violation is not corrected. 3. Before a violation of any of the provisions of this Code is prosecuted before the code enforcement board, written notice by registered or certified mail, return receipt requested, shall be serviced by the county manager or his designee according to the requirements of Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art. VIII, div. 11]. 4. If the violation is of a nature that it can be corrected by an official zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome of such proceedings;provided that the person(s) responsible for the violation file the appropriate.application forms for official zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an official zoning atlas amendment request or variance request does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the • county manager as set forth above. 5. In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the county manager may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law. F. Criminal penalties and remedies. 1. A person who violates any of the provisions of this Code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the state in the same manner as LDC8:16 /7 COLLIER COUNTY LAND DEVELOPMENT CODE 9.02.10 C.5. 9.03.01 C. f. Whether and to what degree any such diminution of property values has promoted the public health, safety, morals, aesthetics, or general welfare, and was consistent with the county's comprehensive plan; and g. To what extent the public would gain from the intended or challenged development or use compared to any resulting hardship upon the claimant alone. 6. Any relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable, beneficial use of the subject property and may be in the form of alternative uses of additional development intensity which may be severed and transferred, or other such non-monetary relief as is deemed appropriate by the board of county commissioners. Any relief granted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was granted. Subsequent applications under this section may review the expired decision for possible reinstatement, with or without modification as deemed necessary under then existing conditions. D. Appeal of takings claim. Any claimant aggrieved by the final decision of the board of county commissioners may seek judicial review of the board's decision by timely filing an action in a court of competent jurisdiction. (Ord. No. 04-72, § 3.X) 9.03.00 NONCONFORMITIES 9.03.01 Generally A. Intent.Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist lots,structures,uses of land,water and structures,and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these nonconformities to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further the intent of the LDC that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. B. Declaration. Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved.A nonconforming use of a structure,a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises,or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within section 9.03.03 B.4. C. Vested projects.To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans,construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction,or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC,provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, . - whichever shall first occur, if no actual construction has been commenced; and thereafter, all Supp.No.1 LDC9:4.8 VARIATIONS FROM CODE REQUIREMENTS 9.03.01 C. 9.03.02 A. development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased. D. Casual, temporary, or illegal use.The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. E. Uses under conditional use provisions not nonconforming uses.All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district,but shall without further action be deemed to have a conditional use permit. F. Change to conforming use requires future conformity with district regulations. Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. G. Nonconformities not involving the use of a principal structure. Nonconformities not involving the use of a principal structure, including, but not limited to, open storage, building supplies, vehicles, mobile homes,trailers, equipment and machinery storage,junkyard, commercial animal yards and the like, shall be discontinued within one (1) year of the effective date of the LDC or relevant amendment of the LDC. H. Safety of nonconformities. 1. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired,or rebuilt except in conformity with the regulations of the district in which it is located. 2. If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strength- ening or restoring to a safe condition of such building or part thereof declared to be unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the percentage of damage limitations set out in section 9.03.02 F.3., as the case may be, shall apply. (Ord. No. 04-72, § 3.Y) 9.03.02 Requirements for Continuation of Nonconformities Where, at the effective date of adoption or relevant amendment of the LDC, lawful use of lands or waters exists which would not be permitted under the LDC,the use may be continued,so long as it remains otherwise ^ lawful, provided: A. Enlargement, increase, intensification, alteration. No such nonconforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land,structure, or Supp.No. 1 LDC9:4.9 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES. 10.02.01 10.01.00 GENERALLY 10.01.01 Purpose and Intent[Reserved] • • 10.01.02 Development Orders Required[Reserved] 10.01.03 Applicability and Exemptions [Reserved] A. Generally V B. Exemptions . • • 10.01.04 Fees Required V A. Fees and adrinistrative surcharge for wellfield permits. 1. Fees. • • a. The board shall establish, by resolution, an application fee for certificates to operate and wellfield conditional use permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b. It is the intent of this section that the cost of implementation be borne wholly by the regulated development. • • 2. Administrative surcharge. V • a. The board may, by•resolution, impose a surcharge on: V i. Revisions and modifications of certificates to operate and wellfield condi- tional use permits; and II. Appeals from adverse administrative determination. b. The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the .application,petition or appeal and reasonable costs.ft is the intent of this section that such costs are wholly borne by the regulated development 3. Fee schedule. The fee schedule for applications for certificates of operate, petitions for weilfeld conditional use permits, appeals from adverse.administrative determinations,and • . revisions and modifications to any of the same, shall be posted in the office of the county manager, the department and shall be on file with the clerk to the board. 10.02.00 APPLICATION REQUIREMENTS • • 10.02.01 Pre-Application Conference Required' • A. Subdivision review procedures. 1. Preapplication conference. Prior to format filing of a preliminary subdivision plat, an •• . applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County • LDC10:3 070. COLLIER COUNTY LAND DEVELOPMENT CODE ' 10.02.01 Manager or his designee to review_informally a proposed development and determine the f most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. a. Preapplication.A written preapplication shall be submitted to:the County Manager or his designee at any time prior to the review of a proposed preliminary subdivision plat.The written application shall contain the following: 1. Written statement Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed development of the entire subdivision. This statement shall.include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities, general soil characteristics, and other information describing the subdivision proposed,such as number of parcels,lots,or tracts;typical • lot or other parcel configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary subdivision plat. H. Plan. Ten copies, unless otherwise specified by the County Manager or his designee, of a plan including the following: a location plan showing the location of the land to be subdivide d;approximate roximate acreage; natural features •such as native habitat identified by vegetative cover and depicted in aerial t. imagery;low or swampy areas;water bodies, streams, lakes, canals or the like; identification of adjacent lands; a brief description of the land to be subdivided; name, telephone number and address of owner and developer and its representatives; date; north point; street; general lot and block layout; layout of all adjoining streets; zoning classification of the property proposed for subdivision and adjacent properties; location of existing improvements; and any other significant features. M. Aerial photograph with overlay. Current aerial photograph of not less than one to 200 scale, with clear film overlay with proposed subdivision configuration superimposed upon it. In the rural, less populated areas of the county,a Minimum scale of one to 400 will be acceptable,upon request to the development service director,if the one to 200 scale Is not readily available. b. Issues of discussion.Issues that shall be discussed at the preapplication conference shall include but are not limited to the following: 1. • Proposed development.The applicant should describe the general nature of the proposed development, including, if applicable, proposed land uses and their densities; proposed placement of buildings, structures, and other improvements; character and location of common open space or treatment of public uses; preservation of natural features; protection of environmentally sensitive areas; proposed off-street parking and internal traffic circulation;and total ground coverage of paved areas and structures. LDC10:4 _.2/ COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4. 10.02.08 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline #of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase • 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3,BB) 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development,including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended,prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the :submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications..The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a ' development order or building permit if (1) it can be shown that issuance of said ' development order or building permit will result in a reduction in the level of service for any Supp.No. I LDC10:82.2 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- merit 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 j 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 • Sapp.No. 1 LDC10:82.3 ` 2 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. L 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,b.wilding 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 LDC1083 1) i. 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. il. 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 nonresidentiaiiy 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.b1-642,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 as, o� 'O� • ar .. .t - 4 I- OCT 2401 Nw RECEIVED ORDINANCE NO.2004-58 ca 6 ORDINANCE ESTABLISHING A PROPERTY `cam svOi MAINTENANCE CODE FOR THE UNINCORPORATED AREA \retzOZ6\6 OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE"OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL • STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING • FOR NUISANCES; PROVIDING STANDARDS FOR SECURING ,S BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING � r.; • REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING t'J•, n., FOR A NOTICE OF HEARING FOR REVOCATION OF = ° BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- r- rJ 58; PROVIDING FOR PENALTIES; PROVIDINC; FOR LIBERAL ''y ry CONSTRUCTION; PROVIDING FOR INCLUSION. IN THE y°°P.I — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence • or abandonment and which contain defects which increase the hazards of fire, accident, oi- other calamities,and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS,experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general • neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can Le improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and • WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future,_ substandard and further that such conditions, including but not limited to,structural deterioration,lack of • • 1 9/• 49. WEATHERTIGHT — able to exclude wind and rain under typical local weather conditions. 50. YARD — an open, unoccupied space on the same lot with a building, structure or dwelling. 51. ZONING ORDINANCE—the Comprehensive Zoning Ordinance(or Land Development Code)for unincorporated Collier County,as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code,unless otherwise stated in this ordinance,the following rules of construction shall apply: 1. The word"shall"is always mandatory and not discretionary and the word"may"is permissive. 2. Words used in the present tense shall include the plural future;and words used in the singular shall include the plural and the plural singular,unless the context clearly indicates the contrary;use of the masculine gender shall include the feminine gender. • J. The word"includes"shall not limit a term to the specific example but is intended to . extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words"structure","building","dwelling unit",or"premises"are used in this Ordinance,they shall be construed as though they were followed by the words"or any parts thereof'. SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS All dwelling units whether occupied or unoccupied,shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED—Every dwelling unit shall contain not less•than one(1)kitchen sink with counter work space,one(1)lavatory basin,one(1)tub or shower,and one(1) commode,all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department,as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition,free from defects,leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit,and be accessible to the occupants of the dwelling unit. The commode,tub or shower,and lavatory basin shall be located in a room affording privacy to the user. 2. .HOT AND COLD WATER SUPPLY—Every dwelling,or dwelling unit,shall have connections to the kitchen sink,lavatory basin,tub or shower,and an adequate supply of both hot and cold water,all in good working condition. All connections shall be supplied through an approved pipe• distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES—Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink,lavatory basin,and bathtub or shower,at a temperature of not less than 120 degrees • Fahrenheit. 4. HEATING FACILITIES—Every dwelling unit shall be equipped with heating • equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of • 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical 7 heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT—every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building,Gas,and Electrical Codes,and shall be operable and maintained in a safe,working condition. 6. GARBAGE DISPOSAL FACILITIES—Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. • 7. LIGHT AND VENTILATION—Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM—Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS—Every dwelling unit shall be wired for electric lights and convenience outlets,all in good working condition. Every room shall contain at least one wall- type electrical convenience outlet as specified in the provisions of the Electrical Code,in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS-Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. I I. ELECTRICAL SYSTEMS—All fixtures,convenience receptacles,equipment and wiring of a dwelling unit found in violation shall be installed,maintained,and connected to a source of electrical power in accordance with the provisions of the Electrical Code,in effect at the time of violation. • 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS—all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION—The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS—The exterior walls shall he maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as:cornices,belt courses,corbels,trim,wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS—Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS—Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space.•A second means of escape or egress may be required in accordance with the Building Code as amended by Collier • County. • e. ATTIC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. ']'his provision does not require tenant access. f. STAIRS,PORCHES,AND APPURTENANCES—Every inside and outside n . stairway,stair,porch,and any appurtenance thereto,shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon,and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS—Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS—Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS—Every window,exterior door,shall be properly fitted within its frame,provided with lockable hardware,and shall be weather-tight and weatherproof,and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable ofbeing opened easily and secured in a position by window •• hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such,unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening,blocking the opening with concrete blocks and stuccoing the exterior,utilization of an authorized building material and finishing the exterior with like material of the original exterior surface,or boarding the opening. When boarding is used,it shall be trim fit,sealed to prevent water intrusion,and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than I S months.unless an extension is granted by Code Enforcement Special Master. j. WINDOW SASH—Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE—Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. - m PROTECTIVE TREATMENT-All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. ACCESSORY STRUCTURE—All accessory structures shall be maintained and' kept in good repair and sound structural condition. o. INTERIOR DOORS—Every interior door shall be properly fitted within its frame. p. INTERIOR FLOOR. WALLS AND CEILING—Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. • • • 9 • q. STRUCTURAL SUPPORTS—Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS—Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD,DWELLINGS—Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant,not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. • 14. MINIMUM CEILING HEIGHT—Habitable space other than kitchens,storage rooms and laundry rooms shall have a ceiling height allot less then the minimum ceiling height requirements specified in the building code at the time of construction. • 15. POOL MAINTENANCE,PRIVATE—all swimming pools,spas and architectural pools, ponds'orother decorative bodies of water,not otherwise regulated by the Health Department,shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance,including but not limited to,free of mold,litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION-no space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity(i.e.:game room)and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES—all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete,crushed stone,asphalt,or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES—All boathouses within the unincorporated County must be maintained so as to prevent decay,as characterized by holes,breaks,rot,rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements,decay or rust. 19. SANITATION REQUIREMENTS— a. All public or shared areas,and habitable rooms of any dwelling unit,structure, accessory structure,or building shall be kept in a clean and sanitary condition by the occupant or owner,in accordance with Health Department standards. b. Nothing shall be placed,constructed,or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings,structures,accessory structures(including private swimming pools),dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit,building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS—All dwelling units shall he equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired • detectors,battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. • • 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 tiling a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent•peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: • 1. Nonresidential Structures: • a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. • 17 3/. / . . 4. ' 294 '��e�' 4 `3, ORDINANCE NO.2005- 44 �► 10 J AN ORDINANCE WHICH REGULATES AND CONTROLS .N •.I LITTER, WEEDS, AND EXOTICS WITHIN THE % - •'.w a • UNINCORPORATED AREA OF COLLIER COUNTY, L L 6qY . PROVIDING PURPOSE AND INTENT; TITLE; Os, APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER e'Ss TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATIPJJ ",, THE STORAGE OF LITTER (AND CHANGES RELATED 1 • CONSTRUCTION SITE CONTAINMENT OF LITTER);.• m REGULATING WASTE MATERIALS MANAGEMENT (AID �., CONTAINMENT PIT AREAS TO CONFORM TO DEP.. =D . STANDARDS); DECLARING WEEDS AND EXOTICS TO BE;i" t PUBLIC NUISANCE (AND REGULATING THE CONTROL (iF`.1 :: a WEEDS AND EXOTICS); PROVIDING FOR EXEMPTION r:; c.? PROVIDING FOR ABATEMENT OF NUISANCES -� (THE T$MENT arrl�'=. NOTICE OF VIOLATION FORS`THE ABATEMENT OF THE-' "' PUBLIC NUISANCE}, PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF 'A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDINb FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILTTY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas,if unsupervised or unmanaged; and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and. WHEREAS,the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 3.7. specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property onrany public.{r private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public rights}-of-way or from any property used for residential purposes. It shall be unlaw hl to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Utter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated,at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,dank and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary, to prevent spillage and overflow around the containers. Page 5 of 16 • 2674794 OR. 2 709 PG. 1592 • RECORDID :a OtYICIAL RECORDS cf COLLIER COUNTY, YL 00/1112000 at 10:ISAR DVI65T S. BROCO. CLIRI This U.eument Prepared By sod Return to: IIC OH 10.50 DAVID E. OLHSTS) MUTED i mom P.A. DOC•.1L ?@ 10501 Murdock Circle, Suite 101 Ram Port Charlotte, PL 33940 OLRSTED i tILSOB 18501 KURDOCI CR *101 • Panel ID Number, See below 7? CUI,RLOTTI tL 11041 Gramm Cl TIN Grantee 02 TIN. Warranty Deed This Indenture, Made this a l day of , 2000 A.D., Between ALBERT HOUSTON, SR., as President of HODS ON UNLIMITED, INC., A Florida corporation of the County of Collier , Steed Florida ,grantor. and ALBERT HOUSTON, SR. wMwe.ddre.. i.• P. O. Box 7294, Naples, FL 34101-7294 .,f the County..f Collier • '.rate or Florida •grantee. W itnesseth that the GRAN]OR.for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS,. and other good and valuable consideration to ORA.NTOR m hand paid by URANTL , the receipt whereur is hcrebl acknoe ledge!, he granted,bargained and sold to the said GRANTEE and GRANTEES heirs,successors and assigns fore%er,the Mowing described land,situate. lying and bong in the county of Collier sotto or Florida sown Parcel ID No. 66930160009 tit R COTT • Lot 5, PINE GROVE SUBDIV ••, a subdiv according to the Plat • thereof as recorded in Book 2, Page - the Public Records of Collier County, Flori•- . • Parcel ID No. 669302110* ; Lot 6, PINE GROVE S :DI CIO �ifk:Vraccording to the Plat thsreof as recorded _- _a sot: he Pu blic Records of • Collier County, Flori• Parcel ID No. 25631120rs G Lot 6, Block 9, CARSON'S 6 • a --y,, k se, as per plat thereof recorded in Plat Book 1, Pa- •1•lic Records of Collier County, Florida. • Parcel ID No. 25631200005 Tract One Lots B A 9, Block 9, CARBON'S ADDITION in Ium►okalee, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT the East 57.44 feet of the North 100 feet of the South 130 feet of the West 87.44 feet of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 478, Range 29 East, Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for the past, current and subsequent years. The above-captioned property constitutes all or substantially all of the property and assets of Grantor's corporation, and authorization for the conveyance of same was given by a majority of the shareholders. THIS INSTRUMENT PREPARED WITHOUT BENEFIT OP TITLE SEARCH and the gnawer don hereby fully warrant the tide to said lard. and will defend the same asuin.t law fu! .lain of all persn o M.nw....r 2 h a HM..,ut.It wt11 et son• Warranty Deed -Page 2 OR; 2109 PG; 1593 *** Parcel ID Number: Bee below In Witness Whereof, the granu,r has hereunto set its hand and seal the Jay oral year first shone untten Sign .t led and delivered In our presence: HOUSTON UNLIMITED, INC., A FLORIDA .2 �/ ' CORPO�RA,TII�ON y� "1 BY Lilij-e-./' V`1 S (Seal) Pri•te- amen Jan A.Kell ALBERT HOUSTON, SR., PRESIDENT i-.ms I r.o Addreu: P. 0. BOX 7294 (III NAPLES, FL 34101-7294 •-lk 1 Witness , STATE OF Florida COUNTY OF CAA c,kkL,Os The foregoing menument was acknowledged before me Ibis 37 1' day Of J y" 1 f s 2000 to ALBERT HOUSTON, SR., President of HOUSTON UNLIMITED, (INC., A Florida corporation •.. %b.,i.personally known to me ur%h.)has pnalueeJ \'\ a.wterwticataro‘1 s c.....L. ..Printed e: ti� R I-, .. `1E xptlic , JA E SPENCER -' .., r, - - •=640581 Ill(- ' N25 !001 �. O ..,0TN1U tINre GO o.4.,4IE Cig-C UDS al t.,sr Geese e e Dee slags rt.mw mai 75/3$13 has auv: . j 5. BOARD OF COUNTY COMMISSIONERS Collier county, Florida Petitioner, Vs. CEB NO. 2007-64 DEPT NO. 2006070939 ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Albert Houston Sr. , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-64, dated the 26"'. day of July, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 26, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 10' +/- X 46' +/- mobile home type structure having been placed/ stored on a "VR" zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 513.21 incurred in the prosecution of this case. 2) Abate all violations by: Respondent must repair a 10' +/- X 46' +/- mobile home type structure, currently located upon lot- 6.1, block-9, Carson's Add. Subd., Immokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining all Collier Co. Building Permits, or Demolition Permits necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So. 4t'. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit for rehabilitation, respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the mobile home and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. Respondent Michelle Arnold, Director Code Enforcement Department Date / Date REV 2/23/07 7ot4 8(910_ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-64 VS. ALBERT HOUSTON,Sr. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Albert Houston,Sr. 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 208 So.4`h Street, Immokalee, Florida, Folio 25631120101 more particularly described as(see attached legal)of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00,sub.sec.2.02.02-B and sub. sec. 2.02.03,section 2.03.00,sub. sec. 2.03.01-H, section 8.08.00, B and E-4,section 9.03.00,sub. sec.9.03.01-D,section 10.02.00,sub. Sec. 10.02.06- B I a through le ; Collier County Ordinance 2004-58,The Property Maintenance Code,sec. 6,par's 1,2, 3,4,5,6, 7, 8,9, 10, 11, 12a-d, f-m,and o-q,par's 17, 19,and 20,sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance,sections 7 and 8 in the following particulars: Existence of a 10' +/-x 46' +/-mobile home type structure having been placed/stored on a"VR"zoned lot in Collier County without a Collier Co. building permit,without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned,unattended and in a state of deterioration. Not to Collier County Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,, section 1.040.00, sub.sec. 1.04.01 A and B,section 2.02.00,sub. sec. 2.02.02-B and sub. sec.2.02.03,section 2.03.00, sub. sec. 2.03.01-H,section 8.08.00,B and E-4,section 9.03.00,sub. sec. 9.03.01-D,section 10.02.00, sub. Sec. 10.02.06-B1 a through le ;Collier County Ordinance 2004-58,The Property Maintenance Code,sec. 6, par's 1, 2, 3,4, 5,6,7, 8,9, 10, 11, 12a-d,f-m,and o-q,par's 17, 19,and 20,sections 15 and 16; Collier County Ordinance 2005-44,The Litter, Weed and Exotics Control Ordinance,sections 7 and 8 be corrected in the following manner: 1. By repairing the 10+/-x 46+/-Mobile Home type structure,currently located upon Lot 6.1,Block 9, Carson's Add. Sub., Immokalee, Fla. so as to comply with all Collier County Housing/Maintenance and Land Development Code(permit)requirements,by obtaining an active Collier Co., Building Permit,or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So. 4111 Street, Immokalee, FL,dated 10/06/06,by August 27,2007. 2. If Respondent elects to obtain a Building Permit for rehabilitation,Respondent must execute said permit through to final inspection and obtain a Certificate of Occupancy by December 27,2007. 3. If Respondent elects to obtain a Demolition Permit,Respondent must execute said permit by removing the mobile home and all resulting debris to a site intended for final disposal,restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and Regulations by November 30, 2007. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 27, 2007,then there will be a fine of$50 per day for each day the violation continues. 5. That if the Respondent elects and does not comply with paragraph 2 of the Order of the Board by December 27,2007,then there will be a fine of$50 per day for each day the violation continues. 6. That if the Respondent elects and does not comply with paragraph 3 of the Order of the Board by November 30, 2007,then there will be a fine of$50 per day for each day the violation continues. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform a reinspection of all premises in question within 24 hours of abatement. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$513.21 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this� day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ✓ .,/BYC, 4', --ei " V el t"/ Cry..----_- . Gerald Lefebvr ,Vice Chair/ 2800 North Horseshoe Dr4oe Naples,Florida 34104 s'tats of FLORIUA ',minty of COWER I;PlEREtkiCERTIFY THAT this is a true anot correct copy 0'4 dorr ,Mr "ors is in Board Minutes ati4 ,Ir ,onicr County wa it/E5S my t: ,d; , iii seal this day,c •T'E. BI O 0 I O CLERK OF COURTS a Ull it 1k D.C„ ,_ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -cu\ The foregoing instrument was acknowledged before me this 111 day of , 2007,by Gerald Lefebvre, Vice Chair f the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has p t• ed . Florida Driver's License as identification. IA t / t Kw,LHNI NO A'Y Fri My Commission DD2$1%S My commission expires: Ewes March 30,2005 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o�hi ORDER h. teen .ent by U. S. Mail to Albert Houston,Sr., P. O. Box 5310, Immokalee, FL 34143 this day of ,`./, 2007. fri ji/2"1 J ��M.Jean Ra 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. 2007-64 DEPT NO. 2006070939 ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Albert Houston Sr. , 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 2007-64, dated the 26th. day of July, 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 July 26, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 10' +/- X 46' +/- mobile home type structure having been placed/ stored on a "VR" zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 513.21 incurred in the prosecution of this case. 2) Abate all violations by: Respondent must repair a 10' +/- X 46' +/- mobile home type structure, currently located upon lot- 6.1, block-9, Carson's Add. Subd., Immokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining all Collier Co. Building Permits, or Demolition Permits necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So. 4th. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit for rehabilitation, respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the mobile home and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. Respondent Michelle Arnold, Director Code Enforcement Department LM 24 2�7 Q .z v7 Date / Date REV 2/23/07 2674794 OR: 2709 PG; 1592 RICORDID a OttICIAL 1IC011S cf COLLISI COOKT,, TL 01/102000 it 10:1SA1 DV/G11 I. BIM. CLLR[ Thh Daeameat Prepared head Return lo: DAVID Z. OLXSTED RIC !II 10.50 oL1Ir7pp a moon, P.A. DOC•.70 ,70 30501 Murdock Circle, Suits 101 Rats: Port Charlotte, FL 33940 O.KSTID i 1IL301 11901 KDIDOC[ C1 0101 • • Parcel ID Nrrdben Bee below 'T CIAILOTYYI Pt 139411 t.n.e.e aI TIN titanic,e2 TIN. Warranty Deed This Indenture, Made this a r day , ..... Y of , 2000 A.n., Between ALBERT HOUSTON, SR., as President of HOUSTON UNLIMITED, INC., A Florida corporation of the Comte of Collier . stale of Florida .grantor. sail ALBERT HOUSTON, SR. rare adw.e.. i. P. O. Pox 7294, Naples, FL 34101-7294 ..r.1.. County of Collier that,or Florida ,grantee.• Wttnesseth that the(IRAN I OR.for and in consideration of the aum of TEN DOLLARS ($10) 1x11.LAR3. and other pad and valuable consideration to GRANTOR in tared paid by tiRANTEE, die mops whereat in hereby ac►narkd5.d, hu granted,bargained and sold to the said GRANTEE and GRANTEE-3 heir,successors and assigns forcer,the following described hind,situate, tying and berm in the county of Collier state of Florida %,..a Parcel ID No. 66930160009 . • - I \OR C,OT* V Lot 5, PINE GROVE SUBD ., a subdiv according to the Plat - thereof as recorded in Book 2, Page - the Public Records of Collier County, Flori• . . Parcel ID Noe 6693021101 = Lot 6, PINE GROVE S :DI -i0 • •. rrding to the Plat thereof as record /_ed >� A.- he Public Records of Collier County, Flori• Parcel ID No. 25631120 % O G Lot 6, Block 9, CARSON'S Ay .'a as, as per plat thereof recorded in Plat Book 1, Pa- ifE42 : •i.lic Records of Collier County, Florida. • Parcel ID No. 25631200005 Tract One Lots 8 a 9, Block 9, CARSON'S ADDITION in I2tmtokalee, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AND EXCEPT the East 57.44 feet of the North 100 feet of the South 130 feet of the Nest 87.44 feet of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 478, Range 29 East, Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for the past, current and subsequent years. The above-captioned property constitutes all or substantially all of the property and assets of Grantor's corporation, and authorisation for the conveyance of same was given by a majority of the shareholders. THIS INSTRUMENT PREPARED WITHOUT BENEFIT OF TITLE SEARCH and the'moth does hereby fully women. the tide to said land.and will defend the .one asthma leoful .Ininr of all venom .h [too...-, n . Warranty Deed -Pate 2 OR; 2709 PG; 1593 Parcel ID mourn Bee below In Wilaeu Whereof,the prating has hereunto set iu bnJ and real the Jay and year first Aunt urrtkm Sign . led and delivered In our presence. HOUSTON UNLIMITED, INC., A FLORIDA A • ' CORPORATION Pri , - � � , ALBERT HOUSTON, SR., PRESIDENT i • I r.o A,hhe..: P. 0. BOX 7294 I NAPLES, FL 34101-7294 e','' 1 Witaeer i STATE OF Florida COUNTY OF CIAc,ktt,t•4s The G seeu,ag tacmem twat acknowledged before me l&it ( 7 t l day or J 1,- ) w / '2000 tp ALB!RT HOUSTON, SR., President of HOUSTON UNLIMITED, (INC., A Florida corporation rI x M,is personally known w me or w Ito has produced \•\ 1 - ac xlemu'x:abun \ s 7..............._ Printed so } �) R Il j� tO lie • � Expires: • G�: Teat,. • • - eCCbeDSbl 25 .1001 n (:-.0. 0 tert, ,. E..; „ .co...c. .off �ti"G . 4.1E cr s ■oMMMOA t r r.....e.e n.x.,ems-x. M...,-t.,.,..,..._r,.. 2 *1 3/ L/b g CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-64 vs. ALBERT HOUSTON, Sr. Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 26,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 30,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4265,PG 1062, et. seq.on August 2,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on January 25,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated April 30,2007, it is hereby ORDERED,that the Respondent,Albert Houston,Sr.,pay to Collier County fines in the amount of$9,150 for the period of August 28,2007 through February 27,2008(183 days)at a rate of$50 per day(Order Item#4), plus$4,400 for the period of December 1,2007 through February 2,2008(88 days)at a rate of$50 per day(Order Item#5),plus$513.21 for the operational costs incurred in the prosecution of this case for a total of$14,063.21. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this day of fear ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLI COUNTY,FLO'4 DA BY:� i / erald LeFebvr=„Chair 2800 North H,rseshoe Driv/ Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I4"day of 61 Q VLh 2008,by Gerald LeFebvre„9hair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License s identification. ikw�"•., PRISTINE Rouen NOTARY PUBLIC ,•‘ MY COMMISSION e DD 686595 My commission expires: EXPIRES:June 18,2011 flf, \ Bonded Thiu Notary Pubic Underwriters ti RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Albert Houston, Sr., P. O. Box 5310,Immokalee,FL 34143 this L444--- day of MO1/4.rU'1 ,2008. 727/ aaA't4Peol ) M. Jean Ra n,Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 stirs a FLORIDA , Danny of CQLU ?n' • I HERESY CERTIFY T 1'?s to 4 fruO 41 :orrect.Copy of a t at umgsg Oq,ffte In Board MIninas and R#ortfs of Collier County I—rkay of . OW, E BROO 'CLERK E�CCURTS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Glen Hollingsworth and Marsha Kendall, Respondent(s) CEB No. 2007-57 DEPT No. 2006060373 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 CODE ENFORCEMENT- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-57 Dept. Case No. 2006060373 Plaintiff, vs. GLEN HOLLINGSWORTH MARSHA KENDALL, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2551 Estey Ave C-3 SERVED: Glen Hollingsworth Marsha Kendall, Respondent John Marsh, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-57 vs. DEPT CASE NO. 2006060373 HOLLINGSWORTH,GLEN-MARSHA KENDALL,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 Ord.04-41 section(s) 10.02.06(B)(1)(a) 2. Description of Violation: Conversion of storage space on 1g floor to living space. 3. Location/address where violation exists:2551 ESTEY AVE C-3 4. Name and address of owner/person in charge of violation location: HOLLINGSWORTH,GLEN-- MARSHA KENDALL,373 DOVER PL.,#904,NAPLES,FL 34104 5. Date violation first observed:June 12,2006 6. Date owner/person in charge given Notice of Violation:August 10,2006 7. Date on/by which violation to be corrected: September 11,2006 8. Date of re-inspection:April 4,2007 9. Results of Re-inspection:Violation(s)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 10th day of April,2007 John Marsh Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S .r o(• a` .+ d) . + subscribed before this/0 day of ,2007 by ,1 ` C.ignature of otary Publi (Print/Type/Stamp Commissioned Name of Notary Public) Personally known/A, or produced identification Type of identification produced z).4';R4;„ Linda C. Wolfe Commission#DD273407 S?.ae Expires:Dec 07,2007 %s'FOF iCPV Bonded Tiro ios Atlantic Bonding Co.,Inc. REV 3-3-05 2 . Case Number 2006060373 COLLIER COUNTY CODE ENFORCEMENT 1 Building Permits,Administrative Code&Other Permit Requirements c s NOTICE OF VIOLATION Respondent Hollingsworth,Glen Date: 8/9/06 Investigator: Ian Jackson Phone: 239-659-5727 Marsha Kendall Zoning Dist RMF Sec 2 Twp 50 Rng 25 ding: 373 Dover P1.#904 Legal: Subdivision 1518 Block C Lot 3 Naples,FL 34104 Location: 2551 Estey Ave Naples,FL 34104 Folio 69600440001 OR Book 4012 Page 729 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 DSection 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge, alter,repair,move,demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 010.02.06(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 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 1310.02.06(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 construct-iit-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 Owner must apply for Collier County building permit, obtain applicable county regulations. permit, arrange for the inspection of, and obtain certificate of occupancy or certificate of completion for interior renovations J10.02.06(BX1)(d)(i)In the event the improvement of property,construction of made to first and second levels of dwelling. Or owner must any type,repairs or remodeling of any type that requires a building permit has obtain Collier County demolition permit and obtain certificate 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). of completion or certificate of occupancy for demolition permit by removing all unpermitted alterations and removal of Collier County Code of Laws and Ordinances Section 22,Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, materials from property. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, Order to Correct Violation(s): or do not provide adequate egress,or which constitute a fire hazard, or are Must be in compliance with all Collier County Codes and Ordinances. otherwise dangerous to human l ke, or which in relation to existing uses, Apply for and obtain all permits required for described constitutes a hazard to safety or health, are considered unsafe buildings or structure/improvements: OR remove said structure/improvements, service systems. All such unsafe buildings,structures or service systems are including materials from property and restore to a permitted state. hereby declared illegal,etc Must request/cause required inspections to be performed and obtain a 0103.11.2 Physical Safety[pools]. Where pool construction commences prior certificate of occupancy/completion. OR demolish described to occupancy certification of a one or two family dwelling unit on the same improvements/structure and remove from property. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy :Must effect or cause, repair and/or rehabilitation of described unsafe certification of a one or two family dwelling unit on the same property.the building/structure/systems: OR remedy violation by means of permitted fence or enclosure required shall be in place prior to filling of the pool unless demolition of same. during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an Violation(s)must be CORRECTED BY: 9/11/06 approved substitute shall be in place,etc. Failure to correct violations may result in: 0104.135 Prohibited Activities prior to Permit Issuance. A building permit 1) Mandatory notice to appear or issuance of a citation that may result in (or other written site specific work authorization such as for excavation,free fines up to$500 and costs of prosecution. OR removal, well construction, approved site development plan, filling, re- 2) Code Enforcement Board review that may result in fines up to$1000 per vegetation,etc.)shall have been issued prior to the commencement of work at 'ay per violation, • _ as th v'.Cation remains, and costs of the site. Activities prohibited prior to permit issuance shall include,but are e.'.: uti on. not limited to, excavation pile driving (excluding test piling), well drilling, W 11, 4 —10-06 formwork,placement of building materials,equipment or accessory structures �..and disturbance or removal of protected species or habitat,etc. Res.end- y's Sign. Date 8/9/06 ctiou 106.1.2 Certificate of Occupancy. •0106.1.2 Building occupancy. A new building shall not be occupied or a Investigato •Signature Date 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 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. �-. public facility below the level of service established in the Collier County growth manage- ment plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp.No.2 LDC10:85 l J. CD-Plus Report - Code Case Image )DE CASE NUMBER IMAGE DATE X006060373 6/27/2006 IMAGE DESCRIPTION view of staircase going from upper , level to lower level 6-27-06 IJ- 7 � ' F ,/ k . .. I !.�! i-. knit;. b;"-4"-.';47 k {n ig-- {S'{SS t r tir , ra ,�,, i az �r CODE CASE NUMBER IMAGE DATE +5f = << ,= ' , 2006060373 6/27/2006 1,'-' �rr� a }}' IMAGE DESCRIPTION t4 t � C n ' : view from lower level 6-27-06 IJ-27 ,(� 'i t F X�i qt'.:,,,•.:,� � �N1y y i /�\ ) ..w..atev @ 3 CODE CASE NUMBER IMAGE DATE �, 2006060373 6/27/2006 j w ; ; IMAGE DESCRIPTION "' i '% ,•a . view of exterior door 6-27-06 IJ-27 ` r, rif •, E g4 zrrmoss2a `� , ° V AR Mc"g3 Collier County Printed on 4/4/2007 9:36:37 AM CD-Plus for Windows 95/98/NT Page 1 5. CODE CASE NUMBER IMAGE DATE 2006060373 6/27/2006 'IAGE DESCRIPTION view of exterior door 6-27-06 IJ-27 r ' i i't ' ' , Dr 77 0-c e.[ 7 t, �:' CODE CASE NUMBER IMAGE DATE 2006060373 6/27/2006 IMAGE DESCRIPTION '' view of plumbing and electrical outlets 6-27-06 IJ-27 0-car2DOL 623 w CODE CASE NUMBER IMAGE DATE t' t , _ 2006060373 6/29/2006 IMAGE DESCRIPTION plumbing in lower level 6-27-06 IJ-27 M Y 1 r Ti K of } 1 ' 4 ,-1, Collier County Printed on 4/4/2007 9:36:45 AM CD-Plus for Windows 95/98/NT Page 2 CODE CASE NUMBER IMAGE DATE 2006060373 6/27/2006 n SAGE DESCRIPTION plumbing in lower level 6-27-06 IJ-27 ^1,771200;623 pm CODE CASE NUMBER IMAGE DATE 2006060373 6/27/2006 IMAGE DESCRIPTION area in lower level being used as a bedroom 6-27-06 IJ-27 4.0110 Y'2.*inT at k* 06. 'In%6 24;m slAmr Collier County Printed on 4/4/2007 9:36:50 AM CD-Plus for Windows 95/98/NT Page 3 7 Book 4012 -Page 729 Page 1 of 1 **x 3814864 OR: 4012 PG: 0729 *** Prepared by: RICORDEO in OFFICIAL RECORDS of COLLIIR MITT, Ti Robert Andrews 04/06/2006 at 08:2311 DWIGHT I. BROCE, CLIII Preferred Title of Florida,LLC CDIS 225000.00 4980 Tamiami Trail North,Suite 200 ROC 10 10.06 Naples,Florida 34103 DOC-.70 1575.00 Bets: File Number P1F06-0054 FIRST AIIUICAI TITLE 8550 OLRIRT01 RD 1145 LAt60 FL 3117I General Warranty Deed Made this March 30,2006 A.D.By Luz M.Valencia,an unmarried woman,101 7 Cardinal St,Naples,FL 34104,hereinafter called the grantor,to Glen Hollingsworth,an unmarried man and Marsha Kendall,an unmarried woman,whose post office address is: 373 Dover Place,Apt 904,Naples,FL 34104,hereinafter called the grantee: (Whenever used herein the term'grantor"and'grantee'include all the panics to this instrument and the hens,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,receipt whereof is hereby acknowledged,hereby gams,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee,all that certain land situate in Collier County,Florida,viz: Condominium Unit C-3,RIVER OAK PLANTATION,PHASE 1,together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Record Book 844,Page 1395,as amended from time to time,of the Public Records of Collier County,Florida. Said property is not the homestead of the Grantor(s)under the laws and constitution of the State of Florida in that neither Grantor(s)or any members of the household of Grantor(s)reside thereon. Parcel ID Number 69600440001 Together with all the tenements,hereditametts 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 sdl 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. Si sealed and delivered in our presence: 41-saiLit,C) (Seal) 4AA Valencia Witness Printed Name Robert/D.Andrei;'t 1017 Cardinal St,Naples,FL 34104 .�/�t8 fre?4 �Y (Seal) Witness Printed Name Na( i rr 1:e../ /14104 s V4 k''— Address: State of Florida County of Collier The foregoing instrument was acknowledged before me this 30th day of 2006,by Luz M.Valencia,an unmarried woman,who is/are personally known to me or who has produced t� 1► r. tifi "on. ROBERI 0.ANDREWS r,,,,., z Notary Public-state 01 Rondo Notary Public e°.y� , t�w18.zof)8 Print Name: Robert 11 Andrews <"�,,� mph DD3T32t3 ?:?� ` N,,on,ossrt My Commission Expire,: Robert D.Andrews M• http://www.collierappraiser.com/viewer/Image.asp?ImageID=406072 4/4/2007 f _ CDPR0002 - Image Print '-'131e CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060373 view from lower level 6-27-06 IJ-27 IMAGE DATE 6/27/2006 ,,, gym'' I 4' 4 : __„,,,-----,-,;;li - _,..„_-,,_,_;:.,,,,,.-.,.„..„.i.„, , .„..„.....„„,„„„,„,„„,: _ ,,,,, ..„.,, __, ... , . a __:,..„„,„...„:„..,...,.....,,..„,:.... . ....„...‘„,....„,..„, ,....„,. ,. .:,.. ..,...., „„. ..,.. , -_,,,,,„_,..„-„,-„_„,,,,:_:,...,,,„,,,,,,„„:„.„,„.„..„,,,,,,,,,,,,..„,,-.3.;„:„....,,,,,,.„:„..„-:,,:,,,..,,,r-:.:-.,-,,,,,...:,,,„ --- :•,i,„,-.,,,_,..„,„...„,:,.„,,..,..,,i„•,,.„..,,,,,,.,,„:w,_,„_r:.,._,:.,..::„-.,...,.,-..f.„. ,, _,..: ._.,, . ..„ , „„„, , ,„ .„, „ . I ''''.- - - -- -- , _ _ ,,,, ,.,,,,,,, ,,,..:....„. „.„„ ,„.„_ . , ,,,,„-,._____ _. „.„...,,, . .„. , _,..-, u O2�=`2 *621 : -=:_v,:;.=_-. --.- . it At Collier County Printed on 7/23/2007 7 :46:03 AM CD-Plus for Windows 95/98/NT Page 1 Par 8 - CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060373 area in lower level being used as a bedroom 6-27-06 IJ-27 IMAGE DATE 6/27/2006 lia .trki 110. . .., , _ moi r 12006 6 24 Pm Collier County Printed on 7/23/2007 7:4814 AM CD-Plus for Windows 95/98/NT Page 1 17)cztrie 3. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060373 plumbing in lower level 6-27-06 IJ-27 IMAGE DATE 6/29/2006 1 k ....,,:„„,„,,,,„...,..6.,„ ,- - ii,.,,,,,04,a.:15i:„ v.,,iiiiil,.. , ,.. ', r n w Collier County Printed on 7/23/2007 7:47:41 AM CD-Plus for Windows 95/98/NT Page 1 4. CDPR0002 - Image Print V CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060373 plumbing in lower level 6-27-06 IJ-27 IMAGE DATE 6/27/2006 w i 4 it ,„. 1_, i jell 06/2712006 6:23 pm Collier County Printed on 7/23/2007 7:47:16 AM CD-Plus for Windows 95/98/NT Page 1 fi'a. Q 5 CDPR0002 - Image Print L CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006060373 view of plumbing and electrical outlets 6-27-06 IJ-27 IMAGE DATE 6/27/2006 1; ,,,), - i likF, ft 4,10 41111111 ..,......a .. Isoi li Collier County Printed on 7/23/2007 7:46:36 AM CD-Plus for Windows 95/98/NT Page 1 d 13,164 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-57 vs. HOLLINGSWORTH,GLEN HOLLINGSWORTH, MARSHA KENDALL Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Glen Hollingsworth and Marsha Kendall Hollingsworth are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 2551 Estey Avenue,C-3,Naples, Florida,Folio 69600440001 more particularly described as Condominium Unit C-3, RIVER OAK PLANTATION, PHASE I,together with an undivided interest in the common elements,according to the Declaration of Condominium thereof,recorded in Official Record Book 844, Page 1395,as amended from time to time,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)(a) in the following particulars: Conversion of storage space on first floor to living space. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, , section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By submitting all required permit applications within 60 days(September 24,2007). 2. By obtaining all inspections and certificate of completion within 60 days of the permit issuance. 3. In the alternative,by submitting application for a demolition permit and remove all non-permitted improvements to first floor area within 60 days(September 24,2007). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 60 days (September 24,2007),then there will be a fine of$200 per day for each day until the permits applications are submitted. 5. 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$200 per day for each day until the permit is CO'd. 6. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days(September 24,2007),then there will be a fine of$200 per day for each day until the property comes into compliance. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$459.82 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,D day of TS J Y ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLL ER COUNTY,FLORID BY: '-'4....(d(1/ . . / -----, Gerald Lefebv ,Vice it 2800 North orseshoe 'ive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged beforc me this day of 2007,by Gerald Lefebvre,Vice Chair of the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or?c. who has produ d a lor'da Driver's License as identification. ,/ (." \ i 9o% Kona L Hall NOTA Y PUBLIC /• My Commission COMM My commission expires: Expires March 30.2006 ataTe of F uUk1UA ;ounty of COLLIER l HEREBY CERTIFY THATth'ts Is a trueaft 7rrect copy of a oocurrent °n,file In -card Mtn t;;s aod r' of Collier Chun •�iTr ES-$-:1.-.y (4::'10 �.2. : , ,. 1 seal this OW T E. BRO(.K LERK OF COURTS .,21_, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Glen Ho1lingsworth and Marsha Kendall,Hollingsworth, 2551 Estey Ave.,C-3„Naples, FL this 2/ day of - ,�,�j" , 2007. �" OX M.Jean Ra n, Esq. Florida Ba o. 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. VI Partnership, LTD, Respondent(s) Helen G. Athan Esq, Registered Agent CEB No. 2007-58 DEPT No. 2007030245 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-12 Deed 13-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-58 Dept. Case No. 2007030245 Plaintiff, vs. VI PARTNERSHIP, LTD HELEN G. ATHAN ESQ AS REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 11125 Gulf Shore Drive SERVED: VI Partnership, LTD Helen G. Athan ESQ as Registered Agent, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-58 vs. DEPT CASE NO.2007030245 VI PARTNERSHIP,LTD, HELEN G ATHAN ESQ.AS 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)04-41,The Collier County Land Development Code,as amended. Sections, 10.02.06[B][2][a], 10.02.06[B][d][ix],5.06.06[0] 2. Description of Violation:Erection of signs without proper county permit(s)and illegal erection of wind signs(banners)affixed to a fence in the front of the property. 3. Location/address where violation exists: 11125 Gulf Shore Dr.(22870200005) 4. Name and address of owner/person in charge of violation location:Helen G.Athan,As Registered Agent for:VI Partnership,LTD, 5551 Ridgewood Drive,Suite 501,Naples Fl,34108 5. Date violation first observed:March 13th,2007 6. Date owner/person in charge given Notice of Violation:March 23rd,2007 7. Date on/by which violation to be corrected:April 24th,2007 8. Date of re-inspection: May 7th,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. ed Dated thi4�3 Day of"(2007 ifa Wilr'now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S trn to(or affirmed)and subscribed before this 3 day of y,2007 by • MARLENE G.SERRANO (Sign": e of Notary Public) (Print/Type/ tamtiOS of Florida gr 401145 Name of Not My uirrexpires March 04,2009 • Personally known or produced identification Bonded thru 1st state Insurance Type of identification produced REV 3-3-05 9 Case Number 2007030245 000 7 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Dv^. HELEN G.ATHAN ESQ Date: 3/16/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 CIO GRANT,FRIDKIN, PEARSON,ATHAN&CROWN AS REGISTERED AGENT FOR: VI PARTNERSHIP,LTD. [PROPERTY OWNER] [BUSINESS] Zoning RT Sec 29 Twp 48 Rng 25 Dist Mailing: Legal: Block Lot 5551 RIDGEWOOD DRIVE,SUITE 501 subdivision NAPLES FL 34108 Location: 11125 GULF SHORE DR Folio 22870200005 OR 4047 Page 3798 Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at ORDER TO CORRECT VIOLATION(S): the above-described location. You are directed by this Notice to take the following corrective Ord No. 04-041,as amended Section 5.06.06[O] action(s)5 1.OBTAIN PERMIT TO DISPLAY SAID SIGN OR REMOVE. Ord No. 04-41, as amended Section 10.02.06[B][2][a] 2. REMOVE BANNERS/WIND SIGNS FROM CONSTRUCTION r•—■ FENCE.ALL INSPECTIONS AND FINAL CO MUST BE COMPLETED WITHIN 60 DAYS OF ISSUANCE OF AFTER THE FACT PERMITS CEASE ALL FUTURE PLACEMENTS OF ANY SIGN(S)OTHER THAN Ord No. 04-41 as amended Section 10.02.06[B][2][d] THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND [ix] DEVELOPMENT CODE. ❑Ord No. ,as amended Section ❑Ord No. ,as amended Section flSupplemental attached ❑Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: APRIL 24TH 2007 Did Witness: Failure to correct violations may result in: ON 3/13/07 [1] 1- FREE STANDING SIGN, COPY READS, LUXURY 1) Mandatory notice to appear in court or issuance of a citation that BOAT FRONT, MORAYA BAY, TOWER RESIDENCES, DISPLAYED may result in fines up to$500 and costs of prosecution. OR WITH OUT FIRST OBTAINING PERMITS. [2] BANNERS/WIND SIGNS 2) Code Enforcement Board review that may result in fines up to ATTACHED TO FENCE SURROUNDING PROPERTY. THIS IS $1000 per day per violation, as long as the violation remains, and CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE costs of prosecution. AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: flSuppiemental attached glersonal Service ❑Certified Mail ❑Posting of Property ❑Fax ❑Mail J v. K &4 V Y , Sign- ure a >Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE / ,�h Q 1,� ENFORCEMENT KITCHELL T.SNOW (,T .�'C,{ INVESTIGATOR: PTint 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2314 Fax 9)403-2493 2;11-- 03-2493 Z Dated this 3'� day of MARCH 2007 �glaI gator signature VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat 3 _ nF�J:..lot:nn riainal to Pile - ('nm,to RPennnllvnt (`nm f-.,. :m C 5.06.00 SIGNS Page 18 of 21 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or publicrights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted signs. J. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof signs. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental • agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State law references: Display of unauthorized traffic signs, signals or markings, F.S. § 316.077. N. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. O. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are 5.06.00 SIGNS Page 19 of 21 not limited to structural signs, freestanding signs, [and] signs attached or affixed to i-e structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). V. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. No sign shall be placed or permitted as aprincipal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatable signs. CC. Accent lighting as defined in this Code. DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directional signs. People in costumes advertising stores or products. FF. Attachments to signs, such as balloons and streamers. GG. Banner signs. 5.06.00 SIGNS Page 20 of 21 HH. Pennants. II. Bench signs. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. (Ord. No. 04-72, § 3.U) 5.06.07 Enforcement A. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: 1. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. All signs for which a permit is required shall be subject to inspections by the County Manager or his designee. The County Manager or his designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The County Manager or his designee may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained,or which would constitute a hazard to the public health, safety, and welfare. 3. The County Manager or his designee shall be charged with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2. Where any sign or part thereof violates this Code, the County Manager or his designee may institute any appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law, including prosecution before the Collier County Code Enforcement Board against the owner, agent, lessee, or other persons maintaining the sign, or owner, or lessee of the land where the sign is located. 3. If a sign is in such condition as to be in danger of falling, or is a menace to the safety of persons or property, or found to be an immediate and serious danger to the public because of its unsafe condition, the provisions of section 2301.6 of the Standard �' 10.02.06 Submittal Requirements for Permits A Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without 7. _ 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 9 districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. 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. N. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be 1/ accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. /2 3849121 OR: 4047 PG: 3798 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/02/2006 at 11:04AM DWIGHT E. BROCK, CLERK This Warranty Deed Prepared By: CONS 71667000.00 Richard D.Yovanovich,Esq. REC FEE 35.50 A GOODLETTE, COLEMAN&JOHNSON, P.A. DOC-.70 501669.00 \ 4001 Tamiami Trail North,Suite 300 COPIES 4.00 Naples,FL 34103 Retn: 2071.003Lpimilik, GOODLETTE COLEMAN ET Al, 4001 TAMIAMI TR N #300 NAPLES FL 34103 . WARRANTY DEED THIS WARRANTY DEED, is made this l day of J.uuE, 2006, between VAN-DEV, INC.,a Florida corporation, and VANDERBILT-BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, collectively the Grantor, and VI PARTNERSHIP, LTD.,a Florida limited partnership,Grantee,whose post office address is 800 Laurel Oak Drive, Suite 300, Naples, FL 34108. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to s �_ •1 . hand paid by the Grantee, the receipt of which is hereby acknowledged, ittt— Cb ^ ed and sold to said Grantee and Grantee's successors and assi• 1 er,the folio ribed property,situated, lying and being in Collier County, Flori•_,"fr it: See Exhibit A a ch _ n p • • a • he ein. 1, Parcel Identificatio' A1 ber. 22870200$ it ". o SUBJECT TO: (a)ad valorem a • r -- valor-•- • o7 taxes for the year of closing and subsequent years; (b) zoning, b . •i F 0- other use restrictions imposed by governmental authority; (c) outstanding , gas and mineral interest(s), of record; (d) covenants, restrictions, reservations and easements of record or common to the subdivision. And said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed and delivered this warranty deed the day and year first above written. • ■ Warrallo. Deed Pape nty 1 of 3 OR: 4047 PG: 3799 �, VAN-DEV, INC., a Florida corporation Signature of j n #1 By: �� 2, . A . . ' 0∎1e.^nv•`i.. J Ner d, Secretary/Traturer Print Name of Witness #1 � (CORP. SEAL) Signature of Witness #2 ) }"Q f be 5-,c. car" O Print Name of Witness #2 STATE OF FLORIDA COUNTY OF COLLIER ., .85 ,R COQ The foregoing instrument wad �owledged before <- i /%9- day of 2006, b Jerry Nerad, as Secretary/T ea • •• •- al •f Va De Inc.,a Flo corporation,who is ✓ personal) �kn•w P ho m- who produced e-, ,IL "t PATRICIA A DE - L• C � `� .,• MY COMMISSION t DD ]1a•1, _��- .► V EXPIRES:July 6,200 • II C , Nota r • sod•d7lw Navy Pubic • Print Nam= (SEAL) .S,t� Warranty Deed ■—" Page No.2 of 3 /4. OR: 4047 PG: 3800 VANDERBILT-BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited 4.-1-...., partnership - Signature of Wi Hess#1 '�"`—°"`A�'11v"a"w-aGe By: TIMEMED LABELING SYSTEMS, INC. Print Name of Witness #1 an Illinois corporation, General Partner (CORP. SEAL) --2CL: -----1-------ca Signature of Witness #2 gy,' i � D ,�}r ) fr1SIerad`, P resident Print Name of Witness #2 . c r \-"0ti1 ` STATE OF FLORIDA COUNTY OF COLLIER 1 The foregoing inst u . w . • 13 • •- o r: m- this/ day ofi�. �' 2006, by Jerry Nerad, i• _ ' y ry -�. ' - i 9 Med�L�b�I� Systems, Inc., an Illinois corporation, and as Gene tt,Pa era • on •e If o-'an5 ebilt-Beach Associates Limited Partnership, a Florida limi -• •-rtnership,who is rs•na %,,L. o • me or has produced •entification. -7 w IN . ATR A A.DE sT'EFANO '!�-�E'— Exria:s:� 0 Notary Public, State of Florida .) '" eaidedT1yi"'""' My Commission Expires: ( ' ■•—■ Warranty Deed Page No.3 of 3 /5* *** OR: 4047 PG: 3801 *** Exhibit A Lot 6, and the North 100.00 feet of Lot 5,Block A,BAKER CARROLL PONT,Unit No.2 as recorded in Plat Book 8,Page 62,of the Public Records of Collier County,Florida,being more particularly described as follows; Beginning at the Northeast corner of said Lot 6,run South 14°4920"East 362.09 feet along the West right of way line of Gulf Shore Drive;thence North 89°5220"West 580 feet more or less,to the Mean High Water Line of the Gulf of Mexico; thence Northerly 400 feet, more or less, along said Mean High Water Line to the North line of Section 29,Township 4 8 South,Range 25 East,thence South 89°52'20"East, 365 feet,more or less. along said Section line to the West right of way Iine of State Road S-846,thence South 14°49'20"E,41.40 feet along said West right of way line; thence South 89°52'20" East,217.29 feet along the South right of way line of said State road to the Point of Beginning. CO �� & G0 Y . E CIRC • ; t#\ e �.'i .:, , b , a `�N. a t•-:•!.'„:1,;' ,«, �: 't le W `O F C? N g.; .•+, r � yt�` ,1.- x ,,' #,. ' . _. .� * 'j ,N 0°' o 4. 3 : " o r*e. --- ,-:,-,7,-,4e*% III. . ` . 141', ' - - 2 ) o., l—'' , : ''1 ft,_}i ,<` ; ':i {'i.ry a' 1 4 e s rw, a > i €* fi 3 .._ _.. ... ..:‘,' ‘,.. :,,,. ,: .:` « '$" ,„* ., t} S , . .,v.i. , , ..-N'iv 4 '; gillk r-` 4. V. k a k f• i :, .. s .. �i ,' ; T‘. ,,..1„,.,.,,., , -,,, ,,,,,--- -',-;'..::,4.-i.,...-: ,t;i : i --,.., , , i - r ' " E � ,,.e `�• M s a t � i ,p o ors.,:y�;� ,," r zt .3 7 .. ..„4,0#),,,,,,..- ..N.--.-iiii,,,,,*,.: -"-- .,-,,-----,, ....„ ..........40i- , titto,„. > x ' a. yv fi x , r r . „ a .„ c �+�� ¢ 8 r i 1 11 .,P: , , s,: f�� .' y, d 3 „x .... ..:',.:::,:.---:-.,,:',..--,r,,,,i,r24-;„,..,,,t-,....,vd.:,,..-oiti.,,,tiim ' s '4O a '" ' •"'art.. 2 0 ' ", A 7 N _ k Nt . ', ..� W TS c f s , s: I tEf4 2.�, . cs 1.. is f a a by IV x 4+� A ` 1' ;/ '- Z M k; i tea, ,t ' i i' , .. 4 ,„.. m - r .. — ..n s° wry a aqr' I Z)4 8 k 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-58 vs. VI PARTNERSHIP, LTD Helen G. Athan, Esq., Reg. Agent Respondents FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That VI Partnership,Ltd. is the owner 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 personal service. 4. That the real property located at 11125 Golf Shore Drive,Naples,Florida,Folio 22870200005 more particularly described as(see attached legal)of the Public Records of Collier County, Florida was in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a), 10.02.06(B)(d)(ix),and 5.06.06(0) in the following particulars: Erection of signs without proper county permits and illegal erection of wind signs(banners)affixed to a fence in front of the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code,as amended, section 10.02.06(B)(2)(a),10.02.06(B)(d)(ix), and 5.06.06(0)did exist,but have been abated. That the Respondents have paid all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this () day of j-fy ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA /` -� 7/ y BY: Gerald Lefebvre',Vice Cha f 2800 North .rseshoe Dr• e Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(; day of J c i Li , 2007,by Gerald Lefebvre, Vice Chair the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produ ed a to ida Driver's License as identification. ..- i /) i 9, Kern L Hail NOT Y PUBLIC 1` MY Commis DD287898 My commission expires: a our- Expires March 30.2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to VI Partnership, Ltd., = en G. i than,Esq.,Reg.Agent,5551 Ridgewood Drive,Suite 501,Naples,FL 34108 this ;/ day of „ ,_44 ,2007. I I /r ( i v ' M. can son,Esq. (/ Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 e Qi ; LURIUA ,ounty.of COWER 1 HEREBY CERTWFY,THAT this is a true and correct copy at a aoctJm^nt cn.file in Board Ikt inut:.s and '2, ,s( collier Count W!T*sEMS my 1y ,.; 4.. cal this OWl '.El'E3IIOC CLERK OF c_OURT$ •;v: , L �,L__ _ D.C. �� . 3849121 OR: 4047 PG: 3 798 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/02/2006 at 11:04AM DWIGHT E. FROCK, CLERK This Warranty Deed Prepared By: CONS 71667000.00 Richard D.Yovanovich,Esq. REC FEE 35.50 A GOODLETTE, COLEMAN&JOHNSON, P.A. DOC-.70 501669.00 "\ 4001 Tamiami Trail North,Suite 300 COPIES 4.00 i Naples,FL 34103 Retn: \/ 2071.003/0;0Z GOODLETTE COLEMAN ET AL 4001 TANIAMI TR N 6300 NAPLES FL 34103 WARRANTY DEED THIS WARRANTY DEED, is made this I�>^ day of E, 2006, between VAN-DEV, INC.,a Florida corporation,and VANDERBILT-BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited partnership, collectively the Grantor, and VI PARTNERSHIP,LTD.,a Florida limited partnership,Grantee, whose postoffice address is 800 Laurel Oak Drive, Suite 300, Naples, FL 34108. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to s- ,�_!�� . hand paid by the Grantee, the receipt of which is hereby acknowledged, _ iii. r�_ ed and sold to said Grantee and Grantee's successors and assi• 1, er,the folio ' ribed property, situated, lying and being in Collier County, Flori•_, it: See Exhibit A a ch = n Z he ein. Parcel Identificatio. ber. 22870200 ,o SUBJECT TO: (a)ad valorem ar••r • -- • valor-•- • •.- 9 taxes for the year of closing and subsequent years; (b) zoning, b •i • - *_ - other use restrictions imposed by governmental authority; (c) outstanding • , gas and mineral interest(s), of record; (d) covenants, restrictions, reservations and easements of record or common to the subdivision. And said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has executed and delivered this warranty deed the day and year first above written. Warranty Deed Page No.1 of 3 12 OR: 4047 PG: 3799 1"","A. VAN-DEV, INC., a Florida corporation Signature of i Hess #1 2p 't By: , t` �ov�-` `�- J Ner d, Secretary/Treasurer Print Name of Witness #1 a-7--c -lagi--- 11 (CORP. SEAL) Signature of Witness #2 ) a f-;c;o. a S}-,t. r'G-n d Print Name of Witness #2 • STATE OF FLORIDA COUNTY OF COLLIER CO yyWR �j The foregoing instrument wa Oowledged before - 1 /`/°- day of 2006, b Jerry Nerad, as Secretary/T a - . • .i •- al if Va De Inc.,a Flo ration who is ✓ personal! (kn.w - i corporation, ho who produced Aik. Arr:-. psi( 111 1 „iv , �, ��_'' rte= PATRICIA A DE STEFAIf6. ►` i -\ �rju_ Js *: MY coM1A1SSI0N#DD. •'� ■ EXPIRES:July 6,.� Nota ,-F. • is�0 ao"d°""" f Print Nam CIE C C I Warranty Deed Page No.2 of 3 111 OR: 4047 PG: 3800 VANDERBILT-BEACH ASSOCIATES LIMITED PARTNERSHIP, a Florida limited 41-...4 partnership - Signature of Wi ness #1 LT'x '',^�•11�°.^w' By: TIMEMED LABELING SYSTEMS, INC. Print Name of Witness #1 an Illinois corporation, General Partner (CORP. SEAL) Signature of Witness #2 gy,� y a..y��©�_ �i}r;c_i o.�e5 e (c _n Bradt, President Print Name of Witness #2 0, R COLS V v ? k STATE OF FLORIDA ) \ COUNTY OF COLLIER The foregoing inst i w: : •. = - • : m: this/4 day of , 2006, by Jerry Nerad, - i• - i ' 1 �. 4 Med L-b-I Systems, Inc., an Illinois corporation,and as Gene Pa era • on •e If o-'an a •.ilt-Beach Associates Limited Partnership, a Florida lime ,=.• •-rtnership,who i rs•n- . .. o 1 • me or has produced .entification. `t II rl i----- I "."""tielk. PATRICIA A.DE STEFANO h ,, 71 MY COMMISSION I DD 220960 .•,,.• Notary Public, State of Florida (t J B°1dedTinijV°'o � My Commission Expires: ( ' Warranty Deed Page No.3 of 3 *** OR: 4047 PG: 3801 *** Exhibit A Lot 6, and the North 100.00 feet of Lot 5,Block A,BAKER CARROLL PONT,Unit No.2 as recorded in Plat Book 8,Page 62, of the Public Records of Collier County,Florida,being more particularly described as follows: Beginning at the Northeast corner of said Lot 6,run South 14°49'20"East 362.09 feet along the West right of way line of Gulf Shore Drive; thence North 89°52'20"West 580 feet more or less,to the Mean High Water Line of the Gulf of Mexico; thence Northerly 400 feet,more or less, along said Mean High Water Line to the North line of Section 29,Township 4 8 South,Range 25 East, thence South 89°52'20"East, 365 feet,more or less. along said Section line to the West right of way line of State Road S-846,thence South 14°49'20"E,41.40 feet along said West right of way line; thence South 89°52'20" East,217.29 feet along the South right of way line of said State road to the Point of Beginning. Ca • 0 l7_4 . 0 • • -CIE CIR //" COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ursula M. Ervin, Respondent(s) CEB No. 2007-60 DEPT No. 2005080978 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-60 Dept. Case No. 2005080978 Plaintiff, vs. URSULA M. ERVIN, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4921 Teak Wood Drive. SERVED: Ursula M. Ervin, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-60 vs. DEPT CASE NO.2005080978 Ursula M Ervin,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 of the Collier County Land Development Code,as amended, 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(i). 2. Description of Violation:Enclosed the bottom floor of a stilt home and added electricity without a Collier County Building Permit. 3. Location/address where violation exists: 4921 Teak Wood DR. 4. Name and address of owner/person in charge of violation location: Ursula Ervin 4921 Teak Wood DR 5. Date violation first observed:9-27-05 6. Date owner/person in charge given Notice of Violation: 10-5-05 Ursula Ervin n 7. Date on/by which violation to be corrected: 11-5-05 8. Date of re-inspection: 11-7-05 9. Results of Re-inspection: Violation still exists,prepared for CEB 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 the 14th.day of March , 2007 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and .'scribed before this 2 3 day of ��l a.,� ,2007 by Air Si ul ature of Notary •ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known XLCor produced identification Type of identification produced REV 3-3 05 I a *`acu17. :Sir::Qe.r'•,,,�,.,•� �� 2� C 1'HIiCN8:13f 9 Case Number 2005080978 �- COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION ondent Ursula M Ervin Date: 9/28/05 Investigator: Parick Baldwin Phone: 239-659-5756 Zoning Dist Estates Sec 4 Twp 49 Rng 26 Mailing: 4921 Teak Wood DR. - Legal: Subdivision Golden Gate EST Block 113 Lot 1 Unit 95 W Naples,FL 341190000 Location: 4921 Teak Wood DR. Folio 41831760002 OR Book 2152 Page 552 Unincorporated Collier Coun • • Violation: Pursuant to Collier County Code Enforcement Board Ordinance 92- 80 and 97-35,as amended,you are notified that a violation(s)of the following Sec.106.1.2 Certificate of Occupancy. codes exist: 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 Ord. 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) building until after the building official has issued a certificate of Building permit and certificate of occupancy compliance process occupancy, etc (Also found in Section 22, Article II of the Collier 0.10.02.06(B)(1Xa) Zoning action on building permits...no building or County Code of Laws and Ordinances) structure shall be erected,moved,added to,altered,utilized or allowed to exist without first obtaining the authorization of the required building Sec.1063 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 01063.1 Connection of service utilities. No person shall make connections from a utility source of energy,fuel or power to any building 010.02.06(B)(1)(d) Improvement of property prohibited prior to issuance or system which is regulated by the technical codes for which a permit is of building permit. No site work,removal of protected vegetation,grading, required, until released by the building official and a certificate of improvement of property or construction of any type may be commenced occupancy or completion is issued,etc prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other Ord.2003-37 Collier County Right-of-Way-Ordinance applicable county regulations. ['Sec. 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate,obstruct,or place any construction or other material,or perform ®10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any other work which disturbs the existing structure and/or compaction of any type,repairs or remodeling of any type that requires a building permit has soil in any right-of-way provided for public use in Collier County, been completed, all required inspection(s) and certificate(s) of occupancy including any public right-of-way maintained by Collier County within the must be obtained within 60 days after the issuance of after the fact pennit(s). boundaries of any municipal corporation,without first obtaining a permit for such work, etc(Also found in Section 110,Article II of the Collier Florida Building Code,2001 edition,as amended by Ordinance No.2002-01 County Code of Laws and Ordinances,Section 110-31.) Sec.103.11 Safety ®103.11.1 Unsafe Buildings or Systems. All buildings, structures, Other Ordinance/Narrative: electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress,or which constitute a fire hazard,or are Order to Correct Violation(s): otherwise dangerous to human like, or which in relation to existing uses, ®Must be in compliance with all Collier County Codes and Ordinances. constitutes a hazard to safety or health, are considered unsafe buildings or Apply for and obtain all permits required for described service systems. All such unsafe buildings,structures or service systems are structure/improvements: OR remove said structure/improvements, hereby declared illegal, etc (Also found in Section 22, Article II of the including materials from property and restore to a permitted state. Collier County Code of Laws and Ordinances Sec.104.1 Permit Application Must request/cause required inspections to be performed and obtain a 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 and/or rehabilitation of described unsafe being used as part of the building's designated occupancy(single or mixed)or building/structure/systems: OR remedy violation by means of permitted 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 regulated by the technical codes,or to cause any such work to be done,shall Violation(s)must be CORRECTED BY: November 5,2005 first make application to the building official and obtain the required permit for the work,etc Failure to correct violations may result in: 0104.135 Prohibited Activities prior to Permit Issuance. A building permit 1) Mandatory notice to appear in court or issuance of a citation that may (or other written site specific work authorization such as for excavation,tree result in fines up to$500 and costs of prosecution OR removal, well construction, approved site development plan, filling, re- 2) Code Enforcement Board review that may result in fines up to$250 per vegetation,etc.)shall have been issued prior to the commencement of work at day per violation, as long as the violation remains, and costs of the site. Activities prohibited prior to permit issuance shall include,but are c prosecuti n. not limited to, excavation pile driving (excluding test piling), well drilling, "(Alt_ formwork,placement of building materials,equipment or accessory structures de ur and disturbance or removal of protected species or habitat,etc.(Also found in ondent's Signature/f Date Section 22, Article H of the Collier County Code of Laws and P� ��✓�'�-� ,U• �• v S Ordinances) VVVV Investigator's Signature Date Violation(continued): Sec.105 Inspections 01055 Posting of permit. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises,etc • - • • • _•. - _ - - . _ . - - --- - -- _ 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 wore 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. LDC 10:81 �1 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. Ill] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. (. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to • alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit • application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit All applications for building or land l • 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. 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 '� G•00 Rona' l.aatn w: sett addressed anmped envelope, *** 2026109 OR: 2152 PG: 0552 *** �g(b'ty Name: :444 N Ttr If favlfsa moron to emu;aeons of mai COM, n Addteu:3733 Tried Teed sere t2/27/Ii at I1:171I 111I al I. NO![, Gif[ CPU 44111.11 74•1.,a 3396 kg ep Ire. This laentioieot Prepared by: SCOTTIE HOUCHIN pa,.11 441.11 of ACTION T[tfi tiZYlatd tlD: as a necessary incident so the fulfillment of conditions i CO caetaiesd in a this insurance commitment issued by it. f III IpN l !Il1 Properly Appraisers Parcel Identification(Folio)Number(s): 41831760002 Grantees)S.SJ(s): -.—MACE AIMS THIS WE POI PRO[7:iW0 DATA—.— — FILE NO: 96010127 WARRANTY DEED (The Nero' m'la r.,..►Y r o tenor o• su pars rr a.osa or OW r Or moo raa..r Mk Warranty Deed Made this 2113t day of February A.D.19 96 ,by SHARRON A. WHITACRE, A SINGLE WOMAN whose marital sums is: SINGLE herein called the grantor.whose post office address u: 4 921 1ST AVENUE NW NAPLES. FL 33 999 to URSULA M. ERVIN whose post office address is: 4921 1ST AVE. NW NAPLES, FL 33999 hareinsaar called the grantee. WCINESSETH: That said grantor.for and in consideration of the sum of 10.00 Dollars.sad other valuable coesideralioea. receipt whereof is hereby acknowledged,hereby grants, bargains, sells, aliens. remises, releases.conveys and confirms new she grantee,all that canals had awe in COLLIER County.Florida.via: THE WEST 75 FEET OF THE •= I OF TRACT 113, GOLDEN GATE ESTATES, UNIT NO. 95, A4' �,► rte rs_ •LAT THEREOF, OF RECORD IN PLAT BOOK '1, PAGE s: PUB • •RDS OF COLLIER COUNTY, FLORIDA. C):CC 0 ti This property Ns(YY 1I the homestead e). C) 'TOGETHER HER wah all the meeemeau.be , • —_ beging or DI anywise appertueeg. To Have mad to Hold,the same in fcc "." . C the grantor hereby covenants with said grantee , wfdy seized of said laid io fee simple: she the grow has good right and lawful authority to sell and convey said land: that Abe grantor hereby fully warmest the site so said had and will defend die same against the lawful claims of all persons whomsoever: and that said teed is free of all escombraoces. except rues seaming subsequent so December 31,19 9 5, reservations.restrictions and easemeati of record,if any. IN WITNESS WHEREOF,Grantor has heron so set grantor's hand and seal the day sad year that above writes. Sigma.Sealed and fxtiverd ia Wises !/ ns Slone ...37s Whasas Primed Naar: ANN HOUt:iiIN ON A. I ACRE Wines Si.Nan: Whew Hirt Name / tee. .....y Moms Syawp: / t Wimps Hurd Naas: •NtsEUOUE GOODRICH Wllwa Sipasue: t Wars!Awed Hair STALE OFF FLORIDA COUNTY OP COLLIER ,• The finegoiog•asama net was acknowledged before me this 21st day of February .19 96 by SHARRON A. WHITACRE, A SINGLE WOMAN 1_rfC who liars personally known to no or who has/have produced f-La► 9 A V S as d..dAeadoa ,rgfnaf0intf ,., �'•L - a Satin R"_ Makfierrsslrg $. I Noisy Pablie .-..IN l f;)JCH •,' hmretaswsrrruagstar.rris /3. W • Zoning Director is authorized to reduce the setback requirements from the inside edge of the private road, provided such reduction is not greater than 25% of the required setback. 4) Maximum Height of Structuress Thirty-five (35) feet. ..y 5) Minimum Floor Area of Structures: One thousand (1,000) 17! square feet. 6) Distance Between Structures: None, or if separated Fifteen (15) feet or onehalf (k) the sum of the heights of the adjacent structures on the same lot, whichever is greater. d. Signs: As permitted in Section 8.31. e. Minimum Off-Street Parking and Off-Street Loading Require • ments: As required in Section 8. J;. f. Minimum Landscaping Requirements: As required in Section 8.30. g. Required Landscaped Buffer Area: When abutting residentially zoned land as required in Section 8.37. h. Fence Requirements: When required a fence shall be of masonry or wood, or other material approved by the Zoning Director, at least seven (7) feet in height above ground level for all uses not contained in an enclosed building. In all cases of junk yards, said fence or wall should be of such construction so as • to completely conceal and block the fenced materials from the view of neighboring land owners and passersby, and shall meet • all rules and regulations concerning zoning and construction in Collier County. See Section 8.33. 7.27. (PUD) PLANNED UNIT DEVELOPMENT DISTRICT: a. Intent and Purpose: The intent and purpose of establishing =t. t' the Planned Unit Development - PUD - District is to provide an optional alternative zoning procedure so that planned develop- .' 41 • Bents may be instituted at appropriate locations in the County s. in accordance with the planning and development objectives of the County. IS is the intent and purpose of these PUD regula• • tions to encourage, as well as permit, land planners, archi- tects, engineers, builders, and developers to exercise ingenu- ity and imagination in the planning and development or re- development of relatively large tracts of land under unified 60ao 0i4 PACE BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-60 DEPT NO. 2005080978 Ursula Ervin Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ursula, on behalf of herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005080978 dated the 26th day of July, 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 July 26th 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of the Collier County Land Development Code 04-41 and are described as Enclosed bottom floor of a stlt home and added electricity without Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$481.90 incurred in the prosecution of this case. 2) Abate all violations by: Violation was abated on July 24th , 2007. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Michelle Arnold, Director Code Enforcement Department y � - al 14 7 Date Date REV 2/23/07 faDe.,A 04E-I--ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-60 vs. URSULA M. ERVIN, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Ursula M. Ervin 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 4921 Teak Wood Dr.,Naples,Florida 34110, Folio 41831760002 more particularly described as The West 75 feet of the East 180 feet of Tract 113,GOLDEN GATE ESTATES,Unit No. 95,according to the Plat thereof,of record in Plat Book 9,Page 45,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)(i) in the following particulars: Two additions made to the mobile home without permits. One of the additions contains two rental units and the conditions observed inside are unsafe and unsanitary. 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)(I)(a)and I0.02.06(B)(I)(d)(i)did exist,but have been abated. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$481.90 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this, day of '�'j ,2007 at Collier County, Florida. I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY d��`� Gerald Lefebvre/Vice Cha> 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) V The foregoing instrument was acknowledged before me this-)v day of 2007, by Gerald Lefebvre,Vice Chair f the Code Enforcement Board of Collier CountFlorida,who is personally known to me or who has prod lor'da Driver's License as identification. /2( y • Kerr' DD287608 NOTAR PUBLIC My My commission expires: ‘0,03, Expires March 30,2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o his ORDE' been;ent by U. S.Mail to Ursula M. Ervin,4921 Teak Wood Dr.,Naples,Florida 34110 this .3(/ day • .„„Aid, ,2007. p i _ M.Jean Raws' ,Esq. Florida Ba o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 Ataxe of FLORIDA aouniy of COLUER I HEREBY CERTIFY THAT thgs Is a true M correct copy ot_a document on,file In .inard"Minutes' m! Collier County vili.TNESS my, 1-1 , ± „ seal this /*- day of OW ' T E. BR C CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-60 Ursula Ervin DEPT NO. 2005080978 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ursula, on behalf of herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005080978 dated the 26th day of July, 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 July 26th 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of the Collier County Land Development Code 04-41 and are described as Enclosed bottom floor of a stit home and added electricity without Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$481.90 incurred in the prosecution of this case. 2) Abate all violations by: Violation was abated on July 24th , 2007. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Michelle Arnold, Director Code Enforcement Department - 1? 7-1-G • 07 Date Date REV 2/23/07 fack_A - CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-60 vs. URSULA M. ERVIN, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Ursula M. Ervin 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 4921 Teak Wood Dr.,Naples,Florida 34110,Folio 41831760002 more particularly described as The West 75 feet of the East 180 feet of Tract 113,GOLDEN GATE ESTATES,Unit No. 95, according to the Plat thereof,of record in Plat Book 9, Page 45,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a)and I0.02.06(B)(1)(d)(i)in the following particulars: Two additions made to the mobile home without permits. One of the additions contains two rental units and the conditions observed inside are unsafe and unsanitary. 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)and 10.02.06(B)(1)(d)(i)did exist,but have been abated. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$481.90 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this -t`.�r day of .\�j ,2007 at Collier County, Florida. J CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA ry 1 BY. r4A ?� -/„�, e_ti/('t Gerald Lefebvre/Vice Chat 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ir The foregoing instrument was acknowledged before me th s)u day of , 2007,by Gerald Lefebvre,Vice Chair f the Code Enforcement Board of Collier CountFlorida,who is personally known to me or who has prod i lor'da Driver's License as identification. d , Kam Flan NOTA PUBLIC • jMy Commission DD287608 My commission expires: %.,„"it, o" Expires March 30,2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy oghis ORDE• . been;ent by U. S. Mail to Ursula M. Ervin,4921 Teak Wood Dr.,Naples,Florida 34110 this / day • ,..`, ,2007. A Ai _ M.Jean Raws' ,Esq. Florida Ba ,o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 4tate of FLORIDA :aunty of COLLER I HEREBY CERTIFY THAT Ms Is a#n!b WWI correct copy Oa document on.fila In Tnard Minutes .- .-t f►Colttcr County . W T'iESS my h:� ;I ,. seal this 1 day of OW ' •T E. BROC., CLERK OF COURTS to. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-60 DEPT NO. 2005080978 Ursula Ervin Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ursula, on behalf of herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005080978 dated the 26th day of July, 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 July 26th 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) of the Collier County Land Development Code 04-41 and are described as Enclosed bottom floor of a stlt home and added electricity without Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$481.90 incurred in the prosecution of this case. 2) Abate all violations by: Violation was abated on July 24th , 2007. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 7 Respondent Michelle Arnold, Director Y- 4?-6 Code Enforcement Department 1.2G • 0 Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Cynthia Gonzales, Respondent(s) CEB No. 2007-61 DEPT No. 2006090156 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 2 Notice of Violation Copy of Applicable Ordinance 3-5 Deed 6-15 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-61 Dept. Case No. 2006090156 Plaintiff, vs. CYNTHIA GONZALES, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 405 New Market Road, Immokalee, FL 34143 SERVED: Cynthia Gonzales, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-61 DEPT CASE NO.2006090156 Cynyhia Gonzales,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s04-41,The Land Development Code 10.02.06[B][2][a], 10.02.06 [B][2][d][ix]and The Property Maintance Code,2004-58, 16[2][j]. 2. Description of Violation:Erection of signs without County permits. 3. Location/address where violation exists: 405 New Market Rd,Immokalee,Fl 34143 4. Name and address of owner/person in charge of violation location. Cynyhia Gonzales, PO Box 961,Immokalee Fl 34143-0961,(folio 63867120005). 5. Date violation first observed: September 1st,2006 6. Date owner/person in charge given Notice of Violation:March 1st,2007 7. Date on/by which violation to be corrected:March 30th,2007 8. Date of re-inspection: May 8th,2007 9. Results of Re-inspection:Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a . �blic hearing. 23'.° Dated this.Day of7'1c 1,2007 Kitche I Snow STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this day of 11 T 2007 by NotaARLENE G.SERRANO (Signa e of Notary Publi (Print/Type/St.�u State of Florida Personally known or produced identification Name of Notary •u c DM March thru March 04,2009 Type of identification produced 1st State Insurance REV 3-3-05 2 .YiC{\u{{IYCI LUVOU7U I.7O COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Date: 2//23/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 CYA 'JI�AiGOj+YZi;1ES`= -s=:, [PROPERTY OWNER] CYNYHIA GONZALES [BUSINESS] Zoning _ Sec 03 Twp 47 Rng 29 Dist aitingrr, kBOX 961 Legal: Block 55 Lot 1 IMMOKALEE FL 34143-0961 Subdivision PO BOX 961 IMMOKALEE FL 34143-0961 Location: 405 NEW MARKET ROAD EAST Folio 63867120005 OR 2597 Page 82 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS the above-described location. FOR DESCRIBED SIGN(s) IF ATTAINABLE,OR REMOVE. ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY 0Ord No. 04-041, as amended Section 10.02.06[B[[2][a] MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF ID Ord No. 04-041 ,as amended Section 10.02.06[B[[2][d] AFTER THE FACT PERMITS. [ix]] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN pr,k1 No. 2004-58,as amended Section 16[2][j] THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND No. ,as amended Section DEVELOPMENT CODE. [, .No. as amended Section FISupplemental attached El Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: March 30th 2007 Did Witness: ON 8/31/06 1- FREE STANDING POLE SIGN LOZANO'S Failure to correct violations may result in: RESTAUURANT, BREAKFAST, LUNCH, AND DINNER AND 1-WALL 1) Mandatory notice to appear in court or issuance of a citation that SIGN LOZANO'S RESTAURANT INSTALLED PRIOR TO OBTAINING may result in fines up to$500 and costs of prosecution. OR REQUIRED PERMITS, AND DOES NOT COMPLY WITH THE • 2) Code Enforcement Board review that may result in fines up to PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT $1000 per day per violation, as long as the violation remains, and CODE AND THE PROPERTY MAINTENANCE CODE FOR THE costs of prosecution. UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: nSupplemental attached, ,� _ .. �' „`7,, -1,,.,,, ;:� :; ❑Personal Service Certified Mail ❑Posting of Property ❑Fax [Nail 7. Y t l+ kf M ,T----477-,.4°. .. Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR Print 2800 No.Horseshoe Dr.Naples, FL 3411 (239) 403-2493 iho - 39 403-2343 Dated this 29TH day of DECEMBER 2006 � • Investigator signature _ ,VIOLATION STATUS: r klInitial ['Recurring ['Repeat Notice of Violation C)ripinal to File Craw to Re_cnnndent C'.onv for Site Poctina C'.nnv for Official Poctinv Rev 4/04.2 uaro - 1I eK oG k_,onri m Page 1 of 1 Mt/TEDSTATES l� SD Home I Help k?�—V.4.4 �" .4i 4 '1+,4ka'a d d't a 1%. Track&Confirm Track & Confirm Search Results Label/Receipt Number:7006 2150 0005 6165 5627 Status:Delivered Track&Cat '&itt Your item was delivered at 11:05 AM on March 1,2007 in IMMOKALEE, Enter LabeUReceipt Number. .. .Labe Ree FL 34143. Additional Details i (Ratan I UUSi giant Horne a.) won Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. ia; POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright©1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy http://trkcnfrml.smi.uses.com/PTSlnternetWeb/InterLabellnquiry.do 4/6/2007 1. SENDER: COMPLETE THIS SECTION COMPLETE THIS-SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete • ature 1::1 Agent item 4 if Restricted Delivery is desired. 0 Addressee • Print your name and address on the reverse _ so that we can return the card to you. B. Received by(Printed Name) C. Date.f i-livery • Attach this card to the back of the mailpiece, ,� / ( " or on the front if space permits. ■ Yes D. Is delivery address different from item 1? 1. Article Addressed to: If YES,enter delivery address below: 0 No GON-ZALEZ, CYNYHIA I v PO BOX 961 IOKALEE, FL 34142 3. Service Type 2006090156 CertifiedMall ❑ Express Mail Case Nbr 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2 7006 2150 0005 6165 562? Oki faC 3 . -30 (� q3 PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-1540 U.S.Postal Service Titt CERTIFIED MAIL, RECEIPT f`• (DomesticMai!Dnly,No/nstirance:CoverageProvided) Iv tJ7 Fnrdeli very information visit(ourivebsite'atwww.uspscom,. '. OFFICIAL USE —a Postage $ Oti\j ..0 Certified Fee Return Receipt Fee rk Here O (Endorsement Required) Restricted Delivery Fee I= (Endorsement Required) • t-) r• Total F GONZALEZ, CYNYHIA -0 Sent To PO BOX 961 O Street r1 IMMOKALEE, FL 34142 tti orPOa City,Sta Case Nbr - 2006090156 PS.Form 3SUU August2q.06 - - `see Reverse•for Instructions 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. 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 districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. GeneraL Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. if the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be /r7. 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. I r { ••' { /til34 6, 0 NCI DU J �'� A ORDINANCE NO.200458 % UL A . ORDINANCE ESTABLISHING A PROPERTY s'e'n 00' MAINTENANCE ezaZLZoif' OF COLLIER COUNTY,O AREA NTY, FLORIDAv; PROVIDING A TITLE; • PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR . INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING -, . FOR NUISANCES; PROVIDING STANDARDS FOR SECURING rr'1' BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING As-' crn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY v THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING F; N ,r FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING ".o rrl COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- or-T' u, 58;PROVIDING FOR PENALTIES;PROVIDING FOR LIBERAL EV- CONSTRUCTION; PROVIDING FOR INCLUSION IN THE n°r i — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and •• WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 • /9. 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES.AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 12i 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. 4 m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior remises shall be kept free from the excessive P p growth of weeds,grass and other flora. 18 I' . c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. • d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g- The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and "'"""\ maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 /51 2538097 OR: 2597 PG: 0082 F • nom to oinen& noun et count costa, n IIl1111l1! it N:1711 NIM 1. NOR, Cul FOR OFFICIAL USE ONLY: 22111'11 PARCEL # 63867120005/63867160007 MC .0 31.14 OOC-.11 tslLN THIS INSTRUMENT PREPARED BY: ' PAT REGAS NttNNt TItLI AFTER RECORDING RETURN TO: !N I ti1111K FLEETWOOD TITLE CORPORATION LtQ011t1! !1. 2!!!i 904 LEE BLVD. , SUITE 106, LEHIGH ACRES, FL 33936 REC $ O RPTT $ COPY $ CERT. $ INDEX $ TOTAL $7ssw.s'G PAGE 1 OF 2 THIS WARRANTY DEED FTC-40176-PR �`� � � Made the a/ dad, • .=��y%� . ' • , A D. 999 by UNIDAD, INC., A ' = • ' •• O .AP4.AP TION hereinafter called nth ° • nt. , acquiring title th . $1-44 r, o•ded in 0. R. Book 958, Page 1609, 0. R. :eo Ia01 :7 if t e public records of COLLIER County, ,RI.1 r d• (, \ to CYNTHIA GO Ed whose post offi.e -ddress is: P. O. BOX 961 IMMOKALEE, FL 341 C) herein called the e: (wherever used here • - •r" and "grantee" include all the parties to th = T- d the heirs, legal representatives and assign= • dividuals, and the successors and assigns of corporations) WITIU8=TH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, receipt whereof is hereby acknowledged, conveys and confirms unto the grantee, all that certain land situate in COLLIER County, Florida, viz: LOTS 1 AND 2, BLOCK 55, NEWMARKET SUBDIVISION, ACCORDING TO THE PLAT THEREOF IN PLAT BOOK 1, PAGES 104 AND 105, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS IS A COMMERCIAL PROPERTY *** OR: 2597 PG: 0083 *** PAGE 2 OF 2 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1998. Subject to easements, restrictions, reservations, conditions and limitati• = •_� Tee• • in the public records of COLLIER County, Flor' — . IN WITNESS WHEREOF . - said grantor as signed and sealed these presents the day -nd year-first above it en. Signed, sealed a d e nc -4.A `� P 41., IIC. , A DISSOLVED FLORIDA WITNESS VI CO; '(_' • EN s �£�4.I It C LS PRI .:D 17:7 OF W . •1 • Or • -CIA, PRESIDENT LS WITNESS (TWO SEPARATE 4TNIM1ORA AY. 'i, VICE PRESIDENT REQUIRED 1213 LEE ST. Ai¢ /Cb ,1'. ie •(,-; IMMORALEE, FL 33934 PRINTED NAME OF WITNESS STATE OF FLORIDA COUNTY OF COLLIER The foregoi i trument was acknowledged before me this .t/ day of , 1999 by MARY ANN GARCIA AND NORA AYALA, PRESIDENT V E-PRESIDENT, RESPECTIVELY, AS THE LAST DIRECTORS OF UNIDAD, INC. A DISSOLVED FLORIDA CORPORATION, who are personally known to me and did produce acceptable identification being in the form of )=1. 04. • and who did understa-- the body of this instrument and did sign this instrume o their own fr-e act and deed. `��`Qp•4N ppN'.y'* ' ;02 Notary Seal) N•tary Publ c -' ; My Commission Expires: :* rCC827330 :p PRINTED NAME OF NOTARY PUBLIC ," •ST• ,•,,,�``�\ /7 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-61 DEPT NO. 2006090156 Cynthia Gonzales, Respondent(s), STIP LATION/AGREEMENT • ., S NO th: unders'•ned, , on behalf of himself or as representative for esnt and enters into this Stipulation and Agr ment with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) and are described as Violation of Ordinance 04-41, The Land Development Code, and sections 16[2][j] , 2004-58 The Property Maintenance Code, Signs without Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$340.48 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain permits for all non-permitted signs (pole and wall) or remove. All signs must have a complete and sufficient sign application submitted to the County within 30 days of this hearing or a fine of$150.00 a day will be imposed until submittal process is complete. Upon issuance of sign permits, all inspections through certificate of completion (CO) must be accomplished within 60 days of the date of the permit issuance or a fine of$150.00 a day will be imposed until the CO process is completed. . 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign that does not have a proper permit. IP d�.,1. t4 f/l 4R pondent Miche ° Arnold, Direct r Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-61 • vs. CYNTHIA GONZALES, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD TI-IIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Cynthia Gonzales is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing,by her mother,Laura Lavanio,and 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 405 New Market Road,Immokalee,FL 34143,Folio 63867120005 more particularly described as Lots I and 2,Block 55,NEWMARKET SUBDIVISION,according to the Plat thereof 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)(2)(a)and I0.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,Section 16(2)(j) in the following particulars: Erection of signs without County permits. 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, I0.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code, Section I6(2)(j),did exist, but have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$340.48 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \ day of5,\U ,2007 at Collier County, Florida. COD ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 44 31/4/ n Gerald Lefebvr,,Vice Chair r 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of I�' 2007,by Gerald Lefebvre,Vice Chair of the Code Enforcement Board of Collier County, lorida,who is personally known to me or who has produced a Florid. iver's License as identification. Kerti L My Corrosion DD287898 NOTA• BL C Ne Exam March 90,2008 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correctty of this O' ► .R has yen sent by U. S. Mail to Cynthia Gonzales, P. O. Box 961, Immokalee FL 34142 this / day of `� ,2007. I M.Jean ' . son,Esq. Florida :.r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 Mare 01 F LORIUA :ounry,of.COLLIER I,HEKBy CERTIFY THAT this Is a true and correct copy of a,accument on,file in Board Minlites-c*tl of Colder County WITNESS ;�` l �^ l this I - day of ,Z IAi E. BRQCK, CLERK OF COURTS 116, • o.C, �✓ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-61 DEPT NO. 2006090156 Cynthia Gonzales, Respondent(s), STI PLATION/AGREEMENT • , S NO / th: unders.•ned, 4 / tVA / ' "A . / on behalf of himself or ' as representative for espondent and enters into this Stipulation and Agr!ment with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) and are described as Violation of Ordinance 04-41, The Land Development Code, and sections 16[2][j] , 2004-58 The Property Maintenance Code, Signs without Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$340.48 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain permits for all non-permitted signs (pole and wall) or remove. All signs must have a complete and sufficient sign application submitted to the County within 30 days of this hearing or a fine of$150.00 a day will be imposed until submittal process is complete. Upon issuance of sign permits, all inspections through certificate of completion (CO) must be accomplished within 60 days of the date of the permit issuance or a fine of$150.00 a day will be imposed until the CO process is completed. . 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign that does not have a proper permit. A:SAEIr- .07-e R- pondent Miche Arnold, Direct r Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Florida Motorsports LLC ,Respondent(s) Sean P. Zola, Registered Agent CEB No. 2007-62 DEPT No. 2007040576 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-62 Dept. Case No. 2007040576 Plaintiff, vs. FLORIDA MOTORSPORTS, LLC SEAN P. ZOLA AS REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 6329 Naples Blvd. SERVED: Florida Motorsports, LLC Sean P. Zola as Registered Agent, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-62 vs. DEPT CASE NO.2007040576 FLORIDA MOTORSPORTS,LLC, SEAN P.ZOLA, As Registered Agent:(Respondent) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s04-41,Land Development Code,as amended, Sections,5.04.05 [A][1], 5.04.05[A][2] 2. Description of Violation:Banners displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 6329 Naples Blvd. 4. Name and address of owner/person in charge of violation location. Florida Motor Sports, Sean Zola,As Registered Agent: 1851 Pine Ridge Road,Naples,Fl 34109. 5. Date violation first observed:April. 136.2007 6. Date owner/person in charge given Notice of Violation:April 306,2007. 7. Date on/by which violation to be corrected:May 306,2007 8. Date of re-inspection: May 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 .-.lic hearing. Dated this. 6TH Day of JUNE,2007 Krwr Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 6TH day of June ,2007 by (Signs a of Notary Public) (Print/Type/Stamp Commissioned �.� ✓/ N•2z' nfNntary Public) Personally known or produced identification MARLENE G. SERRANO Type of identification produced Notary Public,State of Florida Comm No DD 401145 My Comm expires March 04,2009 Bonded thru 1st State Insurance 2. Lase Number 'LUU/U4UJ/O COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Over: SEAN P ZOLA Date: 4/26/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AS REGISTERED AGENT FOR: FLORIDA MOTORSPORTS,LLC [PROPERTY OWNER] Zoning PUD Sec 11 Twp 49 Rng 25 Dist Mailing: Legal: 3489 Block Lot 1851 PINE RIDGE ROAD Subdivision NAPLES FL 34109 Location: 6329 NAPLES BLVD Folio 66760010060 OR 3922 Page 232 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s) and or PUD Regulation(s)exists at action(s) the above-described location. OBTAIN (2) TEMPORARY USE PERMIT FOR SAID BANNERS. DATES STARTING 4/13/07.AFTER THE FACT FEES ARE TO APPLY. El Ord No. 04-41,as amended Section 5.04.05[A][1] CEASE ALL FUTURE PLACEMENT OF SIGNS/ BANNERS OTHER ID Ord No. 04-41,as amended Section 5.04.05[A][2] THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. 12;1134 No. as amended Section flSupplemental attached E. No. ,as amended Section [, .,No. ,as amended Section ❑Ord No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: MAY 2007 Did Witness: ON 4/13/07-2-BANNERS,COPY READS FUTURE HOME OF FLORIDA Failure to correct violations may result in: SPORTS, ATTACHED TO CONSTRUCTION FENCE IN FRONT OF 1) Mandatory notice to appear in court or issuance of a citation that PROPERTY DISPLAYED WITH OUT OBTAINING REQUIRED may result in fines up to$500 and costs of prosecution. OR PERMIT(S) VERBAL WARNING HAS NOT RESULTED IN 2) Code Enforcement Board review that may result in fines up to COMPLIANCE. $1000 per day per violation, as long as the violation remains, and THIS IS CONTRARY TO THE COLLIER COUNTY LAND costs of prosecution. DEVELOPMENT CODE AND THE PROPERTY MAINTAINCE CODE AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. S .VED BY: /��¢ersonal Service ❑Certified Mail ['Posting of Property [Supplemental attached ORDINANCES ❑Fax ■Ma' Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ,y r / ENFORCEMENT KITCHELL T.SNOW /�"�/f� INVESTIGATOR Print 2800 No. Horseshoe Dr.Naples,F 104 • (239) 403-2493 ax:(239)403-2324 Dated this() day WO L 2007 of Investigator signature "LATION STATUS: [E]Initial ❑Recurring ❑Repeat Notice.of Vinlatinn Original to File ('.nnv to Recnondent (:nnv for Site Poctine Cony for Official Pnctinv Rev 41(14 .3 5.04.00 TEMPORARY USES AND STRUCTURES Page 6 of 11 approval shall require a CSP which addresses the requirements of section 5.04.04(C) of this Code. Temporary use permits for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s). C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four (4) parking spaces for the first model unit and one and one-half (1.5) spaces for each additional model unit (for dimensions see section 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-wayand the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any , .. In•, _ _1 _ . I _ 1 IT t7. 11 /v In i I•n . ..� �� // •. 5.04.00 TEMPORARY USES AND STRUCTURES Page 7 of 11 calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annualleases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage . In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A) (5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. /')L/All ^1 Pi innn^r ��. 5.04.00 TEMPORARY USES AND STRUCTURES Page 8 of 11 e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churchesand other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. '-` 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 3. The applicant shall provide a notarized letter from the property owner or the property manager granting permission to utilize the subject property for the temporary seasonal sale. 4. Temporary use permits for seasonal and/or holiday sales may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage In addition to the placement of signs, merchandise, temporary structures, and equipment may be placed on the site. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this Code and shall be subject to the penalties herein. r/NM/mrr/T1nrV; /1 144')/1/16/441 3/12/2007 7, 3726597 OR: 3922 PG: 0232 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/03/2005 at 11:46AN DWIGHT B. BROCI, CLERK CONS 1500000.00 RBC FIB 27.00 DOC-.70 10500.00 (I i Retn: \ SQUIRE SANDERS R DEMPSEY \r�. 'J 201 NORTH FRANILIN ST #2100 TAXPA FL 33602 Prepared by and return to: Squire, Sanders&Dempsey L.L.P. One Tampa City Center 201 N. Franklin Street, Suite 2100 Tampa, Florida 33602-5813 Space above reserved for Clerk's office Grantee's Tax Identification No.: Folio No.:a/700/00174 f COO- S ' n.tb v WARRAN THIS SPECIAL WA*" • ■•T;Y-DEE1 mace is � da of 11/4-i011eighe 2005, between NAPLES PLAZA LIMITER P• •TNER ` : Florida limit-d p' rtnership, having an address at 38400 North Woodwa . - t'40° a 'ills, Michigan 48304 (the "Grantors"), and, FLORIDA II • O' '• I. 'da limited liability company, having an address at 1851 P' a . 1..°o:.o- • •..- to I F e "Grantee"). WITNESS : C.d That the Grantor, for and r y:- tion a le,o. • of Ten Dollars ($10.00) and other good and valuable consideration, to i '• -. i€p - eipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, a ien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Collier, State of Florida, as more particularly described in the Exhibit A annexed hereto and by this reference made a part hereof. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO real estate taxes for 2005 and all subsequent years, and all declarations, covenants, easements, restrictions and other matters of record pertaining to the Property. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. COLT:MBL S 452449.1 7 • • OR: 3922 PG; 0233 And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor,but not otherwise. IN WITNESS WHEREOF,the Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized,the day and year first above written. WITNESSES: "Grantor": NAPLES PLAZA LIMITED PARTNERSHIP, a Florida limited 7 partnership / /‘// By: NAPLES PLAZA, INC., V Florida corporation,its general / • t Name: 'J'A.at M. Tt.),,,Sa,■ partner /kt AK-0 // ,, 1 -1,�1. R Print Name: V t e a-rt'P . y: ( . D. 'el J.Aronoff,President STATE OF I•41 C N t - r .1 1 \-) COUNTY OF / , ' u .c.— \ v -P - /0 The foregoing instrum . acknowledged be-. e this d(t-r4.4 day of& 662 2005, by Daniel J. Aronoff, as - ,rt- - of Naples • . c., a Florida corporation, general partner of Naples Plaza Limited •..•,i :��i. >u�d united partnership, on behalf of the corporation and the limited partnership, rho- N ersonally known to me or ❑ has P roduced as identification. a .` 1 c4 NOTARY PUBLIC ;,_.';`1 ,-, Name: �i E S-rz fi r. A fat 2tjr)A�-l_1) _ '•`. 'v- T' Serial No. FJ/A I�-. ,1 241-;?s My Commission expires: ►D ( l3 bap t i Vic :: ..- -.' :'a- . .,; ,":: .", '�r Kristine A. MacDonald Notary Pubric Oaldand County My Commission Expires on 1011312011 ('(/1 l'M}31'ti 452-149 1 2 le •• •• *** OR: 3922 PG: 0234 *** Exhibit A Legal Description of Land Sketch & Description LEGEND PORTION OF LOT 1, PINE AIR LAKES, UNIT 3A V.' pt &arm ilk:u01,1R Y14Y�/ ..e..... 763.40. N 6Pt6•YY E 3 265.11. N 3726.22.E 40635. N 68'2872'E s .. IT1TnlJrl 1F Raiff o °' a. bow t P1E - _� REN MOOt LOT 1 4 0 4- ■ POROON OF as LOT 1 • A PORTION OF LOT 1, PIE AIR LAKES. I I :2:•-•••: PLAT BOOK 35. r 0'4 - ' ' ` .:.• I FLODA �j�a i o POINT OF BECOMING f /C WEST CORNER OF LOTH 1. - l° s LAKES (n 265.11 FEET. N 86.28' -"E / , 7i ` MENKE • - , a '8.23'11 ,�' �ti 465 49 FEET. S , AN MC RADIUS 11• a ''''."••• i re a • 1 _ �N 46'55 y11; _ . 17. a. N 43'51. . L-' THENCE 167.25 1 4351' •M - TO THE PONT OF :..,- CONTAM4G 101485 � . I W R 116625 C 29.10 02,-, Y CH 2910 C8 N 65742.E £r CA-V Ji T.v� • �R •7184,25 4 m '[`1 Tan 83 awl= iw Dlen=28.46' J �A° 'r• Chord S 7434'5111. 421.04' �!± aorws f S� OR 11•1•1 �l,/ l LL/�e� 1 R n 40.0 -/�� //..5-- L 9644 ter noq 11 W 46.06 NAM MM++-- D!o OSM.S's2 v,,,ymar,!s.�„N,K„ - Chard S 67d4253w, 6600 IMO>K Of A ROM MONO NAM NO WM M t NWANisiIMMOOi MMMOBWIMIDIMMW O-OYNA41r■d71i K tMN4 ` �Mf+it If MOW. Sketch & Description MET HATTON ~.- ' PROP38eONAL E.UID 8IIBTITOR 1..� Mt OM Anna 1i-lta 710111D&Ww 7 I....%1 t i.r C'OI.UMI3L IS 452449.1 . . _. _ ._ f.. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-62 DEPT NO. 2007040576 Florida Motorsports LLC, Respondents(s) Seam P. Zola (Registered Agent) STIPU ION/AGR ENT COMES • , th- and�,r�i•ned, "1 � � , on behalf of himself or /�'lOiur #∎ a"s�representative � . A� r Respondent and enters into this Stipulation and Agreement with Collier County '.s o the resolution of Notices of Violation in reference (case) number 2007040576, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.04.05[A][1] and 5.04.05[A][2] and are described as Violation of Ordinance 04-41, The Land Development Code. Banners displayed without first obtaining a required County issued Temporary Use Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 269.29 incurred in the prosecution of this case. 2) Abate all violations by: A . Submit for one (1) permit within 7 days from the date of hearing for the banner displayed on said property or a fine of$250.00 a day will be imposed until said permit is obtained. Start date for permit is from April 15th, 2007 to May 21St, 2007. After the Fact permit fees are to apply for permit. Cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign 4,---(51. R- Michelle Arnold, Director (IP Code Enforcement Department REV 2t23/06 Pcam- l B [*fir CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-62 vs. FLORIDA MOTORSPORTS,LLC Sean P. Zola, Esq., Reg. Agent Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Florida Motorsports, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,Sean P. Zola, 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 6329 Naples Blvd.,Naples, Florida, Folio 66760060 more particularly described as(see attached legal)of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 5.04.05(A)(1)and 5.04.05(A)(2) in the following particulars: Banners displayed without first obtaining required temporary use permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation 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 5.04.05(A)(1)and 5.04.05(A)(2)be corrected in the following manner: 1. By submitting an application for a permit within 7 days(August 2,2007)for the banner displayed on the property. Start date for the permit is from April 15,2007 to May 21',2007. After the fact permit fees are to apply for permit. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 7 days (August 2,2007), then there will be a fine of$250 per day for each day until the permits are obtained. 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$269.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. f DONE AND ORDERED this 7( day of L1(') ,2007 at Collier County, Florida. I CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA i' BY: A /,4 'IVL& Gerald Lefebvr Vice Ch i'r 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Yh The foregoing instrument was acknowledged before me this day of S,..1 /" 2007,by Gerald Lefebvre,Vice Chair 9f the Code Enforcement Board of Collier County,Florida,who is personally known to me or X who has produce. a -I+rida •river's License as identification. pi% Kehl L Hall // My Commission 00287098 b NaO Ewes Merck 30 2008 NOTAR P :LIC 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 Florida tors rts, LLC, Sean P. Zola, Reg. Agent, 1851 Pine Ridge Road,Naples,FL 34109 this s/day of ,2007. A)1?'.14tl V M.Jea son, Esq. Florid No. 750311 Mate oi FLORIDA Attorney for the Code Enforcement Board COLLIER 400 Fifth Avenue S.,Ste.300 `ta' of COL Naples, Florida 34102 I HEREBY PERTIR THAT this Is 8 true and (239)263 8206 correct it* bThilat)trcnt on,file to Board Minutes a^4 f`: , of 0.:Ilier County WiTi4ESS any n; f ro y ,;; 1 this 1 day of DI T E. BROGK, i,Ei K OF COURTS i.5 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-62 DEPT NO. 2007040576 Florida Motorsports LLC, Respondents(s) Seam P. Zola (Registered Agent) STIPU ION/AGR ENT COMES • , th- and r i•ned Cl v1 ©/� � on behalf of himself or rMwity as representative r Respondent and enters into this Stipulation and Agreement with Collier County s o the resolution of Notices of Violation in reference (case) number 2007040576, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.04.05[A][1] and 5.04.05[A][2] and are described as Violation of Ordinance 04-41, The Land Development Code. Banners displayed without first obtaining a required County issued Temporary Use Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 269.29 incurred in the prosecution of this case. 2) Abate all violations by: A . Submit for one (1) permit within 7 days from the date of hearing for the banner displayed on said property or a fine of$250.00 a day will be imposed until said permit is obtained. Start date for permit is from April 15th, 2007 to May 21St, 2007. After the Fact permit fees are to apply for permit. Cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign that do- - - 7-26-v7 R- Michelle Arnold, Director Code Enforcement Department REV 2/23/06 -"VA 3726597 OR: 3922 PG: 0232 ti V �°'' RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL ' ', 11/03/2005 at 11:46AE DWIGHT E. BROCB, CLBRB �s f CONS 1500000.00 / RIC FIE 27.00 DOC-.70 10500.00 Retn: \ ' SQDIRB SANDERS DSNPSEI v 201 NORTH FRANKLIN ST #2100 TANPA FL 33602 Prepared by and return to: Squire, Sanders&Dempsey L.L.P. One Tampa City Center 201 N. Franklin Street, Suite 2100 Tampa, Florida 33602-5813 Space above reserved for Clerk's office Grantee's Tax Identification No.: Folio No.:4476M/00W NOR Cob- S' a 0 v WARRAN -4 -61,_,. 1 THIS SPECIAL WA'4' • - I >, ... .e .is _Al da of t ove be%05, between NAPLES PLAZA LIMITER P • 'TN-ER • ', : Flori■ • limit-d p:rtnership,,having an address at 38400 North Woodwa o 3 • ills, Michigan 48304 (the "Grantors"), and, FLORI 6 A if i'l ' • ' • ,i. , is 'da limited liability company, having an address ddress at 1851 Po el' 'o.•... : ...- lo '-:-. -. I' e "Grantee"). WITNESS • �0 That the Grantor, for and • r ti: - .tion • • of Ten Dollars ($10.00) and other good and valuable consideration, to i •• •: Ep lk - eipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, a ien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all that certain parcel of land lying and being in the County of Collier, State of Florida, as more particularly described in the Exhibit A annexed hereto and by this reference made a part hereof. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO real estate taxes for 2005 and all subsequent years, and all declarations, covenants, easements, restrictions and other matters of record pertaining to the Property. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever. COLT MDK'S 452449.1 7. • . - OR: 3922 PG: 0233 And the Grantor does specially warrant the title to said land subject to the matters referred to above and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor,but not otherwise. IN WITNESS WHEREOF,the Grantor has caused these presents to be duly authorized in its name and by those thereunto duly authorized,the day and year first above written. WITNESSES: "Grantor": NAPLES PLAZA LIMITED PARTNERSHIP,a Florida limited .7 �, ,J partnership / 't By: NAPLES PLAZA, INC., a Florida corporation, its gene / t Name: ?ewat M. To,,,Sew partner �ti\AER COQ- ri' /L att jet_44...0 Print Name: i_y' t e a-m i P '/ ay :y: D. 'el J. Aronoff,President STATE OF I A . � , r r E.-- COUNTY OF / • u , �4' The foregoing instrum=I : acknowledge be a e(m- this 21CT4 day ofSei 2005, by Daniel J. Aronoff, as '• I,yv . of Naples • • , c., a Florida corporation, general partner of Naples Plaza Limited • ...al ?1n, ; ;* • united partnership, on behalf of the corporation and the limited partnership';'-who- ■_e 1 .ersonally known to me or ❑ has produced as identification. :..t NOTARY PUBLIC • • : >,,. -) 'V- -'o Name: V2 tS-n N c A L�keiNDI?i4-t0 ' .:0. Serial No. tJ/A : �• 3 41. , I h My Commission expires: 10 ( c o , F C is .rte lg. •.4 • �► 1: i • ,�„.••,.O,�� if -::, 4.1j, .RVt'..% • ;',: ►” . ' Kristine A. MacDonald Notary Public Oakland County My Commission Expires on 10/132011 (•(I1 l'NMI•s 452449 1 2 6• *int OR: 3922 PG: 0234 *** • Exhibit A Legal Description of Land• Sketch & Description t o PORTION OF LOT 1, PINE AIR LAKES, UNIT 3¢ vms, Pr au.ONONII w 70346. N66R0'22 L 1e s • 26..11. N warn'E 40633. N 66'28'22'E —I fTfTTINTInff1 TUTIIT w'. Pomo&PUE —_ __I a ,+ RE *&eER WT 1 I e Poem Or Deseription I 4 LOT 1 .. A POR110N OF LOT 1. FINE AIR LAKES. I ��,'��+,`�, . . .. �r_' . Lr 1 � 4 � WEST CORNER OF LOT 1. - !° tA1Q5 p In ' � H— • - - 265.11 FEET. N 0028'.t: f / .. THIDICF 465.49 FEET. '8'23' W; �. AN ARC • • RADIUS 2v -1.� tj • �14 w ' - 1.3-4 i N48'5•VA r , S :N46'. .... THENCE 167.211 , 4551' N: V TO TFE POMP OF �� COMA66TIC 101.095 .n. R 1161.25 ri•ir '",f— (a. O 2110 �� . CN 22.10 ^� 1x N e6r4r E __ -111E C C y .....R 1161.25 tiN. L 42326 4 at Tan 213.3 i' OEM= NMI 20'2646' ~..1 4. Cod 3 74'343/1. 421.04' MVO ra NOM e Iva~If �/ a� s r/1— R 673.00 Rae a' i,.. a 46Ae �6 Dom.03443'42' Ns w men>t S.ui.,.lot MINOR Chad 3 07442'351. 06.00' NNO►NIL Or•PAM SO Na OM=w WPM 111 It NNC 10 0101001 111111101101111 01 NN�O#II•047 1M 1M[LAM ��N v NUM■Of NOM MOM 141'inannaals NZa If saw Sketch & Description WS■ IMEL HATTON COM I Plat Aral!IL wr•si r PROP16610NAL LAND SVVZION (ENO•IS—V104 COI.t!MMH('s 452449.t _ ._ 9 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Naples Gym Inc, Respondent(s) Jerald R. Pintkin, (Registered Agent) CEB No. 2007-65 DEPT No. 2007050242 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-65 Dept. Case No. 2007050242 Plaintiff, vs. NAPLES GYM, INC, Respondent JERALD R. PINTKIN, As Registered Agent / NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3191 Santa Barbara Blvd. SERVED: Naples Gym, Inc, Respondent Jerald R. Pintkin, As Registered Agent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-65 vs. DEPT CASE NO.2007050242 NAPLES GYM INC.(Respondent) JERALD R.PINTKIN, As Registered Agent: STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s04-41,Land Development Code,as amended, Sections,5.04.05 [A][1], 5.04.05[A}[2] 2. Description of Violation:Banner displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 2151 Trade Center Way. (folio 77020002503) 4. Name and address of owner/person in charge of violation location.Naples Gym Inc, Jerald Pitkin, As Registered Agent: 1185 Immokalee Rd. Suite 110,Naples Fl,34110. 5. Date violation first observed:May 15th,2007 6. Date owner/person in charge given Notice of Violation:May 19t,2007 7. Date on/by which violation to be corrected:May 30th,2007 8. Date of re-inspection: May 31st,2007. 9. Results of Re-inspection:Violation abated. 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 ublic hearing. 41 A Dated this.lG Day of JUNE,2007 c'r Snow Code Enforcement Investigator STATE OF FLORIDA 00 Y P, COUNTY OF COLLIER �2ot�'•�aG�; Linda C. Wolfe Sworn to(or affirmed)and subscribed before thisday o 2007 by : Commission#DD273407 Expires:Dec 07,2007 ,,P Bonded Thru '�"" Mantic Bonding Co.,Inc. (Signature of No Public) / (Print/Type/Stamp Commissioned •ame of Notary Public) Personally known �or produced identification Type of identification produced 2 . Case Number 2007050242 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Ova JERALD R PITKIN Date: 5/9/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 AS REGISTERED AGENT FOR: NAPLES GYM INC. [PROPERTY OWNER] JAMES A BARTHEL AS REGISTERED AGENT FOR: J.B.ENTERPRIZES OF NAPLES LLC [BUSINESS OWNER] Zoning I Sec 11 Twp 49 Rng 25 Dist Mailing: Legal: Block Lot - 5147 CASTELLO DRIVE Subdivision NAPLES FL 34103 121-71 COWER RESERVE DRIVE NAPLES FL 34110 Location: 2151 TRADE CENTER WAY Folio 77020002503/77020002707 OR 2555 Page 365 Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. ORDER TO CORRECT VIOLATION(S): 05-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at You are directed by this Notice to take the following corrective the above-described location. action(s) OBTAIN. TEMPORARY USE PERMIT TO DISPLAY SAID BANNER/SIGN.REMOVE SAID BANNER/SIGN ON THE EXPIRATION Ord No. 04-041,CODEOF LAWS Section 5.04.05[A][1] DATE OF TO AND ORDINANCES as AFTER THE FACT FEES ARE TO APPLY FROM 4/15/07. amended CEASE ALL FUTURE PLACEMENTS OF ANY SIGN(S)OTHER THAN V No. 04-041,CODE OF Section 5.04.05[A][2] THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND LAWS AND DEVELOPMENT CODE ORDINANCES As amended , f-1SueDlemental attached DOrd No. as amended Section DOrd No. ,as amended Section DOrd No. ,as amended Section 9Ord No. ,as amended Section ON OR BEFORE: MAY 30TH 2007 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR Did Witness: 2) Code Enforcement Board review that may result in fines up to ON 4/15/07 1- BANNER, COPY READS, GOLDS GYM, DISPLAYED $1000 per day per violation, as long as the violation remains, and WITH OUT FIRST OBTAINING VALID COUNTY PERMITSTHIS IS costs of prosecution. CONTRARY TO THE COWER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: ['Personal Service rtified Mail OPosting of Property —fSupplemental attached ❑Fax _ tail COIN Nom— ' �,P) 0-1 Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE • ENFORCEMENT KITCHELL T.SNOW Print INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34104 Dated this 9711 day of MAY 2007 (239) 403-2314 r (239)403-2493 • -&ivestigator signature VIOLATION STATUS: ®Initial ['Recurring ['Repeat _._ .. . .. _._.,__. n__..r_c...n,..w:.... (`,,..v fro,nfrrial Pnctino Rev V SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. SI, re a r, 1� Rem 4 if Restricted Delivery desired. ❑Agent • Print your name and address on the reverse X ill ' �L•►'`�' ❑Address so that we can return the card to you. B. Received by(Printed Name) C. Dat of D live • Attach this card to the back of the mailpiece, - or on the front if space permits. ��r , i 5 D. Is delivery address different from item El es 1. Article Addressed to: if YES,enter delivery address below: ❑No NAPLES GYM INC JERALD R. PITKIN R/A 1185 IMMOKALEE RD SUITE 110 3. Se ceType NAPLES, FL 34110 rectified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandi Case Nbr - 2007050242 . ❑insured Mail ❑C.O.D. 4. Restricted Deliver/?(Extra Fee) ❑Yes 2. 7006 2150 0005 6165 4224 NOV �5q� PS Form 3811,February 2004 Domestic Return Receipt RCS`3`_ 102595-02-M-1: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. 'gn- re ' item 4 if Restricted Delivery is desired. • Agent • Print your name and address on the reverse 4e re ❑Address so that we can return the card to you. eived by(Printed Name) C� •ate of Delive _ • Attach this card to the back of the mailpiece 7 % , (printed y1 G( 4 .� or on the front if space permits. F�1 D. Is•-ivery address different from item 1? ❑Yes ��. 1. Article Addressed to '" , If YES,enter delivery address below: ❑No NAPLES GYM INC JERALD R. PITKIN R/A 5147 CASTELLO DRIVE Ofirype NAPLES, FL 34103 ed Mail ❑Express Mall tered ❑Return Receipt for Merchandi Case Nbr - 2007050242 ❑insured Mail ❑C.O.D. 4. Restricted Delivery?(Exb'a Fee) ❑Ye`s 2. An 7006 2150 0005 6165 4231 N O V / KSS3 PS Form 3811,February 2004 Domestic Return Receipt �-31 0 - 102595-02-M-1; 4 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. �-. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. c 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. 6 d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 7 • 014 15 0 9 8 es SEP 13 IA 7 34 • • COLLIER COUNTY RE RECORDED PRM 35,430.00 consideration . DO 6.00 recording !!olio II INT-.44.1. Mate stave 1140.......1 • 11111oW87 D® CD ' I5 1QMRMI1fPM' ® mds the , � day of s.,.. i . 11.D4 19 90 , by AS o Pair broom Ireestaent asap, a Florida General Partnership m O u► O Us JC OD hsseiiafter called the grantor, to Maples Oyes Inc. , A Florida Corporation hereinafter called the grantee, whose post office address is 2151 Trade Center Way, Naples, FL 33963 dlarwer need herein the tare •grantor• and •granntee• include all the parties to this Lattimore:and the heirs. lapel representatives and assigns cd individuals, and the successors and assigns d corporation.) NI'Di: '!tat the grantor, for and in consideration of the sun of $10.00 and clear— valusble cansideratioas, receipt whereof is hereby acknowledged, hereby grants. bargaii. w sells, aliens, redoes, releases, conveys and cordials unto the grantee. all that certain-'' lard situate in Collier Cbnnty. Florida, viz: The Mast 25 feet of the West 75 feet of Lot 25. TRADE CENTER a► 11RFLPS, in accordance with and abject to the plat recorded in Plat Book 25, pages 54 and 55. Public Mtscords of a lliaac Qo nty. Florida. (:)- i„..1i--!): -?'t--, GG_L14Ci ut- ., • - - I "�._._• BY •0 IC . .° 1-‘119 174 Wen C PLESCitom Nalealla with all the - , • .. • . , • . ' • • • belonging or in mss appertaining. '10 E be 'TO W M. the sererA ME • fee simple f• - .f MD the grantor bs sby -• ; with said wastes • is lawfully seised of said lad in fee , the grantor has •--• and lawful authority to an and ressey said lasdn the- (4/a,,...„.._--- motor hereby the title to said lad red will defend the saes Y+' ` persons .aarasMSSt and Chet said land is free of all • - ea, •• enbsequent to Decabsr 31. 2999, essasnts. restrictions •• • . tiers of record and restrictions and easeme nts common to the stbdivisian. IN WIIMMINI 1tIIROOP. the said grantor hes signed and sealed these presents the duly aid peer fiat &bore written. S.D. sealed and delivered in our presence: cry •tnahn.- ,�..''_ lb. 1 tsar •., General !• t S. /.LL 1 /�s''ll-C.. /1" 1- .d. b. •• . Csuseal Paetate ¢ __R OF - . : ,��:- ....L.-.---..._ t..s. `I .. MONK CI • I>!�12I. I • . • •. an Z dot. be• .C/& t !illy lidti rstat• .. mad(clang atasesad to tabs salonawriladgenata, psteeanally aoPesrud . Wales Conrad asrt■ront i 11al tee Chad asnsoe+t a ryry Roy Mawatat m as boss to a the pascals) assented iA Aid who ann:arad the` fce tag instrument ad aebao$fiad before se that day areut d the WeaMS MI4 and official Al MA eba__ attr ad !Cats last al4orreeaid this 77, dy► of`q�(i I►11QI ( 11�i _ .•_ °s'sts.dan Spines ti. �f`I 1I�L tCl `15 / �' E _ _I. no ISM) llt.s 1aa:n�aeat Orepaesi 4►: P.S.. Canaan+. ■tiwlwi Tit io Ctaasa:+tas Ca. of lies.. 2!x f. Matt ball. bolts 1. !oohs. . 1190es. La nordwfnctios+writ OM las..eana of tit.l. lneneases. !the 1b. 1/M /1st h 3,soa •00 • , 2486999 OR: 2555 PG: 0365 HMO is OFFICIAL IICOIDS of COLLIA COon, PL Ci/04/100) it 01:30P1 D1I01t 1. EMI, CLIII C013 500000.00 tic III 10.50 0OC-.10 3501.00 lets: 0I01010 MISLI 0DJ1l11PI IIC 5155 JAIG11 1000 11 111PLIS /1. 3410 WARRANTY DEED (STATUTORY FORM-SECTION 689.02 F.S.) THIS INDENTURE, Made this 1 day of May, 1999, BETWEEN PHILIP E. BRADY and CHRISTINE M. BRADY,husband and wire,of the County of Collier, State of Florida,whose post office address is 240 Silvered° Drive, Naples, Florida 34109, Grantor` and NAPLES GYM,INC.,a Florida Corporation, whose post office address is 2151 Trade Center Way,Naples, Florida 34109, Grantee*. WITNESSETH,That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,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 24 and the West 50 feet of Lot s •; (, f naples,according to the Plat threof recorded in Plat Book 15 T7" 'ublic Records of Collier County,Florida; G �` subject to easements, restric ons re-- 'ons • •r• and :• v. orem taxes for the year 1999 and subsequent years; �� Ij w e i lf• n' will defend the same and said grantor does here�y `�„j �, against the lawful claims o s • ••• *"Grantor" and "Gr: , e are used for singul•,, or • — context requires IN WITNESS WHEREOF, P ' . BRADY and C'1'4ST E M. BRADY, husband and wife,Grantor has hereunto s. :4. = ' hand ,• day and year first above written. CIVC Signed,sealed and delivered in our presence: 4,6 Get__ WITNESS('aA,O rC. LLhev14`•'- PHI 1 E. BRAD rint ory name) S (print or type name) 012dM22 - WITNESS CetAgl4r C. de,f /}-� CHRISTINE M. BRA rint name) W SS (print or type name) Charles C. Lehman, P.A. 5455 Jaeger Rd Suite B Naples, FL 34109 *** 011. 2555 PG: 0366 **1 STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me; an officer duly qualified to take acknowledgements,personally appeared PHILIP E. BRADY and CHRISTINE M. BRADY to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last afore-said this day of May, 1999. (SEAL) - •. — .4- Not'ry Public - tate of Florida% ortxetattt I 11 (Print, Type or Stamped Commissioned Name of Notary P blf•�)Commission N Personally Known - OR Produced Identificati n Type of Identification Produced THIS INSTRUMENT WAS � C°0-A). PREPARED WITHOUT EXAF OF OPINION BY: CHARLES C. LEHMAN, E U • _ . tor S. .� CHARLES C. LEHMAN, P A. Gra for S.S N 5455 Jaeger Road it ' , • Suite B 1_o e:'s= Naples.Florida 34109 n u P P r Folio No.: (941) 592-9770 .CIE C1C /0 T 13 2 7 9 5 0 1989 NOV -6 AM!l: 46 $ /3[p/ NP5 O) consideration COLLIER COUNTY RECORDED S, recording Folio 4 . /,,04 7y state stanps i. •:7-9-9-ioS WARRANTY DEED ),;f /St iND —THIS 1t"aPJtAT'I'Y DEED made the / day of f k-.1(/)l1X.h) , A.D. 19_ 9 , by TRADE CENTER OF NAPLES LIMITED, a Florida Limited Partnership hereinafter called the grantor, to NAPLES GYM, INC., A Florida Corporation hereinafter called the grantee, whose post office address is: 2151 Trade Center Way, Naples, Fl. 33942 (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation.) WITZESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby ackncaledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: Lot 26 and the Eastern 25 feet of Lot 25 ' TRADE CENTER OF NAPLES, in accordance with and subject to the plat recorded in Plat Book 15, pages 54 and 55, Public Records of Collier County, Florida. , 9 .� Received$ Docu:nhntm SAD—''4 4 Recaived$ C:: ^r. q;;, J G ....._--_..'r;;raanal Prcp.-. .. Wi`ii R 41,41.. • -LERk Gs COURTS Gpti t .►....a__ AP U,C. MI ) ; 000 () 90 (:i ( P 'YPAGE TOGETHER with all the t - ts, hereditame an al..� enances thereto belonging or in anywise appertaining. ■ O TO HAVE AND TO HOLD, the c. ' fee single ' .- AND the grantor hereby cove•an with said gran ■ .t the grantor is lawfully seized of said land in fee sinp = e .. good right and lawful authority to sell and convey said land; that - _.., ' i, .34 fully warrants the title to said land and will defend the same against claim of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 88 , easements, restrictions and reservations of record and restrictions and easements com on to the subdivision. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Sir mi, sealed and delivered in cur presence: , / /11.._ TRADE CENTER OF NAPLESJ•1ITj a Florid ,s. W By: jjjJfF27 L.S. ic104.71)i�?itness-?o. 2 � Ro•ert J. Hov a d, Vice P -sident of Dev-Tech ,� STATE.OF* FL• IDA Corporation, ra Florida corporation, its general• H COUI\T'i-o COLLIER partner 1=FP ^'CERT:IFY that on this day, before me, an officer duly authorized in the State and.Goun.I1"aforesaid to take acknaaledgements, personally appearedRobert J. Hovland, Vice — pt •si €sit• 'ff D*11746b CCor ra 3.oq on behalf f the corporation, general partner of Trade Cente t'''. of Na �im t Florida i i ed Partnership 1 to_ known to .tne person s) escr in and who executed the foregoing instrument El! and'•'adkn'owlOgba hef re me that /r)g executed the same. WITV S my hand and officio t= •.: eel.l in the'Count j+.aixd State last aforesaid this / /day of i4/J k) 194Y. 4 , ' L f. ... y- aig4 ssioh Expires: a 1.6 Notary Public c a•a,na v."'""' Z° A ��.: .ii�:uy'wJr4 staff of Aorida (sEAL) ,,,llt.au�Ft:�4•.,J Ero . Ctr..:r•.'s oa£zpires Oct. 8,1991 �O,Lrtm CO t he...PLORIOA th eturf tp._pnepa,xestr.:m+,a.rn,. CLERK rFlAL'•l: WLLS, s In Z This instrument prepared by: P.R. Coleman, Midwest Title Guarantee Co. of Fla., 3936 No. File Tamiami Trail, Sufig� NaplesigOnt0, in conjunction with the issuance of title insurance. l BOARD C'= COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-65 DEPT NO. 2007050242 Naples Gym Inc, Respondent(s) Jerald R. Pintkin, (Registered Agent) STIPULATION/AGREEMENT COMES) NOW, the u ers)gned, oy D , on behalf of himself or 4'' ��/n i as representative for Respondent and enters into this Stipulation and Agreement with Cho I er County as to the resolution of Notices of Violation in reference (case) number 2007850242, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.04.05[A][1] and 5.04.05[A][2] and are described as Violation of Ordinance 04-41, The Land Development Code. Banners displayed without first obtaining a required County issued Temporary Use Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 292.77 incurred in the prosecution of this case. 2) Abate all violations by: A .Submit for one (1) permit within 7 days from the date of hearing for the banner displayed on said property or a fine of$250.00 a day will be imposed until said permit is obtained. Start date for permit is from April 15th, 2007 to May 21st, 2007. After the Fact permit fees are to apply for permit. Cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign that does not have a proper permit. kir XRe Mi - mold, Director P� Code Enforcement Department REV 2/23/06 FiL ( fri CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-65 vs. NAPLES GYM, INC. Jerald R. Pintkin, Esq., Reg. Agent Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Naples Gym, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,Jonathan D. Farmer, 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 2151 Trade Center Way,Naples,Florida, Folio 77020002503 and 7020002707 more particularly described as Lot 24 and the West 50 feet of Lot 25,Trade Center of Naples, according to the Plat thereof recorded in Plat Book 15,Pages 54 and 55 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 5.04.05(A)(I)and 5.04.05(A)(2)in the following particulars: Banners displayed without first obtaining required temporary use permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 5.04.05(A)(1)and 5.04.05(A)(2)did exist,but have been corrected. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$292.77 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 1L.1 ,2007 at Collier County, Florida. j CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY. (r�ti(!�c -( Z1 sue_ erald Lefebvr e Ch 2800 North Ho e Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) (' The foregoing instrument was acknowledged before me this_2a day of JL c , 2007,by Gerald Lefebvre, Vice Chair o the Code Enforcement Board of oilier County,'Florida,who is personally known to me or who has produced a Flo ida r')er's License as identification. 7 V NNW L Ho NOTAR P LI My commission expires: a 00297898 —wires meth 30,20pg CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. Mail to Naples ym, I c. Jerald Pitkin, Reg. Agent, 1185 Immokalee Road,Site 110,Naples, FL 34110 this (day of l/ ,2007. M.Jean son, Esq. Florid r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 sta►e of i.LUkIUA Naples,.Florida 34102 :Minty of COLLIER (239)263-8206 I HEREBY CERTIFY THAT this Is a true and correct..copy of .3 cec t^,.,: e)rn wile in Board Minut.s r=3 + Hili; r COUntyr WITNESS lay t e I seal this 151' nay of t , _ '-)1-- OW' H E. BRQ.4.,L'ERI( OF COURTS ki21 BOARD C'=COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-65 DEPT NO. 2007050242 Naples Gym Inc, Respondent(s) Jerald R. Pintkin, (Registered Agent) STIPULATION/AGREEMENT COMES NOW, the u ersjgned, ago , , - 'r e.� , on behalf of himself or c 4 2 Gx(1G�b ' p_, as representative for Respondent and enters into this Stipulation and Agreement with I er County as to the resolution of Notices of Violation in reference (case) number 2007850242, dated the 26th day of July, 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 July 26th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.04.05[A][1] and 5.04.05[A][2] and are described as Violation of Ordinance 04-41, The Land Development Code. Banners displayed without first obtaining a required County issued Temporary Use Permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 292.77 incurred in the prosecution of this case. 2) Abate all violations by: A .Submit for one (1) permit within 7 days from the date of hearing for the banner displayed on said property or a fine of$250.00 a day will be imposed until said permit is obtained. Start date for permit is from April 15th, 2007 to May 21st, 2007. After the Fact permit fees are to apply for permit. Cease displaying any banner(s) or sign that does not have proper permits within the Unincorporated Area of Collier County 3) Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. Cease displaying any sign that does not have a proper permit. ,,,........ e eadsoir--` Mi- • - _ Arnold, Director / Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A i-o TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo Miralles and Alfredo Miralles Jr., Respondent(s) CEB No. 2007-66 DEPT No. 2006090335 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-8 Copy of Applicable Ordinance 9-14 Deed 15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-66 Dept. Case No. 2006090335 Plaintiff, vs. ALFREDO MIRALLES AND ALFREDO MIRALLES JR., Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 8:30 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1715 Roberts Ave, Immokalee FL 34142 SERVED: Alfredo Miralles and Alfredo Miralles Jr., Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE.Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-66 vs. DEPT CASE 2006090335 Alfredo Miralles and Alfredo Miralles Jr.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, 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 Collier County Ordinance(s)2004-41,The Collier County Land Development Code, as amended,Sec. 1.04.00,Subsec. 1.04.01 Par's A,B,and C;Sec. 1.05.00, Subsec. 1.05.01 Par.F; Sec.2.02.00,Subsec.2.02.03, Sec. 10.02.00,Subsec. 10.02.06 Par.B, lA through 1E. 2. Description of Violation: Recurring act of unlawful use of an RMF-6 zoned property. Construction and dwelling use of several non-approved,non-permitted structures on the property. Placement and dwelling use of two non-allowed,non-permitted single wide mobile homes on the property. Unpermitted wood frame laundry shelter and three wood frame storage sheds located on the property. 3. Location/address where violation exists: 1715 Roberts Ave, Immokalee FL 34142 (Folio #00130840004). 4. Name and address of owner/person in charge of violation location: Alfredo Miralles and Alfredo .---,. Miralles Jr., 1703 Immokalee Dr,Immokalee FL 34142 5. Date violation first observed: 9-18-06 6. Date owner/person in charge given Notice of Violation:2-1-07 7. Date on/by which violation to be corrected: 3-1-07 8. Date of re-inspection: 5-30-07 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 15th day of June, 2007 ``�04PRYPUB��. Linda C.Wolfe _:: °- Commission#DD273407 Joe ha N; ..Z.;.:. Expires:Dec 07,2007 Code Enforcement Investigator STATE OF FLORIDA '�'EOFP-o�`` Bonded Thru COUNTY OF COLL I R Atlantic Bonding Co Inc. rn , or a' •-d) 1 d s 'scribed before this 15th day of June,2007 by Joe Mucha i� /iii �/ . /� _/ :ignature o Notary Public) (Print/Type/Stamp Commissioned / Name of Notary Public) Personally known V or produced identification REV 3-3-05 2. .6_ '.ase Number 2006090335 COLLIER COUNTY CODE ENFORCER:ENT NOTICE OF VIOLATION Owner: Alfredo Miralles Date: 2/1/07 Investigator Joe Mucha Phone: 239-403-2452 Alfredo MiraIles Jr Zoning Dist RMF-6 _ Sec 5 Twp 47 Rng 29 Mailing: 1703 Immokalee Dr Legal: Subdivision 30 Block 44 Lot - Immokalee,FL 34142 Location: 1715 Roberts Ave W Folio 00130840004 OR Book 1970 Page 2322 Unincorporated Collier County NOTICE ORDER TO t ORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board You are din :ted by this Notice to take the following (CEB) Ordinance No.05-55 and 97-35,as amended,you are corrective act in(s) notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- A notice I vacate must be provided to all described location. tenants/occu',ants at 1715 Roberts Ave W Immokaleet FL within i1 days after receipt of this notice. All Ordinance No 04-41,as amended structures rust be vacated within 45 days after Sec. 1.04.00,Applicability, receipt of tr!s notice. Owner or a licensed contractor Sub Sec. 1.04.01,Generally,Par's A,B,C must obtain ,• Collier County Demolition permit for, Sec. 1.05.00 Findings,Purpose,and Intent removal t all non-approved, non-permitted Sub Sec. 1.05.01,Purpose and Intent,Par.F structures : ad improvements within 30 days after, Sec.2.02.00,Establishment of zoning districts receipt of •I its notice. Owner/Licensed contractor Sub Sec.2.02.03,Prohibited use must execut•demolition permit through to issuance of Sec.8.08.00,Code Enforcement Board a certificate of completion. All non-allowed, non- "—,Par's B"Violation and D"Liability" permitted : :ructures, improvements and resulting Sec. 10.01.00,Generally debris mus be removed to an approved land fill Sub Sec. 10.02.06, Submittal requirements for permits,Par. facility and ill premises must be restored to a state of B,lA through 1E compliance with Collier County RMF-6 Zoning district regi:(rements within 75 days after receipt of Did Witness: this notice. A recurring act of unlawful use of a RMF-6 zoned property in Collier County known as 1715 Roberts Ave W, ON OR BEFO ;E: \„i A i.; 1 i_,C , 200 Immokalee, FL AKA Parcel 044.00 of TWN 47, SEC 5, Failure to ce rrect violations may result in: RNG 29, Folio No. 00130840004 of Collier County record. 1) Mandate ✓ notice to appear or issuance of a citation i. (Reference previous Collier County Code Enforcement ) Case No. 80325029, Compliance required removal of all that may result in fines up to $500 and costs of structures). prosecut .•n. OR 2) Code Er orcement Board review that may result in Supplemental attached fines up ) $1000 per day per violation, as long as the violation ,emains,and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE • ENFORCEMENT INVESTIGATOR 2800 No.Horseshoe Dr.Naples,FL 34104 SE D BY: (239) - Fax:(239)403-2343 ersonal Sr I vice ❑Certified Mail ❑Posting of Property Investigator signature ///1/1A/a'1 ]Fax []Mail �`��ti✓'�: :.-, VIOLATION STATUS: T>r'- J 1 lk.1 Signature and 'itle of Recipient °--' ❑Initial ® Alf r e d o M r4 /Ie Recurring ❑Repeat Print Dated this 1st day of February ,2007 • Notice of Violation Orivinal to File Cony to Recnondent Cony for Site 1 %tino. Cony for Official Pasting Rev Case Number 2006090335 COLLIER COUNTY CODE ENFORCE]' I:NT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATIO 'd The following violations currently exist: 1) Construction and dwelling use of a non-approved, no .-permitted triplex type structure known as "Units 3, 5, and 6" 2) Construction and dwelling use of a non-approved, no -permitted duplex type structure known as "Units 1 and 2" 3) Construction and dwelling use of a non-approved, no :1-permitted 2nd duplex type structure knows as "Units 4 and 7" 4) Placement and dwelling use of a non-allowed, non-pe miffed single wide mobile home type structure known as "Unit 8" 5) Placement and dwelling use of an non-approved, non permitted 2nd single wide mobile home type structure known as "Unit 9" 6) Construction of a non-permitted wood frame laundry, :helter 7) Construction of three (3) woodframe sheds/shelters w I thout a Collier County Building Permit All above noted construction and improvements not to C )flier County Building/Zoning codes and requirements. tAil 1 Respondent's S.:. ture Date /WA' q Investigator's S Et Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 Case Number 2006090335 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION .. ..,er: Alfredo Miralles Date: 2/1/07 Investigator Joe Mucha Phone: 239-403-2452 Alfredo Miralles Jr . Zoning Dist RMF-6 Sec. 5 Twp 47 Rng . 29 Mailing: 1703 Immokalee Dr Legal: Subdivision 100 Block 44 Lot - Immokalee,FL 34142 Location: 1715 Roberts Ave W Folio 00130840004 OR Book 1970 Page 2322 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board You are directed by this Notice to take the following (CEB) Ordinance No.05-55 and 97-35,as amended,you are corrective action(s) notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- A notice to vacate must be provided to all described location. tenants/occupants at 1715 Roberts Ave W Immokalee, FL within 10 days after receipt of this notice. All Ordinance No.04-41,as amended structures must be vacated within 45 days after Sec. 1.04.00,Applicability, receipt of this notice. Owner or a licensed contractor Sub Sec. 1.04.01,Generally,Par's A,B,C must obtain Collier County Demolition permit for Sec. 1.05.00 Findings,Purpose,and Intent removal of all non-approved, non-permitted Sub Sec.1.05.01,Purpose and Intent,Par.F structures and improvements within 30 days after Sec.2.02.00,Establishment of zoning districts receipt of this notice. Owner/Licensed contractor Sub Sec.2.02.03,Prohibited use must execute demolition permit through to issuance of Sec.8.08.00,Code Enforcement Board a certificate of completion. All non-allowed, non- Par's B"Violation and D"Liability" permitted structures, improvements and resulting Sec. 10.01.00,Generally debris must be removed to an approved land fill Sub Sec. 10.02.06, Submittal requirements for permits,Par. facility and all premises must be restored to a state of B,1A through 1E compliance with Collier County RMF-6 Zoning district requirements within 75 days after receipt of Did Witness: this notice. A recurrine act of unlawful use of a RMF-6 zoned property SU T I(3OV E in Collier County known as 1715 Roberts Ave W, ON OR BEFORE: �j , 200 Immokalee, FL AKA Parcel 044.00 of TWN 47, SEC 5, RNG 29, Folio No. 00130840004 of Collier County record. Failure to correct violations may result in: (Reference previous Collier County Code Enforcement 1) Mandatory notice to appear or issuance of a citation Case No. 80325029, Compliance required removal of all that may result in fines up to $500 and costs of structures). prosecution. OR. 2) Code Enforcement Board review that may result in Supplemental attached fines up to$1000 per day per violation, as long as the violation remains,and costs of prosecution: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 34104 SERVED BY: (239) - Fax:(239)403-2343 ['Personal Service ❑Certified Mail Posting of Property Investigator signature 1/114t'CALi []Fax OMail VIOLATION STATUS: Signature and Title of Recipient n Olnitial Recurring ['Repeat Print 134-h M arch Dated this Tst, day of _re-re ,2007 Notice of Violation Orivinal to File Cony to Recnondent Cony for Site Pnctino ('nnv for Official Pnctine Rev Case Number 2006090335 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION The following violations currently exist: 1) Construction and dwelling use of a non-approved, non-permitted triplex type structure known as "Units 3, 5, and 6" 2) Construction and dwelling use of a non-approved, non-permitted duplex type structure known as "Units 1 and 2" 3) Construction and dwellinguse of a non-approved, non-permitted 2nd duplex type structure knows as "Units 4 and 7" 4) Placement and dwelling use of a non-allowed, non-permitted single wide mobile home type structure known as "Unit 8" 5) Placement and dwelling use of an non-approved, non-permitted 2nd single wide mobile home type structure known as "Unit 9" 6) Construction of a non-permitted wood frame laundry shelter 7) Construction of three (3) woodframe sheds/shelters without a Collier County Building Permit All above noted construction and improvements not to Collier County Building/Zoning codes and requirements. Responder's Signature��I w„ Date r / Vt 3 - 13 -0� Investiga r s Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03. • AFFIDAVIT OF SERVICE Respondent(s):Alfredo Miralles C? ;E No.2006090335 Alfredo Miralles Jr Notice of Violation 0-Notice of Hearing ❑Notice of Hearing(IOF) ❑Citation ❑Notice to Appear ❑Special Master Evidence Packet ❑Other: I, J o e .Mocha., hereby swear and affirm that a true z td correct copy of the document(s)referenced above have been provided to the Respo3 ient(s)via: ❑US Mail ❑US Certified Mail(Return Receipt Requested) ❑Posting of Property ZPersonal Service—Drop service,respondent refused to sign ['Collier County Courthouse Posting Sworn on this 1st day of February,2007. / 3l Mucha C ie Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before me this 1st day of l .:bruary,2007 by Joe Mucha. YhC4LA �r Signature of Notary Public J Print/Type/Stamp Commissioned Name of Notary Public d on` Commis D 773349 Personally Known a. ` .J Expires:Dec( ,2007 a`.' Bonded Tt " Atlantic Bonding o.,Inc. REV 3-3-05 7. AFFIDAVIT OF POSTING Respondent(s): Alfredo Miralles Code Case 2006090335 Alfredo Miralles Jr CEB# THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑Other. I, Joe Mucha ,do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s)for the above respondents at 1715 Roberts Ave W (Address) on 3-13-07 , 12:45 DAM at the Immokalee Courthouse. (Date) (Time) ) 0--e. 7?/17111^AA a Signature r; Property Maintenance Specialist Title STATE OF FLORIDA COUNTY OF COLLIER /z Sworn to(or affirmed)and subscribed before me /J of ,A , , 77✓1 Gt,., -I 200 7 ,by =41 7<-4-7-7(L (fa. (Name of p g statement) .i 1T R`r Ft?t rC S =TE OF FLORIDA -▪ , 2` �� - " Kimberly Brandes (Signature of Notai v ublic) k f commission#DD467410 Expires: AUG. 31, 2009 (Print,type or stamp Bondcd'fhru Atlantic Bonding Co.,Inc. 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 6/03 ORDINANCE NO. 04-41 AN @ RDINANCE 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, .: 'c , _ 'i ' ' a iuNS;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 q. 1.04.00 APPLICABILITY 1.04.01 Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.05.00 FINDINGS, PURPOSE, AND INTENT 1.05.01 Purpose and Intent A. It is the purpose of the Board of County Commissioners of Collier County to establish the standards, regulations and procedures for review and approval of all proposed development of property in unincorporated Collier County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the GMP. B. In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the unincorporated areas of Collier County, it is the intent of this LDC that the development process in Collier County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Collier County. C. The Board of County Commissioners deems it to be in the best public interest for all property and development to be conceived, designed, built, and used in accordance with good planning and design practices and the minimum standards set forth in this LDC. D. It is the intent and purpose of this LDC to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. These regulations are based on a comprehensive plan for future development, and are enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the County. E. This LDC intends to accomplish and to provide for efficiency and economy in the process of future development and redevelopment; appropriate use of land; preservation, protection, conservation, and development of the natural resources of land, water and air; convenience in circulation of traffic for the transport of people, goods, and commodities; protection of persons and property in floodways and floodplains; healthful and convenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all residents; and development consistent with the GMP. F. In order to ensure that all development in unincorporated Collier County is consistent with the Collier County GMP, it is necessary and proper to establish a series of zoning districts to ensure that each permitted, accessory and conditional use is compatible with surrounding land uses, served by adequate public facilities, and sensitive to natural and coastal resources. Each zoning district has its own purpose and establishes permitted uses, uses accessory to permitted uses, conditional uses, dimensional standards and other land use, density and intensity regulations and references, sign regulations, off-street parking and loading regulations, landscaping regulations, and other regulations that control the use of land in each zoning district. All development within each zoning district shall be consistent with the purposes and regulations stated for that zoning district in Chapter 2. CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 Generally 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning Districts 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 Zoning Districts 2.03.01 Residential Zoning Districts 2.03.02 Commercial Zoning Districts 2.03.03 Industrial Zoning Districts 2.03.04 Civic and Institutional Zoning Districts 2.03.05 Open Space Zoning District 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Districts Under Moratorium 2.04.00 Permissible, Conditional, and Accessory Uses in Zoning Districts 2.04.01 Rules for Interpretation of Uses 2.04.02 Effect of Approvals Under the Zoning Reevaluation Ordinance 2.04.03 Table of Land Uses in Each Zoning District 2.05.00 Density Standards 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending /1. 2.06.00 Affordable Housing Density Bonus 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.06.04 Limitations on Affordable Housing Density Bonus 2.06.05 Affordable Housing Density Bonus Monitoring Program 2.06.06 Violations and Enforcement 2.07.00 Reserved 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 10.02.00 APPLICATION REQUIREMENTS 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 /2 service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of /3 application for a building or land alteration permit on property adjacent �-, to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land.alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been / , St•'PM ONFICIAL BO ONra$ p 15h 5 4 94 . .27 S 16 • PARCEL i 0013086000-4 C©#IN - RECORDED .• 'NEC $ ro fEC . RP'TP 5 to0,57? PRM t :_ • a TOTAL $ 31' b OOC IL* . NIL--PAGE 1 OF 2 p . THIS WARRANTY DEED mom, FTC-26609-TON c, O Bade the B ' day of , A.D. 1996 by• P'BDS NILSON, THE ML4ISS E. NILS N TROST DAIS .. NOTINAZR 18, 1992, acquiring title through instrument as recorded in O. R. Book 1774, Page 922 in the public records of COLLIER County, Florida. hereinafter called the grantor, to ALIRLDO MIRRLLEE, 7 MARRIED MAN, AND ALTREDO KIPALTZI, JR., A MARRIED MAR, AS JOINT TAB:ANTS IMO FOLL. Co RIGHTS OFF SURVIVORSHIP, whose post office address is: �" rOC: 105 SOUTH 15T STREET STI IV INNOKALEE, FL 33935 Pa herein called the grantee: (wherever need herein the terms "grantor" end "grantee* include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) III ANSSL"TE: That the grantor, for and is consideration of the sum of n 610.00 and other valuable consideration, receipt whereof is hereby acknowledged, conveys and confirms unto the grantee, all that certain land situate in COLLIER County, Florida, vies TES REST 112.5 FRET OF THE WEST HALM` OF TEE NORTHWEST QUARTER 08 THE SOUTSEEST QUARTER OP THE NORTHEAST QUARTER Cr SECTION 5, TOWESEIP 47 S OOTS, RANGE 29 NAST, COLLIER COUNTY, FLORIDA, TOGETHER WITH A 1967 PAREVOOD MOBIL! ROME SEARING SERIAL NUMBER; ID4601201229S TO9ETEER with ail the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO SEAN AND TO SOLD, the same in fee simple forever. a AND the grantor hereby covenants with said grantee that the grantor is Ilawfully 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 5 fully warrants the title to said land and will. defend the same against the u lawful claims of all persons whomsoever; and that said land is free of all H encumbrances, except taxes accruing subsequent to December 31, 1993. to easements, restrictions, reservations, conditions and g l tions of record in the public records of COLLIER County, Florida. Ikcetred efidraS_Peconstary Stwo Tax Received f Cr:: •C' opert e w It Personal Property Tat • Dili B. , CUM CIRCUIT COURT .. BY ,C• �si" ..• X tV .7' I 17 r f .1 4. , w yam, f.. $ k"y...v.1'3 rt e • . F h�•tr`S".0 i-'` rYr�, ".'t. • �. ....arY F? t �dn . .4 n.' i t wi 41 rF,� � ,fig i s 1 ! .,,'.=:,:.7.4.r- •�,,� •lp .. it http://www.collierappraiser.com/viewer/Image.asp?ImageID=105600 6/8/2007 /s BOARD OF COUNTY COMMISSIONERS - Collier County, Florida Petitioner, Vs. CEB NO. 2007-66 DEPT NO. 2006090335 Alfredo Miralles and Alfredo Miralles Jr. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Alfredo Mira lles, on behalf of himself and Alfredo Miralles Jr. enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case)number 2006090335 dated the 1s`day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 7-26-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) Sec. 1.04.00 Subsec. 1.04.01 Par's A, B, C; Sec. 1.05.00 Subsec. 1.05.01 Par. F; Sec. 2.02.00 Subsec. 2.02.03; Sec. 10.02.00 Subsec. 10.02.06 Par. B, lA through lE of Collier County Ordinance 2004-41, Land Development Code and are described as a recurring unlawful use of an RMF-6 zoned property. THEREFORE,it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$372.03 incurred in the prosecution of this case. 2) Abate all violations by: (A) The respondent must serve notice to vacate to all occupants/tenants currently residing at the property and have all structures vacated by August 25th, 2007 or a fine of $50 per day will be imposed for each day the violation continue. (B) The respondent must engage the service of a contractor licensed in Collier County and obtain all required Collier County Demolition permits necessary for the removal of all non-allowed, non- permitted structures, improvements and prohibited use currently found at the property by August 25th,2007 or a fine of$250 per day will be imposed for each day the violation continue. (C) The respondent must execute all same demolition permits by ensuring all required inspections through to issuance of a certificate of completion for the removal of all non-allowed, non-permitted structures, improvements, prohibited use and resulting debris to an approved site for final disposal and provide Code Enforcement with copies of receipts for all same disposal by September 24th, 2007 or a fine of$250 per day will be imposed for each day the violation continues. REV 2/23/07 - 3) Respondent must notify Code Enforcement within 24 hours of abatement and request the Investigator to perform a final site inspection to confirm abatement. Jo _72(it====1: ---4b esp.ndent Michelle Arnold, Director Code Enforcement Department 7 - 18 - o -7 7-i9- Date Date 101111i1F1 REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-66 vs. ALFREDO MIRALLES AND ALFREDO MIRALLES,JR. Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Alfredo Miralles and Alfredo Miralles,Jr.are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,did not appear at the public hearing,but 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 1715 Roberts Avenue, Immokalee,Florida 34142,Folio 0013080004 more particularly described as The West 112.5 feet of the West half of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 5,Township 47 South, Range 29 East,Collier County, Florida, together with a 1967 Parkwood Mobile Home bearing serial number ID 6012M2295 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, Section 1.04.00,sub sec. 1.04.01,par's A, B,and C; Section 1.05.00,sub sec. 1.05.01 Par. F; Section 2.02.00,sub sec. 2.02.03; and Section 10.02.00,sub sec. 10.02.06 Par. B, 1 A through 1E in the following particulars: Recurring act of unlawful use of an RMF-6 zoned property. Construction and dwelling use of several non-approved,non-permitted structures on the property. Placement and dwelling use of two non-allowed,non- permitted single wide mobile homes on the property. Unpermitted wood frame laundry shelter and three wood frame storage sheds located o the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,Section 1.04.00, sub sec. 1.04.01,par's A, B,and C; Section 1.05.00,sub sec. 1.05.01 Par. F; Section 2.02.00,sub sec. 2.02.03; and Section 10.02.00, sub sec. 10.02.06 Par. B, IA through lE be corrected in the following manner: I. By serving a Notice to Vacate to all occupants/tenants currently residing at the property and by having all structures vacated by August 25,2007. 2. By engaging the services of a contractor licensed in Collier County and by obtaining all required Collier County Demolition Permits necessary for the removal of all non-allowed,non-permitted structures, improvements and prohibited use currently found at the property by August 25,2007. 3. By executing all same Demolition Permits by ensuring all required inspections through to issuance of a Certificate of Completion for the removal of all non-allowed,non-permitted structures, improvements,prohibited use and resulting debris to an approved site for final disposal and providing Code Enforcement with copies of receipts for all same disposal by September 24,2007. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2007, then there will be a fine of$50 per day for each day for each day the violation remains. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 25, 2007, then there will be a fine of$250 per day for each day the violation remains. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board by Setpember 24, 2007, then there will be a fine of$250 per day for each day the violation remains. 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$372.03 within 30 days. --4,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. rr77 7.,i'fr- DONE AND ORDERED this")U day of , ci ,2007 at Collier County, Florida. // CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: - Gerald Lefebv e,Vice 'r 2800 North orseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ?'r 1 The foregoing instrument was acknowledged before me this X. day of j IL, 2007,by Gerald Lefebvre, Vice Chair f the Code Enforcement Board of Collier County, Florida,who is personally known to me o who has produced a Florid Driver's License as identification. NOTAR UBLI .)tare 01 F LORIUA leKern Hatt My commission expires: :ounry of COLLIER M'Commission DD287e98 k HEREBY CERTIFY Taff #t i is a true�ar Expres March 90,2008 ?rr?ct co'/ of .:3dSo i2crr,"t ;file in .ioard ;";!irt:t•-Js .*> ! ." 7ti".F;it:(`*tier COW* i, ry .,J, 14saIthis (_,3 f OWlpNr E. BR'M K., rA.ER1( OF COURTS f-- 1 1 t A.,. i*- (AI at t _ _ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been s by U. S. Mail toAlfredo VW-alles and Alfredo Miralles,Jr., 1703 Immokalee Dr., Immokalee, FL 34142 this / day of 2007. v M. Jean R axi' on, .Es Q Florida B o. 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. 2007-66 DEPT NO. 2006090335 Alfredo Miralles and Alfredo Miralles Jr. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Alfredo Miralles, on behalf of himself and Alfredo Miralles Jr. enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case)number 2006090335 dated the 1st day of February,2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 7-26-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) Sec. 1.04.00 Subsec. 1.04.01 Par's A, B, C; Sec. 1.05.00 Subsec. 1.05.01 Par. F; Sec. 2.02.00 Subsec. 2.02.03; Sec. 10.02.00 Subsec. 10.02.06 Par. B, 1A through lE of Collier County Ordinance 2004-41, Land Development Code and are described as a recurring unlawful use of an RMF-6 zoned property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$372.03 incurred in the prosecution of this case. 2) Abate all violations by: (A) The respondent must serve notice to vacate to all occupants/tenants currently residing at the property and have all structures vacated by August 25th, 2007 or a fine of $50 per day will be imposed for each day the violation continue. (B) The respondent must engage the service of a contractor licensed in Collier County and obtain all required Collier County Demolition permits necessary for the removal of all non-allowed, non- permitted structures, improvements and prohibited use currently found at the property by August 25th, 2007 or a fine of$250 per day will be imposed for each day the violation continue. (C) The respondent must execute all same demolition permits by ensuring all required inspections through to issuance of a certificate of completion for the removal of all non-allowed, non-permitted structures, improvements, prohibited use and resulting debris to an approved site for final disposal and provide Code Enforcement with copies of receipts for all same disposal by September 24th, 2007 or a fine of$250 per day will be imposed for each day the violation continues. REV 2/23/07 3) Respondent must notify Code Enforcement within 24 hours of abatement and request the Investigator to perform a final site inspection to confirm abatement. Xe es a ndent p Michelle Arnold, Director Code Enforcement Department 7 - ! B - 7-19 Date Date 0111 rtIF REV 2/23/07 �-� TABLE OF CONTENTS Board of County Commissioners of Collier County,Florida Vs. Cederiere Titus and Jeanne Bonnett CEB No. 2007-02 DEPT No. 2006060724 Request for Reduction/Abatement of Fines ITEM PAGE(S) Notice of Hearing 1 Executive Summary 2 Past orders of the Board 3-6 Affidavit(s) 7 Reduction/Abatement of Fines Request 8-10 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, �+ COLLIER COUNTY, FLORIDA, Case: CEB 2007-02 Dept. Case No. 2006060724 vs. Plaintiff, CEDERIERE TITUS AND JEANNE BONNETT, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 30 33rd Avenue NE, Naples FL 34120. SERVED: Cederiere Titus and Jeanne Bonnett, Respondent Thomas Keegan, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE r �- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR A REDUCTION OF FINES/LIEN CEB CASE NO.2007-02 DEPT CASE NO. 2006060724 Board of County Commissioners vs. Cederiere Titus and Jeanne Bonnett Respondent(s) Violation(s): Violation of Ordinance(s)2004-41, Sections: 10.01.06 1 a) 10.02.06(B)(1)(d) & 10.02.06(B)(1)(d)(i)and Florida Building Code 2004 Edition Sect: 105.1 Location: 30 33rd Avenue NE,Naples, Florida 34120. Folio: 38501040007 Description: Remodeling and enclosing of home without Collier County Building Permits. Past Order(s): On January 25, 2007 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4178 PG 1537, for more information. The Respondent has complied with the CEB Orders as of May 30, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 10,432.45 See below. Order Item# 1; Order Item #3 Fines at a rate of$ 200 per day for the period between February 9, 2007—February 26, 2007, (17 days) for the total of$3,400.00. Order Item #2; Order Item #4 Fines at a rate of$ 200 per day for the period between April 27,2007-May 30,2007 (33days) for the total of$ 6,600.00. Order Item#6 Operational Costs of$ 432.45 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA m g be •o Or- .+na b ° � .. N : m vo ea BOARD OF COUNTY COMMISSIONERS, r c v COLLIER COUNTY,FLORIDA, „ ° y Petitioner, CEB NO.2007-02 0 0 be bd VS. d . ° CO o CO CEDERIERE TITUS AND JEANNE BONNETT, PO a Respondents o s I ea O 74 1.11 MI O w N ('y O • 70 INa CS FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD a- r+ 01 THIS CAUSE came on for public hearing befo .rar; . . . Al, ii 25,2007,and the Board,having heard er �,oo me ev testimony under oath,received evidence, . . •,. .•` . ; . ,. •,riate matters,thereupon issues its • P s� Findings of Fact,Conclusions of Law, . •. • . .f the Board,as . ;1! r sITC FINDINGS O_ F CT H o 1. That Cederiere Titus and • e ' :. • --i.a ., .. • s:-, ct p operty t, o —.� 2. That the Code Enforcem t B.• . " " has uri°' 'do �. p �. •f e�R.A.ondents and that the . g. Respondent,having been duly no e•, :.4 ..,...4_,o .. t blic .. ...:g. 74 ; G? be PO 3• That the Respondents wer- ed of the date of he • c rti r,:0 r it and by posting. ° try c C...4.31 4. That the real property located �'tE3 t rd Avenue NE,Naples ' • '.Y V more particularly described as The North . : p 4120,Folio Number 38501040007 b ' of Tract 2' tl s . +a.. GATE ESTATES UNIT NO.36, r according to the Plat thereof recorded in Platt• is Records of Collier County is in violation of Collier County Ordinance 04-41,the Land Deve .: T..,. as amended,sections 10.01.06(B)(1)(a), 10.02.06(B)(I)(d)and I0.02.06(B)(1)(d)(i)and the 2004 Florida Building Code,section 105.1,in the following particulars: Remodeling and enclosing of home without valid Collier County Building Permits. ORDER OF THE BOARD ° Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.01.06(B)(1)(a), I0.02.06(B)(I)(d)and 10.02.06(B)(1)(d)(i)and the 2004 Florida Building Code,section 105.1, be corrected in the following manner: 1. By applying for a Collier County Building Permit and pursuing with due diligence or by obtaining a Demolition Permit and removing improvements,including materials,from the property and restoring it to a permitted state within 14 days(February 8,2007). 2. By obtaining a Certificate of Completion within 60 days of the date that the permit is issued. 3. That if the Respondents do not comply with paragraph 1 within 14 days(February 8,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a 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. DONE AND ORDERED this 3 I St day of y„ ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA :s : sE!... 1(4✓. !/ • �� 3 No- air 2800 d ''7 oe Drive Naples,Flora.... •10' STATE OF FLORIDA ) )SS: - - COUNTY OF COLLIER) n e foregoing instrumen was ( Id .e . r. + i•`"/�;`da of i a r-2007 heri Barne Chair of r: .. -,.,, :o. . Col +u, 'lorida,who is personally known tome o who h.. p ...uced a °;•rich I 've ' ense as identification. Pzo Donna 6 ell l DD 3§494 r tan..• �� /u i �� "fie,- Commission i 8 `p07 •y PUBLI ��'F?► � Atlantic Bonding Co- tF� CI CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. to w Cederiere Titus and Jeanne Bonnett,30 33rd Avenue NE,Naples,Florida 34113 this co 2007. .7 day of J h�rx f, / aE aF /1/ /f/ 1 1 , *--..........- State of FLORIDA M.Je awson,Esq. ��nry of COLLIER ]~loci ar No.750311 Attorney for the Code Enforcement Board t HEREBY CERTIFY THA .this Is a true and Na es,Florida Avenue 34102 Ste.300 Naples,F 34102 ---orrect copy of a edet. ient bn.fiie In (239)263-8206 ioRrd Minuics A i*i 7 cf Collier Con*tjr WI NESS my `. ria egad oiriajsl I this day or (E • 2Ct� T E. B- • 'K CLERK Of'CbURTS -1 ► • `-..___AL,'. 4.4'4. , D.C., `T Retn: BENDISA MARKU 4030292 OR: 4241 PG: 2429 REC FEE 18.50 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 06/08/2007 at 01:30PM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-02 vs. CEDERIERE TITUS AND JEANNE BONNETT, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 25,2007,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 31,2007 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4178,PG 1532, P—"". et. seq.on February 5,2007. Affidavits of Non-Compliance have been filed with the Board by the Code Enforcement Official on February 8,2007,February 21,2007,March 3,2007,and April 26,2007,which Affidavits certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated January 31,2007, it is hereby ORDERED,that the Respondents,Cederiere Titus and Jeanne Bonnett,pay to Collier County fines of $3,400 for Order Item 3,for the period between February 9,2007 through February 26,2007(17 days)at a rate of $200 per day and fines of$3,800 for Order Item 4,for the period between April 27,2007 through May 16,2007(19 days)at a rate of$200 per day,plus$432.45 for the operational costs,for a total of$7,632.45. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. r1. 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. *** OR: 4241 PG: 2430 U4 DONE AND ORDERED this 7 day of ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:j144: dA.rie2":" 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 day of 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. t 1.1, ""�o CHRISTINA L URBANOWSI4 • \�� ` "*. .. NOTARY PUBLIC ,.. ;,r MY COMMISSION#DD 241717 ., .,, EXPIRES:November 22,2007 My commission expires: .'4,-; ;, ' Bonded Thru Notary Public Undeiwiters CERTIFICATE OF SERVICE ,--�.. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S.Mail to ederiere Ttus and Jeanne Bonnett,30 33rd Avenue N.E.,Naples,Florida 34120 this day of ,2007. A ' ac'171`r-C%--/ M.Jean,' .wson,Esq. Florid./tar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 Ste*Oi F>I x v .,aunty or COLLIER l HEREBY CERTIFY THAT this.is a t tr correct copy of a moment on file In, Board Mtcptes .an,u R oro - f Collier County _twig g ESS my �:a„ aho oc,rciai seat this ��` ' stay of ! ' - DWIGHT E BROOK,CLERK OF,GOURTS r: . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-02 DEPT CASE NO. 2006060724 COLLIER COUNTY BOARD OF COUNTY COIvIIvIISSIONERS,Petitioner vs. Cederiere Titus Jeanne Bonnett,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 January 251,2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4178 PG 1537,et.seq. 2. That the respondent Did contact the investigator. 3. That a re-inspection was performed on May 30th, 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 Demolition Permit as per Order 2.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 SPECIAL MASTER Thomas Keegan Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_30th day of May 2007 by Thomas Keegan. ign.ture of Notary ublic) FUDIEpSTri�TE0FFLUPLID,I Vt. .A. Y an Si`,J�Ole (Print/Type/Stamp Commissioned o'Expires. �/ s. NOV �y 2020 REV 2/23/2006 r% z'/fc6Z% ^� P,AIIIfgDTfIlICA1'LANT1(�IIA'I�FVGCO,,l1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Petitioner, vs. CASE No. CEB (940- C P- Respondent(s) RESPONDENT'S REQUEST FOR REDUCTION/ABATEMENT OF FINES Respondent(s),eed&;,-y, , e - / s, pursuant to Article XII of the CEB Rules and Regulations, requests that the Code Enforcement Board grant the Respondent's Request for Reduction/Abatement of Fines, and in support thereof would state as follows: 1. Respondent(s)name and home address (no P.O. Box): 3633, 6,8. Ale A., % r=/ :iii 2. Location of the property which is the subject of the violation(s): 3 0 33 it V` /v iv)470(e..5- 3w,)-c, 3. Owner of the property: ewe Ki) 1; f rc•¢11-1,fe '5 1,11 ' 4. Respondent(s) was found to be in violation of the following Code provision(s) 5. The violation(s) was for: C'/o5 6 Dan !J ' u . 3 G oU;-. 6. The violation(s) was corrected on the following date: The corrective measures taken by Respondent(s) consisted of: , 2 or A ,,e 0 0 ace OR Respondent(s)was unable to correct the violation(s) because: • - (Attach documentation which shows efforts to abate the violation ana wny the violation cannot be corrected.) 7. The fines imposed should be reduced or abated because (state reasons): ?.ham f a 4 w _ r e u ire. 8. The following another factors winch should Be considered by the Code Enforcement Board in granting a reduction/abatement of the fines: .4" a 4e a _ /ice fle% ) .yam rd, c2o k z'5, h Gzi I x�ren 2.7 -v'�,•�- �•n-v,,v /� �/, `yam` �,{�7 �j 7 f!� I', :57/014.v?V 6 a dam, C --�� " ( 41-0 t;2 C i7/7 ' J5 o eZW, 9. The following documents are attached hereto: WHEREFORE, Respondent(s) hereby request that the Code Enforcement Board grant an Order Reducing/Abating Fines. 47,1- espondent(s) •: ature(s) Date Respondent(s)'s printed name(s) 9 STATE OF FLORIDA) COUNTY OF COLLIER) SWORN TO AND SUBSCRIBED before me on this / c■day of 3t I2sz� 200 , by '�.',d e r ;{, _ r tT■ who is personally known to me , or who has produced N as identification. J 1 I 4—'C-°- My commission expires: �� , J ,.'. ,�_ ' � 2 c .°�74'1'�$' Notary Public NOTARY PUBLIC-STATE OF FLORIDA Kimberly Bran es „y Commission#DD467410 CERTIFICATE OF SERVICE Expires: AUG. 31, 2009 Bonded Thru Atlantic Bonding Co.,Inc. I HEREBY CERTIFY that a true and correct copy of the Request for Reduction/Abatement of Fines (and 15 copies)were served by regular U.S. Mail,postage prepaid, (or by hand delivery) on the ,4)- day of J"2 , 200 2 , to the Secretary of the Code Enforcement Board or Code Enforcement Supervisor, Patti Petrulli, 2800 N. Horseshoe Drive, Naples, Florida 34112. viecaLoa 'espondent /©• jot4 8,13114- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-02 vs. CEDERIERE TITUS AND JEANNE BONNETT, Respondents ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on July 26,2007,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. 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. The violation has been abated. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80,it is hereby ORDERED: The fine is reduced to$1,700,and the Respondents are ordered to pay all operational costs in the amount of $432.45. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 4 IA DONE AND ORDERED this "(.' day of LEI(- ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:� '� ,& ,',z--,��,ril,Z-,�_ Gerald Lefebv ,Vice CFi�Sr� 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1 The foregoing instrument was acknowledged before me this D day of 4___,2007,by Gerald Lefebvre, V'ce Chair of the Code Enforcement Board of Collier County,Florida, i personally known to nee or who has produced a Florida Driver's License as identifi 1 , I\ / A it,. Kerr'L Hall NOTA Y UB I �'�'C0m'nj8abnDD2e7b'commission expires: a ExPres Mss 30 2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Cede,riere T us and Jeanne Bonnett,30 33`d Avenue N.E.,Naples, Florida 34120 this./ day of ,2007. Jea M. n wson, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 .:..;.,,mcy of COLLIER H E 5Y C;ERTIFY TN°T t;Ils Is a true and ,r cf so};,4•e a E,1'•::; on,file In -Jai..1 1, Ir=t.es ,, . :;;, of Collier Caun4 ;:,1rvESS my t,. i1 :eat #h:: _ (S#' , ay of �P.r OWI T f=, B CI::RK F COU1 te, ' _01/4,_ D.C. ,,_,, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sandra Chacon CEB No. 2006-60 DEPT No. 2006030856 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(s) 5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-60 Dept. Case No. 2006030856 Plaintiff, vs. SANDRA CHACON, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 240 Everglades Blvd. Naples, FL 34117 SERVED: Sandra Chacon,'Respondent Jennifer Waldron, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE • COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-60 DEPT CASE NO.2006030856 Board of County Commissioners vs. Sandra Chacon Respondent(s) Violation(s): Violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 3.05.01(B). Location: 240 Everglades Blvd,Naples, FL 34117 Description: Property has been mechanically cleared without a permit in excess of one acre Past Order(s): On October 26, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4132 PG 0991, for more information. The Respondent has complied with the CEB Orders as of October 26,2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$3,300.00 See below. Order Item#1; Order Item#3 Fines at a rate of$100 per day for the period between June 2,2007—July 5, 2007, (33 days)for the total of$3,300.00. Order Item#5 Operational Costs of $ 481.21 have been paid. 2 . Retn: 3926066 OR; 4132 PG; 0991 REC FEB 27.00 CLERK TO THB BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COPIES 3.00 INTEROFFICE 4TH FLOOR 11/02/2006 at 03:42PM DWIGHT E. BROCK, CLERK ER! 8406 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-60 vs. SANDRA CHACON, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 26,2006,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Sandra Chacon 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 240 Everglades Blvd.,Naples,Florida,Folio Number 40931240009 more particularly described as The South 150 feet of Tract 101,GOLDEN GATE ESTATES,Unit 81,according to the plat thereof,recorded in Plat Book 5,page 19,of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B),in the following particulars: Property has been mechanically cleared without a permit in excess of one acre. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.05-55,and to the parties' Stipulation which is attached hereto and incorporated herein,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B),be corrected in the following manner: 1. By installation of 20 Native Canopy Trees minimum 25 minimum 25 gallon size 10-14 feet in height and 3 inch diameter at breast height. Installation of 20 Native Shrubs minimum 7 gallon size by June 1,2007. 2. By ensuring 80%survival of mitigation vegetation for a period of 5 years. 3. UK; 4ii rv; tMG 3. That if the Respondent does not comply with paragraph 1 above by June 1,2007,then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case,currently in the amount of$481.21. 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 31 day of 0C4 ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Q� J BY: •�N�- 1 Sherry Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .2 � The foregoing instrument was acknowledged before me this..)/ day of Oc �-t , 2006,ISherry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is v personally known to me or who has/pr duced a Florida Driver;s License as identification. Donna L.Modugno NOTARY PUBLIC -C iJ My commission expires: Commission#DD234494 :°=Expires:Aug 18.2007 Bonded Thru atlantic Bonding Co.,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has een sent by U.S.Mail to U. S. Mail to Sandra Chacon,240 Everglades Blvd.,Naples,Florida 34117 this , j/ day of Cc 1 ter' ,2006. stars at FIDRIIA :aurlry of.COWER /k/ I HEREBY mil FY THAT this 1s a true and M.Jea v.wson,Esq. correct copy of a ctc:umenz on file in Florida :ar No.750311 Board Minute.; ai` Collier County Attorney for the Code Enforcement Board W;T�ESS MY h:� o 2;;:1 c� "�' ai z gal this 400 Fifth Avenue S.,Ste.300 �/ day QI p � . Naples,Florida 34102 �`~ (239)263-8206 DWIGHT E. BROCK, CLERK OF COURTS „77746/4..2: ! BOARD OF COUNTY COMMISSIONERS *** OR: 4132 PG: 0993 *** Collier.County, Florida Petitioner, Vs. CEB NO. 2006-60 �-. DEPT NO. 2006030856 Jandra Chacon 240 Everglades Blvd. Naples, Florida 34117 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jo-SUS skciv,d) , 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 2006030856 dated the 8th 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 October 26, 2006; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.01(B) and are described as: Property has been mechanically cleared in excess of one acre without appropriate permits. ■-■ THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$481.21 incurred in the prosecution of this case. 2) Abate all violations by: • Installation of 20 Native Canopy Trees minimum 25 gallon size 10-14 feet in height and 3 inch diameter at breast height. Installation of 20 Native Shrubs minimum 7 gallon size. dip/e • Installation to take place by April 1, 2007 (beginning of rainy season). I f installation of plant 1(4 n material agreed to above does not take place by-Aptil-1, 2007 a daily penalty of$100.00 will be assessed for as long as violation persists. • Ensure 80% survival of mitigation vegetation for a period of five years. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. /t/ e. ./6' 6 4111M11.- , • • Ita. Respondent Da e Michelle Arnold, Director Date /0_2,4-( Code Enforcement Department .P.O 11 ta/it jb6 Susan O'Farrell Date Code Enforcement Investigator REV 3-3-05 tJ. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-60 DEPT CASE NO. 2006030856 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Sandra Chacon,Respondent(s) �� AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jen Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on October 26th, 2006, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4132 PG 0991,et. seq. 2. That the respondent M contact the investigator on July 5th,2007. 3. That a re-inspection was performed on July 10,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by planting 20 Native Canopy Trees a minimum of 25 gallon size 10-14 feet in height and 3 inch diameter at breast height and also 20 native shrubs minimum of 7 gallon size per section 1 listed in the Order of the Board. FURTHER AFFIANT SAYETH NOT. Dated July 10th,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD J Waldron ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to . affirmed)and su. ibed before me this /d , ,2007 by - AdVi° (Signa re o Notary Public) NOTAIZYpI1BLIC-STATE OFFLOI�A Delicia Pulse ��7i =Comnussion#DD629723 (Print/Type/Stamp Commissioned $o T Expires: JAN 16,2011 Name of Notary Public) T xTTCB0 D1NGCO,INC, Personally known -V Rev 2/5/07 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Bradley Residential, LLC CEB No. 2007-16 DEPT No. 2006011036 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-16 Dept. Case No. 2006011036 Plaintiff, vs. BRADLEY RESIDENTIAL LLC WILLIAM J. BRADLEY, Respondent / NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 725 Pine Cone Ln. Naples, Fl 34104 SERVED: Bradley Residential, LLC; William J. Bradley Respondent Carmelo Gomez, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-16 DEPT CASE NO. 2006011036 Board of County Commissioners vs. Bradley Residential,LLC Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 10.02.06(B)(1)(a), and the Florida Building Code 2004 Edition 105.1 Location: 725 Pine Cone Lane,Naples, FL 34104 Folio: 65670200000 Description: Addition to rear of main living structure without Collier County permits. 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 2050, 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$ 429.30 See below. Order Item#6 Operational Costs of $429.30 2. 7 ,.-v y./y CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-16 vs. BRADLEY RESIDENTIAL LLC, William J. Bradley Respondent po FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007, and the Board,having heard p d; testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its aFindings of Fact,Conclusions of Law,and Order of the Board,as follows: CSI U !G am a FINDINGS OF FACT C7 ~ " p` c 1. That BRADLEY RESIDENTIAL LLC. is the owner of the subject property. _ o cst e—+ A o0 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the L" Respondent,having been duly notified,appeared at the public hearing in person and by counsel,Gary Ralph,Esq. 13.31 CD o and entered into a Stipulation. me e--41 3. That the Respondent was notified of the date of hearing by certified mail and by posting. cc� ° ca c 4. That the real property located at 725 Pine Cone Lane,Naples,Florida 34104,Folio Number 65670200000,more particularly described as:Lot 4,Block 1,Palm Springs Estates,Unit No. 1,according to the MPlat thereof,as recorded in Plat Book 8,Page 22,as recorded in the Public Records of Collier County,Florida is in oviolation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(a) and The Florida Building Code 2004 Edition,section 105.1 in the following particulars: oq ea AS Addition to rear of main living structure without Collier County permits. ORDER OF THE BOARD Co3 o o Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby _ 134. 1.31 ORDERED: "c2 " x o 0 1144 That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections Q a o 10.02.06(B)(1)(a)and The Florida Building Code 2004 Edition,section 105.1 be corrected in the following +-1 .-i Co 0. co o . manner: 1. By submitting an application for Collier County permits within 30 days(March 25,2007). 3• 2. By obtaining inspections and certificate of occupancy within 60 days of the issuance of the permits. 3. That if the Respondent does not comply with paragraph 1 within 30 days(March 25,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 above within 60 days of the issuance of the permits,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$429.30. Any aggrieved party may appeal a 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. LC) DONE AND ORDERED this day of p ,2007 at Collier County, cv 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(!k day of ( b, , 2007,by Teri Barnett,Chair of the Code Enforcemen. and of Collier County,Florida,who is personally known to me or who has p oduce,d a Florida Driver's License as identification. Donna L. Modu o ! _ Commission#1)D234494 NOTARY PGGUBLIC ):°_Expires:Aug 3 8,2002 My commission expires: 9 •pP�� Bonded Thru '++.+++` 4tlankic,Bonding Co..Inc CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U.S. Mail to William J.Bradley,2760 68th Street S.W.,Naples,Florida 34105 and to Gary Ralph,Esq.,720 Goodlette Rd.N.,Naples,Florida 34102 this -, .,r day of /?4 ,2007. --- M.Jean Rawson,Esq. carry Of COLLIE - Florida Be No. 750311 Attorney for the Code Enforcement Board HEREBY CERTIFY 17•4 f. this fs a am 400 Fifth Avenue S.,Ste.300 3rrecg C'`'%=1 of `' =s '.;11 Naples,Florida 34102 uua'd( res(+ !�t� (239)263-8206 -?--7 day of . rC NIGHT E. BF ; iC-C:L R: F COURTS COLLIER COUNTY,FLORIDA ) CODE ENFORCEMENT BOARD CEB CASE NO.2007-16 DEPT CASE NO. 2006011036 2OLLIER COUNTY BOARD OF COUNTY COMMIISSIONERS,Petitioner vs. Bradley Residential,LLC Respondent(s) AFF1I)AV1T OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Carmelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 2/23/07, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4193 PG 2050,et. seq. 2. That the respondent la contact the investigator. 3. That a re-inspection was performed on 05/25/07. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by returning living area back to open lanai on 05/25/07. FURTHER AFFIANT SAYETH NOT. Dated May,25, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD WY— C. u elo Gome Code Enforcement Official 4/ STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or . 'irmed)and subscribed before me this,May 25, 2007 /rf // ''i (Signature ofvr:tary Public) NOTARY P E LIC-S i 1 E OF FLORIDA , t Kimberly Brandes (Print/Type/Stamp Commissioned Commission#DD467410 Name of Notary Public) Expires: AUG. 31, 2009 Bonded Thru Atlantic Bonding Co.,Inc. Personally known\. REV 2/23/2006 5T TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Cesario and Yonacia Nunez Gerald and Elvira Warden CEB No. 2007-20 DEPT No. 2006070937 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 Stipulation(s) 6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-20 Dept. Case No. 2006070937 Plaintiff, vs. CESARIO AND YONACIA NUNEZ, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 204 Madison Ave. W. Immokalee, FL SERVED: Cesario and Younacia Nunez, Respondent Thomas Keegan, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-20 DEPT CASE NO. 2006070937 Board of County Commissioners vs. Cesario and Yonacia Nunez and Gerald and Elvira Warden Respondent(s) Violation(s): Violation of Ordinance(s) 2004-58, Section 6, Subsection(s): 11, 12b, 12c, 12k, 19c. Location: 204 Madison Ave W. Immokalee, FL Folio# 54550360000 Description: Exterior walls in need of repair, electrical systems not maintained, roof with holes and rooting materials, doors without proper hardware and area infested with ants. 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 0803, for more information. The Respondent has not complied with the CEB Orders as of March 22, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 8,343.19. See below. Order Item#2; Order Item#7 Fines at a rate of$ 200 per day for the period between June 5, 2007-July 15, 2007 (40 days) for the total of$ 8,000. Fines are still accruing. Order Item#6 Operational Costs of $343.19 have not been paid. 2. Retn: BEIDISA KARID 3995092 OR: 4205 PG: 0803 REC FEE 35.50 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COMITY, FL 2800 I HORSESHOE DR 03/30/2007 at 10:45AN DWIGHT I. BROCI, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-20 vs. CESARIO AND YONACIA NUNEZ,deceased GERALD AND ELVIRA WARDEN, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW : s o BR-6-61:1E BOARD THIS CAUSE came on for public heart i e Board on Mar 7,and the Board,having heard testimony under oath,received evide e, -• eard respective to all ap.'bpria matters,thereupon issues its Findings of Fact,Conclusions of La ,an, •, .- . I Board, • follows. j I. That Cesario and Yonaci Nu o rs rt p op- . 2. That the Code Enforceme t s•rd has jurisdiction of t s ers a ofle.- ' -spondents and that the Respondents,having been duly noti •v;speared at the public s g •y -ntatives,Gerald and Elvira Warden,and entered into a Stipulatis• 3. That the Respondents were noti -QAt a- ••.to of hea+'• . - Ted mail and by posting. 4. That the real property located at 204 Masi s- C• .,Immokalee,Florida 34142,Folio No. 54550360000,more particularly described as Lot 9,LA VILLITA ESTATES,according to the plat thereof, recorded in Plat Book 9,Page 51 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 2004-58,The Property Maintenance Code,section 6,subsections 11, 12b, I 2c, 12k, and 19c in the following particulars: Exterior walls in need of repair,electrical systems not maintained,roof with holes and rotting materials, doors without proper hardware and area infested with ants. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,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 2004-58,The Property Maintenance Code,section 6, subsections II, 12b, I2c, 12k,and I 9c be corrected in the following manner: - - - t3 . OR: 4205 PG: 0804 I. By submitting a complete application for all Collier County Building Permits for roof and electrical work within 14 days(April 4,2007); 2. Upon receipt of permits,by obtaining a certificate of completion within sixty(60)days of the day the permit is issued; 3. By repairing all exterior walls so that they are free of holes and rotting material within 14 days(April 4,2007); 4. By attaching proper hardware to all doors within three(3)days(March 25,2007); 5. By treating insect pest infestation within three(3)days(March 25,2007); 6. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days (April 4,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 7. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of obtaining a permit,then there will be a fine of$200 per day for each day that the violation continues past that date. 8. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 14 days (April 4,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 9. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 3 days (March 25,2007),then there will be a fine of$25 per day for each day that the violation continues past that date. 10. That if the Respondents do not comply with paragraph 5 of the Order of the Board within 3 days (March 25,2007),then there will be a fine of$25 per da for each day that the violation continues past that date. 11. That the Respondents are to noti .r.: W. . Icials that the violation has been abated and request the Investigator to come out an• • • , .•- •... •. 12. That the Respondents are . ,,r6. pay all operation. es.,'•curred in the prosecution of this Case in the amount of$343.19. Any aggrieved party may .ppe. a `. -offer of he Bo. • to the 'rcui,Court within thirty(30)days of the execution of the Order appeal- A :; .h. - - •- - •,bu shall be limited to appellate review of the record created withi,. Fi ' •- ..1 . .t.- •. •'s O der. DONE AND ORDERE a tfi ✓•. .�st ,20!■ . _ . f ounty, Florida. t" ,. CODE E 4:C M' ► :OARD 1 COLLIER et J r ,, 0 RIDA Q BY: _.e „ _ //,-_ �.�rn';a1 air 1•�a rth Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) e foregoing instrument was acknowledged before me this,)7 day of Nett]. , 2007, Sheri Barnett,Chair of the Code Enforce en Board of Collier County,Florida,who is personally known to me or who h pr. , ced a Florida Drivet's License as identification. Donna L.*dugno 1 • z1�9d ''�` Commission 4DD..- i. A_ L.l�-/ ices:Auk i ii -00• �,� li 3.." ,.t.:�;Exp .D,r, NO A' PUBLIC ' Bonded lnt My commission expires: • ' r. `•:=n �4OFf 4tlanncBondingCn JL; ty of COLLIER '-C RL 3 V `- yF p,ft.:th:s iS a true and .r;ec•: ..o. et,• :,w;. `ia to _-_,,:...,d .. : ' • i'r; ... e1•County �"� + --,4 --i ' - ' 7 ..i .-: ',ills a Ye, t!rbKcthr2. Q2; .. r Ot ,G1.T1E. .Ci.,k, CLERK OF COURTS -av " — , D.C. 4. OR: 4205 PG: 0805 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER �' een sent by U. S.Mail to Gerald and Elvira Warden,204 Madison Avenue w.,Immokalee,FL 34142 this , day of_,nct_u_L_,2007. M.Jean on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 (frOlt C 0 0247.e). 1153 y 1 CZ ° 1--' �r, l,..0 1 111-E Cilil'eC BOARD OF COUNTY COMMISSIONERS *** OR: 4205 PG: 0806 *** Collier County, Florida Petitioner, ` Vs. 06,44_ Ic( r k) ;�tick.A 156° CEB NO. �O 7-) S-,...„,e. .)_,, Zo (!ASftt?.�Q OJv.112L 6� { DEPT NO. Q00(00 -10 i Liot1co,;a, t3wne CI Respondent(s)&/U/iCp W1 ' el') �'f'`� STIPULATION/AGREEMENT ees re.+o k) ez, (7{onote.At /Jw� COMES NOW, the undersigned, . , on behalf of himself or • as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) numberec• dated the 3(st day of jQ - , 20N.(o tvi 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*Ate(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 Noti.- • Violation are accurate and I stipulate to their existence. DWI a'a ti,..' , Ex��c;oe. watts i. need o-F• - 1/- —p412,-el4.C-i-Ctal s%-sir S A atira;el/cL, (nca, 2) The violations are that of.sectio► and are desc -,. =- h s f s ..c#io l - 1zs, lie--At + 190- . •((,e:r „-f-y O� O -S& THEREFORE, it is agreed betw-en e •- th- he f e ponde�t s'all; 1) Pay operational costs in the am.u o :ft ' i •Tpros-cution of this case. " S ;It • ` .:4c1 ' . 2) Abate all violations by: .1 y ‘<<•.rt1 .-lio„i kez,dl1 Boll;e., C« -}y Id; Re +s 1 +.2 roes- 6-"Oki v:cf Ott ii -f-hi, ludo y s o-�- :- heft ciaq.v c Fii , o i._co pQ4.c :tea ot t t S Sc.ibwv eee2; • ' -�Q-n., s d b�'0.i^ r U- ;I - .Q t C r� ;vn �, e7� - U it t c 4..7-4-44;cafe, of ecr�le.-�; l i11 S‘K4- cdc1yS o{-I- .-. el '-e-�: - & r;rig s-F otDD.OD .da A.i�eou.d w}-;I -the, eAa , r, pA►Zi•,3 1 t EKh 2.,OR (Lx3 ((S I So�Fnt-ii,e &c.2,-€--2e0_, c4- ho(ts cz •4' a'f,t t cz( W t4}Ni., rid da Y S c 'FA; Pr 2 h 6,0 a -e, Q 4 rC©.oa a y w;U be ;M-ostcl w�-tr l U o t r'S 4ha+4d. 1:Z t'i44°";.^ l\door-S w, i n 3 d o.y of i S ?- e,n5 Cr q v;ne c'f i- .co a r� 02 im 4�. �Irt fira7 inset- 1- pesf t:fiesF,{;o., w;-th., c4 s &-fi,:s )-*A c'rR C? & F,, . g c, w (Y 3) Respondent must notify Code Enforcement that the violation has been abated ani request the 4 s'cO Investigator to come out and perform a site inspection. y ts,tt bit / , 1 i(ripoS.Q di '(Th (1.4------ -3 .1:16 Respondent Michelle Arnold, Director d4-L, � G�` Code Enforcement Department 3-2_Z-v7 Date Date . REV 2123/07 • CS COLLIER COUNTY,FLORIDA Cc ) CODE ENFORCEMENT BOARD CEB CASE NO. 2007-20 DEPT CASE NO. 2006070937 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cesario and Yonacia Nunez,Deceased Gerald and Elvira Warden,Respondent(s) AFFIDAVIT OF NON COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 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 0803, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on: June 5th, 2007. �., 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was NOT in compliance by Obtaining a Certificate of Completion as stated on Order 2. of the Code Enforcement Board Orders. Respondent was to obtain a Certificate of Completion within sixty days of the day that the permit was issued which the permit was issued on April 4th,2007. The respondents were in compliance with Order 1. which was submitting a complete application for all Building Permits,Order 3. Repairing all exterior walls., Order 4.Attaching proper hardware to all doors, and Order 5.Treating insect pest infestation. . FURTHER AFFIANT SAYETH NOT. DATED this 5th day of J u ne,2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER Thomas Keega Code Enforcement 0 STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5th_day of June 2007 by Thomas Keegan. fI ;U 1J l?x ° x �1; a� f; Sign. e of Notary Public) 1, T i a . `.1oit1Lc3st� 'F F✓ 6),r`8F REV 2/23/2006 ► d":t�� aunt tomMo...4 7. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Angel and Lissette Riquelme CEB No. 2007-34 DEPT No. 2006110568 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S)1 Executive Summary 1 Past Orders of the Board 2 Stipulation 3-5 Affidavit(s) 6 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-34 Dept. Case No. 2006110568 vs. Plaintiff, ANGEL AND LISSETTE RIQUELME, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2095 47th Avenue N.E. Naples, FL 34120 ,--.. SERVED: Angel and Lissettte Riquelme, Respondent Thomas Keegan, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/1/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-34 DEPT CASE NO.2006110568 Board of County Commissioners vs.Angel and Lissette Riquelme Respondent(s) Violation(s): 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). Location: 2095 47th Avenue,N.E.,Naples, FL Folio# 39658640003 Description: Unpermitted shed. Past Order(s): On May 24, 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 4241 PG 2413, for more information. The Respondent has not complied with the CEB Orders as of May 24, 2007. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$ 6,157.80. See below. Order Item# 1; Order Item#5-Failure to submit for Building Permit. Fines at a rate of$ 100 per day for the period between June 24, 2007-July 15, 2007 (21 days) for the total of$2,100.00. Fines are still accruing. Order Item#3; Order Item# 7-Failure to obtain a Demolition Permit. Fines at a rate of$ 100 per day for the period between June 8, 2007-July 15, 2007 (37 days) for the total of$ 3,700.00. Fines are still accruing. Order Item#10 Operational Costs of $ 357.80,have not been paid. 2 . Retn: BENDISA MARKU 4000287 OR: 4241 PG: 2411 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 35'50 2800 N HORSESHOE DR 06/08/2007 at 01:30PM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-34 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Angel Riquelme and Lissette Riquelma are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2095 47`h Avenue N.E.,Naples,Florida,Folio 39658640003,more particularly described as The East 105 feet of Tract 80,GOLDEN GATE ESTATES,Unit 60,according to the Plat thereof, recorded in Plat Book 7,Page 62,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)1)(d)(i)in the following particulars: Unpermitted shed. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the Stipulation,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a), I0.02.06(B)(1)(d)and 10.02.06(B)1)(d)(i)be corrected in the following manner: 1. By submitting a complete application for all Collier County Building Permits within 30 days(June 23, 2007)and pursing the application process with due diligence until the permit is issued. 2. Upon receipt of permits,by requesting all inspections and obtaining a Certificate of Completion within 60 days of the day the permit was issued. O OR; 4241 PG: 2414 3. In the alternative,by obtaining a Collier County Demolition Permit within 14 days(June 7,2007). 4. If a Collier County Demolition Permit is obtained,by requiring all required inspections and by obtaining a Certificate of Completion within 7 days of the day the permit is obtained. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 30 days (June 23,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board,then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board, then there will be a fine a$100 per day for each day until the permit is obtained. 8. That if, in the alternative,the Respondents do no comply with paragraph 4 of the Order of the Board, then there will be a fine of$200 per day until the Certificate of Completion is issued. 9. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.80. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this }4'Cif day of ��‘."-- ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Florida 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was ac owledged before me thist4A day ofd "` 2007,by Sheri Barnett,Chair of the Co nforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identifi . '.. A I ,�Y iy CHRISTINA L URBP,NOWSKI NI A - U _ • ). % �r 1, = MY COMMISSION#DD241717 • L ,* EXPIRES.November 22,2007 My commission expires: "r'• Bonded Thro Notary p is unoerwdters y�oiuF`••' :;OLIrdty of COLLIE 1 l ER!.BY CERTIFY THAT tt is is a true Wel 3;s o of i r- Y a.C, �r.;rt can fid3EF in h r� r z s o Cogler County y4 LSS y fa'' i7 r"3,4 ici t'aialthis. DWIGHT E. 'ROGK,CLERK or CO € '$, nrg OR: 4241 PG: 2415 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail tq�. S. 31Lt_otAngel Riquelme and Lissette Riquelme,2095 47` Avenue N.E.,Naples,Florida 34120 this Q ,,2007. day of ) 7 6'a</■4 Jean R ' son,Esq. Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 • oui-+rev yr LUUN I Y (.OMMISSIONERS Collier County, Florida OR: 4241 PG: 2416 *** Petitioner, Vs. CEB NO. ° - 3C( DEPT NO. Angel Riquelme ��( � �� lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, And( ;i C>elrnPon behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006110569 dated the 27thday of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for may 24th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted shed built without first obtaining all Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: o Submitting a complete application for all Collier County Building Permits within1'9.4 days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the lnvesti. - . to come out and perform a site inspection. ›' ,„;03121) tf4 Respondent Michelle Arnold, Director Code Enforcement Department ( -3/0 Date REV 2/23/07 Date 6 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-34 �., DEPT CASE NO. 2006110568 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Angel Riquelme Lissette Riquelme,Respondent(s) AFFIDAVIT OF NON COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for Enforcement Board of Collier County,who after being fully sworn,deposes and says: or the 1. That on May 24`, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4241 PG 2413, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on: June 27 2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was NOT in compliance by NOT submittin a com lete a lication for all Collier Coun Buildin Permits within th. da s of the hearin. June 23`d 2007 as •er Order 1. of the Board and also did not com.l with order 3. of the Board which lave the res s ondent the o.tion of obtainin• a Collier Conn Demolition •ermit within fourteen days of the hearing(June 7d'20071 . FURTHER AFFIANT SAYETH NOT. DATED this 27th day of June,2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER Thomas Ke STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 27th day of June 2007 by Thomas Keegan. — — !'27 ' ` NOTOYP B1IC•STATEO gna e of Notary Public) S , FFLp�pA v$11s1 J10'F�'�ISsion#DD618 8 REV 2/23/2006 l/ BONDED NOV '9 2010 1 Tat'ATLANTtt BONDYGCO.INC 7 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-34 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 24,2007, 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 June 4,2007 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4241, PG 2413, et. seq. on June 8,2007. An Affidavit of Non Compliance has been filed with the Board by the Code Enforcement Official on June 27,2007, which Affidavit certified under oath that the required corrective action was not taken as ordered within the required time frames. Accordingly, it having been brought to the Board's attention that Respondents did not comply with the Order dated June 4,2007 during the required time frames, it is hereby ORDERED,that the Respondents,Angel Riquelme and Lissette Riquelma,pay no fines for Order Item#5 and Order Item#7 of the Order of the Board,but pay operational costs of$357.80 within 30 days. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent conies into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this -j(1�1 day ofI ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA,,- BY: ( '.-a ,; -t"'- ,'�'l.L , Gerald Lefebvre ice Chair (i 2800 North Ho eshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this-36411 day of -1.; ,2007,by Gerald Lefebvre, Vice Chgi•► 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 ide ' i . ,JI �s+�i, Kertl L Hall • 4 • My Commission pp2878� NOTARY PUBLIC a ewes Match 30.2008 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 Angel 'quelme;nd Lissette Riquelme,2095 47th Avenue N.E.,Naples,Florida 34120 this . / day of ,2007. / 111 /7'1 fi, E-at_tr,4e , M.Jean 'a son, Esq. Florida :.r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 Awe of 1-LORIUA ,ounty of COLLIER I HEREBY CERTIFY THAT this Is a tilts ana correct cppy_of nocun?ent an file in Board IVYpititeg a.)d I' .'`y P)?' CO1tia WilgpS in rr.�., ,,r Co�nt�► day p �, _. .. I seal this 41. ' - _# iFli , ...A..... D.c. ,...„----"" Owle T E. BRC CLERK OF COURT �,..11.l� TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Angel and Lissette Riquelme CEB No. 2007-42 DEPT No. 2006110569 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S) Executive Summary 1 Past Orders of the Board 2 Stipulation 3-5 Affidavit(s) 6 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-42 Dept. Case No. 2006110569 Plaintiff, vs. ANGEL AND LISSETTE RIOUELME, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2095 47th Avenue N.E. Naples, FL 34120 SERVED: Angel and Lissettte Riquelme, Respondent Thomas Keegan, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/1/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-42 DEPT CASE NO.2006110569 Board of County Commissioners vs. Angel and Lissette Riquelme Respondent(s) Violation(s): 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). Location: 2095 47th Avenue,N.E.,Naples, FL Folio# 39658640003 Description: Unpermitted in ground swimming pool. Past Order(s): On May 24, 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 4241 PG 2409, for more information. The Respondent has not complied with the CEB Orders as of May 24, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 6,157.80. See below. Order Item# 1; Order Item #5-Failure to submit for Building Permit. Fines at a rate of$ 100 per day for the period between June 24, 2007-July 15, 2007 (21 days) for the total of$2,100.00. Fines are still accruing. Order Item#3; Order Item #7-Failure to obtain a Demolition Permit. Fines at a rate of$ 100 per day for the period between June 8, 2007-July 15, 2007(37 days) for the total of$3,700.00. Fines are still accruing. Order Item#10 Operational Costs of $ 357.80,have not been paid. 2. Retn: BENDISA MARKU 4030286 OR: 4241 PG: 2409 REC FEE 35.50 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 06/08/2007 at 01:30PM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. CEB NO.2007-42 ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Angel Riquelme and Lissette Riquelma are the owners of the subject property. n 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2095 47th Avenue N.E.,Naples,Florida,Folio 39658640003, more particularly described as The East 105 feet of Tract 80,GOLDEN GATE ESTATES,Unit 60,according to the Plat thereof; recorded in Plat Book 7,Page 62,of the Public Records of Collier County,Florida, is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(d)and 10.02.06(B)(1)(d)(i) in the following particulars: Unpermitted in ground swimming pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the Stipulation,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(l)(d)(i) be corrected in the following manner: 1. By submitting a complete application for all Collier County Building Permits within 30 days(June 23, 2007)and pursue the application process with due diligence until the permit is issued. 2. Upon issuance of permits, by requesting all inspections and obtaining a Certificate of Completion within 60 days of issuance of said permits. OR: 4241 PG: 2410 3. In the alternative,by obtaining a Collier County Demolition Permit within 14 days(June 7,2007). 4. If a Collier County Demolition Permit is obtained,by requiring all required inspections and by obtaining a Certificate of Completion within 7 days of the day the permit is obtained. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 30 days (June 23,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board,then there will be a fine of$200 per day for each day that the violation continues past that date. 7. That if,in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board, then there will be a fine a$100 per day for each day until the permit is obtained. 8. That if,in the alternative,the Respondents do no comply with paragraph 4 of the Order of the Board, then there will be a fine of$200 per day until the Certificate of Completion is issued. 9. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.80. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ' ' da Florida. y of „oda- ,2007 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ...„. Sheri Barnett,Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Florida 34104 )SS: COUNTY OF COLLIER) e The foregoing instrument was acknowledged before me this't' day of 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 i•-- • . •. NOTARY PUBLIC My commission expires: • CHRISTINA L URBANOWSKI i MY COMMISSION#DD 241717 � ' -. ' C; �n e. _ A 1• EXPIRES:November 22,2007 .ioL'Y or COLLIER ...... Bonded Thru Notary Public Underwriters r cony of a=c k..;:nri on t:o in VriI r.,ESS my h io L ° v,.i �a3_y J the DWIGHT E. E ROCA CE t COURTS, �•v OR: 4241 PG: 2411 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail t S. Mail to Angel Riquelme and Lissette Riquelme,2095 476 Avenue N.E.,Naples,Florida 34120 this ,.'') tray of 2007. M.Jean R on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 6 BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR; 4241 PG: 2412 Petitioner, Vs. CEB NO. 2007-42 Angel Riquelme DEPT NO. 2006110569 lissette Riquelme Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,(stn( einti-e ►; on behalf of himself or as representative Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution f Notices of Violation in reference (case) number 2006110569 dated the 27thday of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for may 24th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B) (1) (a), 10.02.06(B) (1) (d), 10.02.06 (B) (1) (d) (i) of Collier County Land Development Code 200-41, as amended and are described as Unpermitted pool built without first obtaining all Collier County Building Permits. THEREFORE,it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$357.80 incurred in the prosecution of this case. 2) Abate all violations by: 77<g_ Submitting a complete application for all Collier County Building Permits within 4 days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is issued. Upon receipt of permits, request inspections and obtain a Certificate of Completion within 60 days of the day the permit was issued or a fine of$200.00 a day will be imposed until the violation is abated. OR Obtaing a Collier County Demolition Permit within 14 days of this hearing or a fine of$100.00 a day will be imposed until the permit is obtained. Request all required inspections and obtain a Certificate of Completion within 7 days of the day the permit is obtained or a fine of$200.00 a day will be imposed until the Certificate of Completion is issued. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Resp., d-- Michelle Arnold, Director Code Enforcement Department S2,51:A Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-42 DEPT CASE NO. 2006110569 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Angel Riquelme Lissette Riquelme,Respondent(s) AFFIDAVIT OF NON COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 246,2007, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4241 PG 2409, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on:June 27, 2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was NOT in compliance by NOT submitting a complete application for all Collier County Building Permits within thirty days of the hearing(June 23,2007)as per Order 1. of the Board and also did not comply with order 3. of the Board which gave the respondent the option of obtaining a Collier County Demolition permit within fourteen days of the hearing(June 7t,2007).. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of June,2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER Thomas Keeg Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 27th day of June 2007 by Thomas Keenan. _AZ 410/ / NOTARYPUBLIC•STATEOFFLORIDA ignature •f Notary Public ��••��•,, X,A. Van Sickle je / , ,,5 Expires �� >;i =Commi88Ion#DD618488 REV 2/23/2006 "tsp. p�d NOV 74 2010 BONDBDTHRCATLAN1i[BONDINGCO.INC CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-42 vs. ANGEL RIQUELME AND LISSETTE RIQUELMA, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 24,2007,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 June 4,2007 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4241,PG 2409, et. seq. on June 8,2007. An Affidavit of Non Compliance has been filed with the Board by the Code Enforcement Official on June 27,2007,which Affidavit certified under oath that the required corrective action was not taken as ordered within the required time frames. Accordingly, it having been brought to the Board's attention that Respondents did not comply with the Order dated June 4,2007 during the required time frames, it is hereby ORDERED,that the Respondents,Angel Riquelme and Lissette Riquelma,pay no fines for Order Item#5 and Order Item#7 of the Order of the Board,but pay operational costs of$357.80 within 30 days. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this -1-7L, day of 1(-11 ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY %,ae.i s4-' Gerald Lefebvr Chair / 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ...4„The foregoing instrument was acknowledged before me this day of _X-')�' ,2007,by Gerald Lefebvre,Vice Ch r of the Code Enforcement Board of Collier County,Florida,wbo is / personally known to me or who has produced a Florida Driver's License as i n ' ti n. 1 Kern L Hall t'/ 'Comm,ss+o<►D0287698 NOTA Y U _, C Or°� ExPlree March 30,2008 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen by U. S. Mail to Angel I uelm and Lissette Riquelme, 2095 47th Avenue N.E.,Naples,Florida 34120 this_ S / day of 2007. A ) M.Jean on Es q.q Florida No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 .tare 01 FLORWA .'ounty of COLLIER I HEREBY CERTIFY THAT this Is a true and ^orreet copy'cf Ya oocu ?eft on file in tloari rvl ir te,s:erd R..;t , of Collier County IsWi a+ E. RROCK, .RK OF COURTS 1L D.C. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Domenic P. Tosto and Joanne M. Tosto CEB No. 2007-32 DEPT No. 2005010592 Request for Time Extension ITEM PAGE(S) Notice of Hearing 1 Petition Letter 2 Past Orders of the Board 3-5 Stipulation(s) 6-8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-32 Dept. Case No. 2005010592 Plaintiff, vs. DOMENIC P. TOSTO AND JOANNE M. TOSTO, Respondent / NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: July 26, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: TWN. 53, SEC. 10, RNG.26, Parcel# 4, Lots B-10, through and including B-14, Folio# 01199120007, A.K.A. Morgan Isle, Cape Romano, Collier Co. FL. SERVED: Domenic P. Tosto and Joanne M. Tosto, Respondent Dennis Mazzone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 6/11/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE / 07 7b 2o ll/(/L Co u&vy Co r' A. re pecC tie./- P'I R S. 'N a 1 SA /'1 41l.Kli( f CoOC. riJFogiegin tPT Coo(1.1)Mt/ALM It RED': CC AID. 49067- 3 ale T7 Th3 7) 772_ugr vv IA L6 / lC c Pen i7oN 7? C.E'.?3. 7D /x ob/Gy AA) A62e rne 2,447-1,6 APR, 26, 2 o07 B 7-yu s-N Cv 1/i'.c - ()Airy 1-Nc 7 7,dS7b 7-Pits-F.-. L.//✓e # CO�'° y' `� �T�'S' MLA-7- Get poN Pt ' 'i6/D/N GS OF AA) EA 6 /,v e c€ nZS ipoi OF -n-re P r\1 i SE-S C .��.& i2 A-y gk r/t)D T mMer-A- 6 TO ,S w3 5 774-//y� Co (4�p 71/t- E N G/w e e / Po 11-7". /1 c 7 7 2-u sr c C o/✓1 — F l e l T A 1 5 7?9-7 " / "Ou /, e-(n n f 7- i4- .) I S' 1117)s C /PA--rinl 6 Si Tt•" A P ov -e, SddyLJ_ )nr Al2-6 o2IL/N6 o 7 /6Av A-A.1 P Anib 1,1/4.) If 234 CoM.pJ�r -� � y NOV. / , Zoo 7 A-r livtftc/-/ P/vie- IA) ► L.C, Pr P L y _Pon- R Co/lli2 Cou ?2€N frT)o, Pr r1 /;4/A-NK1 O pc /o/ 0 u/L CDN , o,' //t1 l /44- Dmtt c Tom /TA-Luke 22 JUN`97AM8:59 Retn: BELINDA MARKU 4013365 OR: 4224 PG: 0252 AEC FEE 103.50 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 05/04/2007 at 09:57AM DWIGHT E. BROCK, CLERK Iv " NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-32 vs. DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO, TRUSTEE,AND JOANNE M.TOSTO,TRUSTEE OF THE FAMILY LIVING TRUST Respondents / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT • I. That DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO,TRUSTEE,AND JOANNE M.TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation and an Amendment to the Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 109 Curacao Lane,Bonita Springs,Florida 34134,Folio 01199120007, more particularly described as(see attached Legals),of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6,Par. 12, Sec. 11,Sec. 12,Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance,Sections 7 and 8 in the following particulars: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of,but not limited to, fire damaged,weather damaged,structural elements,plumbing installations,construction materials,metal,plastic and paper items,left uncontained and unattended throughout this entire"Area of Critical State Concern/Special Treatment"(A-ACSC/ST)zoned property. 2 OR: 4224 PG: 0253 ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation and Amendment, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,The Property Maintenance Code,Section 6,Par. 12,Sec. 11,Sec. 12,Sec. 15,and Sec. 16 and Collier County Ordinance 2005-44,The Litter and Weeds Ordinance, Sections 7 and 8 be corrected in the following manner: 1. By applying for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the"A-ACSC/ST"zoned property in question and all seaward effected property by May 28,2007. 2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27,2007. 3: By executing said demolition permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe,unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by October 28,2007. 4. By removing all weather damaged and wind driven structural elements,construction materials and other foreign materials originating from a wood frame stilt residence previously owned by Mr.John Kotula and currently located throughout adjacent neighboring lots,to an approved site for final disposal,or arrange to remove all same by other lawful means,so as to comply with all Collier County Housing,Maintenance,Litter and Land Development requirements. The Respondent is in compliance with this paragraph. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 28,2007, then there will be a fine of$250 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board by June 27,2007, then there will be a fine of$250 per day for each day that the violation continues past that date. 7. That if the Respondents do not comply with paragraph 3 of the Order of the Board by October 28, 2007,then there will be a fine of$250 per day for each day that the violation continues past that date. 8. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection within 24 hours after abatement. 9. That the Respondents may petition the CEB to modify this Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28,2007,unless otherwise extended by the Code Enforcement Board. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$1,295.34. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 36 day of 6?0,111,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD State 01 FLORIDA COLLIER COUNTY,FLORIDA 3oslnty of COLLIER A' � BY: Sheri Barnett,Chair I HEREBY CERTIFY_TRArthisit a true and 2800 North Horseshoe Drive Correct copy e t IC?ifi:rfOtt fla Naples,Florida 34104 Board MinuteSL ,;id i - a: f Cdfl er County VALFJ,ESS my qno an e:it r:I scat this _ ay of .;, • OWE T E. BROOK. 'ERIC OLCOURTS t1 }, Q.C. �-- OR: 4224 PG: 0254 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi day of ■ 2007,,by Sheri Barnett,Chair of the Code Enforcement Board of Collier Co ono a, • V personally known to me or who has produced a Florida Driver's License as identific• 'en. •- y QM:3_=•('‘ - n3 ,-S'callilij- f,,,. n LURBAN 241717 ,x ARY PUBLIC •` My commission expires: ,nY`. er?2,2007 p CHRISTINA L URBANOWSKI "" s _ u_ ' `► i■`L MY COMMISSION#DD 241717 '— EXPIRES:November 22,2007 CERTIFICATE OF SERVICE t its' , Bonded Thru Notary Public Underwriters I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO,TRUSTEE,AND JOANNE M.TOSTO,TRUSTEE OF THE FAMILY LIVING TRUST,9893 Clear Lake Cir.,Naples,FL 34108 this day of 2007. M.Jdan R on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 • Naples,Florida 34102 (239)263-8206 • BOARD OF COUNTY COMMISSIONERS OR: 4224 PG: 0255 Collier County, Florida Petitioner, Vs. CEB NO.2007-32 DEPT. NO. 2005010592 Domenic P. Tosto a/k/a/Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the Family Living Trust, on behalf of himself/ itself, or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-32, dated the 26th, day of APRIL, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for APRIL 26, 2007, to promote efficiency in the administration of the code "nforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the arties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame "seven" dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA OF CRITICAL STATE CONCERN / SPECIAL TREATMENT' (A-ACSC / ST) zoned property, and adjacent (A-ACSC/ST) zoned properties. REV 2/23/06 OR: 4224 PG: 0256 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 1,295.34 incurred in the prosecution of this case. 2) Abate all violations by: Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC / ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-b) Respondent(s) must execute said Demolition Permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. 2-c) Respondent(s) must also remove all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by a Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier Co. Housing, Maintenance, Litter and Land Development requirements, by Oct. 28, 2007, or a fine of$250.00 per day will be imposed each day the violation continues. * Respondent(s) remedial efforts must comply with all Collier County Environmental requirements * 3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all premises: 0 in question within 24 hours after abatement.. Respondent d9�°7 Michelle Arnold, Director utj , Code Enforcement Department REV 2/23/06 JI OR; 4224 PG; 0257 a v JJ m L JkSJL Lreev1-1 iii III II LI , --Rie 5 1 ! 3 . - . 1iliec-vo TO1 VY/a e L e Coyle f;-'0gfcei(le-;/ jJ 1 oar) IlflA-1 v . 11i I s - Lo r) ti w! I h _ t! r -V-1)t 0 5 0 ,0 e� et JS e I aY4 0 1 I :AS '(eWflS , g e Pvi Neh': 10.0tirl --- r-toc- f i / i - . i ___, ----) . .--j - - . - -1 c.am0 6 iNd .) 8 ) 0o7 . - livvi It's -I ______D-- _ - i i - ' ' -D- ' - .-- . i 5 izX 4P cl 0 y( c - e, -- ;I wt rOf day , . -ii! ill - - /S, 'e 6,,m1 ii! 111 j�-- r_rz ,, -.11 - - � c-- 4—z-c — e27 _ -, • III . - ll iD-ktc7 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-32 vs. DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO, TRUSTEE,AND JOANNE M.TOSTO,TRUSTEE OF THE FAMILY LIVING TRUST Respondents ORDER ON REQUEST FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 26,2007,on the Respondents' Motion for an Extension of Time. The Respondent appeared in person. The Board,having heard argument, testimony under oath, received evidence respective to all appropriate matters,thereupon issues the following: FINDINGS OF FACT I. That the parties entered into a Stipulation Agreement and an Addendum thereto on April 9, 2007 and April 26,2007 respectively. 2. That the Board issued an Order on April 30,2007 approving the Stipulations. 3. That the Board `s Order stated, in part,that the Respondents may petition the CEB to modify the Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28, 2007,unless otherwise extended by the Code Enforcement Board. 4. That the Respondent has completed all applications and is awaiting state approval. The Respondent requests an extension to November 1,2007. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: The Respondent's Request for an Extension to November 1,2007 is Granted. There will be no imposition of fines until after that date. 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„Ay(1 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI R COUNTY,FLORIDA; -'V BY: /ZE 4(!/ ��ti�—1 ,/�.-'(- Gerald Lefebvr Vice Cha 2800 North rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this-Vv'day of Igii , , 2007,by Gerald Lefebvre,Vice Chai f the Code Enforcement Board of Collier Coun , lorida,who is personally known to me or who has produced a Florida Driver's License as identification. C i1 Kern NOT R PUBLIC ► comma D02$70p0 My commission expires: Exprss March 30,2000 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to DOMENIC P.TOSTO,a/k/a DOMENIC TOSTO,TRUSTEE,AND JOANNE M. ■STO, TRUSTEE THE FAMILY LIVING TRUST,9893 Clear Lake Cir.,Naples, FL 34108 this -- / day of ,2007. 4/7 M. Jean a son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 Mare co F LORIUA ,;ounry of COLLIER • I HEREBY CERTIFY THAT this ts`a trite MO correct copy of a Clefx rc rit on,fite id: Board Minutes art# ^ i'.,,:•:-t-': of'Coltie>c Count, wITN ESS my rs_.1,:, '"t:;.1 I seal this (5t aay of ?� °, OW ` E. BROCK, C ERK OF COURTS .O1,LIl,, "' � Memorandum To: Code Enforcement Board From: Michelle Arnold, Director Date: July 11, 2007 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. As a result, I am requesting authorization to forward these cases to the County Attorney for foreclosure or collection by a Collection Agency. HEARING COMPLY-BY OPERATIONAL "STATUS; RESPONDENT CEB# DATE DATE TOTAL FINE COST. TOTAL$DUE N Non/C:Comp LAST RECHECK' Deborah Katchur 2004-015 3/25/2004 7/24/2004 $0.00 $1,656.25 $1,096.25 C 10/6/2004 Gary D.Wilson 2004-28 6/24/2004 6/24/2004 $0.00 $1,090.75 _ $490.75 C 1/5/2006 Douglas S.White 2004-081 1/27/2005 5/27/2005 $73,900.00 $1,286.31 $75,186.31 N Samuel Mena 2006-01 2/23/2006 4/7/2006 $1,400.00 $0.00 $1,400.00 C 9/15/2006 Occeus Saintilien and Malveileas Estiveme (making monthly payments of $100.00.Paid$900.00 as of 6/6/2007) 2006-22 5/25/2006 6/1/2006 $50,000.00 $0.00 $49,100.00 C 7/21/2006 Casa Bonita Homebuilders, Inc 2006-24 6/22/2006 9/30/2006 $14,800.00 $474.33 $15,274.33 C 10/19/2006 Bruce Assam 2006-34 6/22/2006 7/26/2006 $47,100.00 $406.05 $47,506.05 N Cloe Waterfield 2006-35 8/24/2006 10/23/2006 $0.00 $478.45 $478.45 C 10/23/2006 Luis Angel Dones 2006-49 9/28/2006 12/28/2006 $97,000.00 $630.13 $97,630.13 N Elinord Pierre 2006-53 8/24/2006 10/23/2007 $27,600.00 $370.39 $27,970.39 N Code Enforcement Department