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Backup 08/23/2007 2007 Code Enforcement Board Backup Docs August 23 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: August 23,2007,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—July 26,2007 4. PUBLIC HEARINGS A. MOTIONS Motion for Re-Hearing 1. BCC vs. Rock Oil Company CEB 2007-51 B. STIPULATIONS 1. BCC vs. Guilliano Dilongo CEB 2007-72 C. HEARINGS 1. BCC vs. Steven Profaca CEB 2007-67 2. BCC vs. Willie L. and Marjorie Davis CEB 2007-68 3. BCC vs. Rodney M. and Kathleen M. Case CEB 2007-69 4. BCC vs. Sanctuary of Blue Heron CEB 2007-73 5. BCC vs. Victor Figueroa CEB 2007-77 6. BCC vs. Alfredo and Miradis Miralles CEB 2007-79 7. BCC vs. Eduardo and Maria Rodrigues CEB 2007-80 8. BCC vs. GE Management Group, Inc CEB 2007-86 5. OLD BUSINESS A. Request for Imposition of Fines/Liens 1. BCC vs. Jerry and Kimberlea Blocker CEB 2006-16 2. BCC vs. Jerry and Kimberlea Blocker CEB 2006-17 3. BCC vs. Jerry and Kimberlea Blocker CEB 2006-18 4. BCC vs. Cesario and Yonacia Nunez and Gerald and Elvira Warden CEB 2007-20 5. BCC vs. Jaycess Foundation of Naples, Inc CEB 2007-38 6. BCC vs. Carmen Vasallo CEB 2007-46 7. BCC vs. Scott and Tammy Furst CEB 2007-59 B. Request for Foreclosure Authorization 1. BCC vs. Jean-Baptist Lamour CEB 2005-05 2. BCC vs. Raul and Carmen Dimas CEB 2005-06 3. BCC vs. Worthwhile Development CEB 2006-42 4. BCC vs. Jesus and Laura Perez CEB 2006-45 5. BCC vs. Terry Hernandez and Brian Fultz CEB 2006-66 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE- September 27,2007 10. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rock Oil Company.,Respondent(s) CEB No. 2007-51 DEPT No. 2005090608 ITEM PAGE(S) Re-Hearing Request 1 Notice of Re-Hearing 2 Statement of Violation and Request for Hearing 3 Notice of Violation 3-7 Copy of Applicable Ordinance 8-12 Deed 13-14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-51 Dept. Case No. 2005090608 Plaintiff, vs. ROCK OIL COMPANY R/A: CT CORPORATION SYSTEM, Respondent NOTICE OF RE-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: August 23, 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: 4648 Tamiami Trail North, Naples, FL SERVED: Rock Oil Company R/A: CT Corporation System, Respondent Azure Sorrels, 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:7/19/2007 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 2 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-51 DEPT CASE NO.2005090608 Rock Oil Company R/A: CT Corporation System,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 The Collier County Land Development Code,as amended, section 5.06.04(C)(8)(c) 2. Description of Violation: The prohibited existence of color accent banding on gasoline station canopy structureas well as the service station structure. 3. Location/address where violation exists: 4648 Tamiami Trail North Naples,Fl 4. Name and address of owner/person in charge of violation location: Rock Oil Company, 50 South Bemiston Avenue Saint Louis,MO 63105-3306 5. Date violation first observed:September 15th,2005 6. Date owner/person in charge given Notice of Violation: September 23rd,2005 and December 15th, 2006 7. Date on/by which violation to be corrected:October 9th,2005 and December 31 s`,2006 8. Date of re-inspection: October 12th,2005 and January 12th,2007 9. Results of Re-inspection:Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 20th.day of March, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER vOTARY Pli tiL- TE(A,t'LU4t1LA Shirley M. Garcia Sworn to(or affirmed)and subscribed before thijday ofA 2007 by `'.'Col ion#D 1345 1.4 A��1. mess DEC. 21, 2019 l ?hl1�p@ t'tit A 1 18r iltlingC0.,Inc. Signatur. o • :tary Public) (Print/Type/Stamp Commissioned Personally known or produced identification Name of Notary Public) Type of identification produced REV 3-3-05 Case Number.2005090608 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION '''''''`vner: C T Corporation System Date 12/06/06 R/A for Rock Oil Company Investigator Azure Sorrels Phone: 239-403-2455 [Property Owner] Site Gas Station ---- [Business] Zoning Dist Sec 15 Twp 49 Rng 25 Mailing: 1200 South Pine Island Road Plantation, Fl 33324 Legal: Block 1 Subdivision Lot 16-18 Location: 4648 Tamiami Trail North Naples,FL Folio 63400200007 OR 129—g Page 880 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 You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. Remove red and blue accent striping from fascia and repaint the Ord No. 04-41,as amended Section fascia a soft earth tone or pastel color. DOrd No. 5.06.04(C)(4)(8)(c f—(Supplemental attached Section ❑Ord No. Section ClOrd No. Section ON OR BEFORE: December 31`� 2006 ClOrd No. Section El Ord No. Section Failure to correct violations may result in: /—"•• 1) Mandatory notice to appear in court or issuance of a citation that ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to Did Witness: Investigator AS#82 $1000 per day per violation,as long as the violation remains,and On 10/02/06 costs of prosecution. The fascia of building is painted yellow and has red and blue accent striping on it.This is contrary to Collier County Land Development Code. SERVED BY: OPersonal Service Certified Mail ['Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE OFax [Nail ENFORCEMENT Azure Sorrels INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2455 Signature and Title of Recipient Fax:(239)403-2343 Investigator signature Print VIOLATION STATUS: Dated this 6th Day of December 2006 ®Initial ❑Recurring ❑Repeat Nntirtnf Vinlatinn Original to File (nnvtn D..........,.._. .. - - , D N L m .0 Z' m 4). S m ❑ (-4 5,- � a # 0 ❑❑ m rg w E m � O 1 m Y "� �1, o @ m iy. ❑ Z c0 ti 1 Z Z Z �J ■ 0 m v m a m m S s v t m m 1:.? a) v � . I w v v o 111 0-ii m m Y m T mt r:-'1 m � a) 5 ru m -±,-. D m rf:i . U a c m .A `g } 'o r of in m IWw 0- m- fl r. a 0 v EDe .A-� v o Imo � m T C c0 _ T� g >° m m C A CO ao- 0 m ib N C4 N -n � i � 1 - 'D-j0 UmcTco oA�j� o C O co lr.p H. 0 W G y0-,.+ a/ ■ H fy i11 r- . N li m L 0 N-° 0.0 O- H N a O . W Q!2 N `63.g t Z m U N H W O a I N 90,0 m.o 0. 1 op - 0 i ccaaDaC_ c t..) 1-.4 54 m u. N O N «•• H V P+ Z D ; :- a la r Um `3 G m 0 -4 N H N o _ C7 tll G ymj O VI Z m - E'1ccaafloe m � X00 cd m H E 0 ) Gmy•► 9 VAN 0 V 0 U , .v m� I aU `iw � N . ca it ad ''.2 U G u c. 0' O o m °Q o ui ■0 'N C Case Number 2005090608 2 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION er: CT CORPORATION SYSTEM AS R/A FOR Date: 9/I6105 Investigator TRAVIS SNDDERLY Phone: 239-403.2455 ROCK OIL CO(PROPERTY OWNER) 1200 S PINE ISLAND RD PLANTATION,FL 33324 Zoning Dist COMMERCIAL Sec 15 Twp 49 Rng 25 Mailing: CHRISTOPHER KEMPF,COO—ROCK OIL Legal: Subdivision 1288 Block 1 Lot 16.18 SOS BEMISTON AVE ST LOUIS,MO 63105 • CLAY BROOKER,ATTORNEY AT LAW CHEFFY,PASSIDOMO,WILSON&JOHNSON 8215Th AVE S NAPLES,FL'34102 ' ,Location: 4617&4648 TAMIAMI TRAIL N Folio 63400200007 OR Book 1299 : Page. 880 Unincorporated Collier County • NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB) Ordinance No. - • .. 92-80 and 97-35, as amended,you are notified that a violation(s) of-the. You are directed by this Notice to take the following corrective actions) • following Collier County Ordinance(s)and or PUD Regulation(s)exists at OBTAIN SIGN PERMIT(S)AND/OR ELECTRICAL PERMIT(S)'AND/OR INSPECTION,IF the above-described location. ATTAINABLE,OR REMOVE SIGN(S). SHOULD A PERMIT BE OBTAINED FOR • ®Ord No. 04-41,as amended Section 5.06.04(C)(8)(c)-banding EXISTING SIGN(S), ALL REQUIRED INSPECTION(S) AND CO(S) MUST Ord No: 04-4),as amended Section • 5.06.04 C 8 d ground sign BE OBTAINED WITHIN 60 DAYS.AFTER THE ISSUANCE OF.PERMIT(S)., • f )Of ) s •"jDrd Ni. 04-41,as amended • Section 5.06.04(C)(8)(e)-pump topper : REMOVE WINDOW SIGNS IN EXCESS.OF 25% OF WINDOW AREA. REPAINT.. . Ord No. 04-41,as emended 'Section 5.06.05(M)-25%occlusion .CANOPY IN ACCORDANCE WITH THE AFFOREMENTIONED SECTION OF COLLIER ®Ord No. 04-41,as amended Section. 10.02.06(13)(2)-permit req COUNTY ORDINANCE 04-41 AND PERMIT CANOPY FASCIA. REMOVE ALL PUMP • oI Ord No. • 04-41,as amended . . • Section 10.07.00(A)(1)-enforcement TOPPERS. CEASE ALL FUTURE PLACEMENT OF SIGNS OTHER THAN THOSE IN DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. Supplemental attached' Did Witness: ON 09-15-05,'SITE' POLE SIGN, 'SITE/FOOD MART/BEER/WINE'AND 'SITE/FOOD MART' WALL SIGNS ALL WITHOUT VALID PERMITS. YELLOW AND RED ACCENT ON OR BEFORE: OCTOBER 9 2005 BANDING/STRIPING ON CANOPY STRUCTURE. CANOPY FASCIA WITHOUT VALID BUILDING PERMIT, PROHIBITED PUMP TOPPER SIGNAGE, AND WINDOW SIGNAGE IN Failure to correct violations may result in: EXCESS OF 25% OF WINDOW AREA.THIS IS CONTRARY TO THE COLLIER COUNTY LAND 1) Mandatory notice to appear in court or issuance of a citation that may DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. result in fines up to$500 and costs of prosecution. OR PREVIOUS AGREEMENT BETWEEN ROCK OIL AND COLLIER COUNTY HAS NOT RESULTED IN 2) Code Enforcement Board review that may result in fines up to$250 per COMPLIANCE. (SEE ATTACHED AGREEMENT) day per violation, as long as the violation remains, and costs of nSupplemental attached prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CO ENFORCEMENT INVESTIGATOR: [Personal Service ❑Certified Mail ❑Posting of Property 2800 N Horseshoe Dr.Naples,FL 34104(239) 403-2455 1SSNODERLY 39)403.2343 ❑Fax DMai( Investigator signature 1)11421° 1,-" �/}( (S ( - MA-NAej e Signature and Title of Recipient / „Y.LQLATION STATUS: Print ®Initial ❑Recurring ❑Repeat Dated this 16Te day of September ,2005 .• .• I' n.-.-..... ...C.le • • m _ d VII/ 0 Ca Tr 1 8 i q -a* � Np g¢ o A z 0 • •. 0 Q } Z N > Ili E. w ° 5 9998 I y o 0 Y j o V }fa 0❑HiJ N g iIzi Z Q c S M1 n 0 d X c ci v r- ¢ o - - a = ❑❑ cc N • r- E d K m o r- - of v O cc ;'' a .3 m m of m m °1 FC • E c. m m O t a > .- x m m. o EcmooE o Z Eti2 ,'3 ° S iz �i—r«1 >'m >4A m 01 O gemoE N o W.0 oc«r+-I In x d' 0 rU h G N-c >`0 RI ago zzQ � o 0 .,vo.°6N CO � 1 m� m R €yy � �1 r�i o o aj Z,ca to x r w uo o S �7 H O � ° � 0WZ O IL o 1� L_L uy W 01 "0 O0 w O NI CD FW NCI ELU xaH O0 N 11 q� m OOHO ' m - r� Wopwy .C.• fxHW N v') E +� .... WOG7 o 000om,p -' vwE" . o Ezgo 9 a0xvi :a 0 CD cc = m 9 01 E-1 z .o e rr- O 83c V C I* OUE-IH .1Z , 4 tL • o.,... 6 Q x oR a1 � g co �' m¢ 03.c�0 a ~ vEix° oo z i •- . r) EEow 0, (', o�N IV mVS CO Lu aNrQ+corw < zo `oa v 0 � Z U0'oo= o` Iv ,� a4 c. �j 0 o n EEcw ° o c�i x00E, m • M W C u' Z m Q. 0$.r ` <-+ U U tl) Cr) t, y ■ •■ •■ - I co w U-a .a0 N a cn • • • N a J.UO.uv 1C.1N5 Page 1 of 5 5.06.04 Sign Standards for Specific Situations A. Real estate signs: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign with a maximum area of twelve square feet in size per streetfrontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign with a maximum 32 square feet in size, per streetfrontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum of 64 square feet in size, per streetfrontage for each parcel or lot in excess of ten acres in size. A building permit is required. 4. Real estate signs shall not be located closer than ten feet from any property line. In the case of undevelopedparcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel one to ten acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04: '2 X11 In An-, ✓.vu.uu 31UNS Page 2 of 5 1. Pole or ground signs. Single-occupancyparcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along anarterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancyparcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination-of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04: 1/71 /'nn-7 .� J.vo.uu �11JN5 Page 3 of 5 f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case http://libraryl.murucode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04: innrvi �.vv.vv J1lT1V.J Page 4 of 5 shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancyparcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wail, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5., Menu boards:-One-menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04: 2/11 /-,A(,., ,1 oluiNo Page 5 of 5 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under- canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. r/8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise,accent lighting , back lighting and accent striping are prohibited on canopy structures. A. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. http://libraryl.municode.com/mcc/DocView/13992/1/36/42?hilite=5 06 04; city.: : <- Lie2kod -c Consideration: 0$1 1 2 3 3 2 5 238000 1987 OCT -2 AN g 35 COLLIER COUNTY RECORDED /'•`�, RC'C a �• This Warranty Deed Made and executed the day of A.D. 19 by PRt,i O Bruno S. Czaja and Dessa Czaja, A Single Man and A Single Women, UOCI. -:I.O Margaret P. Baker, A Single Women, IN t hereinafter called the !ND—, I h grantor,to O ,� W.:21 OanI Rock Oil Company '— GD whose post office address is /. gztniTta✓ o hereinafter call the grantee: 7C - -1• lov•s rli L,3105 Witnessetlt: That the grantor, for and in consideration of the sum of S$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,conveys and confirms unto the grantee,all that certain land situate i County,Florida,viz: "C011ier Lots 16, 17 and 18, Block 1, Naples Twin Lakes,according to the Plat thereof as recorded in Plat Book 4, at pages 35 and 36,of the Public Records of Collier County Florida. _— qR:-r-...r,$—1., 3-700 .D:,cia~!entari Stamp Tax 111 ... ; �� ct, -„u ._ �I_.Pars^n;d F c,..•rti Tax r.' ! uraT"Mite O.i, COURTS O — D.0 r 4.) SLIER COtj Iftl Together with all the ne ,e .. .'laments .nd app rte ..noes thereto belonging or in anywise Z appertaining. - �o To Have and to :o1. e :: ''h le. 1..4 And the grantor hereb co is th r to is lawfully seized of said land in fee simple;that the grantor has�bo . ...,/a lit�,orit e • convey said land;that hereby fully warrants the till 5 aid land and will de aid the sa • inst the lawful claims of all persons whomsoever, and that said :, free from all a .•d.:, :nci� ,~ December 3I, 19 CePt. taxes accruing subsequent to 86. Also s�b' ct to Basemen s, fictions and reservations of recor. C)� icy •U TAE CIRC\ +••i In Witness Whereof, the said grantorist has(have)signed and sealed these presents fhe day and year first above written. WITNESS: JY!�//7_ /, wa witn2s �� "Br TzaJa S. C ' ' /� • �'; / wi tnes: e e,/trps�/ '%• Czaja STATE OF FLORIDA tXae:I'et P -/ COUNTY OF IN H S q The foregoing instrument was acknowledged before me this 2 g -. �: y�. b}. 19�� r • • • • 'es a zaja, ' ing e 'an an. ' •T^: -.��� %/ ... ° /Votary Public j�/ f rF LO a This Instrument prepared by and return to: First American Title Of Collier Inc. 3061 Terrace Avenue Naples,Florida 33942 ,....N Prepared Pursuant To Title Insurance By: steve smith File 1347/F191 .-....�: ••y,.4.;;' t S 1. ; r.. 001299 00088• OR 000K ' • • PAGE w7svt....t/ /Z.Ler J "" t Baker g��i i4t�2GG �ei/&*- t'eate of '`a- --"Couriby.,of `' S it k-to I. subscribed l�/ t before me this"slay of �, ) o., 19 ','f'. `a a (/1 r Y fi NOTARY PUBLIC :- Lys. COMffssI�I EXPIRATION: j.Cr... a 9,/9q/ First American Title Company of Florida Inc. .3061 Terrace Avenue Naples, FL 33942 813-775-3911 File No. 8547/E191 • py�7RCO ��� 9....,C 0 II! If fs,„,E" • afro �Go • � hE Cili o0e cO�►µGSCGI�' GI£ 4 CHEFFY PASSIDOMO WILSON & JOHNSON ATTORNEYS AT LAW, LLP EDWARD K.CHEFFY 821 FIFTH AVENUE SOUTH,SUITE 201 JEFFREY S.HOFFMAN BOARD CERTIFIED CIVIL TRIAL ATTORNEY NAPLES,FLORIDA 34102 BOARD CERTIFIED WILLS,TRUSTS&ESTATES ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY LOUIS W.CHEFFY JOHN M.PASSIDOMO TELEPHONE:(239)261-9300 BOARD CERTIFIED REAL ESTATE ATTORNEY BOARD CERTIFIED REAL ESTATE ATTORNEY FAX:(239)261-9782 LISA H.BARNETT GEORGE A.WILSON E-MAIL:CPWJ@napleslaw.com BOARD CERTIFIED REAL ESTATE ATTORNEY BOARD CERTIFIED WILLS,TRUSTS&ESTATES ATTORNEY CLAY C. BROOKER F.EDWARD JOHNSON ANDREW H.REISS BOARD CERTIFIED WILLS,TRUSTS&ESTATES ATTORNEY JOHN D.KEHOE WILLIAM J.DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY BOARD CERTIFIED CIVIL TRIAL ATTORNEY STANLEY A.RUNNER,JR. LOUIS D.D'AGOSTINO BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY ERIN K.DEGNAN JEFF M.NOVATT ERIC T.COFFMAN DAVID A.ZULIAN TRACY M.COFFMAN KEVIN A.DENTI July 2, 2007 JASON O.LOWE OF COUNSEL: GEORGE L.VARNADOE Collier County Code Enforcement Board 2800 North Horseshoe Drive Naples, FL 34104 Attention: Secretary RE: CEB No. 2007-51 (Rock Oil Company, Respondent) To Whom It May Concern: Enclosed is a Motion for Rehearing in the above-referenced matter. Please confirm that, pursuant to Article IV, section 7(3) of Ordinance 2007-44, the subject order of the Code Enforcement Board (and the deadlines imposed by it) are stayed until disposition of the Motion for Rehearing. I also request advance notice of the date on which the Code Enforcement Board will consider the Motion. Thank you. Sincerely, /. - e/5Z Clay C.`Brooker For the Firm cc: Client M. Jean Rawson, Esq. F:\wpdocs\LIT\CCB\Rock Oil\Correspondence\CEB secretary Itr 7-2-07.wpd I. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-51 vs. ROCK OIL COMPANY, R/A: CT Corporation System, Respondent G G / U-) -- oO N ORDER ON MOTION TO CONTINUE ,'2 ,J, THIS CAUSE came on for public hearing before the Board on August 23,2007,on the U fi. Cq O Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly �--- y: advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD r�s ° x a r.� • m a Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes, tat. O C) U V and Collier County Ordinance No.92-80, it is hereby ORDERED: c�a That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on CO• CS • a r-. 1 A September 27,2007. V !1, H o ° Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) .� ro days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited c r— to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. C-) a DONE AND ORDERED this a7 day of ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER CO TY, FLORIDA BY: r1 E Sheri Barnett,Chair 2800 North Horseshoe Drive 4r Naples, Florida 34104 H O W O H C., �' hate 01 FLORIDA • P • xounry of COLLIER ex: CJ H P7 ! HERESY CERTIfy THAT this Is a true and corm...t 000Y,t `;a.docuMent on file in F'd k iin tn5 akktt igscorci's;of Collier Count) WF I S mty.huitr ar official seal this 094!` y of 41-0 2617 DWIGHT l;: SRCtK, CLERK*OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .�R� The foregoing instrument was acknowledged before me this day of lj . ,2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,who is ✓ personally known to me or ti who has produced a Florida Driver's License as identification. CrL\Q - NOTARY PUBLIC ->c CHRISTINA O�AS� My commission expires: ,��''= p4Y COMMISSION DD 17 November 222417,200 .y ` EXPIRES:N ryFub underw�rie7 rs pQ :j .. r�ndedlnru ea c CERTIFICATE OF SERVICE M I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to c 7 Rock Oil Company, R/A:CT Corporation System, 1200 South Pine Island Road, Plantation,FL 33324 and to Clay C Brooker, Esq.,Cheffy,Passidomo,Wilson&Johnson, 821 Fifth Avenue S.,Naples, FL 34102 this 01-day of August,2007. r N ct' C3' M. eanwson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Guilliano Dilongo., Respondent(s) CEB No. 2007-72 DEPT No. 2006100701 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-11 Deed 12-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-72 Dept. Case No. 2006100701 Plaintiff, vs. GUILLIANO DILONGO, 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: August 23, 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: 5406 27th PI. S.W. SERVED: Guilliano Dilongo, Respondent Inv. Ed Morad, 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: 7/11/2007 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.2007-72 vs. DEPT CASE NO.2006100701 Guilliano Dilongo,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 Ordinance(s)2004-41 As Amended,Collier County Land Development Code. Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)(i).Section 10.02.06(B)(1)(d)(i)was renumbered September 13,2005 by 10.02.06(B)(1)(e)(i). Florida Building Code 2004 Edition section 111.1. 2. Description of Violation:Improvement of residential property without Collier County Building Permits. 3. Location/address where violation exists: 5406 27th Pl. SW Golden Gate City,Naples FL. 4. Name and address of owner/person in charge of violation location: Guilliano Dilongo 5406 27th Pl. SW Naples,Fl.34116. 5. Date violation first observed: October 17,2006. 6. Date owner/person in charge given Notice of Violation:November 8,2006. 7. Date on/by which violation to be corrected:May 8,2007. 8. Date of re-inspection: May 9,2007. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 25. day of June, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this Ztilay of 1-Z4st 2007 by tie AiSib (Si_ ature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification p oduced NOTARY PUBLIC.STATEOFFLORMA ''"""'4. K.A. Tan Sickle REV 3-3-05 ;,10 JC(> on#DD61848i, B�DBD1 Rt (BNtNDINGCO,!NC 2. Case Number ZOOg/DO 7D/ COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements 41g. NOTICE OF VIOLATION 3r.Qndeflt ; 1,1114-0..b I g 0 Date: / /g/ 8 Investigator: 1d ab Phone: 239-YO3 20 Zoning Dist R �/ � Sec Twp / Rng Mailing: s T b(o 'L7'PL s ti7 Legal: Subdivisio�/Aa4O 61M LA),1- Block 22.0 Lot 1.10,f W14 Pr. 3 y4/I i Location: .5-4 O 2 *'4 i t S't,e-/ Folio 6.3 2_0 7 2,0 0 0 3s OR Book Page Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 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 ■y 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 priding or land alteration permit and certificate of occupancy until the completion of the project 10.02.06(B)(1)(a)Zoning actio,p-3n 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 IX111.1 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 ( )( )( ) P property P P regulated by this code for which a permit is required,until released by the 010.02.06 B 1 d Improvement of prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrati e: prior to the issuance of a building permit where the development proposed � t 1 _ _ t I�Trt� ".....,requires a building permit under this land development code or other �'t'[��� applicable county regulations. V 0 • 0 J - L ; s 447'/ o-? 10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Articie II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted 0103.11.2 Physical Safety[pools]. Where pool construction commences prior demolition of same. to occupancy certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: M Q �y� building inspection....Where pool construction is commenced after occupancy () I t r4 f Ur 20 Pe certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with I) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit prosecut'•n (or other written site specific work authorization such as for excavation,tree / 'v ,/ //��Q� /1/_ removal, well construction, approved site development plan, filling, re- !/ l 8J 0C)• vegetation,etc.)shall have been issued prior to the commencement of work at Res..:.. ' Signa re Date the site. Activities prohibited prior to permit issuance shall include,but are c' p_e -dL not limited to, excavation pile driving (excluding test piling), well drilling, (� „,..—Nformwork,placement of building materials,equipment or accessory structures Investigator's Signature Date Ind disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 3. Case Number 2006100701 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION I Guilliano Dilongo , property owner of 5406 27th Pl. SW Golden Gate City, agree-to comply with Collier County Codes and Ordinances. I will obtain permits for an existing aluminium carport and for adding plumbing and electric inside a free standing permitted garage within 6 months of the signing of this document. I will personally address any revisions/rejections, from any permit review person(s) or department(s). If needed I will also obtain any variances. I will be responsible for tracking the permit process and variance process until completion and issuance of the permit. If failure to obtained the permit within the six month time frame, I understand the case will be presented at the Collier County Special Master Hearing: I understand fines will be imposed along with an operational cost. Giot.Li1000 Di t-dJGO {f - O . -;e,��dent's Sign Date Investigator's Signature Date ._rn_ r _.,a uvo......Ao..t ('nnvfnrCitePnctino Cony for Official Posting Rev9/03 COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION (; Tallahassee, Florida 2004 5. ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC.1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS; SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS n FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County 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 7 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is ■ , corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 8 Florida Building Code 2004, Chapter II Honda Accessibility Lode tor Building Construction rage 1 or 2 Florida Building Code 2004, Chapter 11 Florida Accessibility Code for Building Construction INTRODUCTION In 1993 the Florida Legislature enacted the "Florida Americans with Disability Accessibility Implementation Act." The purpose and intent of this Act(Sections 553.501-553.513, Florida Statutes) is to incorporate into the laws of Florida the accessibility requirements of the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 U.S.C. Section 12101 et. seq. ADA, while at the same time to maintain those provisions of Florida law that are more stringent than the ADA accessibility guidelines, that is,those provisions which are more favorable to the needs of the disabled. In 1997 the legislature amended the Act to complete the move to establish consistency of the Florida accessibility building code to the Federal ADA Accessibility Guidelines as adopted by the Department of Justice at 28 CFR part 36, Appendix A.Nothing in Section 553.501-553.513 is intended to expand or diminish the defenses available to a place of public accommodation under the Americans with Disabilities Act and the federal Americans with Disabilities Act Accessibility Guidelines, including, but not limited to, the readily achievable standard, and the standards applicable to alterations to places of public accommodation. Accessibility is a multifaceted issue within the issues of life today. The legislative actions of the 101st Congress which implemented the Americans with Disabilities Act of 1990 and previous acts of the Florida Legislature have been combined in the following pages to reflect accessibility laws as they relate to most areas of construction in Florida. Areas of employment as related to accessibility and/or complaints would be the responsibility of the Equal Employment Opportunity Commission, 1-800- 669-4000 or 305-536-4491 . Primarily because of the complexities of balancing the rights of the physically disabled and the technically specific requirements of the built environment, no single agency has been charged with enforcement of all issues pertaining to accessibility. The following is a listing of agencies and their http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Access2004_FL/1?f=templates$fn=... 6/21/2007 9 rionaa tsuuaing uoue zuu'+, unapLer i i rionaa Accessioiiity Loae 'or tsunaing uonstrucuon rage z or z statutory areas of responsibility for accessibility. A thorough attempt was made by the Department of Community Affairs at the time of publication of this document to ensure that this manual is a reflection ' of the laws of Florida and the administrative rules of each agency as these requirements relate to construction. Because individual agency rules may change, it is the responsibility of the design professional and the property owner to ensure compliance with subsequent revisions. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Access2004_FL/1?f=templates$fn=... 6/21/2007 /Q SECTION 111 SERVICE UTILITIES 111.1 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20CustomBuild2004 FL/3/14?f=templ... 6/22/2007 // 3923004 OR: 4128 PG: 3503 RECORDED in OFFICIAL RECORDS of COLLIER COURT, FL 10/21/2006 at 01:4$FI DEIGHT 1. BROCI, CLUE COES 307000.00 REC FEE 11.50 THIS INSTRUMENT PREPARED BY&RETURN TO: DOC-.10 2149.00 •• NAME: HEATHER LOGELIN, Retn:EIPREDD/RODE& AN EMPLOYEE OF GLOBAL TITLE GLOBAL TITLE COMPANY TI 1 19 SUITE 9 13500 TAEIAEI ADDRESS: 13500 TAMIAMI TRAIL NORTH, 113535005 11 34110 NAPLES,FL 34110 09250602HL PARCEL LD.0:36320720005 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED MADE THE LDAY OF OCTOBER, A.D.2006,BY GEORGE A.DILONGO AND MABLE DILONGO,HUSBAND AND WIFE,HEREINAFTER CALLED THE GRANTORS TO GIULLIANO DILONGO AND PATRICIA SANTIN, HUSBAND AND WIFE, WHOSE POST OFFICE ADDRESS IS:5406 27TH PLACE SW,NAPLES,FLORIDA 34116,HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERMS "GRANTOR" AND"GRANTEE"INCLUDE • • PARTIES TO THIS INSTRUMENT, SING Wit' 'I 1•- THE HEIRS, LEGAL REPRESS 410 0. I GNS OF INDIVIDUALS,ANDAjr UCCESSORS • ► ti GNS OF CORPORATIONS, ,'117-• y.I O∎r •O )MITS OR REQUIRES) WITNESSE I --i 'or FOR AND IN CONSIDERATIO •' THE SUM OF 00 J THER VALUABLE CONSIDERATION, ' IPT WHEREO°!.f : 'a' . "ACKNOWLEDGED, DOES HEREBY G' • ' • 'GAIN,SELL, •. . • ,REMISE,RELEASE, CONVEY AND CONFI � •►,a i:.E E THE • ^ ALL THAT CERTAIN LAND SITUATED IN C01:31-If J• ''v ATE OF FLORIDA,VIZ: LOT 16, BLOCK 220, GOLDEN GATE, UNIT 6, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGES 124-134, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SUBJECT TO TAXES FOR THE YEAR 2006 AND SUBSEQUENT YEARS, RESTRICTIONS,RESERVATIONS,COVENANTS AND EASEMENTS OF RECORD,IF ANY. 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 SHE IS LAWFULLY SEIZED OF SAID LAND IN FEE SIMPLE; THAT SHE HAS GOOD RIGHT AND LAWFUL AUTHORITY TO SELL AND CONVEY SAID LAND, AND 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. Page 1 of 2 /,9• *** OR: 4128 PG: 3504 'It IN WITNESS WHEREOF,THE SAID GRANTOR HAS SIGNED AND SEALED THESE PRESENTS,THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED,SEALED AND DELIVERED IN THE P S NCE OF: L. 1 1► S. k��� Q GEO•SIE A.DILONGO WITNESS IGNATURE 1908 40m TERRACE,S.W. —7,71- AP/4 NAPLES,FLORIDA 34116 PRINTED NAME %A, r i� /���. L.S. WITNESS SIGNATURE DILON 0 1908 40Th TERRACE, '. i 1% • • '� r .•` NAPLES,FLORIDA 34116 PRINTED NAME CP COU��? STATE OF FLORIDA { J -1 COUNTY OF COLLIER THE FOREGOING q a u'UMENT W ', EDGED BEFORE ME THIS /.310L DAY OF OCTOBER, i ; :Y GEORGE A. t 0 AND MABLE DILONGO, HUSBAND AND WIFE, WH c en 0 ott,.. OR WHO HAVE PRODUCED L AS t t . ' r�'--:+1,,7. WHO DID TAKE AN OATH. :a ► ' '% SIGNATU' OF ACKNOWLEDGER :: VV.;*= MY COMMISSION EXPIRES ***NOTARY SEAL*** y�r 1C0412512 :,7-"S Page 2 of 2 %3. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-72 DEPT NO. 2006100701 Guilliano Dilongo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Guilliano Dilongo, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006100701 dated 11 day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(d)(i) of Ordinance 2004-41 As Amended, Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13,2005. Also Florida Building Code 2004 Edition Section 111.1 and are described as Improvement of residential property without Collier County Building Permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$417.35 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy for all non-permitted improvements on the residential property within ninety days (90) of today's hearing or a two hundred dollar ($200) a day fine will be imposed for each day any violation remains. Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within ninety days (90) of today's hearing or a fine of two hundred dollars ($200)will be imposed for each day any violations remains. The respondent must notify the Code Enforcement Investigator when the violations has been abated in order to conduct a final inspection to confirm abatement. C`7---- R- dent ichelle Arnold, Director Code Enforcement Department 411/ti,/fIVO DI. Laki C70 REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-72 vs. o GUILLIANO DILONGO, Respondent Pq I1 a ° FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard x testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its C.'") ° Findings of Fact,Conclusions of Law,and Order of the Board,as follows: Pq FINDINGS OF FACT U CJ Q rte-- 1. that Guilliano Dilongo is the owner of the subject property. q {v That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the • a �. Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation.. C4 a A 00 " 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. oo ° o 4. That the real property located at 5406 27th Place S.W.,Golden Gate City,Naples, Florida 34116, Folio 36320720005 more particularly described as Lot 16,Block 220,GOLDEN GATE,Unit No. 6,according to the Q?+ Plat thereof,of record in Plat Book 5, Pages 124-134,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(BXI)(a) and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i)and Florida Building Code,2004 Edition,section C34 Ill.I in the following particulars: Improvement of residential property without Collier County Building permits. ORDER OF THE BOARD :r. 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 Fr4 144 No. 04-41, it is hereby ORDERED: o w a+ •a E • -. a f= That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections V na E-• F' a ( )l )l ) ( )l )( )l)(renumbered ( )( )l Building a z 10.02.06 B l a and 10.02.06 B l d i renumbered as 10.02.06 B l )O e i and Florida Buildin Code,2004 [x CJ H {YJ Edition,section 1 1 1.1 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,inspections,and Certificate of Occupancy for all non-permitted improvements on the residential property within ninety(90)days(November 21,2007) 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections,and Certificate of Completion,and remove all non-permitted improvements within ninety(90)days(November 21, 2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 21, 2007,then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by November 21,2007,then there will be a fine of$200 per day for each day the violation remains. 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 0o case in the amount of$417.25 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of c 7 the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate a review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this / day of n � �_ y t,,t��J ,2007 at Collier County, ter+ Florida. Q CODE ENFORCEMENT BOARD C' COLLIER COUNTY, FLORIDA By: 114.2. Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thiscl d y of 2007,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, is personally known to me or ✓who has produced a Florida Driver's License • ification. CHRISTINALURBANOWS� RY PUBLIC tr1Y COMMISSION#DD 241717 My commission expires: ' ' E Tnru XPIRES:Nota "�Y November 22,2007 �••o. Notary Public titers Ronded CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE has been sent by U. S. Mail to Guilliano Dilongo, 5406 27`x'Place S.W.,Naples,Florida 34116 this day of ,2007. FLORWA v(�c vz trr �ouatr of COLLIER NI Jean son,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board E I VEREOY CERTIFY THAT this Is a true and 400 Fifth Avenue S. Ste. 300 rorr,.;:t copy )t 3 on eti6 itnt,nn,fiQ to Naples,,Florida 34102 i1rriutcs anti ROM MS tjfCotitar Cooly (239)263-8206 '',01.53 11- t? i:dt`fiotat At fa u/ of DWIGHT E. aripta,> LERK,OF COURT 3�r 4140,04- 0.0. 0 BOARD OF COUNTY COMMISSIONERS *** D. 4276 PG; 3181 *** Collier County, Florida Petitioner, Vs. CEB NO. 2007-72 DEPT NO. 2006100701 Guilliano Dilongo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Guilliano Dilongo, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006100701 dated 11 day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(d)(i) of Ordinance 2004-41 As Amended, Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13,2005. Also Florida Building Code 2004 Edition Section 111.1 and are described as Improvement of residential property without Collier County Building Permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$417.35 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy for all non-permitted improvements on the residential property within ninety days (90) of today's hearing or a two hundred dollar ($200) a day fine will be imposed for each day any violation remains. Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within ninety days (90) of today's hearing or a fine of two hundred dollars ($200)will be imposed for each day any violations remains. The respondent must notify the Code Enforcement Investigator when the violations has been abated in order to conduct a final inspection to confirm abatement. Re_;,; :ent ,moo.v' ichelle Arnold, Director Code Enforcement Department iVC /AAJQ S• U '.JC70. REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Steven Profaca., Respondent(s) CEB No. 2007-67 DEPT No. 2003020189 ITEM PAGE(S) Notice of Hearing 1 ,,-.,. Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance and Drawing 5-6 Previous Case Order 7-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-67 Dept. Case No. 2003020189 Plaintiff, vs. STEVEN PROFACA, 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: August 23, 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: 2415 Avondale Street SERVED: Steven Profaca, Respondent Inv. Tom Campbell, 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:7/11/2007 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.2007-67 vs. DEPT CASE NO.2003020189 Mr. Steven Profaca(Owner of First Class Auto Wholesale,Inc.),Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12,Florida Statutes,and Collier County Ordinance No.05-55,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s) Ord:04-41,The Collier County Land Development Code,as amended,Sec: 10.02.03.B.5 and Collier County Site Improvement Plan:S.I.P.00-01 2. Description of Violation: The respondent continues to violate the S.I.P.and the previously issued order of the Code Enforcement Board by displaying more vehicles for sale than allowed and specified in the site Plan.. 3. Location/address where violation exists: 2415 Avondale street 4. Name and address of owner/person in charge of violation location Mr.Steven Profaca 557 N.Barfield MarcoIsland,FL 34145 5. Date violation first observed: January 29,2007 ■—•••• 6. Date owner/person in charge given Notice of Violation: December 27,2005 Owner notified of most recent violation on February 8,2007 7. Date on/by which violation to be corrected: Immediately 8. Date of re-inspection: March 5,2007 9. Results of Re-inspection: Not in compliance STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing,the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. �•~'°®1 Dated this 20`h.day of March, 2007, ` Code Enforcement , vestigator ° STATE OF FLORIDA COUNTY OF COLLIER �/ Swo. to � .'armed • subs be. b= � e tt:�"ay of IIli` , X007 by gnature o .tary Public) (Print/Type/Stamp Commissioned Name of Notaryrgu l b1fe Personally known )—/ r produced identification Linda lL' Type of identification produced .2q. = Commission#DD213407 Dec 07,2007 Expres' N�q'•,,.••P Bonded Thru Atlantic Bonding Co.,mac` REV 3-3-05 2. Case Number 2003020189 J i COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION (.. .er: PROFACA,STEVEN Date: 12/27/05 Investigator TOM CAMPBELL Phone: 239403-2492 Zoning Dist C-5 Sec 11 Twp 50 Rng 25 Mailing: 2415 AVONDALE ST. SUITE 102 Legal: Subdivision 174100 Block 00 Lot 31 NAPLES,FL 34112 Location: 2415 AVONDALE ST. Folio 22720960000 OR Book 3402 Page 1555 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) : Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended,you are You are directed by this Notice to take the following notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- REDUCE THE NUMBER OF VEHICLES described location. DISPLAYED (TO A MAXIMUM OF THREE) TO COMPLY WITH THE APPROVED SITE Ord No. 04-41 Section 10.02.03.B.5 IMPROVEMENT PLAN(SIP00-01) ®Ord No. SIP00-01 Section (Supplemental attached DOrd No. Section ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ON OR BEFORE: JANUARY 15, 2006 DESCRIPTION OF CONDITIONS CONSTITUTING THE Failure to correct violations may result in: '--``OLATION(S). 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of VIOLATION OF SITE IMPROVEMENT PLAN prosecution. OR Did Witness: 2) Code Enforcement Board review that may result in NUMEROUS VEHICLES ILLEGALLY DISPLAYED fines up to $1000 per day per violation, as long as the AND POSTED FOR SALE; EXCEEDING THE THREE violation remains,and costs of prosecution. VEHICLES ALLOWED PER SITE IMPROVEMENT PLAN. SEVERAL OF 'IIiESE VEHICLES ILLEGALLY DISPLAYED IN COUNTY RIGHT OF WAY. SERVED BY: Supplemental attached ®Personal Service ['Certified Mail OPosting of Property INQUIRIES AND COMMENTS SHOULD BE DI' ' D TO C•: ['Fax [Nail ENFORCEMENT INVESTIGATOR TO A.MP' 2800 No.Horseshoe Dr.N. , 3410+ -57-el/6 (239) 403-249 '0 '3 Invest':.for si a.= e Signature and Title of Recipient VIOLATION ST US: Print Dated this 27TH day of DECEMBER ,2005 ❑Initial ®Recurring ['Repeat A4164 Cec> AFFIDAVIT OF SERVICE Respondent(s): Steven Profaca CEB Case No. First Class Auto Wholesale, Inc. Code Case No. 2003020189 2415 Avondale St. Naples, FL. 34104 Notice of Violation ['Notice of Hearing ['Notice of Hearing (IOF) ['Citation []Notice to Appear []Code Enforcement Board Evidence Packet ['Other: I, Tom Campbell, hereby swear and affirm that a true and correct copy of the document(s)referenced above have been provided to the Respondent(s)via: ❑US Mail ❑US Certified Mail (Return Receipt Requested) Posting of Property Personal Service ®Collier County Courthouse Posting Sworn this 27th Day of December, 2005. iI sillirr-1/41111-11111.rer ���Campbell ode Enfo omen- : -: STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 27th Day of December, 2005 by gnature of Notary Public NOTARY PUBLIC-STATE OF FLORIDA Y r Joann Surly 4 `` Commission#DD474746 Expires: SEP. 22, 2009 Print/Type/Stamp Commissioned Bonded Thru Atlantic Bonding Co.,Inc. Name of Notary Public Personally Known REV 3-25-05 h. ORD: 04-41 10.02.03 Submittal Requirements for Site Development Plans A. Generally. B: Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant 5. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. , . . 22 AL_E Y 1 -UTLIT OLE ‘- SET .a w/CAF, LB 5862 7 1 7_ :.-ND PI< NAIL 1 / /... ............... .._ __ 1`....... ...........r....2.11t2LI. _ .____ 51 00. .2N- FND ,' W/CAP. POR I .. •-• amLoYEE EvnL0,(E RARKtNG . 0 AmoNG • i 1 0 so. (----*) ag— I 7 f; ('•.) —. I . LOT 31 1 . .o• l'..P% . i LOT 32 .---•\ rusToucp z g0 AO*K•40 'fi. r4 n I - i A z L., '-77- C1)51010.0 u; 0 PARKING q -• 0,'7. § • . •0 • • •• C::+ i;-‘2, • , #( • '! !i..:,-io....:*.n-;',:a tp" b . . 9. 0 . 4Mf1-11&i P, ....... . 12' .--;:--D o k n- 0. H • 5' WIDE AC:E 5'7 P AmP ——',/,:cy",•;.2.•:..;:•::••••': . EXISTING 2410 1 . Nnit: THIS BUILDING 10 THE BUILDII EXISTING BUILDING . PLANTER _4_ R 1 7 * (s' •.• .010' ,........,„ ‘.../ 38 CONC WALK I 0.3A• FS • C:Z)j / ■www 1 - 3U GO - 51.00' ----- 55914.20W \-- sr i PI,' NAIL W/DIS• I \-- SET PK NAIL W/DISC. LB 5862 Retn: 3812240 OR: 4009 PG: 1135 • CODE ENFORCEMENT/ S GARCIA RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEB 21.00 2800 N HORSESHOE DR 04/03/2006 at 09:41AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-12 vs. FIRST CLASS AUTO WHOLESALE,INC., STEVEN PROFACA,OWNER Respondent O1 SIGNS FIND �0!F_F' OF L'A T)ORDER OF TFI£ CARD P ')/ THIS CAUSE came on for public heanngbefore-he$oar` d on Mgch 23, 06,and the Board,having heard testimony under oath,received evidence.and'h�arrd espec ive tii`all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,an r o okl ' I i ! FINDING 01FIr CT ;\ \r,, 1. That FIRST CLASS AUT• 7 OLESALE,INC.is the:ownerof thebject property. 2. That the Code Enforcement B ard•has jurisdiction of the p�9,.6,Fl}Respondent and that the Respondent,Steven Profaca,having been duly notified,appeared at e`,puli'li hearing,in person and by counsel, Attorney Doug Wood 3. That the Respondent was notified of the ff-bearang-by certified mail and by posting. 4. That the real property located at 2415 Avondale Street,Naples,Florida Folio Number 22720960000,more particularly described as Lot 31,AVONDALE ESTATES,according to the plat thereof,recorded in Plat Book 4, Page 45 of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,section 10.02.03(B)(5)and Collier County Site Improvement Plan No.00-Olin the following particulars: Continuing to post for sale,display for sale and store a greater number of vehicles than allowed by the Site Improvement Plan. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: 7 OR: 4009 PG: 1136 • That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.03(B)(5)and Collier County Site Improvement Plan No.00-01 be corrected in the following manner: 1. By coming into compliance by April 27,2006. •2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 27, 2006,then there will be a fine of$100 per day per vehicle for each day that the violation continues past that date. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case,currently$801.27. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeals l.mot stay the Board's Order. DONE AND ORDERED this rX/ " .fib ' . �a• Collier County, Florida. / 0 / CODE ENFORCEMENT BOARD �_—COLLIER UNTY�FLORIDA rriglrillier45t„ 1,1.J h Eorseshbe Drve {„� - apor a.141 ,- STATE OF FLORIDA ) („.42, ;" ; 7 c)/,', )SS: \.l; �z COUNTY OF COLLIER) The foregoing instrument was aclmowl ed-•before- • day of n 7(04 . L 2006, herry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who i.. p +duced a Florida Driver's License as identification. NOTARY PUBLIC My commission expires: Donna L. L 4 9 4 4 `0,;,rP`�4'= Commission#DD2344 � Q l QliBand lo- x �p01 Zoom of FLORIDA ;?'�bF�`��: Atlantic Bonding��-•Inc. �/oom of COLLIER I HEREBY CERTIFY THAT this Is a true and correct copy of a aorument on file In .-oard Mtnutes.artd.R -Ccrc,s of Collier County 6 dam ^� am ct;l�ii eel this y DWIG E.tiR K,.CLERK OF C RTS D.C. R. 3263599 OR: 3402 PG: 1555 • ' This instrument prepared UCOI ID 14 OPPICIIL UCOIBm at COLLIII CORIT, !L n without opinion by 0/22/2113 it 4$:I2111 MCI? 1. IIOCI, CUM LUDWIG J. ABRUZZO CM 211111.!1 5425 Park Central Court uC 1.51 IOC-.TI 147I.0 Naples. Florida 34109 I! E 941-593-1444 Ills? 4 CIIISIL 1114 1 COLLIII ILIA Return to: UM IOLM IL 31115 Property Appraiser's Parcel ID #22720960000 WARRANTY DEED (Statutory Form-Section 689.02 F.S.) This indenture, made this I `.j day of September, 2003 between, DRS REALTY GROUP, INC., a Florida corporation,1786 Trade Center Way #2, Naples, FL 34109, GRANTOR, and First Class Auto Wholesale, Inc, a Florida Corporation, whose address is 2415 Avondale Street, Naples, FL, 34104. 1R CO WITNESSETH: That .••• ntor, fora•c\itp, onsideration of the sum of TEN DOLLARS ($10.00) and othfr . able consideration c s.ki grantor in hand paid by said grantee, the receipt whereof's he e•;• . • a wleth h-• has g ,nt-,, bargained and sold to the said grantee and grantee's heirs nd ssigns • e - the f• lowin, de ribed land, situate, lying and being Collier County, Flor da, o •• F: ii -ip‘ , I: LOT 31, AV ►� C :'P I +� TO THE PLAT THEREOF, • , DED IN PLAT +'O 4 4, ' E 45, OF THE PUBLIC I F COLLIER Ca 6'.,T , •e RIDA TO HAVE AND TO HOL' ••fie � • ith all and singular the appurtenances thereunto belonging or in anywise appertatntng, in fee simple forever. SUBJECT TO covenants, conditions, restrictions and easements of record and taxes for the current and subsequent years. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor"and "grantee"are used far singular or plural, as context requires. It COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Willie L and Marjorie Davis., Respondent(s) CEB No. 2007-68 DEPT No. 2003060142 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-9 Deed 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-68 Dept. Case No. 2003060142 Plaintiff, vs. WILLIE L. AND MARJORIE DAVIS, 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: August 23, 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: Lee Ann Street SERVED: Willie L. and Marjorie Davis, Respondent Inv. Tom Campbell, 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: 7/11/2007 • 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.2007-68 vs. DEPT CASE NO.2003060142 DAVIS,WILLIE L.&MARJORIE,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) ORD:91-102 SEC:3.3.2.,3.3.3.,3.3.5.2.,3.3.5.3.,3.3.11. (REPLACED BY:ORD:04-41 SEC: 10.02.03 2. Description of Violation: The site has been developed without an approved Collier County Site Development Plan;structures and fences illegally erected without Collier County Building Permits;and the company. DAVIS TRUCKING CO,operating with neither a Certificate of Occupancy nor an Collier County Occupational LIcense 3. Location/address where violation exists: Lee Ann St. 4. Name and address of owner/person in charge of violation location Davis,Willie L. 4971 22w'Ave. S.W. Naples,Florida 34116 5. Date violation first observed: June 3,2003 6. Date owner/person in charge given Notice of Violation: June 3,2003 7. Date on/by which violation to be corrected: June 12,2003 8. Date of re-inspection: March 5,2007 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing,the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 5th.day of February 20 __ ,�. ,, /' Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw. w� o .i . -d) d bs 'bed before thij day of__ i•- - j 0a#07 7 i ���� / ./ // i1 .ture of .t. 'ubl' (Print/Type/Stamp Commissioned Name of Notary Public) Personally known A or produced identification Type of identification produced "+"' Linda C.Wolfe �� `\O{PgY PVB,, '2' Commission#DD273407 N�. ;.,,,,::-E,Expires:Dec 07,2007 ''''''''''''s Bonded Thru Atlantic Bonding Co.,Inc. REV 3-3-05 7 n COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT SITE DEVELOPMENT PLANS/SITE IMPROVEMENT PLANS TO: DAVIS,WILLIE LEE 497122ND AVE.S.W.. ORDER TO CORRECT VIOLATION(S): NAPLES,FLORIDA 34116 YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE LOCATION OF VIOLATION(LEGAL AND ADDRESS) FOLLOWING CORRECTIVE ACTION(S): WITHIN COLLIER COUNTY ZONING DIST: INDUS SEC: 11 TWN: 49 RNG: 25 SUED: 100-ACREAGE OBTAIN ALL NECESSARY COLLIER COUNTY BLK. 165 LOT .000 PARCEL OF COLLIER SITE DEVELOPMENT PLANS, BUILDING COUNTY RECORD PROPERTY ID: 00247200003 PERMITS AND CERT1HCATE OF OCCUPANCY PUD#TRACT# ,UNIT# SDP# , IMMEDIATELY,OR REMOVE ALL UNPERMITTED OR: 2223 PG: 2068 ILLEGAL ITEMS AND STRUCTURES FROM THE SUBJECT PROPERTY. A.K.A.(ADDRESS): "6222"LEE ANN LANE ON OR BEFORE: 6/12/2003 NOTICE PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in, PURSUANT TO CO1.i.1FR COUNTY CODE 1)the filing of an affidavit of violation with the Collier County ENFORCEMENT BOARD(C E B ) ORD#92-80 and 97-35, Code Enforcement Board, "C.E.B.", charging you with the AS AMENDED, YOU ARE NOTIFIED THAT A violation(s) as described on this form. You will/have VIOLATION(S) OF THE FOLLOWING COLLIER receive(d) notification that a hearing will be held which you COUNTY ORD.(S) AND/OR P.U.D. REGULATION(S) and/or a legal representative may attend. Failure to appear n EXISTS AT THE ABOVE DESCRIBED LOCATION. may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists,a maximum fine of$250.00 per ORD(S): 91-102 AMENDED SEC: 33.2.,3.3.3.,33.5.2., day in the case of a first violation,a maximum fine of$500.00 3.333.&33.11. per day for a repeat violation and a maximum fine of$5000.00 ORD(S) SEC. per violation in the event the"C E B"finds the violation to be P.U.D.NO(S): , , , - , of an irreparable or irreversible nature. Fines may be imposed REGULATION(S) on a per day basis for each day each violation exists. Costs of SEC(S) prosecution and/or repairs may also be assessed against you DATED: for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of,up to$500 DESCRIPTION OF CONDITIONS CONSTITUTING THE +costs may be imposed,or,3)the issuance of a citation which VIOLATION(S). ON 4/8/03 I DID WITNESS THE you may pay or contest in the Collier County Court where ILLEGAL USE OF THE SUBJECT PROPERTY penalties of up to$500+costs may be imposed. WITHOUT FIRST OBTAINING THE REQUIRED COLLIER COUNTY SITE-DEVELOPMENT PLAN,AND SERVED BY:__PERSONAL SERVICE POSTED ALL ASSOCIATED COLLIER COUNTY X_CERT.MAIL DEVELOPMENT-BUILDING PERMITS, AND SUBSEQUENT CERTIFICATE OF OCCUPANCY. Cert. Mail Receipt# INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ,HEREBY acknowledge ENFORCEMENT INVESTIGATOR: I ge I have received,read,and understand this notice of violation. TOM CAMPBELL. 2800 No.Horses'• r .Napl 34104 (941)403- • FAX • )403-23. �ignature and Title of Recipient Investigator' Signature VIOLATION STA "IS: ter/ 3 Print X INITIAL RECURRING REPEAT DATED THIS DAY OF ,2001 REF:CASE NO: 2003060142 3. � ---- . .I. 7 skCI . ) { a.k2�13J # OOJ�cO Jo \ ■ § ) . § �� f 7 � _\ } \ $ sg. o0O $ 2 ® ` A T �\ \ `2 k a2Ii ° � - ■ gk P3 . .E 2 \ \ £ \ } 22 / � �// 2� . ƒ U d § ¥ % c E \-( . § $ 0 . ) \\ k ƒee ;� \ 0 �05 �e w S}2 °£ , ci ° q _ °Etf ' a I 4 ' / �0C.c0 I )/ � I 2 k \ �22�a � £ 13 ~ / k k _ Vtee 2 E. E §It ` 22� ° $ \ . - z.5 a) } . Q $§ k f e ed \� >,ca_£ 2 z � CO - kEkfk / E \ \ ƒ Io_aco< o k V) ■ • • : d E I, t t nn 4-$la y i v . r-'CO 1 ■ u-j • �° ° � x o 9:Wu,V \ .o r • ` ' • b + .- a nmoa 0. < t w ollmes fte IIIIIMININIMIIININIIIIMI a) r a+ w .~ r w '� ;co r (.... - °; Ts, '= i f o s . 0. f ..>b e r w a -- CO m w P. �•w s O IL Q C. 13 • Ls M c� _l ORDINANCE NO.04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 ORDNANCE 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 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 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, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways , traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions there from: a. Single-family detached and two-family housing structure(s)on a lot(s) of record except as otherwise provided at section 4.02.02 ( cluster development). b. Underground construction; utilities, communications and similar underground construction type activities. c. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. d. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04. .7 f. Project entryway ryway signs, walls, gates and guardhouses. g. Neighborhood parks , subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping required). For the purposes of review fees only, this plan shall be treated as laaconceptual site development plan, and the applicable review fee shall apply. Minimum landscape buffering . Under certain circumstances with neighborhood parks , there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or his designee will determine, on a case-by-case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation. The County Manager or his designee will use factors including, but not limited to, the following when making a determination for deviation: a. The geographic location of the neighborhood park b. The effects that a lack of buffering will have on neighboring uses; and c. The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. While the above land use activities shall be exempt from the provisions of section 10.02.03, these land use activities are subject to all other provisions of the Land development Code such as but not limited to landscaping (with the exception of g., as listed above), tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits 4. Site development and site improvement plan standards. The County Manager or his designee shall review and consider all site improvement and site development plans in accordance with the following standards: a. Statements regarding ownership and control of the property and the development as well as sufficiency of conditions regarding ownership and control, use and permanent maintenance of common open space , common facilities, conservation/preservation areas, or common lands to ensure the preservation of such lands and facilities will not become a future liability of the county. b. Development compliance with all appropriate zoning regulations and the growth management plan. The ingress and egress to the proposed development and its improvements, vehicular and pedestrian safety, separation of vehicular traffic from pedestrian and other traffic, traffic flow and control, traffic calming devices, provision of services and servicing of utilities and refuse collection, and access in the case of fire or catastrophe, or other emergency. Notwithstanding the requirement to comply with the foregoing provisions, the depiction on a PUD master plan or description of access or location of access points in a PUD ordinance, does not authorize or vest access to the major road system. The location, design, capacity, or routing of traffic for any specific access point will be determined by, and must comply with, the regulations for site development in effect at the time of site development plan approval. c. The location and relationship of parking and loading facilities to thoroughfares and internal traffic patterns within the proposed development, considering vehicular and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, screening and landscaping. �1 - - - B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant 5. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. a Returnlo:(endue self-addressed stamped envelope) 2094071 OR: 2223 PG: 2058 Name: ACTION TITLE SERVICES Address:rat ra+ntami Trail Nartb IICOIIIID la OHICHL 1E0103 of COLLIZI CDOM, f1 Naples,FT. 34103 09/01/91 at HAM OMIT I. EPOCI, CLIII This irtsuumeat Prepared by: SANDY PHILLIPS HC III 10.50 of Acrta:4mt.esERVtCES DOC-.70 .TO as a necessary incident to the fulfillment of conditions kltII: contained in a tide insurance commitment issued by it. dCtI01 MU CO IR Property Appraisers Parcel Ideentii'icarinn(Folio)Number(s): PICT 00247200003 Grantee(s)S.S.J(s): —Sftra*ewe TOO GLIB FOX fltOCL4"in DATA FILE NO: 96060049 WARRANTY DEED (CORRECTIVE) tTb. s.u.'p+d'p+....Woo 4®.,m•*$.d.au ammo sus.pmt,.lss ,U.+otra.► This Warranty Deed blade this day of ROBERT J. WAGNER AND CELINDA L. WA NER, HUSBAND ANDIWIFE 'by whose marital sinus hereinafter called the grantor.whose post office address is: 110 0 MORNINGSIDE DRIVE NAPLES, FL. 33940 to WILLIE LEE DAVIS AND MARJORIE DAVIS, HUSBAND AND WIFE whose post°Mee address is: 4971 22ND AVENUE S.W. NAPLES, FL. 33999 hereinafter called the grantee. • WI TNESSETI£e That said grantor.for and in consideration of the Aral of S10.00 Dollars.and other valuable considerations. receipt whereof is hereby acknowledged.hereby grams. bargains. sells. aliens. remises, releases.conveys and confirms unto the grantee.all that certain land situate in COLLIER County,Florida,viz: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT PROPERTY IS NOT THE HOMESTEAD OF ROBERT J. WAGNER AND CELINDA L. WAGNER, HUSBAND AND WIFE WHO RESIDE AT 1100 MORNINGSIDE DRIVE, NAPLES, FL. 33940. *** THIS CORRECTIVE WARRANTY DEED IS BEING RECORDED TO CORRECT AN INCORRECT LEGAL DESCRIPTION OP THAT CERTAIN WARRANTY' DEED RECORDED IN OR BOON 2201, PAGE 2322, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • • This propeily[is)fir noel she homestead of the Gantor(s). - TOGETHER with all the tenements.hmedilatnenis and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold,the atone in fee simple forever d the grantor hereby covenants with said grantee that the grantor islawfndly 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 fitlly warrants the title to said Land and will defend the same against the lawful claims of aft persons whomsoever: and that said land is free of all encumbrances, except taxes accruing subsequent to December 31.19 96, reservations.restrictions and easements of record,if any. IN WITNESS •I•• 'I F,Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed.Sealed + � ■in Our cc;. •fir • /t e, :t�' A 7s Witness Si taruwnr' ,s t3eat W Primed N RO J WAGNE, 4'r ,c2 UPI Cllc ?V. ;)/;,/, g WitnasSiansnue: /� � Witness Printed Nato \,. 0 i CEL"fir WAGNER 7 �' radar Whams Signature: .1 t Witness Pri+wd Name KERRY HORAN) (Scat mum man n.= whom Printed Name: STATE OF FLORIDA COUNTY OP COLLIER The foregoing instrument was acknowledged before me this ,3)R-4 day of .19 96 by ROBERT J. WAGNER AND CELINDA L. WAGNER, BU�SAAND WIFE • who islare personally known to me or who hunsave produced , ��tey £ extE _sfaz/ y✓ °' ISOMElk hatter 11,US r aosts tin Wayne*thawau".s Notary Public /1g. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-68 Dept. Case NO. 2003060142 Willie L. Davis and Marjorie Davis, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, WILLIE L. DAVIS, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2003060142 dated the 6TH day of June, 2003. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23rd, 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) 3.3.2, 3.3.3, 3.3.5.2, 3.3.53, 3.3.11 of Ordinance 1991-102 As Amended, Collier County Land Development Code; replaced by section(s) 10.02.03 of Ordinance 2004-41 As Amended, Collier County Land Development Code and are described as development and improvements of vacant industrially zoned property without an approved Collier County Site Development Plan, Building Permits, Inspections or Certificate of Occupancy; and also operating a business on this same site without a Collier County Local Business Tax Receipt (Occupational License). THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$578.09 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining an approved Site Development Plan, Permits, Inspections, and a Certificate of Occupancy within (120) days of this hearing or pay a fine of $200.00 per day until this requirement is met. And subsequently, obtain a Local Business Tax Receipt within (7) seven days after receiving the C.O. or pay a fine of$250.00 per day until this requirement is met. or... Obtaining a Demolition Permit, Inspection and C.O. to restore the property to it's original condition within (60) days from the date of this hearing or pay a fine of$200.00 per day until this requirement is met. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. (14' ezz.o-r Res ondent _ Michelle Arnold, Director Code Enforcement Department REV 2/23/06 00, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-68 vs. o WILLIE L.AND MARJORIE DAVIS, Respondents P4 a M. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD PV THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its o Findings of Fact,Conclusions of Law,and Order of the Board,as follows: w a C a " FINDINGS OF FACT G7 U • P4 I. That Willie L.and Marjorie Davis are the owners of the subject property. N A P4 That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the U � � • Respondent,having been duly notified, appeared at the public hearing,and entered into a Stipulation,which was a amended. C) y„ C_., CL �1 R� " 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. ▪ b 4. That the real property located at 6222 Lee Ann Lane,Naples, Florida 34109, Folio 00247200003 more 4zs°, particularly described as (see attached legal), of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Section 10.02.03 in the following ca• o particulars: U m M a Site has been developed without an approved Collier County Site Development Plan; structures and fences illegally erected without Collier County Building Permits;and the Company, Davis Trucking Co.,operates with neither a Certificate of Occupancy nor a Collier County Occupational License. C-1 Fi ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier • 12., County Ordinance No.04-41, it is hereby ORDERED: N • PG PO x E; That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, Section • " `.. `�' 10.02.03 l E be corrected in the following manner: 1. By obtaining an approved Site Development Plan,permits, inspections,and a Certificate of Occupancy within 180 days(February 19,2008). 2. By obtaining a Local Business Tax Receipt within seven(7)days after receiving the C.O. 3. In the alternative,by obtaining a demolition permit, inspection,and Certificate of Completion to restore the property to its original condition within 180 days(February 19,2008). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 19, 2008,then there will be a fine of$200 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 February 19, 2008,then there will be a fine of$250 per day for each day the violation remains. 6. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board by February 19,2008,then there will be a fine of$200 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. chi 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$578.09 within 30 days. C7 ea.. 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. CV cril DONE AND ORDERED this a, day of ` ,2007 at Collier County, O Florida. Q 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 �d y of r. 2007, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida,wls personally known to me or V who has produced a Florida Driver's License as identification._........_....,,,, CHRISTINA L 11RBANOWSb \ 1 "�`� ,� •,, MY COMMISSION#DD 241717 n•. --;a EXPIRES:November 22,2007 NOTARY P BLIC 7 0•' Bonded Thor Nola Rolle Underwriters Via,,�,,. Notary My commission expires: • '. :e. 4i r 1.I.ii cL/ :ii.1ricj cf COLLIE. I HER r3Y CERTIFY THAT this is a tuts an r.;ri: ,. c:,r '°J o,. cocurnant,onfle In 1:10.17 ' clinutc.s an'_R6Y•oros bt Collier C4u11i' „ a,�' : a my !'6:11 a.sp'c flcial'scal this DWIGHT E. $,liQ(AK„, r.E#RII 0F,COURTS v� D.G, r',f CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hq$been sent by U. S. Mail to Willie L. and Marjorie Davis,4971 22"d Avenue S.W.,Naples, Florida 34116 this Z$ day of/quiIJst ,2007. /V , ,1 6..4--e 1-7 ,',`7-7 '-- ez x--(---"2-4v\-- M. Jean Rawson, sq. Florida Bar No.' 50311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 may. Naples, Florida 34102 Co (239)263-8206 M W tC:1 N L1: C) BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-68 Dept. Case NO. 2003060142 Willie L. Davis and Marjorie Davis, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, WILLIE L. DAVIS, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2003060142 dated the 6TH day of June, 2003. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which hearing is currently scheduled for August 23rd, 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 {tarties 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) 3.3.2, 3.3.3, 3.3.5.2, 3.3.53, 3.3.11 of Ordinance 1991-102 As Amended, Collier County Land Development Code; replaced by section(s) 10.02.03 of 00 Ordinance 2004-41 As Amended, Collier County Land Development Code and are described as development and improvements of vacant industrially zoned property without an approved 13-' Collier County Site Development Plan, Building Permits, Inspections or Certificate of CJ Occupancy; and also operating a business on this same site without a Collier County Local Business Tax Receipt (Occupational License). a THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$578.09 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining an approve Site Development Plan, Permits, Inspections, and a Certificate of Occupancy within days of this hearing or pay a fine of$200.00 per day until this requirement is met. And subsequently, obtain a Local Business Tax Receipt within (7) seven days after receiving the C.O. or pay a fine of$250.00 per day until this requirement is met. or... Obtaining a Demolition Permit, Inspection and C.O. to restore the property to it's original condition within0Oj days from the date of this hearing or pay a fine of$200.00 per day until this requirement is met. I%d 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. -R42t2.5 ndent _ LL•o�' Michelle Arnold,�, Director Code Enforcement Department REV 2/23/06 oeji Return.=(enddse self-addressed stamped envelope) 2094071 OR: 2223 PG: 2068 Name: ACTION TIT1E SERVICES U7 tl)j u j( Address:3133 Tatsdami?rag Nartb IICQWZ') IG otIICIjj IICOI03 of COLUII CQOITI, IL Naples,E7. 34103 89/02/9i at 61:10!3 HMV 1. BQOCL, CULT This tmrrtmmeat Prepared by: SANDY PHILLIPS ROC III 16.50 Of ACTION TITLE SERVICES DOC',1SERVICES as a necessary incident to the fulfillment of conditions ]Lott: contained in a title insurance commitment issued by it. Win TIM Cd Property Appraisers Parcel Identification(Frith])Number(s): Met!R 00247200003 Grantee(s)S.S.e(s): ACT ABMS THIS Laea FOR TROCEDDID3 DATA FILE NO: 96060049 WARRANTY DEED (CORRECTIVE) at.lees-hams'woe limo*OAT be moaned te book ii'mien s.l•uponee pied me Vs sew wk ..) This Warranty Deed Made this � day of ROBERT J. WAGNER AND CELINDA L. WA NER, HUSBAND AND WIFE by whose marital status is: hereinafter called the grantor,whose post office address is 110 0 MORNINGSIDE DRIVE NAPLES, FL. 33 94 0 to WILLIE LEE DAVIS AND MA.RJORIE DAVIS, HUSBAND AND WIFE whose post office address is: 4 9 71 22ND AVENUE S.W. NAPLES, FL. 33999 c+'7 hereinafter called the grantee. C> WITNFSSETILI That said grantor.for and in consideratlah of the sum of S10.00 tZa receipt whereof is hereby acknd►wfedgdat,hereby Dollars. se other valuable considerations. by grams, bargains. sells, t rns, remises, releases,conveys and confirms men the ramp.all that certain land ahttate in COLLIER County,Florida.viz: SEE EXHIBIT "A' ATTACKED HERETO AND MADE A PART HEREOF. cv SUBJECT PROPERTY IS NOT THE HOMESTEAD OF ROBERT J. WAGNER AND CELINDA L. WAGNER, HUSBAND AND WIFE WHO RESIDE AT 1100 MORNINGSIDE DRIVE, NAPLES, FL. 33940. • O **** THIS CORRECTIVE WARRANTY DEED IS BEING RECORDED TO CORRECT AN INCORRECT LEGAL DESCRIPTION OF THAT CERTAIN WARRANTY DEED RECORDED IN OR BOOK 2201, PAGE 2322, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. • This propeifLy Cis((is not)the homestead at the Grantar(s). . T G ! E � R with all the tenements.liitaments and appurtenances thereto belonging or in anywise appertaining. Hold,the same in fee simple forever. • the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in Ike 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 sane against the lawful claims ofd persons whomsoever and that said land is Gee of all encumbrances. except taxes accruing subsequent to December 31.19 96, reservations,restrictions and easements of record.Warty. IN WITNESS .I • 'OF,Grantor has hereunto set da rantor's hand and seal the g y and year first above written. Signed.Sealed a 1 .in Our ,{70,f.1.5r J 4 Witness Stamm. ace!Printed N 'OBERT GN �cirer / Witness Signature: Witness Petra°Name: \,. 0 CELINDA L. WAGNER Whom Signature: y • Witness Psiva d Name: lot EARN'HORAN !Stud Witness signature: Whaesa Printed Nam= 15s,1 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ft4 day of by ROBERT J. WAGNER AND CELINDA L. WAGNER, HUSH AND WIFE .19 96 • who is/are personally known to me or who has/have produced / �LG! as identification. / } p� My Commission ex r-. SAUNL lA K PIEWPS 1 1 11 Ze14i�'�`�l� (,� /'"` Serial.Nwnber. • air commons ccal s I • tea/ s/ Cj� ' : 1u tenors Notary Public. ✓-' •�- � tea► 33(i ' . • ' 2074036 OR: 2201 PG: 2322• 1ttaun ii Orrlcui ucoln of ca&uu cawIT, n 17/12/!1 at 11:1311 DIICf! I. MU, MIS 00111 I1N1.N tlt /II 111.51 toe-.71 331.11 Rota: lC?IO1 ?ItLI CO Rare to: ACTION TITLE SERVICES !ICI 0 3733 Tamiaoi Trail North Naples,Florida 33940 Jr:• Prepared by: MICHAEL R N.MrDONNELL,ESQUIRE The Old Cove Proismi led Building I I 1165 Ei�l►sheet Sdh Naples,FL 33940= PaesIID/ 00247200003 Greaten SS/:ce`' i iyajitA17 DDjyQ THIS INDENTURE,Mede . 1 7 i IODURT i.WAGNER mad CIUN A I. WAGNER,hmird asd lea, • . .', he 100 Momiseir a 7 t\ Florida 33910.tamtor'.and TALUS �' Ili DAV>r and MAliiOtli sod Mk whose :497122nd Maws S.W.,tiepin. 1 Florida 33999, oldie Calmly d • ,' S rids.Passe, d �+ sod 00✓100($10.00)DOLLARS. ` � 'DM • .�'�� :4i,,,......— . -• the mope wharecl'is hereby 21 , • , }D ay► , .• pa„ood represodeti ea,suoonasorn c� and asatp forever.all ddtal :- m,...,r j Florida. Pared 311,iisteW leas__r blew: '� — / N Cs s.e1.p.t des W ►• erased= l I, / S.rrth,Rasp 23 last,Ceir _; Ce.mty,Meehlat theme " ' aN West,W, saM See!!o. I I,es we eyed,N sb'3rrr'_,,uS7. N ' r►� *son N dl!'33'43"$,/16.11 Ink a-, tines N 1'11'17"W,S7SM Get ; '-INNING. c�.r r ma mseemllmits ats g ihe last damasisd eamee,SUS het;!lame N 1!'36'43"1.,li&N Sid Se the Nee*sod Se.ti .line d air Roden i then slat amid Neeih sad lout h IM r i —.3 Y34'17"1,M+M bit Renee$WRNS"W,18S.S•Art Is the PLACE OF ItUGWIlV lG,bit pool e/the Naalimest U4 of NM toads'IL :.-: THIS NOT THR ROIIIIIITEAD OR G1ANTOL Rebore J.Waver sad C.6da L.Weiser, bosremd mad We reside at l lM MendupMs Drive,Naples,FL 33940 Subject,horrwia,b restriction.reservation and easements of record,outmoding oil,oaa ad mime' Wants effaced.if any.and real dale!slim kr the anent acrd arooedies yews. SUBJECT TO AN OUTSTANDING PINE RIDGE INDUSTRIAL PARK ASSESSMENT, ACCT. 0207955, WITH AN APPROXIMATE BALANCE OF $14,831.33 WHICH GRANTEES AGREE TO ASSUME AND PAT. TOGETHER with all the le.mnah.6seditammb and apportions thsebbelo.ting or in anywise eppsiiina TO HAVE AND TO HOLD,the ease in fee simple forever. cg\wuMwusfR.DU rf w AP PRPIPIIMPINIF WNW 1611.1.10 1: . . • . *** OR: 2201 PG: 2323 It " AND he prior haroby ooMataots with acid Smoke that the ardor is lawfully mind of said had is he aim* that the grantor hes good right aid lawful authority b sell and oaevey acid lank that the grantor hereby 1ty w.rrals the tide to said land and will&hod the reme apnea the lawful claim clad person.whomsoever. **Greeters and•grates'are used for singular or plural,as emend requires. IN WTINESS WIEtECF,Grantor has he mater set ardor's had ad seal the dry and year bat show anima I i:I,,SEALED if DELIVERED I TIC pREFNC,OF: / - . , , 3. R _ t. I .e.. - Rs : :I'TJ.W rHER CIO •� r, I ir..i 1 S Or, 14 4 g I I j r f c-. ley ~-• la I al 1• ca&itiil CELINDA L.WAGNER 7-41:-... t,=, Witness --- r-- y W. "-III ha mils l'U n .„, - ' R C e s n rA r) ci Yx c� _ O (Pa oam (Print daddre.$) -3( / \ -x I lic 7` 7 _---I • -,c STATE OF FLORIDA j ioDit , , , \ COUNTY OF COLLIER : i 4 1,s Notay Public • - • by law is the state ' •• to take aolmowledg mwlr.hereby fit*that Noun a W '- , , '.,=LINDA L WA , i• - t I.r i, WEAL (pie dock oar di '; following Yams an tracked,the s)(Ware paraooapy .�. .t" lororrs b ass,or( )balmy P�� ►. as ideolidoWoq and• a , • • io the W Durk ■roar r that they dined the Warrarty Deed io •+*•"►. . ; _ That they Dead. WITNESS ray hood sod official • ty above this 17 o7hae� Notary bbl (Pmehdta m hel9 ,o it My communion expires: /14)/. / / ',:i.k-A.. II l d kick 1- !f,i r t S.; rLl C ce APRIL J. I N Comem.soo N0...1' he caNIMMONOCCOW (3 x p a�w>R MN r' iambi AR,ear Yual Nib rare R * >a 0011111.1011 a CC ram a- •.1 t7tle w.4 ION r '` SNOW trim mew Pal Uamraes . ct\REAL\WINER.DU --- - - - COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rodney M. and Kathleen M.,Case Respondent(s) CEB No. 2007-69 DEPT No. 2007010921 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-5 Deed 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-69 Dept. Case No. 2007010921 Plaintiff, vs. RODNEY M. AND KATHLEEN M. CASE, 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: August 23, 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: 3018 55th Terr S.W. SERVED: Rodney M. and Kathleen M. Case, Respondent Inv. Carmelo Gomez, 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: 7/11/2007 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. 2007-69 Vs. DEPT CASE NO. 2007010921 Case,Rodney M&Kathleen M.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 92-80, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,as amended sec.(s) 10.02.06(B)(1)(a),10.02.06(B)(e) of the Collier County Land Development Code 2. Description of Violation: Building a shed and gazebo without County permits. 3. Location/address where violation exists:3018 55 ten sw.,Naples, fl. 34116(folio#36458240004) 4. Name and address of owner/person in charge of violation location: Rodney&Kathleen Case at 3018 55 terr. sw,Naples,FL.34116 5. Date violation first observed: January 26,2007 n. 6. Date owner/person in charge given Notice of Violation:January 26,2007 7. Date on/by which violation to be corrected:February 25,2007 8. Date of re-inspection: May 8,2007 9. Results of Re-inspection: Violation(s)Remain(s) STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. / Dated this 8th day of May,2007. . Car. o Gome Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of May,2007 by Carmelo Gomez. (S gnature of Notary Pu c) (Print/Type/Stamp Commissioned Name of Notary Public Personally known or produced identification Type of identification produced ,IPpY PUB, Indira Rajah ..7-=Commission#DD273349 REV 3-3-05 Expires:Dec 07,2007 %9rF of F�oQ, Bonded Thru " s Atlantic Bonding Co.,Inc. 2 . Case Number' 'AI 09 7 '� COLLIER COUNTY CODE ENFORCEMENT • , Building Permits,Administrative Code& Other Permit Requirements yd NOTICE OF VIOLATION kespondent 641-yr. ,eed,�1 ' /Y': 4. Date: 1 61 Investigator: t/ 1 Phone: 239- =i e47-1/84 of Li i.� Zoning Dist /',e.�; Sec i Twp 1/'1 Rug Mailing: j®f�%' ,y'�it ;,44,_fed,. Legal: Subdivision F! /L.1:>7 Block _4244- Lot 4 .itdfl' L C$ ;~Lr ....Y y/t e Location:M/eS 'j( .J f Folio —.q 04'd2 y4()P OR Book 3_6' Page 4r- Unincorporated Collier County Violation: Pursuant to Collier County Code Ehforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a vidlation(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 I> ection 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy iiiiii��"```` 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. 1$110.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspes£• ns,and certificate(s)of occupancy,etc. ' from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the 010.02.06(B)(1)(t Improvement of property prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, ,""'■,improvement of property or construction of any type may be commenced Other Ordinance/Nar alive' _ ��� prior to the issuance of a building permit where the development proposed f h requires a building permit under this land development code or other ���'� �� �I� GJ �� applicable county''regulation. 1./..,T /Jel 14-1,-.4.42/' 4, e�* $10.02.06(B)(1)(d)(1 In the eve$t4ihe improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). levlust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II ! Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools). Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure requited shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: e>� ��(/7 certification of a one or two family dwelling unit on the same property.the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit • oseeu in. (or other written site specific work authorization such as for excavation,tree / f / ,7 removal, well construction, approved site development plan, filling, re- .A MIL 1, �&, / `�� vegetation,etc.)shall have been issued prior to the commencement of work at •• ■ondent's :i: ature ate ^the site. Activities prohibited prior to permit issuance shall include,but are . j tot limited to, excavation pile driving (excluding test piling), well drilling, r, ' /`"� �� formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made.4p the occupancy, nature or use of a building or part of a / building until after the building official has issued a certificate of occupancy, J etc. 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 /1 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). rl(a rl.RR . .rT'r4t•i' �t+I;a is `JFBlx,1.k,. •...,•w S 4tI .7 ,F.rs in`: ;iu�i 1F't i' , • 00135E 0.00052 0 I 1 86683 19BBJUN -U. All 9, 53(n. /'� - 1��. ..kart` 1'}.}r_i COLLIER COUNTY wA R F$iiP44-�r DEED 1 ' . . ,cep Recording:G:OD ;_� or Starnps:(i� 50 •NF . HIS WARRANTY DEED Made the 21st - day of May A.D.' 1588 by Iry r • AND--- Ilene Leichtle, an urrernarried widow, surviving spouse of S.L. -- Leichtle, Deceased geeD hereinafter called the grantor, to . Rodney M. Case and Kathleen M. Case, hltsband and wife • whose pc.stoffice address is 623 Cape Kennedy Rd., .Naples, Florida • 3394E . herein called the 'grantee: • (wherever used herein the terms ."grantor" and "grantee" include all the parties to this instrument and the heirs, • legal representatives arid• assigns of individuals, and the . . successors and assigns of corporations) WITNESSETH: That the grantor, for and •in consideration Of the . ' sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, conveys arrd confirms unto the grantee4 . all that certain land situate irr' Collier, Florida, viz: Lot 6, Blc.ck 268, Golden Gate, Unit 7, according to plat thereof recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida. . . a -a FOLIO. # 33414400005 • ' ern V 9k 0 r° TOGETHER with all the ter- it .ereditaments and appurtances • a `-"?. thereto belonging or �Tr• -•( tairii rig. r--•-o r•=t • _ 2 N '- E�R, TO HAVE AND TO HOLD, e same in fee wain le forever. as -...E3 ,�•� �, co � o �„_ .;� AND the granter er by enan th i grantee that the • 22- n•.� grantor is lawfu 1 -'-e - f •d land in fee simple; that'the' • . a'4;9: grantor has gc.o r r• i �''•t to sell and- convey said land; that th= ra t. h- - _" - y w rrants the title to'di\ • said land and wir11 = r° e:;. •r-. the lawful claims of all persons whorn er; and that- ai l"n� is free of all • �e." ' encumbrances, exgqep• taxes accru'� ui�1 errt to December 31, . • 1987, restrictiarike sernents and ty,e -U- ions. _ IN WITNESS WHEREOF,\ d gra r -s signed and.sealed these • presents the day and tre C'•- writP2tten.I' . 41 WIT SS lleene Leichtle . V (4>r' 2,rri 5- Do,. ✓1:�(c2-". • yz. S --f / —P-=i �:r.r.__...T_, LS WITNESS c: . /� I�r r STATE OF MISSOURI COUNTY OF.j}. I_uQ i3 • • I' HEREBY. CERTIFY that on this day, , before me, an office .duly • authorized in the State aforesaid and in the. County aforesaid to take acknowledgments, personally ,appeared Ilene Leichtle to me knc.wn, to be the perscm(s3 described in and who executed the. • . foregoing instrument and they acknowledged before me that they • executed the same.. ' • • WITNESS roy hand and official seal in the Cc.unty: arrd.',State.Tast • • aforesaid this 21st ' day of May • , A.D../1988: R `. • 1.•1� KU.I`�'• I2 ) (sea l3 ---1tEGlNAP.H:Ji�ER :r z:- Notary.Publicpp�.P nuc-� �oa_ ah er r.:: RI ' .t o; ) �� My. Commission Expires: sr.LOUIS CO1jNl '�$''r [qy COMMISSION EXPIRES Sul.3,16;4 .•'' r 2 • rv0i; This Instrument prepared' by: J.E. Barrkosky,. President o p y,. GOLD COAST TITLE INSURANCE CORP., o�'' • 45C11 Tamiarni Trail North, Naples,c s J • • • Florida, in conjunction with the .�-`t • isq.uance of title insurance.' _ n r ""'37 +4 kZtj' ;V `""5M; , ,�- 14 rte. C.. Fou r ty E%h,',6.'t 6 Cg, 2 no 7 -,6' CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DATE 2007010921 1/26/2007 IMAGE DESCRIPTION gazzebo * wr poppooggre: 1 41MMI 111 CODE CASE NUMBER IMAGE DATE 2007010921 1/26/2007 IMAGE DESCRIPTION shed with no plumbing, electric or a/c Collier County Printed on 5/30/2007 5:04:58 PM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-69 vs. RODNEY M. AND KATHLEEN M.CASE, Respondents Il — / .�. WI V a ° FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD 4 THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its h4 Findings of Fact, Conclusions of Law,and Order of the Board,as follows: C14 W4 hA C4 m a a FINDINGS OF FACT L r-- I. That Rodney M.and Kathleen M. Case are the owners of the subject property. N � Pa a W 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the a `Y Respondents,having been duly notified,appeared at the public hearing. O H `, 3. That the Respondents were notified of the date of hearing by certified mail and by posting. py rn d 4. That the real property located at 3018 55th Terrace S.W.,Naples,Florida 34114, Folio 39414400005 more o particularly described as Lot 6, Block 268,GOLDEN GATE,Unit 7,according to the plat thereof recorded in Plat F_, Book 5, Page 140,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04- 41,the Land Development Code,as amended, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(e)in the following Pf. M ° .0 particulars: Building a shed and gazebo built without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: . That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, Section E. G ;I; I0.02.06(B)(I)(a)and I0.02.06(B)(e)be corrected in the following manner: c x wa ,U "' ,4 V H f�7 I. By obtaining a Collier County Building or Demolition Permit,by requesting inspections and obtaining a Certificate of Completion/Occupancy within 120 days(December 21,2007). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 21, 2007,then there will be a fine of$150 per day for each day for each day that until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement 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 of $299.32 within 30 days Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 97 day of ,2007 at Collier County, Florida. <=:) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA cv^7 BY: & 27 - (=L. Sheri Barnett,Chair 2800 North Horseshoe Drive kszs Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) C:4 The foregoing instrument was acknowledged before me this 1 day of 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, is personally known to me or i/ who has produced a Florida Driver's License as-';- . • ation. — ► NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rodney M. and Kathleen M. Case,3018 55th Terrace S.W.,Naples, FL 341114 this 2S 44' day of IfluSuS(- ,2007. M.Jea awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 Stare of F LOIIIUA county of COLLIER I HEREBY CERTIFY THAT this Is a true and correct copy of a document on,file in Board Minutes and Records of Collier County W, `ESS my h no anci official seal this day of 13 2457 DWIGHT E. BROC,K,CLERK OF COURTS Thrs ,,, D.C. 4060889 OR: 4271 .PG: 1123 1ICO1010 in uncut 000101'of COLLIIR COII![, 1L 00/11/2009 it 03:ll/1 DIZ011? 1, I1OC1, CLIU Papered Siosane D.Lathe,$.q. 11C !II 11,90 Ross,Lanier#DdQA;P.A. Iota: t10C 7a ,�a 399 0 attest Nodb,Bodes 800 IOU lIiit tt llCAdt I1C Naples,Maids 34102 S!! 911 ITAIIi 1 1J00 QUIT CLAIM DEED NAM IL 31IO2 a,as . on the 1_ day of Kstblae ,Co,u !hobsttd Wit', Kathleen M 4c Care,a married woman,whose.,Hopis,Maid' 11& i.aO1a 556 Theme&W 4( oo aRation of AND NO/100 ($10,00) ..�3` ml 'dos a ck r P bbodMM�o�'ofOWeatMeP dwoiilRs assenting '�_ � Coatis 7 t° am!n °tn°° Md is Iet Boot 5,Pap 140 of do PubReads a Plodd a.. POLIO 9 39414400003 Tooker with e1 1b.acn6 to d oferanioa in nob P To Kos aid 1.Bola dos sone tombs, W and singular the c4-1 anywise s pre41e sad ell GM pt.i� 1lltvamo vw of a In O tt ,dtb,to law or equity,to the preps,use,boaodt�behoove pm °�1os mid 11121/ECT ALSO to loos far the yew 200 wad pubasipmet Eared,and oaths oed�°oee of Cod*Co w*Florida. ' ' and ammo 4c Thu anodic is beiop mod. ZOOS,iflad, b a Modal deft mart Apes �" Cent in and tar Codlls, nay, b C Novenbsr �ad is adapt pt d ont pe aaroattaty mow to Pie.Admin., Cods 1,1n-4.0�t Quitclaim boa Deed In b.lgp rioo.d.d without hi bandit of a title etasaolalloo and no opinion chide has D4 ITN131111 SOP,Orator bas eaaem.d this Dad on die dais foes above written, • $ d,ailed red thawed in au mom oil s ,rte_ • .a Neaa1■ I ...... ..cm. ii, a:4 r TAW Mom 1 d ILLS ILODLL6E1 6ddd dOdd A13 63I1100 WdES:ll /OR f' end POOR QUALITY ORIGINAL , ORDINANCE NO. 81-42 � BEING AN ORDINANCE RELATING TO OCCUPA- �Y TIONAL LICENSES) LEVYING •`' LICENS$ TAX; AN OCCUPATIONAL ENLACING IN OR iiMANACING A PERSON FROM • PROFESSION OR OCCUPAT ANY BUSINESS, • ION UNLESS A COUNTY LICENSE SHALL HAVE BEEN PROCURED FROM THE COUNTY TAX .COLLECTOR, ESTABLISHING CLASSIFICATIONS OF OCCUPATIONS AND LICENSs TAXES FOR EACH: PROVIDING EXEMP- TIOS tE PROVIDING PROCEDURES F ALTIES AND o , PROVIDING ,. ENFORCEMENT, PROHIBIT-IN4- LATION AND MAKINO SAME A MISDE- w a_ MeAgaRi REPEALING ORDINANCE 72-3 J OR-Z3 I+NG COMMISSION FOR TAX t R AND -' PROVIDING AN EFFECTIVE DAT'ECOLLECTOR AND -- lu tr ...1 ...I 41 • BS ITOtD�ApBY - E BOARD OF COUNTY COMMISSIONERS OF • COLLIER COUNTY, FLORIDA: SECT/024. 1. Local occu ational License Taxes No person uhall engage in or manage any business, pro- . ' fession or occupation in Collier County for which an occupa- tional license tax is required by this Ordinance unless a County license shall have been procured from the Tax Collet- tor for Collier County. A separate license shall be re- quired for each place of business. Such license , cense shall b issued to each 0 person upon receipt of the appropriaf�•� li Ate tax, and satisfaction of other a M e condi;tens CD pplicabl prescribed pursuant to law. Nothing n be construed to exempt an g this Ordinance Mall Q Y person, as defined in Sectia 2 m of this Ordinance, from any other required or certificate or an or tense y other regulatory enactment cJ the State. of Florida or its political subdivisions. j" - of this Ordinance shall be Vi°lations� ' prosecuted in accordance w th provisions of Section 6. CJ SECTION 2. : >,•, •,efinittna: • .,y.. E, a __(1) The word "person any individual, person, lira•parnerahiP, corporation association, executor a dis .. v.,. .v4 , .4D M' .i t *.l istra for, trustee, .joint advent u re . eatttla►. usts, *rt i,< *`�iet .FcX businos. truats�_ sYtaicate!,'•ti du ciaries, and all otha . ∎ 4 x .• • ,...,yam,. c, ":::,'; :F business groups or. _- . •,irk ia DUOK 7Z.0 - rage 1025 i Page 1 of 1 I tYAgApttt eta 712811 Oat 926 PG 1689 89 • t ' aAMCO Pante e WHOM AfYtnar 1 i,t.Mia� a 4.ECG i Rd ', ,t I �� ti # tJ Ili-, Aiado this f / ring of $L . A. (?, 1'1 Olt Itt tin BETTY QUESINBERRY SKIPPER, former). known as BETTY ANS QUESINSERRY, the remarried ald of eumf RRY pcsImE l r. uauttlr or Collier . to inn Butte al Florida ,part y of iho Pat port.and ALFREDO MIRALLES and RIRADIS MYRALLEB, husband and wife, of tiro County of Collier , in phe Mate 4 Florida , whose post offal, address Is South First Street, Immokalee, Florida 33934, part ice of tlw wand oat. • IlthintiStUt, That the said part y of iha first port, ler and in considerate of Ilse aria of TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATION --B to her in(rand paid by the said part Les of the strand part,the roared whir of is hereby ac&noutl• .aged,has ,,, .,j,bargained,and Aola go Ow aid part ies of Iht strand poet, their, train and organs farmer. dm failatoutg dsscrtdsed land, slitsntn,and being in iho County of Collier Si ,ai of Florida , /pipit; Late 14 and 15, Block 1, Caraon's Subdivision, V `� according to the Map or plat thereof recorded 14:inn Plat Book 2, at Page 40 of the Public r__ Records of Collier County, Florida. Subject to a utility easement given to Immokalee o , Water and Sewer District, recorded in 0. R. Book a 893, Page 862, Public Records of Collier County, m a Florida, and subject, further, to any additional v. easements, restrictions and reservations of record, and to taxes for the current year. • And the said ttari y of the fart part does hsr.dry fitly warrant the iiile to said land,and will defend At ` some against At lawful claims of all portant tohapaotwr, in MUSS 1Ih!reerp The raid purl y of the first part ha a hereunto sat her hand and se the day and year first allow amnion. Stinted and d n i kimono* aft � ... ..lEt.. «. k r,.. c Clctir1"4 C.iu'''' ..ww .rw.Mrrrw..w..• «.w•.m.r......f.u.w,+fwMrf.Mn rr Ta OF F-ORItA COUNTY OF COLLIER ,....._. , etficet d I ttaRE2Y CERTIFY that oa aklt day, heron me, an ttiy eathariseef In the Sow aioreatld and In the Coanty situ sell to rain aeknowiedpnneatt,mummy appeared BETTY QUESINBERRY SKIPPER, formerly known as BETTY_ANN QUESINBERRY, the remarried widow of ALLEN QUESINBERRY, to .te known to be the nano* demand in sad who eeeeutsd aka lnteeoboa Inuteuor..t owl Rhea itAlowt.AM http://www.collierappraiser.com/viewer/Image.asp?ImageID=322392 5/30/2007 /7 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sanctuary of Blue Heron., Respondent(s) CEB No. 2007-73 DEPT No. 2007010729 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 Deed 9-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, n COLLIER COUNTY, FLORIDA, Case: CEB 2007-73 Dept. Case No. 2007010729 Plaintiff, vs. SANCTUARY OF BLUE HERON, 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: August 23, 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: 8115 Sanctuary Drive. #1; Naples, FL 34101 SERVED: Sanctuary of Blue Heron, Respondent Inv. Carmelo Gomez, 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: 7/11/2007 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. 2007-73 vs. DEPT CASE NO. 2007010729 Sanctuary of Blue Heron Association.Respondent(s) Dawn Bricco-President 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(s)04-41 as amended the Collier County Land Development Code; Sec.(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e); Florida Building Code2004 Edition Sec. 105.1;and 106.1.2 2. Description of Violation: Installation of spa/hot tub in a common area without County permits. 3 Location/address where violation exists: 8115 Sanctuary Dr. #1;Naples,F1.34101 4. Name and address of owner/person in charge of violation location: Sanctuary of Blue Heron P g D' Association (Dawn Bricco-President) 3940 Radio Rd.#111,Naples,Fl.34101 5. Date violation first observed: January 24,2007 6. Date owner/person in charge given Notice of Violation: January 24,2007 7. Date on/by which violation to be corrected:Februaryl5,2007 8. Date of re-inspection: Apri117,2007 9. Results of Re-inspection:Violation(s)Remain(s) STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 18th day of June.2007. C meld Go Code Enforcement vestigator STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed)and subscribed before this 18h day of June,2007 by Carmelo Gomez. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public Personally known V or produced identification OSY`•�!@ , Indira Rajah ;_Commission#DD273349 REV 3-3-05 =�: ` •a Expires:Dec 07,2007 9�oFF�eP` Bonded ru ',twos Atlantic Bonding Co..Inc_ Case Number 2007010729 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION pondent DAWN BRICCO-PRESIDENT Date: 1/24/07 Investigator: J MARSH Phone: 239-659-5727 Sanctuary at Blue Heron Assoc. Zoning Dist PUD Sec 33 Twp 49 Rng 26 Mailing: 3940 RADIO RD Suite 111 Legal: Subdivision 3574 Block HDR Lot — NAPLES,FL 34101 Location: LANAI of 8115 Sanctuary dr# 1 Folio 71876000001 OR Book — Page — Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 13105.1 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 j 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. El 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 []11L1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the 1E110.02.06(B)(1)(e) Improvement of property prohibited prior to issuance building official. of building permit No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed r, •• requires a building permit under this land development code or other 3 P� �T B pFn //VTa /� !-4-,tJ� ..4- bit - 4 ,46-,e_..-1-17- applicable county regulations. PH-a.m. 4r4- -omerA ❑10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, including materials from property and restore to a permitted state. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted ❑103.11.2 Physical Safety[pools]. Where pool construction commences prior demolition of same. to occupancy certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place at the time of fmal Violation(s)must be CORRECTED BY: Febuary 15,2007 building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property.the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit prosecution. (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at Respondent's Signature Date the site. Activities prohibited prior to permit issuance shall include,but are p , 1/24/07 not limited to, excavation pile driving (excluding test piling),well drilling, l "-►., formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. ®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. !1^:.-:...,1+,,Ea.. C,......r.,D.,,,,,,,,-1....,+ !`n.,,,fnr.Ciro Pnctina Crww fns flffirial Pnctino 1:2 PV11/1 d/fl UMPLET.E t _---- r CT/ON. ® Complete items 1,2 EOMP.LETE,TH/S SECTInni item 1431.if Restricted D and 3 Also complete DI WEL!VERY ' /� ® Print your name and ellvery 13 desired, A. Sj tureh so that we address on the reverse` ® Attach •this can return the card to you. and to the back of the �� / Agent or on the front ifs maiapiece, B• Received b pace permits. ��, 1�(P� ted Name) / ❑Addressee 1. Article Addressed - i C• .. of Delive to: i D. Is delivery address different from item 1? ❑y s 1 _ If YES,enter delivery address below: ❑No DAMSON h k? JOSEPH M THOMAS A _ IoiJ File Edit 8115 S B0SCHELLI j NAPLESCTU ?Y i �/ (�77-�� ii DR. .`� CD-I , FL 34104 #1 3. Se ice Type it ;.� Case Nbr - 2 00 70 ma-rs ■ 1 10 72 g J "Registered i ❑ rem Mail prt ❑Insured eturn Receipt 2. Article red Mail ❑C.O.D. for Merchandise 7 0 6 2�6 p a n 3 4. Restricted•Deiivery)(Extra Fee) ❑Yes f� , (Transfer 0❑5 9 I,1 , PS Form 3811,Feb 7578 . t Mary 2004 Domestic R /V° Rf cir err atom Receipt r1 k r b �7 102595-02-M-1540 _ -111.C1�,'1.. t . . . . . 1;4"' - l I' tOkatJJC7e$L,:%12 m� 42 . ( 6;r all-r n I ru -, P•l pYu stl Z;:plDre I i,'L�.., Address No a s N ! Y s I 359797 _�._._._.:; ,._._ _,. - List Delal 1 Update info! {F El Detail 1 Dalai 2I 2ecuaty (ORIG USER'S DEPT. J Slates !WARNING J Al siaru ACTIVE S 7- comment 11 �' "� ton a:t I— DO NOT ISSUE A PERMIT FOR SPA INLANAI/LANAI IS PART OFASSOCIATION NOT PART OF OVRJ� � a,t J �l_ r :Al F aise' 11 BLDG 5: � �"` r.V }L .l gang. 26 . H y Owner' 41 I ,r— C�Lt 3] Fulifame DA'. ... _ I ' f' ! ► ►t t i � - Holum L7 .Loain"m i 1_•-oso t in �o< �ornrla BrtU ci f JOUSe .. . T1a Line 19115 SANCTUARY DR ill C !NAPLES Stote FL zip 341040000 Parcel Leyyepsl I , v , -.e. m. IT we 0 I i t y r, ..,{" Y -- 11111111111111n- �„ .i c , d 3mO OV3 v -n.,,,'7,H3HraL� OlA3� tl ._. -,,- ` gp SENDER:COMPLETE TH/S SECTION HIS ECTION DN;DEL'IVERY" . ' or,F F.. ?r_a• ■ Complete items 1,2,and 3.Also complete A. Signature , item 4 if Restricted Delivery is desired. / ❑Agent '0i 1 ■ Print your name and address on the reverse X o ❑Addressee ,� �,b� so that we can return the card to you. B. Rer Aed by(P�/tad Name) 0 . Date of Delivery CC �F'I' C;. ■ Attach this card to the back of the mailpiece, 2_-2---7 or on the front if space permits. ' - D. Is delivery address different from item 1? ❑Yes ° 1° J1e�� T 1. Article Addressed to 11 Ia c T 7F lus �f 31' if YES,enter delivery address below: No F;le car . .. ,.• oriEC-.,. ;LtC�-�.. it;start) 4 -�— - _ — -- - (.?1 "lV 1:34 PM SANCTUARY AT BLUE HERON, THE - .-`- DAWN BRICCO - PRESIDENT 3940 RADIO RD STE 111 I3 0- 1ceType NAPLES, FL 34101 VIL-Certified Mail ❑Express Mail Case Nbr 2007010729 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. �1 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Num 7006 2760 003 0059 7585 ���� f� c7 (transfer fm J PS Form 3811,February 2004 Domestic Return Receipt !1 2 •16. _07 102595-02-M-1540 1 Thursday, Feb 08,2007 01:34 PM /1 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2, 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 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 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required. Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp.No.2 LDC10:86 SECTION 105 PERMITS Page 1 of 7 rte, 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://ecodes.iccsafe.org/icce/gateway.dll/Florida%20CustomBuild2004 FL/3/8?fh=docum... 6/8/2007 7 106.1.2 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. 2951519 OR: 3002 PG: 2086 RICOIDID Ii OIIICIAL IICOID3 of COLLIMI COQI?T, iL 03/20/2002 It 12:44MM DHI61! I. 1110CI, CL1ii COIS 3000001.10 IR in I9.51 DOC-.70 21011.00 tern: Tit Is instrument prepared by and return to: JA1I Inn ChM JANE YEAGER CHEFFY,Attorney at Law 237S WAMI1MI 71 1 1310 2375 Tamianni Trail North,Suite 310 [Alas it 34103 Naples,Florida 34103-4439 Phone: (941)263-1130 Fax: (941)263.3827 Property Appraisers Parcel Identification Number. - SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED made and executed the 1 day of March,A.D.,2002, by NAPLES ASSOCIATES,an Ohio general partnership,(hereinafter called the"Grantor"), to LUCKY STRIKE M.K.,INC.,a Florida corporation,whose mailing address is: 1100 Pine Ridge Road,Naples,Florida 34108,( �_ , the"Grantee"): (Wherever used herein tie terms" • 1 1. and"Grantee"Inc patties to this instrument and the heirs.legal representatives ' ' of individuals,and the s 1 and assigns of corporations.) WITNESSETH: t e Grant' • d in onsiderati• of the sum of$10.00 and other valuable consideratio , f'p -• 's s 1-. ed,by these presents does grant,bargain,sell,alien,rani' , Ie: , • • o' to he Grantee,all that certain land and all improvements'tc - • C• •-F • viz: Attached Exhi i (hereinafter the"Land'). TO: 9 � .'' � SUBJECT TO: easements, iosa, . - 'ons, limitations and conditions of record common to the subdivision, applica• e zoning ordinances, building codes, and other restrictions imposed by local,state,or federal governmental authorities,any outstanding oil,gas and mineral interests of record,if any, and taxes and assessments, if any,accruing subsequent to December 31,2001,which the Grantee assumes and agrees to pay. 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 the Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land;that Grantor hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever; and that the Land is free of all encumbrances, except as provided above. OR: 3002 PG: 2087 IN WITNESS WHEREOF the Grantor has caused these presents to be executed the day and year first above written. ASTa AL1-11tf �A4�RrA QS Signed,sealed and delivered in the presence of: NAPLES ASSOCIATES, an Ohio general partnership,by its sole I - general partners .f // ignar of Witness TH•MAS R. I .771-7 ER,genera April L. Rowe partner Print Name of Witness to A _v.. ..j' `�..± B Si of tress s ' ■ • . '` S. STEINHAUER,general partner Jana = • - ♦ � ` Pri Name of With ' AtfiCCbtiti‘A. 4d. t Si tune of Witness / ' AN,general partner - Futlh _ E Print Name of Witness STATE OF FLORIDA COUNTY OF COLLIER 0 „e, I HEREBY CERTIFY that e , • officer duly authorized in the State . and County aforesaid to take acknowled • ; a ly appeared Thomas R.Merryweather, David L. Brennan and John S. Steinhauer, as the sole three general partners of NAPLES ASSOCIATES,an Ohio general partnership, who produced Ohio Driver Licenses as identification and are named in the foregoing instrument and that they acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily, and with due authority on behalf of said general partnership. ESS m hand and official seal in the State and County last aforesaid this day ,2002. . Rop P 'I" 4131 Vile*" (SEAL) t• *cc r-' • ted Name of Notary V'i• �'"' �,. �; . y Commission Number is: flt7C7iittMy Commission Expires: f+W DATA+AIsKkrr+Lely r K 1.e pbscluss Ave mid OR: 3002 PG: 2088 Exhibit A BLUE HERON DEVELOPMENT TRACT A Tract of land lying in the East half of Section 33,Township 49 South,Range 26 East,Collier County, Florida and more particularly described as follows: Beginning at the Northeast corner of Sapphire Lakes Unit 4A,a subdivision as recorded in Plat Book 28, Page 70 and 71 of the Public Records of Collier County,Florida,run S 02 degrees 04'44" E along the Easterly line of said Sapphire Lakes Unit 4A for a distance of 141.09 feet;thence run S 20 degrees 16' 41"E fora distance of 233.41 feet;thence run S 72 degrees 55' 17"E fora distance of 41.94 feet;thence run S 25 degrees 20'41"E for a distance of 224.44 feet;then run S 37 degrees 54'20"E for a distance of 165.08 feet;thence run S 49 degrees 20'51" E fora distance of 227.66 feet;thence run S 82 degrees 45' 55"E fora distance of 119.96 feet;thence run S 25 de " degrees 23 46 E for a distance of 413.20 feet to the Southeast corner of Sapphire Lakes Unit 4C,a subdivision as recorded in Plat Book 29,Page 9 and 10 of said public records;thence run S 70 • • •ng the South line of said Sapphire Lakes Unit 4C for a distance of 130.42 feet to a o to•nti • ular curve;thence leaving said South line ram 283.53 feet along the arc ey •• concave to - • • est having a radius of 60.00 feet,a central angle of 270 degrees 45' 0:,1a Nord distance of 84.2 '. ' a chord bearing of S 86 degrees 29'54"W to a point of rev curya ,then a run 5.71 feet • g arc of a curve concave to the Northwest having a radius o 25.90 feetrrcentral an g e r-13 • ' '29".a chord distance of 5.70 feet and a chord bearing of 35 1" E. gential line and the South line fi of said Sapphire Lakes Uni 4C; - ;• . on said South line for a distance of 193.88 feet to the Southw � • a t Easterly line of Sapphire P ,, Y PP Lakes Unit 2,a subdivision - •-•*1 in ,Pa• . •`X of said blic thence Pu rec •�. ` tun S 00 degrees 10'54"E a •,• 'd Easterly line for ' :' e o 3 feet;thence ram S 67 degrees 04'26"W for a distance of 255' eet;thence run SCI t ; l W fora distance of 281.88 feet; thence leaving said Easterly I'\ 44 degrees 44 27 ` . jis ce of 333.76 feet to a point on a non-tangential circular curve; • r • 5.39 feet along a curve concave to the Northeast having a radius of 63.37 fat,a cen' . : , "110 ,a chord distance of 71.02 feet and a chord bearing of S 06 degrees 22' 18" trip,, fan gential circular curve and the North line of Sapphire Lakes Unit 3C,a subdivision as rec• ,r+, in Plat Book 31,Page 9 and 10 of said public records; thence run 163.94 feet along the arc of a curve concave to the Southwest having a radius of 198.66 feet,a central angle of 47 degrees 16'55",a chord distance of 159.33 feet ands chord bearing of S 42 degrees 09' 12"E;thence run S 18 degrees 40'40"E for a distance of 98.03 feet;thence run 104.59 feet along the arc of a curve concave to the Northeast having a radius of 80.00 feet,a central angle of 74 degrees 54' 14",a chord distance of 97.30 feet and a chord bearing of S 56 degrees 09'28"E;thence run N 86 degrees 21'56"E for a distance of 85.30 feet;thence run S 03 degrees 37 24"E for a distance of 317.81 feet; thence ram S 86 degrees 22'11"W for a distance of 81.05 feet;thence nut 143.39 feet along the arc of a curve concave to the Southeast having a radius of 129.00 feet,a central angle of 63 degrees 41' 11",a chord distance of 136.12 feet and a chord bearing of S 54 degrees 28'33"W;thence run S 22 degrees 40' 00"W fora distance of 184.91 feet;thence run S 33 degrees 36'36"W fora distance of 127.22 feet; thence run S 00 degrees 25'27"E for a distance of 59.83 feet to the Southeast corner of Sapphire Lakes Unit 3B,a subdivision as recorded in Plat Book 27,Page 72 and 73 of said public records and the North right-of-way line of Radio Road(County Road No. 856); thence run N 89 degrees 25'03"E along said North right-of-way line for a distance of 599.30 feet; thence leaving said North right-of-way line run N 45 degrees 35'54"W for a distance of 25.55 feet;thence run N 00 degrees 35'54"W for a distance of 88.18 feet;thence run N 19 degrees 10'16"W for a distance of 57.83 feet;thence run N 41 degrees 40' mimmimimmimmimmiimmiiiimmimaimil'..--N Page 1 of 2 *** OR: 3002 PG: 2089 *>r* 16" W fora distance of 1 17.68 feet;thence run N 19 degrees 10' 16"W fora distance of 129.76 feet; thence run N 03 degrees 19'44" E for a distance of 38.00 feet to a point of curvature;thence run 124.36 feet along the arc of a curve concave to the Southwest having a radius of 538.00 feet,a central angle of 13 degrees 14'39",a chord distance of 124.08 feet and a chord bearing of N 03 degrees 17'35"W to a point of tangency;thence ruts N 09 degrees 54'55"W fora distance of 5514 feet to a point of curvature;thence run 113.22 feet along the arc of a curve concave to the Northeast having a radius of 486.00 feet,a central angle of 13 degrees 20'53",a chord distance of 112.97 feet and a chord bearing of N 03 degrees 14'28" W to a point of tangency; thence run N 03 degrees 25'58" E fora distance of 80.37 feet to a point of curvature;thence run 261.45 feet along the arc of a curve concave to the Southeast having a radius of 485.00 feet,a central angle of 30 degrees 53' 13",a chord distance of 258.30 feet and a chord bearing of N 18 degrees 52'35"E to a point on a non-tangential line;thence run N 33 degrees 45'32"E for a distance of 36.48 feet;thence run N 22 degrees 30'32" E fora distance of 29.23 feet;thence run N 11 degrees 15'32"E fora distance of 35.47 feet;thence run N 00 degrees 00'32"E fora distance of 24.36 feet;thence run N 89 degrees 59'54"E for a distance of 854.29 feet to the East line of the Southeast Quarter of said Section 33 and the West line of Sherwood Park,a subdivision as recorded in Nat Book 25,Pages 57 through 59 of said public records;thence run N 00 degrees 14'34"W along said East line for a distance of 1403.80 feet to the East quarter corner of said Section 33;thence rum N 00 degrees 15' 36"W along the East line of the Northeast Quarter of said Section 33 for a distance of 550.12 feet to an intersection with the South right-of-wa 1 (State Road No.93);thence run 1161.64 feet along the arc of a curve cones t ;, •r a, ius of 11297.16 feet,a central angle of OS degrees 53'29",a chord di '1.13 feet and a c , of N 89 degrees 09'04" W; thence run S 87 degrees 53'05" •' a distance of 632.49 feet . oint of Beginning. , cat ik„ c,0 Cg-c Page 2 of 2 E r e /T /3 GE e - 2 oo 7- 7,3 ..•D-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DATE 2007010729 1/23/2007 \, IMAGE DESCRIPTION 8115 SANCTUARY DR # 1- SPA/ HOT TUB / "IN" LANAI AREA -- JM.49 Collier County Printed on 4/30/2007 10:24:09 AM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-73 vs. SANCTUARY OF BLUE HERON, �; Dawn Bricco, President Respondents M. PO H U w Pq O 14 `-' FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD N n: a THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard C ) C._> 04 testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Pq Findings of Fact,Conclusions of Law,and Order of the Board,as follows: m a 1=1-4 FINDINGS OF FACT cc- 1. That Sanctuary of Blue Heron is the owner of the subject property. a o �• v x [ a A 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the = H Respondent,having been duly notified,appeared at the public hearing. rn 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8115 Sanctuary Drive,#1,Naples, Florida 34101, Folio 71876000001 may, more particularly described as(see attached legal)of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,Section 10.02.06(B)(l)(a)and o 10.02.06(B)(1)(e)and the Florida Building Code,2004 Edition, Sections 105.1 and 106.1.2 in the following a particulars: Installation of spa/hot but in a common area without Collier County Permits. ORDER OF THE BOARD • Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: s C_>MI ,;; That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, Section hq 10.02.06(B)(I)(a)and I0.02.06(B)(1)(e)and the Florida Building Code,2004 Edition, Sections 105.1 and 106.1.2 co :a be corrected in the following manner: r.14 c_, t--I ua I. By obtaining a Collier County Building or Demolition Permit,by requesting inspections and obtaining a Certificate of Completion/Occupancy within 90 days(November 21,2007). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 21, 2007,then there will be a fine of$200 per day for each day for each day that until the violation is abated. 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$275.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this al day of ,2007 at Collier County, Florida. rn CODE ENFORCEMENT BOARD r-s COLLIER COUNTY,FLORIDA Sheri Barnett,Chair r--- 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) © )SS: COUNTY OF COLLIER) — � The foregoing instrument was acknowledged before me this l day of 2007, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County, Florida, is personally known to me or V who has produced a Florida Driver's License as identification. CHRISTIN ►-U� WS1a A n �■ . MY COMMISSION# r 22,241717 , ` ' *= XPIASS:Novembe� 00ers NOTARY PUBLIC trKn p io' ncjero 3�_LiedThruN"iary My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sanctuary at Blue Heron, Dawn Bricco, President,3940 Radio Rd., Ste. 111,Naples, Florida 34101,Jana Leichter, Esq., Cole, Scott& Kissane, P.A., 1645 Palm Beach akes Blvd., W.Palm Beach, FL 33402,and to Keith Upson, Esq., P. O. Box 111282,Naples, FL 34108 this day of PiAttAts ,2007. M.Jean wson,Esq. State of WAWA IL)A Florida Bar No.750311 Aunty of COLLIER Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 I HEREBY CERTIFY THAT thus Is a true and Naples, Florida 34102 c+yrrect copy a? a document on;fi°.a3 in (239)263-8206 Board Mrnutos aryl *taro§ o Collier County WITNESS my ti�}Inu pan .ifticiai seal this 504` day Al 4W1 T E BROC CLERK ORCOURT$ 2951519 OR: 3002 PG: 2086 IICOtDID is 01fIC1AL UCOID3 of COLLItt COM , IL 03121/2002 It 12:44111 DIIG!? 1. DDOCI, CUlI COIS 3000000.00 tine t11 11.51 DOC-.10 21000.00 lets: This instrument prepared by and return to: DR UAW OEM JANE YEAGER CHEFFY,Attorney at Law 2375 ?AEIAEI ?t 1 1310 2375 Tamiami Trail North,Suite 310 1AW1,IS 11 34103 Naples,Florida 34103-4439 Phone: (941)263-1130 Fax: (941)263.3827 Property Appraisers Parcel Identification Number: - SPACE ABOVE THIS LINE FOR RECORDING DATA rn M THIS WARRANTY DEED made and executed the day of March,A.D.,2002, by NAPLES ASSOCIATES,an Ohio general partnership,(hereinafter called the"Grantor"), a to LUCKY STRIKE M.K.,INC.,a Florida corporation,whose mailing address is: 1100 Pine Ridge Road,Naples,Florida 34108,( 'dill po✓(..) the"Grantee"): N �� U �►' (Whenever used herein the terns"• . . - and"Grantee"tnc parties to this instrument and the heirs.legal representatives of individuals,and the s "1.— and assigns of corporations.) I; . 0 WITNESSETH: t Grant• • , din ons' ti of the stun of S10.00 and other valuable consideratio , 'p -_• 'p • = led ed,by these presents does grant,bargain,sell,alien,Till_�, he ,• v o' tto, he Grantee,all that certain land and all improvements nth • C. -F of% viz: Attached Exht• 0 (hereinafter the"Land"). • "o ,�� SUBJECT TO: easements, - '' _ ' ons, limitations and conditions of record common to the subdivision, applica• e zoning ordinances, building codes, and other restrictions imposed by local,state,or federal governmental authorities,any outstanding oil,gas and mineral interests of record,if any, and taxes and assessments, if any,accruing subsequent to December 31,2001,which the Grantee assumes and agrees to pay. 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 the Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; that Grantor hereby fully warrants the title to the Land and will defend the same against , the lawful claims of all persons whomsoever; and that the Land is free of all encumbrances, except as provided above. OR: 3002 PG: 2087 OR: 4276 PG: 3195 IN WITNESS WHEREOF the Grantor has caused these presents to be executed the day and year first above written. STb/41.4- tR6e.A4uLTTi.61QS signed, sealed and delivered in the presence of: NAPLES ASSOCIATES, an Ohio general lit pa,, rtnership,by its sole i - general partners /A1_ /it /I By: ii_... _ _ i igna of Witness TH•MAS R. 1 '"7c-1p ER, genera April L. Rowe partner Print Name of Witness /1 / A 4i„ Ain `L...1 B ,• _ 4f i_AL. t . !_� Si._,11" of tness s ' ■ • • 1 S. STEINHAUER,general partner Pri. Name of Witn , 'Fatifir4r..1 , Si_• ture of Witness g-.41 k . : . . 'e AN,general partner - Fuilh E--, IL, 11 i. F...., Print Name of Witness L -l'oki STATE OF FLORIDA 7' C0 COUNTY OF COLLIER (�j I HEREBY CERTIFY that ''' * ..�a • - �- • officer duly authorized in the State and County aforesaid to take acknowled r-1-,. a ly appeared Thomas R.Merryweather, David L. Brennan and John S. Steinhauer, as the sole three general partners of NAPLES ASSOCIATES,an Ohio general partnership, who produced Ohio Driver Licenses as identification and are named in the foregoing instrument and that they acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily, and with due authority on behalf of said general partnership. ESS m hand and official seal in the State and County last aforesaid this 43 day ,2002. tosso• iskste / �t_ . �. (./.1/ .� . •T . . B• 4 L (SEAL) *• ... I* CC 750422 : .nted Name of Notary '•• "'"" .•' y Commission Number is: My Commission Expires: WPOATAV CIrimp,,,� r,� K r„padre kr a P OR: 3002 PG: 2088 4 a Exhibit A . BLUE HERON DEVELOPMENT TRACT A Tract of land lying in the East half of Section 33,Township 49 South,Range 26 East,Collier County, Florida and more particularly described as follows: Beginning at the Northeast corner of Sapphire Lakes Unit 4A,a subdivision as recorded in Plat Book 28, Page 70 and 71 of the Public Records of Collier County,Florida,nut S 02 degrees 04'44" E along the Easterly line of said Sapphire Lakes Unit 4A fora distance of 141.09 feet;thence run S 20 degrees 16' 41"E fora distance of 233.41 feet;thence run S 72 degrees S5' 17"E fora distance of 41.94 feet;thence °`' run S 25 degrees 20'41"E for a distance of 224.44 feet;then run S 37 degrees 54'20"E for a distance of 165.08 feet;thence run S 49 degrees 20'51" E for a distance of 227.66 feet;thence run S 82 degrees 45' r 55"E for a distance of 119.96 feet; thence run S 2S degrees 23'46"E fora distance of 413.20 feet to the w Southeast corner of Sapphire Lakes Unit 4C,a subdivision as recorded in Plat Book 29,Page 9 and 10 of said public records;thence tun S 70 ng the South line of said Sapphire Lakes Unit r-- 4C for a distance of 130.42 feet to a • +g nti • ular curve;thence leaving said South line tun 283.53 feet along the arc .3 .. concave to i est having a radius of 60.00 feet,a k. central angle of 270 degrees 45' 0"r chord distance of 84.2' ' a chord bearing of S 86 degrees 0 29'54"W to a point of rev c twe, run 5.71 feet arc of a curve concave to the Northwest having a radius o 25 e ;r�ctntral ang 13 • 1 29",a chord distance of 5.70 feet and a chord bearing of 35 4. 1" . �•' gential line and the South line of said Sapphire Lakes Uni 4C; aiii :r • IA on said South line for a distance of 193.88 feet to the Southw ;, `: ' 't • • Easterly line of Sapphire Lakes Unit 2,a subdivision '1I •-.'in . 1 •,: : Pa. . •'k of said blic pu records;thence run S 00 degrees 10'54"E a • • • 'd Easterly line for ,+,'. • e o t 3 feet;thence run S 67 degrees 04'26"W fora distance of 2- ". eet;thence run S 1 ti ' W fora distance of 281.88 feet; thence leaving said Easterly 1' n , 44 degrees 44'27" • ce of 333.76 feet to a point on a non-tangential circular curve; , , 5.39 feet along • i • a curve concave to the Northeast having a radius of 63.37 fat,a cen• • � •• ,a chord distance of 71.02 feet and a chord bearing of S 06 degrees 22' 18" fi • i~ gential circular curve and the North line of Sapphire Lakes Unit 3C,a subdivision as rec• •r'• in Plat Book 31,Page 9 and 10 of said public records; thence run 163.94 feet along the arc of a curve concave to the Southwest having a radius of 198.66 feet,a central angle of 47 degrees 16'55",a chord distance of 159.33 feet and a chord bearing of S 42 degrees 09' 12"E;thence run S 18 degrees 40'40"E for a distance of 98.03 feet•,thence run 104.59 feet along the arc of a curve concave to the Northeast having a radius of 80.00 feet,a central angle of 74 degrees 54' 14",a chord distance of 97.30 feet and a chord bearing of S 56 degrees 09'28"E;thence run N 86 degrees 21'56"E fora distance of 85.30 feet•, thence run S 03 degrees 37 24"E fora distance of 317.81 feet; thence run S 86 degrees 22' 11"W fora distance of 81.05 feet;thence run 143.39 feet along the arc of a curve concave to the Southeast having a radius of 129.00 feet,a central angle of 63 degrees 41'11",a chord distance of 136.12 feet and a chord bearing of S 54 degrees 28'33"W;thence run S 22 degrees 40' 00"W fora distance of 184.91 feet;thence run S 33 degrees 36'36"W for a distance of 127.22 feet; thence run S 00 degrees 25'27"E for a distance of 59.83 feet to the Southeast corner of Sapphire Lakes Unit 3B,a subdivision as recorded in Plat Book 27,Page 72 and 73 of said public records and the North right-of-way line of Radio Road(County Road No. 856); thence run N 89 degrees 25'03"E along said North right-of-way line for a distance of 599.30 feet; thence leaving said North right-of-way line run N 45 degrees 35'54"W for a distance of 25.55 feet;thence run N 00 degrees 35'54"W fora distance of 88.18 feet;thence run N 19 degrees 10' 16"W fora distance of 57.83 feet;thence run N 41 degrees 40' Page 1 of 2 ** OR: 3002 PG: 2089 *>r* 16' W for a distance of 117.68 feet;thence run N 19 degrees 10' 16"W fora distance of 129.76 feet; thence run N 03 degrees 19'44" E for a distance of 38.00 feet to a point of curvature;thence run 124.36 feet along the arc of a curve concave to the Southwest having a radius of 538.00 feet,a central angle of 13 degrees 14'39",a chord distance of 124.08 feet and a chord bearing of N 03 degrees 17'35"W to a point of tangency,thence run N 09 degrees 54'55"W fora distance of 5514 feet to a point of curvature;thence run 113.22 feet along the arc of a curve concave to the Northeast having a radius of 486.00 feet,a central angle of 13 degrees 20'53",a chord distance of 112.97 feet ands chord bearing of N 03 degrees 14'28" W to a point of tangency;thence run N 03 degrees 25'58" E fora distance of 80.37 feet to a point of curvature;thence run 261.45 feet along the arc of a curve concave to the Southeast having a radius of 485.00 feet,a central angle of 30 degrees 53' 13",a chord distance of 258.30 feet and a chord bearing of N 18 degrees 52'35"E to a point on a non-tangential line;thence run N 33 degrees 45'32"E for a distance of 36.48 feet;thence run N 22 degrees 30'32" E fora distance of 29.23 feet;thence run N 11 -a` degrees 15'32" E fora distance of 35.47 feet;thence run N 00 degrees 00'32"E fora distance of 24.36 feet;thence run N 89 degrees 59'54"E for a distance of 854.29 feet to the East line of the Southeast Quarter of said Section 33 and the West line of Sherwood Park,a subdivision as recorded in Plat Book 2S,Pages 57 through S9 of said public records;thence run N 00 degrees 14'34"W along said East line 5 for a distance of 1403.80 feet to the East quarter corner of said Section 33;thence run N 00 degrees 15' cam. 36"W along the East line of the Northeast Quarter of said Section 33 fora distance of 550.12 feet to an intersection with the South right-of-wa ' , 1 4 (State Road No.93);thence run 1161.64 c--..., feet along the arc of a curve cones ;; :• ' 4 •4, •'us of 11297.16 feet,a central angle of d' OS degrees 53'29",a chord di • a 1.13 feet and a c • of N 89 degrees 09'04" W; -- thence then nut S 87 degrees 53'05" a distance of 632.49 feet • \Point of Beginning. o 4( r _y , N,.,r- O C1-11-C3\''\ Page 2 of 2 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Victor Figueroa., Respondent(s) CEB No. 2007-77 DEPT No. 2007020049 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-14 Deed 15-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-77 Dept. Case No. 2007020049 Plaintiff, vs. VICTOR FIGUEROA, 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: August 23, 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: 1207 N. 19th Terrace SERVED: Victor Figueroa, Respondent Inv. 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: 7/11/2007 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.2007-77 vs. DEPT CASE NO.2007020049 Victor Figueroa,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 Ordinance(s)Collier County Property Maintenance Code 2004-58-Section 6 Subsections 1,9,10,11,12c,12i,12k,12m,12n,12o,12p,19a,19b,19c,and 20. 2. Description of Violation: Several minimum housing violations observed at a residential single family(RSF-4)zoned property. 3. Location/address where violation exists: 1207 N 19th Terrace, Immokalee FL 34143 (Folio # 77163240002) 4. Name and address of owner/person in charge of violation location: Victor Figueroa, PO Box 55, Immokalee FL 34143 5. Date violation first observed: 2-1-07 i-� 6. Date owner/person in charge given Notice of Violation:Notice of Violation sent certified mail on 3-5-07,and delivered on 3-20-07. 7. Date on/by which violation to be corrected: 3-26-07 8. Date of re-inspection: 4-13-07 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 10th day of July, 2007 Joe ucha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 10th day of July,2007 by Joe Mucha. r '�i�GYV'" r �Al�✓- (Signature of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ✓ or produced identification Type of identification produced O<"•44.;!`4, Indira Rajah 'Commission#DD273349 REV 3-3-05 ;" :,t Expires:Dec 07,2007 Bonded Thru Atlantic Bonding Co.,Inc. 2. Case Number 2007020049 COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance ' •'• NOTICE OF VIOLATION Owner. Victor Figueroa Date: 3/5/07 Investigator Joe Mucha Phone: 239-403-2452 Zoning Dist RSF-4 Sec 32 Twp 46 Rag 29 Mailing: P.O.Box 55 Legal: Subdivision 1790 Block 6 Lot 39 Immokalee,FL 34143 Location: 1207 N 19th Ter Folio 77163240002 OR Book Page 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 notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- As ordered in the attached Property Maintenance described location. Inspection Report/Order to Correct violation requirements: Ordinance No.2004-58, Section 6 El Must comply with all Collier County property Subsection(s) maintenance and housing code requirements, and 1 ® 9® 12f❑ 12n® 16❑ continually maintain residential structures to comply with 2 0 10 ® 12g❑ 120® 17 ❑ said codes. 3 ❑ 11 ® 12h❑ 12p® 18 ❑ ❑If owner occupied, must obtain: all Collier County 4 ❑ 12a❑ 12i® 12q❑ 19a® required permits; related inspections; and final certificate 5 ❑ 12b❑ 12j ❑ 12r❑ 19b® of completion 6❑ 12c® 12k® 13 ❑ 19c® ®If not owner occupied, must contact a general 7❑ 12d❑ 121❑ 14❑ 19d❑ contractor licensed in Collier County to obtain: all Collier n County required permits; related inspections; and final 8❑ 12e:I 12m® 15 ❑ 20® certificate of completion. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). fSupplement attached Did Witness: Property maintenance and housing violations at the above ON OR BEFORE: M a to 2 G 2007 referenced address consisting of but not limited to the Failure to correct violations may result in: following: 1) Mandatory notice to appear or issuance of a citation As outlined in the attached property maintenance that may result in fines up to $500 and costs of inspection report dated February 22, 2007 prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation,as long as the violation remains,and costs of prosecution. SERVED BY: nSupplement attached ❑Personal Service Certified Mail ['Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE :Wax :Nail ENFORCEMENT INVESTIGATOR: Joe Mucha 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2452 Fax (239)403-2343 Signature and Title of Recipient Investigator signature p-e LI VIOLATION STATUS: Print Dated this 5th day of March ,2007 ®Initial Recurring ['Repeat Notice of Violation Orivinal to File Cony to Recnondent ('nnv for Site Poctinv Cony for Official Poctin• Rev 17/14/05 3 . m N Om C RI N Z7 CI N›.. 0 4 0 m ›-�1 Q Q O Z ❑ D 2 0 2 ❑ 0 Cr c•- '� ` 7 .:4- , E u., . :._. _ z g t -0 -.._ it i d ''''N ).. 1 I w c a % `7. cf) t i .71 ,• 1 7a- 2 U . . . .-: a 2 ? 2 g _. __ -5 -- P. EV i "g , w ' co : 8 $' N 1 , o, Z 6 cr co Q ❑ z . -a , a m 7 m cr 2 di .1 m mI m :- --- - - -- .- r-1 ; E O o2moE "' �"f 07s >' m ° © , +r o a� U pt D ir cry c c� Y E d' ° c/) 6 g21 o � m a o d rm LL1 -0 C t 0 U H a o nj 1 Rf N -0 i 4-. al H 4-+ (N co m E r c . Ol t? W . © L O mcn20UO 8 0 T'" V 0CrL. mcn4- £� � � O , -2 r- S T.. — �.- 0 - m tv3 ; pq C CO E E V -.5 al c, Ts I .` (N.1 E cut)i 'd E ci Q aH v W Una g o a W rn ■ ■ • r' N C1. 92!&conty COLLIER COUNTY CODE ENFORCEMENT i-� Residential Property Maintenance Inspection Report/Order to Correct Ordinance 2004-58, Section 6 Location: 1207 N 19th Ter Date: 2-22-07 Case # 2007020049 Investigator Joe Mucha y • it r C L Description , w Corrective Action Required o CZ-4 C 0 z AU 1. Sanitary Facilities: Kitchen Sink with counter workspace rn One (1) lavatory basin properly connected ® Bathroom vanity needs to be replaced. to water and wastewater One 1)tub or shower properly connected to water and wastewater — n One (1) commode properly connected to water and wastewater — n mot and Cold Water Supply Adequate hot and cold water supply to all ._ fixtures _ n L Water Heating Facilities Hot water provided to all required fixtures I-n Temperature not less than 120 degrees at _ all fixtures _ [1 . Heating Facilities Heating equipment providing a temperature of at least 68 degrees n n Heating equipment properly installed and connected f i Ti Cooking Equipment Operable stove or range - _ n Operable refrigerator n II I Properly installed and maintained in safe condition rn rn Garbage Disposal Facilities Adequate disposal facilities or storage _..container for garbage or rubbish n [7 I .t and Ventilation Meets minimum size and access requirements of the Building Code _ (1203.1-1.6) rn 5. In Description " ~ s w tion A Corrective Action Required o O w r� A U One or more windows for each habitable room 8. Bathroom Window or skylight Mechanical ventilation U 9. Electric Lights and Outlet Electric provided to dwelling unit Required outlets provided (1 per room) All lights and outlets properly installed Light switches with broken cover plates. Bathroom light that is and in good working condition not installed properly 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 No lighting available for front or rear entrance 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 1,Electrical Systems All fixtures, equipment,receptacles and Circuit breaker being maintained in unsafe condition wiring maintained and installed pursuant to the Electrical Code — 12. Exterior and Interior of Structure a. Foundation Building foundation and other structural elements maintained in safe manner and capable of supporting load n u b. Exterior Walls Free of holes, breaks, loose or rotting material — n Substantially weather tight, n = waterproof and properly coated I I Decorative features maintained in good repair Graffiti — c. Roof Maintained in a safe manner and is Roof and soffit damage _ water tight d. Means of Ingress/Egress Safe unobstructed means of ingress/egress Second means of ingress/egress nnPrfci l.dointnnonrP/nr,aP.to!`,..,-rt p., 1 n 1 Mc - (/1 r Description w Corrective Action Required n es o AV e. Attic Access to attic within the dwelling 1-1 unit f. Stairs Maintained in a safe manner — n g. Protective Guard Railings Protective railing in place Maintained in good condition n h. Handrails Handrails in place _ n i. Windows and Doors Lockable, weather-tight,maintained Broken windows need to be repaired/replaced. Front and rear Fi entrance doors need to be replaced. in good repair j. Window Sash Properly fitted and weather-tight — n k. Hardware Doors with proper hardware and maintained in good condition n 1. Screens Are screens in place(not required with central A/C and heating) — n m. Protective Treatment All exterior surfaces protected by Exterior walls need to be painted painting or other protective coverings n EJ n. Accessory Structure Accessory structures maintained and ® Chicken coop that is in deteriorated condition in good repair _ o. Interior Doors Properly fitted within frames n Interior doors that are damaged p. Interior Floor,Walls, and Ceiling —Floors and walls in good repair — Damaged interior walls throughout unit. Ceiling damage and mold on ceiling in bathroom. Interior needs to be painted. q. Structural Support Structural supports maintained in good repair and capable carrying n loads as designed Fl r. Gutters and Downspouts Gutters and downspouts maintained in good repair n n 13. Occupancy Standards,Dwellings PrnnPmi/1/4AointP.,..,.Ainr.iAr t„!`nrrPrt u WI i m: ..v c 7 - C3 2 Description Corrective Action Required o O °+ i GI 0 Number of persons in dwelling More than 4 unrelated persons Ti Square footage of dwelling sq ft Exceeds 250 SQ ft for l st person, and 200 n sq ft for additional inhabitant ratio I I n 14. Minimum Ceiling Height Meets requirements of Building Code at the time of construction (7 ft current) _ n Minimum ceiling height ft 15. Pool Maintenance Pool in place _ C Pool properly maintained so as not to n create a health or safety hazard I I 16. Occupancy of Space Below Flood Elevation Habitable space below flood elevation _ n 12, Residential Parking Facilities Parking area made of improved surface and in good repair — Ti 18. Boat Houses Is there a boathouse Ti Ti Maintained in good repair and surfaces protected from the elements — Ti 19. Sanitation Requirements All areas kept in clean and sanitary Litter all over property. Mold on shower walls and ceiling. condition Nuisance or fire hazard I I I01 Circuit breaker All structures regularly maintained and I—1 V�1 Roach infestation free of infestation Plumbing fixtures maintained in clean and sanitary condition Ti Ti 20. Smoke Detectors Smoke detector in place to meet Building and Fire Code requirements n M 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 r,..TA..r u.., 1/1 1 Inc A„c c � o Description w Corrective Action Required o A 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 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 Overall Comments: The living conditions inside this residence are very poor. Prnnf.rtv Maintrnanrr./(lr`ipr to Cnrrrrt P.v ')/1 1/fl G of S t,7" 2346678 - I ''N N 1 2004 ORDINANCE NO.200458 1015 c 4 ORDINANCE ESTABLISHING A PROPERTY V MAINTENANCE CODE FOR THE UNINCORPORATED AREA .£ZZZLZ�Z61� OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING n� FOR NUISANCES; PROVIDING STANDARDS FOR SECURING r-r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r?' N REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ?_ "1 THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING N-; N FOR A NOTICE OF HEARING FOR REVOCATION OF •L. BOARDING RENEWAL CERTIFICATE; REPEALING r �T v COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oc, /'•••• 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE n°m — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 • 49. WEATHERTIGHT — able to exclude wind and rain under typical local weather conditions. 50. YARD — an open, unoccupied space on the same lot with a building, structure or dwelling. 51. ZONING ORDINANCE—the Comprehensive Zoning Ordinance(or Land Development Code)for unincorporated Collier County,as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code,unless otherwise stated in this ordinance,the following rules of construction shall apply: 1. The word"shall"is always mandatory and not discretionary and the word"may"is permissive. 2. Words used in the present tense shall include the plural future;and words used in the singular shall include the plural and the plural singular,unless the context clearly indicates the contrary;use of the masculine gender shall include the feminine gender. 3. The word"includes"shall not limit a term to the specific example but is intended to • extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words"structure","building","dwelling unit",or"premises"are used in this Ordinance,they shall be construed as though they were followed by the words"or any parts thereof'. SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS All dwelling units whether occupied or unoccupied,shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED—Every dwelling unit shall contain not less than one(1)kitchen sink with counter work space,one(1)lavatory basin,one(1)tub or shower,and one(I) commode,all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public 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 1/ heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT—every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building,Gas,and Electrical Codes,and shall be operable and maintained in a safe,working condition. 6. GARBAGE DISPOSAL FACILITIES—Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION—Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM—Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS—Every dwelling unit shall be wired for electric lights and convenience outlets,all in good working condition. Every room shall contain at least one wall- type electrical convenience outlet as specified in the provisions of the Electrical Code,in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS-Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS—All fixtures,convenience receptacles,equipment and wiring of a dwelling unit found in violation shall be installed,maintained,and connected to a source of electrical power in accordance with the provisions of the Electrical Code,in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS—all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION—The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS—The exterior walls shall he maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof,and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as:cornices,belt courses,corbels,trim,wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS—Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS—Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. 8 �d e. ATTIC ACCESS—Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS,PORCHES,AND APPURTENANCES—Every inside and outside stairway,stair,porch,and any appurtenance thereto,shall be maintained in a safe condition, • capable of supporting a load that normal use may place thereon,and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS—Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS—Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS—Every window,exterior door,shall be properly fitted within its frame,provided with lockable hardware,and shall be weather-tight and weatherproof,and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such,unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening,blocking the opening with concrete blocks and stuccoing the exterior,utilization of an authorized building material and finishing the exterior with like material of the original exterior surface,or boarding the opening. When boarding is used,it shall be trim fit,sealed to prevent water intrusion,and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 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, W.4LLS AND CEILING—Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall he 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 /v 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'or•other 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 7777.-S sue; Pf G .(ve� l...t+• }t,k A , , .f�Y + , 'i4-�•t , 4�'ivgs Y y ' '1 r,,,,,i0,,..,...: �, � y,y A,. 's,< 3}i � "�`' , ' 'DE- .�,' ��it'cl�i.� � ,� 1 '• - '4.7.11- L . -.°•.• ' f 4,-v,:i' o,. -l., : . 6^i •b ~orw !`stEtA 465-2 ^1 r`1, �, , •°.:1:,F• 1e -G:. r{ ,t.c-1,• �,�•}� " �1l�� AO.bg"yl `,`'�. 'r,•a. ,.1;4111156. .'F..;ti�b4;,•; � �' , ' t, df•Q p 0 f !AL AEC0 0 QO % :`;.:rUNIT*D STATfESM A-itR RT!ffitiT'Ot AGRICULTURb COLLitii C011ti Y,fLORlaA ' 'r `.•• s, :. •,r' >...,.+••" 'l• FAR2ffiRS.HC1d<:ADMIIsTI3TRATIQN �'f rfQ ' 971-44:-, • 1 �. \� �'ft• ▪ 7th 1/. 4t,. :..;.:,. V. •k.142;oot: '•/t 'Y �' NARBA$TY Y EQ o ysh�ld7G ,�. : .•.,..�,, 5▪ `- rr eL, '< k ra.fsr. Cats 14F' AR Of CIRCtHI`COURT f , i9(, � � LUEItCOIt tY.ti i immuTURB. made this ;' �d o ''''? • ' ' between i..r.'� • ...fit��% i, �_= /.�, t, _� Olrrtf v . of _ County, State of �y6tA. , part ' " of the first part, and ! '' :. _..:,. •• ._di.1:. t- of Cauaty°r$Cate .o! t ; part �.� yen.,. . �.4o W,.: .■•yti, .:. es is p. (3. Ht�x r k� -[.td of the second par't;'w�+►hoad '.addr �c'; 0.1n 55 Imma b L. A: u 7777, 5'; - :-.; or a 33934 ,;�,'�r•,: . •s .r•ii-.'. , '•r. WITNISSETHs That the said"part-' ofithe t t part, far and in consideration of the a= of One Doiler:,( 1.00)7 to in hand paid by the said part .Lldr• of the second' part, and for other good,and vatuab:.r. . considerations, the receipt whereof is hereby aeknovlsd d,.ha granted, . 'bargained, sold and con:ayed and. by.,theta'presents to ='granti'bars ains ,sell an• c•neey unto.,the said part<.reted-. of• .the.second p'art'ii:�� , e<,, • ' ... ' "!'' 'the fgllowin$ descriti landljying an being in tha.Co / ty;oft •: 0� "� • State of •" �Z „�... • «' to wits* �.: `:�,,.:'''a, •.'� 2 S,a t :1 - . nrry r 7'' ^rt•.•.• _F*,4,... `'^ 1 � I�+� .' - ' / .4 6'r rr11�/J_7/T/�(JG�• w'r• f ' . ''/Z-1411/.--e-IN...- ie.eg-re-/Pir' '-'" 1 .- ;41,0 • • i'"". ..'.qc7.4,t . pivia-ew..,. ietaxte jk.i.„..!.,-;., .......t.., ,, ,, ......,-44.:.t... ... .,.. .,74_14.0ea.. I . • . •.}yc: ,, 'r�•.-. .,,. 9Yy - ,. ' ijsab4L • The above-described,land:,is.subject:to the 1oilowi 1-described ,, mortis/4,00S. , (i1 7744 - -54 ),, r,kh4'40:. + 'I n.' F .T'.m.; :'. ' K' :� wz;r ,s, ;4..r exeeut d b That car a •rt ag tor'thi .0 ted -tate of by •*::('E' / ,�, '"` �-.....4... ;'dated ,, /7 r .t - :mot 7 • .......r,. .. i.1 J • .�.. —.7 7 N _'M''•. 19. , and recorded in 17: • Is-'1;,.... ' ', at page4 • 1 ' if he bliC.Records of ``' 4 !F County,:. --i. $to of T .+ ! ; C: i;;. :, S ..R'i a tt .'",;,"-Is' - .4 ''S:i 4`tC j l: y ` rR ;�Sr ,•:,t •w►.. Ott.' ra ! K�'� r•'•`M 7777,, 'y, 5'. •nd thi said pax '� 'of;t ö.:second part,,b separate,agreement sne*vted to a .pert 1,' "�, as;af•�,tihi.date r:hereof,!uSint(s);�liabilit` fo�'� agrea(s)�. p • ▪ of•ths'�eonsideration of:'this+eo eyinae all•, i' certain,a•eeif ' >_ 1'artion ,rV ',of the indebtsness saoured;by said'inertga's(a) r ti '.. � "x..'ki'Y ` • ; .•.'''')"..•«+, •41 ' r+4 y trr, , , m � -..'•-•-▪ �, k r- 1 t .� ''4','1','',7 t i , + ' •:�.... .:.-e iy. ..rtMM ;.P . .a r: Y . d $ +uv�. 7 c ' 4A £ C o i. 4, .-*'4.1 d=a , ' °:ir ":if . • iy r�M1l '' -. s. .7.. . .i,tl e'sK,...,- el' «_,..;,yy4.r. ..• `;=.,:1ei,;:Tr . . f. •,,`• /V . . '',.::,..,•:..14' - " ' • t•• • ■ s , . .-l'ilce`,.. . -.,- 71-2. : . j` . -,, .1.; • -..c... • .. •;, '. - -. . •. ..g. .... - .. : ;-,,,i-., . . ., , ,- •-, .. 1. • ...;.; . ..,.',r. ' •=i;.*:• -.4:;,,,,•.i•••'''''••' • s"• -4.4„•• .: ,ks• ' ... :. • •,.'..,' . 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' lb& 6, ..-*If.... ay"`-i-NA*.- A ' • . oi,,...,..,.• ..'-: .i.,soi;..-g-t..,1.-''''..4,-,T - itt."-:,-; elitit , ..•4,t41,0.4 `e, ,• .,' ,' • ' ' •,.„' ' : 'At.„V,:tt 4....,:',:.,•k:.-' • 0 • ' '4-9 ..,..,;,..4-4, V . . , , .. -.• ' '44.."';',"-• •."' •'4J''': ''' It • *.' 1•'•fAv Coon* ni:IaMrat • - . ,. -,- - •”-7!•.-••- :•,,,•.„"- ..s, • . , 7,-'-''A. • : e geoids&ion expLres2.••••• •• •- wdi 4m- Am-al:, -. ,....' , ,,. ...7;.,., • ' - ofi.on:-• ,-., , --1.,1„a tint. •,, Zi ,h,.,,,h;,....4., .,.kyl.. I, :, ' • ,,,,, t 1:' 'A..47.. ''-Zi.'r.!•::i_;T.,:..., . .„-E:•;', , •0.,';•:,•' :,,,', -•', '•' ' ' - %•• ''',.,;'..*4)•-c:L,'-=•''••'''.1,',. ••-*; .., ' '' . _-..-Mal 2* ' • '''%A•..:•• '' • 6:.r' •:,,•! ••,;1:..1- : ) ,•, •• •:•.,.• • •• .,,,L ..*-,;,..L•41t12%;:e--:'.?.'•" • . --) •44 V ''• '• , ' ,. ''..• 4'. '/p,.,,,;,' :.••.. ' y.' , ,' •-.,,,, , , '1 , ,,,,A.., ..It 4 +,*-4,, • s ' "Ai. ' •:4ti•.•-t.ii71-4 4,4 w. . ••,:,‘ .g,L• if.r:" ..-,' ,.' • • '., •:,--•,,,7,.,.;,,,.t...'-' - . • : ,. , . - u.irlIz, •„.......„, , ,•• ;'.' ••''•',.ft'lt•,• ` • ' *'••'•4•••'”: •P"" •"'''.'•••.' ,"'"',.. .,,,L.-•,—:,a,.c...,.„;' ,• ,•='4-i.4; ;Iltii'i A • •-- 1"---•• •:.rirrl'Irs"4 0;t7etkrtIA ,',r1 "-,177i4-• ••••"' , • /6 bUh\hCU UI- UUUN I Y UUMMISSIUNEKS Collier County, Florida Petitioner, Vs. CEB NO. 2007-77 DEPT NO. 2007020049 Victor Figueroa Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Tomasa Figueroa, as representative for the Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007020049 dated the 5th day of March, 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 8-23-07; 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 Collier County Property Maintenance ordinance 2004-58 Section 6 Subsections 1, 9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 and are described as multiple minimum housing violations at this residential single family (RSF-4) zoned property located at 1207 N 19th Terrace in Immokalee. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$354.74 incurred in the prosecution of this case. 2) Abate all violations by: (A) Obtain a Collier County boarding certificate and and secure structure in accordance with boarding requirements by September 4th, 2007 or a fine of$50 a day. (B) Contacting a general contractor licensed in Collier County to obtain all required permits; related inspections; and final certificates of completion for all repairs that require a permit by December 26th 2007. All other non-permitted repairs must be completed by December 26th, 2007. If all repairs are not completed by December 26th, 2007, a fine of $200 a day will be imposed until all violations are abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent • Mic elle Arnold, Director Code Enforcement Department 0 a 3 - 0 -7- - -03 Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-77 vs. d VICTOR FIGUEROA(deceased), TOMASA FIGUEROA, Respondent I Ma MI N Cka [� O a U FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD 430 > Cr% THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its C7 • ;� Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT • O .�., cu ,�; I I. That Victor Figueroa is deceased and Tomasa Figueroa, his Wife, is the owner of the subject property. O E - 1,4 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the O Respondent, Tomasa Figueroa,having been duly notified,appeared at the public hearing and entered into a C--•-•11 °; Stipulation. Crl O rn 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. may°. - 4. That the real property located at 1207 N. 19th Terrace, lmmokalee, Florida 34143, Folio 77163240002 p more particularly described as Lot 39,Block 6,Trafford Pine Estates, Section One,according to the Plat thereof,of record in Plat Book 10, Page 99,of the Public Records of Collier County, Florida is in violation of Collier County • ° Ordinance 2004-58, The Property Maintenance Code, Section 6, Subsections 1,9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 in the following particulars: Several minimum housing violations observed at a residential single family(RSF-4)zoned property. '• 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: O l aG PQG' fy q Qi -S That the violations of Collier County Ordinance 2004-58,The Property Maintenance Code, Section 6, c�G C_? Subsections 1,9, 10, 11, 12c, Ili, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c,and 20 be corrected in the following manner: 1. By obtaining a Collier County boarding certificate and by securing structures in accordance with boarding requirements by September 4,2007. 2. By contacting a general contractor licensed in Collier County to obtain all required permits,related inspections,and final Certificate of Completion for all repairs that require a permit by December 26,2007. All other non-permitted repairs must be completed by December 26,2007. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 4, 2007,then there will be a fine of$50 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by December 26, 2007,then there will be a fine of$200 per day for each day the violation remains. 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 `-r the amount of$354.74. Csa `' ) Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of C 7 the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate cz. review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this a1 day of d ,2007 at Collier County, tea. Florida. CODE ENFORCEMENT BOARD COLLIERRCCOUNTY, FLORIDA CD BY: ...4L Oa 4t Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisol l day of ♦ , 2007.by Sheri Barnett,Chair of the Cock Enforcement Board of Collier County, Florida,!■ b is personally known to me or V who has produced a Florida Driver's License a i en n. AR PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Tomasa Figueroa, 821 Commanchee St., LaBelle, FL 33935 and 1207 N. 19th Terrace, Immokalee, Florida 34143 this'Z2 day of PtuySj ,2007. state of FLORIDA 741?—t1-1,1 4:ounty of COWER M.Jea son, Esq. Florida Bar No. 750311 HEREBY CERTIFY THAT this Is a true and Attorney for the Code Enforcement Board correct copy of a aoeument.ontfile in 400 Fifth Avenue S., Ste.300 Board Minu i...and,,Re pros of Collier County Naples, Florida 34102 yyrrnlESS rtiY.h° 4 SCrci. ifficia1 seal this 1-4ci't day-:of DWIGHT E -SROC*, CLERK OF COURTS s. A1214L147:47--7(e--, bU/■NU UI- t,UUN I Y UUMMISSIONERS Collier County, Florida *** OR: 4276 PG; 3200 *** Petitioner, Vs. CEB NO. 2007-77 DEPT NO. 2007020049 Victor Figueroa Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Tomasa Figueroa, as representative for the Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007020049 dated the 5th day of March, 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 8-23-07; 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 Collier County Property Maintenance ordinance 2004-58 Section 6 Subsections 1, 9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 and are described as multiple minimum housing violations at this residential single family (RSF-4) zoned property located at 1207 N 19th Terrace in Immokalee. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$354.74 incurred in the prosecution of this case. 2) Abate all violations by: (A) Obtain a Collier County boarding certificate and and secure structure in accordance with boarding requirements by September 4th, 2007 or a fine of$50 a day. (B) Contacting a general contractor licensed in Collier County to obtain all required permits; related inspections; and final certificates of completion for all repairs that require a permit by December 26th 2007. All other non-permitted repairs must be completed by December 26th, 2007. If all repairs are not completed by December 26th, 2007, a fine of $200 a day will be imposed until all violations are abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. lic--J? Respondent Mic elle Arnold, Director Code Enforcement Department Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo and Miradas Miralles., Respondent(s) CEB No. 2007-79 DEPT No. 2007040176 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-16 Deed 17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-79 Dept. Case No. 2007040176 Plaintiff, vs. ALFREDO AND MIRADAS MIRALLES, 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: August 23, 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: 105 1St Street, Immokalee, FL 34142 SERVED: Alfredo and Mirada Miralles, Respondent Inv. 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 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.2007-79 vs. DEPT CASE NO.2007040176 ALFREDO&MIRADAS MIRALLES Respondent(s) 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(s)04-41,The Land Development Code,sections, 10.02.06 [B][2][a], 10.02.06 [B][2][d][ix],5.06.06[BH] ,2004-58,The Property Maintance Code,section, 16[1][n][3],Ordinance 81-42,The Occupational License,section,!. 2. Description of Violation:Erection of signs without County permits,a sign structure in a poor atate of repair and tenants conducting business without occupational licenses. 3. Location/address where violation exists:105 1st Street, Immokalee, Fl 34142. [Folio 25580400008] 4. Name and address of owner/person in charge of violation location. Alfredo and Miradas Miralles, 1703 Immokalee Dr,Immokalee,Fl,34142 5. Date violation first observed:February 25th,2007 6. Date owner/person in charge given Notice of Violation:April 18th,2007 7. Date on/by which violation to be corrected:May 22nd,2007 8. Date of re-inspection: May 29th,2007 9. Results of Re-inspection:All 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 a0 Day of jj ,2007 Kitchell Snow Code Enforcement Investigator STATE OF FLORIDA NOTARY PUBLIC-STATE OF FLORIDA COUNTY OF COLLIER a , . Kimberly Brandes '� =Commission#DD467410 Sworn to(or affirmed and subscribed before this day of 1:7/,2007 by Expires: AUG. 31, 2009 2- (Signature , Bonded That Atl?ntic Bonding Co.,Inc. of Notar iblic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known if or produced identification Type of identification produced REV 3-3-05 2. Case Number 2007040176 COLLIER COUNTY CODE ENFORCEMENT D— NOTICE OF VIOLATION bier: ALFREDO&MIRADIS MIRALLES Date: 4/6/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 [PROPERTY OWNER] [BUSINESS] Zoning C-4 Sec 04 Twp 47 Rng 29 Dist Mailing: 1703 IMMOKALEE DR Legal: 3860 Block Lot IMMOKALEE,FL 34142-3430 subdivision Location: 1sT Folio 25580400008 OR 926 Page 1689 105 1 ST, IMMOKALEE 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. [1,] REMOVE PENNANT STREAMERS FROM PROPERTY [2,3,4] OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR Ord No. 04-041,as amended Section 10.02.06[B][2][a] DESCRIBED SIGN(s)IF ATTAINABLE,OR REMOVE. Ord No. 04-041,as amended Section 10.02.06[B][2][d] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY [ix] MUST BE OBTAINED WITHIN 60 DAYS AFTER ISSUANCE OF j31Qrd No. 2004-58,as amended Section 16[1][n][3] AFTER THE FACT PERMITS. d No. 04-041 ,as amended Section 5.0 06[NH] CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN .rd No. as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND ❑Ord No. ,as amended Section DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). T[Supplemental attached Did Witness: ON OR BEFORE: MAY 22ND 2007 ON 4/3/07[1]4-STRANDS OF PENNANT STREAMERS HANGING ON PROPERTY, [2] 1- LA SIERRA SIGN ERRECTED WITH OUT PERMITS, [3] 1-FREESTANDING SIGN STRUCTURE WITH NO COPY AND IN DISREPAIR. [4] 4 - SMALL FOOD SIGNS ,TACO, TORTAS, Failure to correct violations may result in: DISPLAYED WITHOUT PERMITS 1) Mandatory notice to appear in court or issuance of a citation that THIS THIS IS CONTRARY TO THE COLLIER COUNTY LAND may result in fines up to$500 and costs of prosecution. OR DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE WITH CURRENT CODE. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and jlSupplemental attached costs of prosecution. SERVED BY: ['Personal Service Xertified Mail ['Posting of Property ❑Fax ['Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34 Signature and Title of Recipient (239) 403-2493 - s9)403-2324 Investigator signature 0`- Print �� J .----.., Dated this 18TH day of APRIL DLATION STATUS: 2007 Initial ['Recurring ❑Repeat Notice of Violation Original to File Corn/to Recnnndent C'nnv fnr Site Pnctine ('nnv fnr Official Pnctine Rev 4/04 21 Case Number 2007040176 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ' "r: ALFREDO&MIRADAS MIRALLES Date: 4/4/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 [PROPERTY OWNER] LA SIERRA RESTAURANT [BUSINESS] Zoning C-4 Sec 04 Twp 47 Rng 29 Dist Mailing: 1703 IMMOKALEE DR Legal: 100 Block Lot IMMOKALEE FL 34142 subdivision 105 1ST STREET IMMOKSLEE FL 34142 Location: Folio 25580400008 OR 926 Page 1689 105 1ST STREET IMMOKALEE 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 AND POST A VALID COLLIER COUNTY OCCUPATIONAL LICENSE IMMEDIATELY, OR CEASE AND DESIST ALL BUSINESS El Ord No. 81-42 ,as amended Section 1. ACTIVITY AT THIS LOCATION. DOrd No. ,as amended Section riSupplemental attached L No. ,as amended Section ❑Ord No. ,as amended Section DOrd No. ,as amended Section DOrd No. as amended Section ON OR BEFORE: MAY 22TH 2007 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: Did Witness: 1) Mandatory notice to appear in court or issuance of a citation that ON 4/6/07 DID WITNESS THAT THE OCCUPANT(s) ARE may result in fines up to$500 and costs of prosecution. OR CONDUCTING BUSINESS WITHOUT HAVING OBTAINED AND 2) Code Enforcement Board review that may result in fines up to POSTING A VALID COLLIER COUNTY OCCUPATIONAL LICENSE. $1000 per day per violation, as long as the violation remains, and THIS IS CONTRARY TO THE COLLIER COUNTY ORDINANCES(S) costs of prosecution. AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: j-1Supplemental attached ['Personal Service rtifed Mail ['Posting of Property ❑Fax [Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: Print 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2493 Fa (239)403-2324 Dated this 18TH APRIL 2007 . day of Investigator signature ''LATION STATUS: El Initial ❑Recurring ❑Repeat Notice of Violation Original to File Cony to Recnnncient C'nnv for Site Pnctinv Cony for Official Pnctinv Rev 4/1)4 Case Number 20070401/b COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ".--.\11-: ALFREDO&MIRADAS MIRALLES Date: 4/4/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 [PROPERTY OWNER] AM INCOME TAX SERVICE [BUSINESS] Zoning C-4 Sec 04 Twp 47 Rng 29 Dist Mailing: 1703 IMMOKALEE DR Legal: 100 Block Lot IMMOKALEE FL 34142 Subdivision 105 1ST STREET IMMOKSLEE FL 34142 Location: Folio 25580400008 OR 926 Page 1689 105 1ST STREET IMMOKALEE 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 AND POST A VALID COLLIER COUNTY OCCUPATIONAL LICENSE IMMEDIATELY, OR CEASE AND DESIST ALL BUSINESS Ord No. 81-42 ,as amended Section 1. ACTIVITY AT THIS LOCATION. DOrd No. ,as amended Section flSupplemental attached .i No. ,as amended Section DOrd No. ,as amended Section DOrd No. ,as amended Section DOrd No. ,as amended Section ON OR BEFORE: MAY 222H 2007 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: Did Witness: 1) Mandatory notice to appear in court or issuance of a citation that ON 4/6/07 DID WITNESS THAT THE OCCUPANT(s) ARE may result in fines up to$500 and costs of prosecution. OR CONDUCTING BUSINESS WITHOUT HAVING OBTAINED AND 2) Code Enforcement Board review that may result in fines up to POSTING A VALID COLLIER COUNTY OCCUPATIONAL LICENSE. $1000 per day per violation, as long as the violation remains, and THIS IS CONTRARY TO THE COLLIER COUNTY ORDINANCES(S) costs of prosecution. AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: f 1Suoplemental attached [Personal Service Certified Mail ❑Posting of Property ❑Fax �/� ❑Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: Print 2800 No. Horseshoe Dr.Naples,FL 34104 (239) 403-2493 x:(239) 234 Dated this 18 APRIL 2007 /} day of Investigator signature ----4‘7LATION STATUS: ®Initial ❑Recurring ['Repeat Nntire of Vinlatinn Oriuinal to File Cnnv to Reannndent rnnv fnr Site Pnctine ronv fnr Official Pnctine Rev 4/04 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. Building o Land Alteration Permits. x1 ' Building or land alteration permit and certificate of occupancy compliance Fr' 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 7. the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. �., e. Improvement of properly prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the �—. zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning - districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of ^ - land or buildings. n (Zil Building Permit applications for signs. t` lace, rebuild, reconstruct, General. Any person wishing to erect, p relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee_of the sign_and (b) sign contractor or erector of the sign,.. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to 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. iiz;'k Y 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 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. • /1 e ‘2.34E8>gp'o� Egg 1 O' ` , ORDINANCE NO.2004-5 8 1 or ate, � ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA Ise' iRizab. 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 A±ESSED TO THE OWNER WHEN ABATEMENTCUTED 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 L ; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING -. FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING 217.:-.7 r„ "T1 REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY =-; ^1 THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING t el m FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING .,,C' rn COLLIER COUNTY ORDINANCES 76-70, 99-06, 96-76 AND 99- ro r,, N 58;PROVIDING FOR PENALTIES;PROVIDING FOR LIBERAL g5.4 ry CONSTRUCTION; PROVIDING FOR INCLUSION IN THE am — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County,and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS,experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can 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 t "7 7., zsef 1 2. If the owner believes that the expense certified by the Housing Official for correcting the �--4, 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. for 3. The Property Appraiser shall keep complete records relating to the amount payable 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 Mar may order the building to be vacated- R. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN:RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS �� All owners of nonresidential structures,vacant buildings.vacant structures and vacant or unimproved lots shall comply with the following requirements: I'''.5^'''' '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 '3c i 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 vestment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both.. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on racent properties. m. Landscaping maintenance. Wh re landscaping plans have been specifically incorporated and approved in a development plan,thf\andscape areas shall be maintained in a manner equal to the original landscaping approval. Aft,$; Accessory structures. Garages,storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where tine 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 regula'ons. j`'All advertising structures,awnings and accompanying supporting members shall be " maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement 2. Structures and Unimproved Lots a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 • 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¶workrnanhke fashion. i. Every owner of a building,strictrire 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 strict re 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 parting 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 /S. # A i * ) 0 N.) ,. NJ „ CP ..... .....„ . N.) CD 4 -s. ry co ?s .., .. -"1•''.,I. :;.'''',.':'..!'41- .41 lit ' ;-.,•.,-,,.. ..- , ,-o .0„,..,- .4 ,,, irl .:-• - e. .-.., - ,'..,, • ./ .'''. l. i C t. ..14 . ... 1:,..,*„ .. . ' ,4 kA::'" it.. 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CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-79 vs. P ALFREDO AND MIRADIS MIRALLES, M Respondents Pq ,• PQ H ✓ f1, 04 ° FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Pti .—a THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard Cssil testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its M ° a Findings of Fact,Conclusions of Law,and Order of the Board,as follows: "4 P4 Pq • " FINDINGS OF FACT [s.. 'r, x I I. That Alfredo and Miradis Miralles are the owners of the subject property. Pq czre Pd 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the 04 CD a a Respondent, having been duly notified,did not appear at the public hearing. O Z c� a 3. That the Respondents were notified of the date of hearing by regular mail and by posting. 4. That the real property located at 105 1st Street, Immokalee, Florida 34142, Folio 25580400008 more " `° particularly described as Lots 14 and 15, Block 1,Carson's Subdivision,according to the map or plat thereof ct+ a recorded in Plat Book 2,at Page 40,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Sections 10.02.06(B)(2)(a)and I0.02.06(B)(2)(d)(ix)in the following particulars: 0 0 a Erection of signs without Collier County Building Permits;a sign structure in a poor state of repair and tenants conducting business without Collier County Occupational License. ° ° ORDER OF THE BOARD .q• 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: _: Pq t-1 o '.' ° That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,, M. .44 P ° 4 10.02.06(B)(2)(a)and ( )OO( ) g Sections 10.02.06 B 2 d ix be corrected in the following manner: +J Pq E E N 7 2, >4 04 C,) H Pq I. By obtaining permits for the sign structure or by removing the sign within 14 days(September 6, 2007). 2. By painting the façade in a workman-like fashion as to remove any shadowing created by the removal of the sign within 14 days(September 6,2007). 3. By monitoring and ensuring that any future tenants have proper occupation licenses. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 6, 2007,then there will be a fine of$150 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 September 6, 2007,then there will be a fine of$100 per day for each day the violation remains. 6. 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. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in -)` the amount of$335.67within 30 days. -,c p Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of c■a the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate cv", review of the record created within. Filing an Appeal shall not stay the Board's Order. Ate-. DONE AND ORDERED this al day of ,2007 at Collier County, Florida. IL----- CODE ENFORCEMENT BOARD N COLLIER COUNTY, FLORIDA Cr' O BY: . Sheri Barnett,Chair -,c 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thiKI day ip of • , 2007,by Sheri Barnett,Chair of the Cofle Enforcement Board of Collier County, Florida, is personally known to me or V who has produced a Florida Driver's License as identi i Son. . l; ; CHRISTINA LURS#ANOWSKI C....bs:d .)....1.... i',4.',a, ;,__ MY COMMISSION#DD 241717 NOTARY PUBLIC H, ,..a EXPIRES:Nov Pmbtr �N My commission expires: f APdt Lond�d Thru Notary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Alfredo and Miradis Miralles, 1703 Immokalee Drive, Immokalee, FL 34112 this 2.644` day of uS-f- ,2007. State 07 FLORIDA 2ounty of COLLIER / 1( -- c ti r C-("c---u..1�.c,,-._.—.- M.Jean awson,Esq. I HERE3Y CERTIFY THAT this Is a tiue and Florida Bar No. 750311 correct copy of agoCUrf'ft oft the 111 Attorney for the Code Enforcement Board Board M:now,^3Aerilt 'c—or $ pf Collies. t oOftl 400 Fifth Avenue S., Ste. 300 WIT' ESS trey ' fall ; • loiets,seal ttIIB Naples,Florida 34102 day g f .1 e.,; s . _ (239)263-8206 �iT E.f ROCK C,L tit U f !`.. , t►� .. � � SP I - pr y -s-�-- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Eduardo and Maria L. Rodriguez., Respondent(s) CEB No. 2007-80 DEPT No. 2007050893 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 2007-80 Dept. Case No. 2007050893 Plaintiff, vs. EDUARDO AND MARIA L. RODRIGUEZ, 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: August 23, 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: 3600 Poplar Way, Naples FL 34112 SERVED: Eduardo and Maria L. Rodriguez, Respondent Inv. Thomas Keegan, 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 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.2007-80 vs. DEPT CASE NO.2007050893 Eduardo Rodriguez Maria L.Rodriguez,Respondent(s) STATEMENT OF VIOLATION AND REOUEST 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)04-41 of the Collier County Land Development Code,as amended, Sections: 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) 2. Description of Violation:Unpermitted shed and carport effected on residential zoned property without first obtaining all necessary Collier County Building Permits. 3. Location/address where violation exists: 3600 poplar Way Naples,FL 34112 4. Name and address of owner/person in charge of violation location: Eduardo and Maria L. Rodriguez / 3600 Poplar Way Naples,FL 34112 5. Date violation first observed:May 25th,2007 6. Date owner/person in charge given Notice of Violation:June 7th,2007 7. Date on/by which violation to be corrected:July 5th,2007 8. Date of re-inspection: July 5th,2007 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 5th.day of July, 2007 Code Enforcement.tigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to affirmed)ands e this 5th day of July ,2007 by Thomas Keegan (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary PublicPUBLI ) Personally known or produced identification NOTARY C•STATE OF FLORIDA Type of identification produced Delicia Pulse ;,. Commission#DD629723 ,,,•°Expires: JAN. 16,2011 BONDED TEO ATLANTIC BONDING CO.,INC. REV 3-3-05 Case Number 2007050893 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION '= Respondent Eduardo Rodriguez Date: 6/7/07 Investigator: Thomas Keegan Phone: 239-403-2483 Maria L.Rodriguez Zoning Dist RES Sec 13 Twp 50 Rng 25 Ailing: 3600 Poplar Way Legal: Subdivision 144-Avalon Estates Replat Block Lot 22 NAPLES,FL.34112 Location: 3600 Poplar Way Naples,FL Folio 22670600009 OR Book 2185 Page 1803 Violation: Pursuant to Collier County Consolidated Code Enforcement Violation(continued): Board Ordinance 07-44,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance ❑105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) 0105.2.2 Minor repairs.Ordinary minor repairs may be made with the Ordinance 04-41, as amended, Land Development Code, Sec approval of the building official without a permit,provided the repairs do not 10.02.06(B)(1)Building or land alteration permit and certificate of occupancy. include the cutting away of any wall,partition or portion thereof. 1310.02.06(B)(1)(a)Zoning action on building permits...no building or Section 105.7 Placement of Permit structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Xun ill The building permit or copy shall be kept on the site of the work ermit s until the completion of the project. p (),inspections,and certificate(s)of occupancy,etc. Section 111.1 Service Utilities®10.02.06(B)(1)(e)Improvement of property ty prohibited prior to issuance 0111.1 Connection of service utilities. No person shall make connections of building permit.No site work,removal of protected vegetation,grading, from a utility,source of energy,fuel or power to any building or system that is improvement of property or construction of any type may be commenced prior to regulated by this code for which a permit is required,until released by the the issuance of a building permit where the development proposed requires a building official. building permit under this land development code or other applicable county regulations. Other Ordinance/Narrative: ' ' 10.02.06(B)(1)(e)(i) In the event the improvement of property,construction Observed unpermitted shed and carport any type,repairs or remodeling of any type that requires a building permit has rport in the been completed all required inspection(s)and certificate(s)of occupancy must be rear of main structure built without first obtaining obtained within 60 days after the issuance of after the fact permit(s) all necessary Collier County Building Permits. Collier County Code of Laws and Ordinances Section 22,Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Order to Correct Violation(s): electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, Must be in compliance with all Collier County Codes and Ordinances. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing Apply for and obtain all permits required for described g uses, structure/improvements: OR remove said structure/improvements, constitutes a hazard to safety or health, are considered unsafe buildings or including materials from property service systems. All such unsafe buildings,structures or service systems are g P P rtY 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 P improvements/structure and remove from property. 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 :Must effect, or cause, repair and/or rehabilitation of described unsafe building inspection....Where pool construction is commenced after occupancy building/structure/systems: OR remedy violation by means of permitted certification of a one or two family dwelling unit on the same property. the demolition of same. 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 Violation(s)must be CORRECTED BY: July 5th,2007 approved substitute shall be in place,etc. Failure to correct violations may result in: 0104.13.5 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,tree 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 day per violation as long as the violation remains, and costs of the site. Activities prohibited prior to permit issuance shall include, but are .rosecuti.�!� not limited to, excavation pile driving (excluding test piling), well drilling, '40- ie --� formwork,placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat,etc. Res..ndent's Signature Date 6-7-07 ^rtion 106.1.2 Certificate of Occupancy. _ II,-_ t 106.1.2 Building occupancy. A new building shall not be occupied or a Investigator's 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 1 ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,.SEC.9.03.00 NONCONFORMITIES, SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 1 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format,and use;and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380,as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat,improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this division to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a �-� written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the LDC10:82 r 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. 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. _P e r m i t f e e s.A building permit fee_shall be collected pursuant to the fee schedule set- - - forth by resolution. LDC 10:84 7 2058612 OR: 2185 PG: 1803 UWIDID tit Ot1ICIAL IICOIW of Count COIRI, 11 IS/21/11 it 11:11A1 DIIOIT I, I*OCI, CLIII • 0011 1NN.N ,---.' UC I11 ICU IOC-.I1 111.8 IIU: WARRANTY DEED UIITAGI?MI tit net It FOLIO It 22670600009 THIS WARRANTY DEED MADE THIS C ` ' DAY OF MAY, 1996, Dv RICARDO F. FIDALGO, A SINGLE MAN , HEREINAFTER CALLED THE GRANTOR, TO EDUARDO RODRIGUEZ AND MARIA L. RODRIGUEZ, HUSBAND AND WIFE , HEREINAFTER CALLED THE GRANTEE, WHOSE POST OFFICE ADDRESS IS 2633 STORM AVENUE, NAPLES, FLORIDA 33962 (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 CORPORATIONS.) WITNESSETH: THAT THE GRANTOR, FOR AND IN CONSIDERATION OF THE SUM Of 110.00 AND OTHER VALUABLE CONSIDERATIONS, RECEIPT WHEREOF IS HERESY ACKNOWLEDGED, HERESY pGRANTS, BARGAINS, SELLS, ALIENS, REMISES, RELEASES, CONVEYS AND CONFIRMS UNTO THE GRANTEE, ALL THAT CERTAIN LAND SITUATE IN COLLIER COUNTY, FLORIDA: o. LOT 22, UNIT 1, AVALON ESTATES REPL � r �R'�✓C:! ,�{�ME PLAT THEREOF • RECORDED IN PLAT BOOK 4, PAGE 65, �'• . •7'17 Of COLLIER a COUNTY, FLORIDA. /, r^ E TOGETHER WITH ALL THE TENEMENT , . ,•1TAM _� ' APPP•RTE NCES THERETO BELONGING OR IN ANYWISE APPERT IN G. /.. TO HAVE AND TO HOLD, THE SANE IN ci irg ! y AND THE GRANTOR H ^ - HEREBY COVENA T S G E GRANTOR IS LAWFULLY SEIZED OF SAID LAND I SIMPLE: THAT Ti GR NT, S GOOD RIGHT AND LAWFUL AUTHORITY TO SELL A _,,,a. EY SAID LAND: 4' T T s RANTOR HERESY FULLY WARRANTS THE TITLE TO SAI• Iiii_AND �WILL DEFE D ' E AGAINST THE LAWFUL CLAIMS Of ALL PERSONS WHOM • AND THAT SAI• „i, 7 IS FREE OF ALL ENCUMBRANCES, EXCEPT TAXES ACCRU '9' h P ' 117 CEMBER 31, 1995, RESTRICTIONS, RESERVATIONS AND EASEME O ANY. IN WITNESS WHEREOF, THE SAID GRANTOR HAS SIGNED AND SEALED THESE PRESENTS THE DAY AND YEAR ABOVE WRITTEN. SI D, SEALED AND DELIVERED IN OUR PRESENCE: i ' .^ •l * '• WITNES° 1 (PRINT NAME BELOW) RICARDO F. FIDALGO PECiGY .. -RS 9k aW' C) WITNESS NO. 2 (PRINT NAME BELOW) Li()CC Law t`.) 12 ft* 011: 2185 PG: 1804 *** STATE OF ...3f i t . t t c,c COUNTY OF CC lc(i 1 `y1„1`HIS(F0 GOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS !ILL DAY OF ((ll , 1996, BY RICARDO F. FIDALGp, A SINGLE MAN , (_) WHO S PIR NAL+ KNOWN ITO. M( OR (_.2.—). WHO HAS PRODUCED —U CALLA—L 1 I L•t Is, L( (i M4I4DENTIFICATtN AND WHO DID/DID NOT TAKE AN OATH. ( l (SEAL) ` tCl' �' i ��L� 4, ll ,�----Y-•r_,re� NOTAR P LIC (PRINT NAME BELOW) :M.,: ;\ • rrc�r. emns P GC �r O.GA f., i:� w co�aa:ak•tc:ceb• X RRIS EWIIg. . Autry rime tndennMn RETURN TO AND PREPARED BY: PEGGY E. GARRIS HERITAGE TITLE, INC. 2059 TRADE CE ._Y NAPLES, F •J� „IR ( ' . . ›, . IN CONJUNCTION WITH THE ISSUANCE Ro E INSURANCE. Ri No. 96382R Milli/—..„ 7:F1E CIgC 4 I 1 R 1 444. .. S 4 is .T.' • S`a V4 � ,. 3 rIr tt rjr AC yp i ` ` - s w k . • . •t „' • 4 4 nr v ` " ft.$-, 1 t, ..11. .: * ".4.„.„„tir , 1,,it; 1 , e r4 * � ' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, CEB NO. 2007-80 vs. Case NO. 2007050893 Eduardo Rodriguez Maria Rodriguez Respondent(s), STIPULATION/AGREEMENT rr COMES NOW, the undersigned, C.fYt>pderR u C,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#2007050893 dated the 7th day of June, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23rd, 2007(date); 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 agree 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),10.02.06(B)(1)(a),10.02.06(B)(1)(e),10.02.06(B)(1)(e)(i) of Collier County Ordinance 04-41 of the Collier County Land Development Code, as amended and described as Unpermitted shed and carport erected on residentially zoned property without first obtaining all necessary Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$243.17 incurred in the prosecution of this case. 2) Abate all violations by: I. Submitting a complete application for all Collier County Building Permits within fourteen 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 obtained. Upon receipt of permits, request inspections and obtain a Certificate of Completion within sixty days of the day the permit was issued or a fine of$200.00 a day will be imposed until the certificate of Completion is issued. 2. OR obtaining a Collier County demolition Permit within fourteen days of this hearing or a fine of$100.00 a day will be imposed until the demolition Permit is obtained. Request all required inspections and obtain a Certificate of Completion within seven days of the day the permit was issued or a fine of$200.00 a day will be imposed until the Certificate of Completion is issued. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. A. hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 13x6, Ar `'').))' ,�---' Respondent Investigator /J )( �� Michelle Arnold, Director D Code Enforcement Department REV 3-3-05 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-80 vs. EDUARDO AND MARIA RODRIGUEZ, r,; �. Respondents MI MI a o FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD c+-) THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard c=p testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its N C'rl 3 Findings of Fact,Conclusions of Law,and Order of the Board,as follows: x � ra a c.7 :a �. FINDINGS OF FACT a-. o `U I. That Eduardo and Maria Rodriguez are the owners of the subject property. N ra c� T`r, O H 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the tG a A Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 0 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. mot+ v.., o `° 4. That the real property located at 3600 Poplar Way,Naples,Florida 34112, Folio 22670600009 more `° particularly described as Lot 22, Unit 1,Avalon Estates Replat,according to the plat thereof,recorded in Plat Book • t+ ° 4, Book 4, Page 65 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Section 10.02.06(B)(1), I0.02.06(B)(I)(a), I0.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i)in the following particulars: Unpermitted shed and carport erected on residential zoned property without first obtaining all necessary Collier County Building Permits. 0 0 ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended at the hearing, and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it F G) is hereby ORDERED: P P+ ca a+ •: a That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,Section 10.02.06(B)(1), I0.02.06(B)(I)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)be corrected in the following manner: I. By submitting a complete application for all Collier County Building Permits,by pursuing the application process with due diligence until the permit is obtained and, upon receipt of permits by requesting inspections and obtaining a Certificate of Completion within 120 days(December 21,2007). 2. In the alternative,by obtaining a Collier County Demolition Permit,requesting all required inspections and by obtaining a Certificate of Completion within 120 days(December 21,2007). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 21, 2007,then there will be a fine of$100 per day for each day for each day until the application is submitted. 4. That if, in the alternative,the Respondents do not comply with paragraph 2 of the Order of the Board by December 21,2007,then there will be a fine of$100 per day for each day until the Certificate of Completion is issued. 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. 0 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$243.17 within 30 days. c-0-) 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 017 day of ,2007 at Collier County, Florida. © CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisa1 day of 2007, by Sheri Barnett, Chair of the C od Enforcement Board of Collier County, Florida,. is personally known to me or V who has produced a Florida Driver's License as ident' Lion. IFF* CHRISTINA L URBANOWSKI c� 14,ki V. N :., MY COMMISSION#DD 241717 EXPIRES:November 22,2007 NOTARY PUBLIC f^' `iF..... 9andedThmNotaryPubNCUrnierwiflers My commission expires: $rata o>I FLORIDA ounxy of COLLIER I HEREBY CERTIFY THAT this Is a this sno correct copy qt 4 aocurent on,flle in Board Minu,tti.1 and antk Rein* of Collier County t 5 ►;'Iy ham ahh of c;al seal this dify of- 2e), OW HIE. BROGK,CLERK OF COURTS i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Eduardo Rodriquez and Maria L. Rodriguez,3600 Poplar Way,Naples, Florida 34112 this zssos day of Aurt , 2007. /17 _„ect-F M.Jean son,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (=>v (239)263-8206 a N la I v CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Eduardo Rodriquez and Maria L. Rodriguez,3600 Poplar Way,Naples, Florida 34112 this ecru- day of Aurt , 2007. - J -c��-y-o✓�/ M.Jean son,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 ° (239)263-8206 cv—) 6* A... N cztl GY' U BOARD OF COUNTY COMMISSIONERS OR; 4276 PG; 3206 *** Collier County, Florida Petitioner, CEB NO. 2007-80 vs. Case NO. 2007050893 Eduardo Rodriguez Maria Rodriguez Respondent(s), rr '�1� STIPULATION/AGREEMENT COMES NOW, the undersigned, Cr t>.i'(�'c C -A(�� C,�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#2007050893 dated the 7th day of June, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23rd, 2007(date); 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 agree 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),10.02.06(B)(1)(a),10.02.06(B)(1)(e),10.02.06(B)(1)(e)(i) of Collier County Ordinance 04-41 of the Collier County Land Development Code, as amended and described as Unpermitted shed and carport erected on residentially zoned property without first obtaining all necessary Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$243.17 incurred in the prosecution of this case. 2) Abate all violations by: 1. Submitting a complete application for all Collier County Building Permits within fourteen 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 obtained. Upon receipt of permits, request inspections and obtain a Certificate of Completion within sixty days of the day the permit was issued or a fine of$200.00 a day will be imposed until the certificate of Completion is issued. 2. OR obtaining a Collier County demolition Permit within fourteen days of this hearing or a fine of$100.00 a day will be imposed until the demolition Permit is obtained. Request all required inspections and obtain a Certificate of Completion within seven days of the day the permit was issued or a fine of$200.00 a day will be imposed until the Certificate of Completion is issued. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. A. hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) t' /—(-16 A((_) /1 )/ Respondent Investigator o t 6l Michelle Arnold, Director D to Code Enforcement Department REV 3-3-05 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. GE Management Group, Inc.,Respondent(s) Michael Levine (Registered Agent), CEB No. 2007-86 DEPT No. 2007070656 ITEM PAGE(S) Notice of Hearing 1 '-` Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-86 Dept. Case No. 2007070656 Plaintiff, vs. GE MANAGEMENT GROUP, INC, Respondent MICHAEL LEVINE, REGISTERD 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: August 23, 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: 600 East Main Street SERVED: GE Management Group, Inc Respondent Michael Levine, Registered Agent Inv. 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: 8/1/2007 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,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO. 2007-86 Vs. DEPT CASE NO.2007070656 GE Management Group,Inc Michael Levine As Registered Agent For:,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.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(s)04-41,The Land Development Code, as Amended,5.06.06 [G], 5.06.06 [L],5.06.06[N] 2. Description of Violation: Repaet violation,portable sign,also known as"snipe signs"placed in ROW throughout Unincorporated Collier County. 3. Location/address where violation exists: itinerant or transient in nature county wide 4. Name and address of owner/person in charge of violation location: Michael Levine, 4800 North Federal Highway, Suite 100B,Boca Raton,Fl 33431 5. Date violation first observed:November 15,2006 6. Date owner/person in charge given Notice of Violation: October 18,2006 7. Date on/by which violation to be corrected: October 30,2006 8. Date of re-inspection: June 20th 2007. 9. Results of Re-inspection:Repeat Violation. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier ounty Code Enforcement Board fo public hearing. Dated this /Day oq ,t ,2007 U�' tchell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn . (or affirmed)and subscribed before this 1 day of I �I ,200 . (Signature of Notary Public) ' t/Type/Stamp Commissio -d ,,� Name of Notary Public) Personally known ) - or produced identification Type of identification produced n' p YP1.. Linda C. Wolfe _ Commission#DD273407 a•. •P� Expires:Dec 07,2007 REV 3-3-05 '/' F , Bonded Timi Atlantic Bonding Co.,Inc. L. Core Number 2 00 60 6 01170 COLLIER COUNTY CODE ENFORCEMENT �� NOTICE OF VIOLATION Dwner: MICHAEL LEVINE Date: 1011906 Investigator KITCHELL T.SNOW Phone: 239-403-2493 [PROPERTY OWNER] MICHAEL LEVINE AS REGISTERED AGENT FOR GE MANAGEMENT GROUP,INC. (BUSINESS] Zoning Sec Twp Rng Dist Mailing: 4800 NORTH FEDERAL HIGHWAY Legal: Block Lot SUITE 1006 Subdivision BOCA RATON FL 33431 4800 NORTH FEDERAL HIGHWAY SUITE 1006 BOCA RATON FL 33431 Location: MNERANT OR TRANSIENT IN NATURE Folio OR Page COUNTY WIDE Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-555 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. CEASE ALL PLACEMENTS AND REMOVE ALL PORTABLE'SNIPE' SIGNS WITHIN THE UNINCORPORATED AREA OF COWER El Ord No. 04-041,as-amended Section 5.06.06[G] COUNTY. Ord No. 04-041,as amended Section 5.06.06(L] J-)Suaoiementai attached )rd No. 04-041.as amended Section 5.06.06[N] ,JOrd No. ,as amended Section DOrd No. ,as amended Section ON OR BEFORE: OCTOBER 30th 2006 ❑Ord No. ,as amended Section Failure to correct violations may result in: DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to Did Witness 61000 per day per violation, as long as the violation remains, and costs ON 7/20/06-PORTABLE SIGNS ALSO CLASSIFIED AS'SNIPE'SIGNS of prosecution. LOCATED THROUGHOUT UNICORPORATED COWER COUNTY. 11H15 IS CONTRARY TO THE COWER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPUANCE SERVED BY: WITH CURRENT CODE [Personal Service ®Certified Mad ['Posting of Property jlSuoolemental attached [Fax DWI Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO SNOW CODE Print ENFORCEMENT INVESTIGATOR: paw this 18Th day of OCTOBER 2006 2900 No.Horseshoe Dr.Naples,FL 341 (239) 403-2493 F 239)403-2343 Investigator signature VIOLATION STATUS: initial ❑Reaming DRepftat 3- .. .....:..a...rx. ('row m Recnnndratt r w fnr Site Preetina Crum fro.officio'Pnrtinv Rev 4X14 U.S. Postal Service,: CERTIFIED MAILTM RECEIPT (Domestic Mail Only;Na insurance Coverage Provided) ..n - For delivery information visit our website at www.tisps.com:. ru OFFICIAL USE Postage $ (Et MICHAEL LEVINE REG AGE p GE MANAGEMENT GROUP I r- 4800 NORTH FEDERAL ru BOCA RATON, FL 33431 Ln Case Nbr - Sent TO 2006080070 0 r_ street,Apt.No.; or PO Box No. City,State,MI44 13.51Fcirm 3800.June 2002 ',' See Revarse.foriliistilibtro; 4. USPS - Track& Confirm rage i or i UNITED ST T , ��. W PQNIZIL SE1?1/10E e Home I Help `€. �"«�.akrw.;�? ,..-.,. r.".n�. .�.�.+:xti�."��� ".. ;+,._.r;, ..' ��3,,�?�..*�>.;t.�"".sc. �c;?:�... ,. � �^�s�5.a,�,fi+�dr,�z�-���' �tt�, ��;�ai -;'�s�§�:��,�:i s�sn a�e�• Track&Confirm Track & Confirm Search Results • Label/Receipt Number. 7005 2570 0001 6227 6420 Status: Delivered Track&Confirm Enter Label/Receipt Number. Your item was delivered at 12:06 pm on October 27, 2006 in BOCA . RATON, FL 33431.A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Restate mine Details>) "ti> (Reim to t1SPScom Name> 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 6: http://trkcnfinil.smi.usps.com/PTSlnternetWeb/InterLabelTnquuy.do 1/17/2007 J.VV.VV ✓ivi•✓ K. Traffic control and safety signs or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window signs not exceeding 25 percent of each window area. N. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater, displaying the name and address of the resident and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non- commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.06 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing sign copy or design of an advertising structure, or changes which are determined by the County Manager or his designee to be less than asubstantial improvement . S. Copy changes for shopping centers, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. One ground or wall sign may be used as a construction sign by the general contractor of the development, within eachfront yard for each parcel less than ten acres in size. U. Temporary signs in conjunction with an approved temporary use permit. V. One sign indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said sign (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) forsaid sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs http://library 1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 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 .-� not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 7 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. HH. Pennants. II. Bench signs. http://library 1.municode.com/mcc/DocView/13992/1/3 6/42 1/11/2007 1, 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 Building Code, as adopted by Collier County shall govern. 4. Code enforcement shall immediately remove all signs in violation of this Section that are located in or upon public rights-of-way or public property. http://libraryl.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 7 5. Penalties. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Code, such person, firm, corporation, or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separateand distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. b. Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. Chapter 162. (Ord. No. 05-27, § 3.KK) http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 fQ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-86 DEPT NO. 2007070656 GE Management, Respondent(s), i STIP LATION/AGREEMENT COWS the un rsigned, E',i _ ,,rm iq , on behalf of himself or ( t"�� � CM, 613 al repre entative for 'espondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 23rd day of August, 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 August 23rd , 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) 5.06.06[G], 5.06.06[L] and 5.06.06[N] and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, Snipe signs/ portable signs placed in the ROW in Unincorporated Collier County THEREFORE, it is agreed between the parties that the Respondent shall; 1. Imposing a civil penalty of$25005for a repeat violation is to apply. 2. Cease placement and remove said signs within 7 days of the date of this hearing or a fine of $1000.00 per day will be imposed until said signs are removed. Any future placement of said signs shall result in a fine of$1000.00 per day until said signs are removed. 3. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the I 1 estigator to come out and perform a site inspection. Cease displaying any sign `.t does tt have a proper permit. R )// - _ P-1('1 '�'pondent Mice _ Arnold, Director Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-86 vs. - o GE MANAGEMENT GROUP, INC. I.-- C., Respondents 1.1 C0 a, � a o FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD r— . THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its <''1 ° Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 0 n I. That G.E. Management Group, Inc. is the owner of the subject property. r4 m 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,appeared at the public hearing by Mitchell Brandt,and entered into a C:4 Stipulation,which was amended. L.C.' H Crl py• O Q 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. °' "° '"' `° 4. That the real property located itinerant or transient in nature throughout unincorporated Collier County, mot+ Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Sections 5.06.06(G), 5.06.06(L),and 5.06.06(N)in the following particulars: m a Repeat violation,portable sign,also known as"snipe signs"placed in ROW throughout unincorporated Collier County. ORDER OF THE BOARD cr. Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended,which c. 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: • Na H V H O • w .b. That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, O CJ Sections 5.06.06(G),5.06.06(L),and 5.06.06(N)be corrected in the following manner: N cn E-. E-. s cam .-+ ,w 1. By paying a civil penalty of$1,500 for the repeat violation. 2. By ceasing placement and by removing said signs within 7 days(August 30,2007). 3. Any future placement of said signs shall result in a fine of$1,000 per day until said signs are removed. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 30, 2007,then there will be a fine of$1000 per day for each day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $283.44 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. co cz> CV DONE AND ORDERED this 077 day ofl, ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD w COLLIER 0 TY, FLORIDA N Qty / � Q se) BY: • / Cr' Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thiso 1'day of , 2007,by Sheri Barnett,Chair of the Cod Enforcement Board of Collier County, Florida, is personally known to me or ('who has produced a Florida Driver's License as identific; ion. �.ei; BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4276 PG: 3209 *** Petitioner, Vs. CEB NO. 2007-86 DEPT NO. 2007070656 GE Management, Respondent(s), STIP,JLATION/AGREEMENT U COWS, N� the u�i rsigned, ' 1 _ '�!A(,-1, , on behalf of himself or ( V\- ,, ) . �L�L r a repre entative for `-iespondent and enters into this Stipulation and Agreement with Collier County a�to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 23rd day of August, 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 August 23rd , 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) 5.06.06[G], 5.06.06[L] and 5.06.06[N] and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, Snipe signs/ portable signs placed in the ROW in Unincorporated Collier County THEREFORE, it is agreed between the parties that the Respondent shall; 1. Imposing a civil penalty of$2 00<for a repeat violation is to apply. (L. !t 2. Cease placement and remove said signs within 7 days of the date of this hearing or a fine of $1000.00 per day will be imposed until said signs are removed. Any future placement of said signs shall result in a fine of$1000.00 per day until said signs are removed. 3. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the I i estigator to come out and perform a site inspection. Cease displaying any sign '..t does f•t have a proper permit. L^ : ,, )/ - - ti -7pondent MicKie _ Arnold, Director ' Code Enforcement Department C,g..sy-s L4)41 3o dot s REV 2/23/06 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-16 DEPT No. 2001100933 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-16 Dept. Case No. 2001100933 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, 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: August 23, 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: 1101-23 Alachua St. Lot 8, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, 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: 7/11/2007 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 CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-16 DEPT CASE NO.2001100933 Board of County Commissioners vs.Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01,par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03,pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01,par. A, SEC. 8.08.00,par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01,par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2,4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3", par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee,FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2458, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 3,354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30,2007—July 15, 2007, (15 days)for the total of$ 2,250.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007-July 15, 2007 (5 days) for the total of$ 750.00. Fines are still accruing. Order Item#16 Operational Costs of $354.16 have not been paid. Retn: INTEROFFICE 3835446 011: 4033 PG: 2458 COLLIER COUNTY CODE ENFORCENEN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL EEC FEE 27.00 SHIRLEY N GARCIA 05/09/2006 at 11:02AN DNIGHT B. BROCI, CLERK • 2800 1 HORSESHOE DR CDES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-16 vs. JERRY&KIMBERLEA BLOCKER, Respondents FINDINGS ?�� t IONS OF L• _. ti a_ :. . �' a=pace RD THIS CAUSE came on for public hear' g • •re the Board on April27, 406, •s d the Board,having heard testimony under oath,received evide , _'• •ear. res• ' • • •pprop ••to atters,thereupon issues its Findings of Fact,Conclusions of La ,an Ora"r o e B*• d,as�' fo ows:gro CUoJ!1. That Jery and Kimberley e • o• ;ubje= 2. That the Code Enforcement tI has jurisdiction of th . o' 'espondents and that the Respondents,having been duly notifies lips• ed at the public hear n= 3. That the Respondents were notifies• '• - •• • i • • • c; • ed mail and by posting. I�EC.IR 4. That the real property located at 1101 Alac mokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864720000,more particularly described as Lot 8,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par. D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par. A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C- 3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: OR: 4033 PG: 2459 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all requ' v- pRi J ,� =•ifcates of Completion within 120 days of s; issuance of the aforementioned Building Pe. 1� ),, 6. In the alternative,by ob :• • ..•mplete and sufficie�•Co .- County Demolition Permit within 90 days(July 28,2006)or within 10 d• . abandoned pursuit of rezo an.•r SDP/SIP,whichever is applicable; 7. If obtaining a demoli on • rm • = cu ' : same • d by re ovi : all non-approved,non- permitted,additions,improvements use , f• . i •4• IL-7 •cto.er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; 8. That if rezoning,the •es.. J is •• • ,1 ,, park: •;•h .f e Order of the Board within 14 days(May 12,2006),then there .il ��' o -! •- ntil = e :•'11' ation meeting is scheduled. 9. That if rezoning,the R. 'a •ents do not comply wi r. ara ap e Order of the Board within 365 days of the date of the pre-appli 114 • quiry/review,then � it • • of$150 per day for each day that the violation continues past that d., 10. That if rezoning,the Resp. d '. •o not comply with • Atilt 3 of the Order of the Board within 60 days of the rezone approval,then there .- • - a 1 I . a- To ach day that the violation continues past that date. E 1R 11. That if rezoning,the Respondents do no •• -= ■ paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if,in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if,in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. 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. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. �1 *** OR: 4033 PG: 2460 *** • • 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 5 day of i��a/,2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: &J" Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was ac ,e' -R © j�- •ay of • 2006, Sheri Barnett,Chair of the Cod- • ment Board of Co �1 ,Florida,wh is personally ersonall known to me or h• Ag.uced a Florida D icense as identification. wit 0 oos, L•� oa23 0 1 Ft.;41 t.4)% 5016tinto*Cc)." &tell"! Mil c) ERTIFICATE OF S = 0 I HEREBY CERTIFY that a • : #,j; ect copy of this 0' ► been sent y U.S.Mail to U.S. Mail to Jeffry and Kimberlea Blocker, 1830 •. 0 this day of , 2006. CIR r M.Jean son,Esq. Florida •ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 Mate of F LORIDA county of COLLIER I HEREBY CERTIFY THAT this Is a true and correct copy.otsidriLst4tent on file in Board Mi mites' ti'R4(90. of Collier Count) �-. W N Amy. , . '. -•f. official seal this Agiy Lam:•• .Z • DWI x.' •OK,CLER14 OF CO RTS 4 - • I; COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMNIISSIONERS,Petitioner vs. JERRY&KHVIBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27,2006,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 4033 PG(S)2458, 2459 and 2460,et. seq. 2. That a re-inspection was performed on JUNE 29,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not n been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question,by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and s - cribed before me this June 29, 2007, by Dennis Mazzone. is ature of Notary •ub ic) vuinnt MAIL fEOFFLuKW, K.A. Van Sickle f•-■ (Print/Type/Stamp Commissioned Commission viDD61848t Name of Notary Public) •'••.,n;�.+`r NOV '79 201( BOADBDT,HRUATLANTI(BONDINGCO. mit Personally known / REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE, STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27, 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 4033, PG 2458,2459 and 2460, et. seq. 2. That a re-inspection was performed on JULY 11,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007, as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co. Demolition Permit,within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD cy4.4.1". " DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)a • ubscribed before me this July 11 2007, by Dennis Maz7one. /PIP/ F. _..ture of Notary`/ S P�u.lic) .�. 11 yLtL•51ATE OF FLORIDA K ' .A. Van Sickle ' (Print/Type/Stamp Commissioned leommissionIDD61848i Name of Notary Public) BONDn T r BBOONDIN 29 201c CO INC Personally known 4 REV 3-14-05 /. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-17 DEPT No. 2001100934 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-17 Dept. Case No. 2001100934 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, 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: August 23, 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: 1101-23 Alachua St. Lots 6 and 7, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, 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: 7/11/2007 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.2006-17 DEPT CASE NO. 2001100934 Board of County Commissioners vs.Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41,as amended sec.(s) 1.04.00, SUB SEC'S 1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01,par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.03.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03,pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01,par.A, SEC. 8.08.00,par's B and D, SUB SEC. 9.03.00, SUB SEC. 9.03.01,par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3",par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006 e-C-ode nforcement- Board issued—a Findings of Facts 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 4033 PG 2461, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$ 3,354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—July 15, 2007, (15 days)for the total of$ 2,250.00. Fines are still accruing. Order Item# 6 Fines at a rate of$150 per day for the period between July 10, 2007-July 15, 2007 (5 days) for the total of$ 750.00. Fines are still accruing. Order Item#16 Operational Costs of $ 354.16 have not been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-17 vs. 3835447 OR: 4033 PG: 2461 RECORDED in OFFICIAL RECORDS of COLLIER CODITI, PL JERRY&KIMBERLEA BLOCKER, 05/09/2006 at 11:02111 DRIGHT 1. BROCE, CLERE Respondents REC PEE 27.00 Aetn:INTEROPFICE COLLIER COURT? CODE ENFORCIKIN SHIRLEY 1 GARCIA 1800 N HORSESHOE DR CUBS BLDG FINDIN .l {U Lam IONS OF L• _k►►�7.%,�} ��I iTj • THIS CAUSE came on for public hear' g . .re the Board on April 27, 006, ••d the Board,having heard testimony under oath,received evide e, • .d ear+ res. a :, approp 'ate afters,thereupon issues its Findings of Fact,Conclusions of La ,an Or•er o e BB . dd,1,as fo ows: c�tw �1 I. That Jerry and Kimberley : o e + e • '!�ubje 2. That the Code Enforcement t • has jurisdiction of th e- ; o o' 'espondents and that the Respondents,having been duly notifie+ ed at the public he. n_ 3. That the Respondents were notifie. +• . h • ••_ , • ed mail and by posting. 4. That the real property located at 1101 Alac • C� mokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864680001,more particularly described as Lots 6 and 7,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01, par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec. 2.05.01,par.A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: 3. OR: 4033 PG: 2462 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1.4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all requ• .- `ice' f1• .ificates of Completion within 120 days of issuance of the aforementioned Building Pe• i s; - k>1 6. In the alternative,by obta' -It ••mplete and sufficie £0o,- County Demolition Permit within 90 days(July 28,2006)or within 10 d• ,s • '• abandoned pursuit of rezo an.• r SDP/SIP,whichever is applicable; 7. If obtaining a demoli on • rrru .y cu ; same ,_ d by re ovi _ all non-approved,non- permitted,additions, improvements use : •_.4i t'••r•, . 4.. ; •.: •cto.er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; II( �, 8. That if rezoning, es•• is •. + ,.. 8• . . par.,_ •i.h f e Order of the Board within 14 days(May 12,2006),then there 'l ,e : •.=�o -' .- :: •• ntil :=M",,e : ation meeting is scheduled. 9. That if rezoning,the R. .. •ents do not comply wi'. •ara_ •p e Order of the Board within 365 days of the date of the pre-appli _le, ' quiry/review,then -4 it b .iii of$150 per day for each day that the violation continues past that d 10. That if rezoning,the Resp, d*k •o not comply with . a! 3 of the Order of the Board within 60 days of the rezone approval,then there .^ . -- . I : ach day that the violation continues past that date. I9 11. That if rezoning,the Respondents do no • . • paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if,in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if,in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. 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. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. *** OR: 4033 PG: 2463 *** 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 c-bot day of 7/ 4/,d 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER`,COUNTY,FLORIDA BY: ..s�L Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was ac e•._�•�:g. �9. .ay of fll • 2006, heri Barnett,Chair of the Cod- ._ ment Board of Co u %,Florida,who is personally known to me or • has pr ced a Florida D icense as identification. 5Ie� m .L 'fP ERTIFICATE OF S O I HEREBY CERTIFY that a .f� ect copy of this O• s been seat bey U.S.Mail to U.S. Mail to Jerry and Kimberlea Blocker, 183 I • • ,.. ' 0 this S f- day of ' 2006 .E CI' M.Jean son,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 stage m F LORIDA :oui y of COLLIER I HEREBY CERTIFY:THAT this is a true and correct copy 011.Orjtent on file in Board Mb se•a d•i24coris of Collier County WJ j rriy. -na 'cia seal this X of i ! • r DWI E.'•Hr,•C,K,C � OF CO RTS tIA- D.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27, 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 4033 PG(S)2461,2462 and 2463,et. seq. 2. That a re-inspection was performed on JUNE 29,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9,of the order of the board, by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CAA' DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(�orr affirmed)and sub ribed before me this June 29,2007, by Dennis Mazzone. /�i�1�� , (Signa e [Notary Public) vuLam .'UtfLll,•S MEOFFLUKIllt _,,," „',, K.A. Van Sickle "---` (Print/Type/Stamp Commissioned ►(, 'on DD61848f Name of Notary Public) ' ''"" N% Expires OV 79 201( sumo BONDB)ThRUATLANIK BONDINGCO.Dic Personally known I REV 3-14-05 /!7j• COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27, 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 4033, PG(S)2461,2462 and 2463 , et. seq. 2. That a re-inspection was performed on JULY 11,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9,of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29, 2007, as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co.Demolition Permit,within 10 days after abandoned pursuit of a"re-zone",or by July 9, 2007,as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD WL DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before me this July 11 2007, by Dennis Mazzone. ./- (Si: ature of Notary Public) uinicu PUBLIC-STATEOFFLORIDA , (Print/Type/Stamp Commissioned ? s K.A. Van Sickle Name of Notary Public) y'mv COmmiSSiOD#DD61848 Expo' NOV '9 201( Personally known ' REV 3-14-05 7 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-18 DEPT No. 2001100976 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-18 Dept. Case No. 2001100976 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, 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: August 23, 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: 1101-23 Alachua St. Lots 9 and 10, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, 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: 7/11/2007 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.2006-18 DEPT CASE NO. 2001100976 Board of County Commissioners vs. Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01, par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03,pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01, par. A, SEC. 8.08.00,par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01, par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA,Article IV, SEC's. 4.1, 4.2,4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3", par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63 864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2464, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 3,354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—July 15, 2007, (15 days) for the total of$2,250.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007-July 15, 2007 (5 days) for the total of$ 750.00. Fines are still accruing. Order Item #16 Operational Costs of $354.16 have not been paid. 2 , CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-18 vs. 3835448 OR: 4033 PG: 2464 JERRY&KIMBERLEA BLOCKER, RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/09/2006 at 11:02AN DWIGHT E. BROCK, CLERK Respondents REC FEE 27.00 Retn:INTEROFFICE COLLIER COUNTY CODE ENFORCENEN SHIRLEY N GARCIA 2800 N HORSESHOE DR CDES BLDG FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 27,2006,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 Jerry and Kimberlea Blocker are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1101 Alachua Street,Immokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864760002,more particularly described as Lots 9 and 10,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00, Sub. Sec's 1.04.01, par's A,B and C,and 1.04.05, sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D, and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A, sec.2.04.00, sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub. sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X, sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: 3, OR: 4033 PG: 2465 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00, sub.sec.2.02.01,par.D, and 2.02.03,sec 2.03.00, sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec. 8.08.00,par's B and D, sec. 9.03.00,sub. sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV, sec's 4.1.4.2,4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all required inspections and Certificates of Completion within 120 days of issuance of the aforementioned Building Permits; 6. In the alternative,by obtaining a complete and sufficient Collier County Demolition Permit within 90 days(July 28,2006)or within 10 days after abandoned pursuit of rezone and/or SDP/SIP,whichever is applicable; 7. If obtaining a demolition permit,by executing same and by removing all non-approved,non- permitted,additions,improvements,use and resulting debris within 180 days(October 28,2006)or 90 days after rezone and/or SDP/SIP abandonment; 8. That if rezoning,the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days(May 12,2006),then there will be a fine of$150 per day until the pre-application meeting is scheduled. 9. That if rezoning,the Respondents do not comply with paragraph 2 of the Order of the Board within 365 days of the date of the pre-application inquiry/review,then there will be a fine of$150 per day for each day that the violation continues past that date. 10. That if rezoning,the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days of the rezone approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 11. That if rezoning,the Respondents do not comply with paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if,in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if, in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. 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. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. *** OR; 4033 PG: 2466 *** 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 5 day of We ,2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER OUNTY,FLORIDA BY: - 4 ay Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) rn Th o egoing instrument was acknowledged before me this D day of / /0-41. , 2006,b eri Barnett,Chair of the Code Enforcement :oard of Collier County,Florida,wlr is .i I ' ' .'S " • odif 17,e,,c , ,...., personally known to me or who has ! od ced a Florida Driver's Li nse as identification. Y,PU,, gonna L.M®dtigno NOT• •!PUBLIC o)- a Commission#DD234494 My commission expires: =_� 18,2007 -.• �\::=Expires:Aug ';,. .z3; Bonded Thru E ai F\°,, Atlantic Bonding Co.,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been seat t'U. S.Mail to U. S. Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 this . `day of • , 2006. M.Jea awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 state o1 F LORI UA .'.ounty of COWER I HEREBY CERTIFY THAT this Is a true and correct copy Gt a•€.1,0C 11 1 on Me in �` Cti Count) Board {"�iinlit' .:.i4al Fled res- as C, er Cou ft) DWl`- • • E; S'-'i 1:.,;}i C6.E1( OF CO'.`ITS IL . •t4__' iv / ✓// I .C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27,2006,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 4033 PG(S)2464,2465 and 2466,et. seq. 2. That a re-inspection was performed on JUNE 29,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having , acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated:JUNE 29,2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD eJLIL JI !♦1!ar.... t� DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and su..cribed before me this June 29, 2007,by Dennis MR7zone. (Signature of Notary Pub ic) vu'IAKY PUBLIC•STATEOFFIARIDA (Print/Type/Stamp Commissioned .''s K.A. Van Sickle ^ Name of Notary Public) wl Comoion#DD61848f YUJAM OUBLIC•STATEOFFLORIDA 9,xPir'P 'Inv it 701 Personally known K.A. Van Sickle i ICo�ssion#DD6184& • 1'Ili REV 3-14-05 '•�„, �Expires NOV 79 201 30NDEDTHRPATLANTI(BONDINGCO..NC COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27, 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 4033, PG 2464, 2465,and 2466, et. seq. 2. That a re-inspection was performed on JULY 11,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007,as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6,of the order of the board, by not having obtained a Collier Co. Demolition Permit,within 10 days after abandoned pursuit of a"re-zone",or by July 9, 2007, as ordered, resulting in an additional fine of$150.00 per day, for a total of$300.00 per day,for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before me this July 11 2007, by Dennis Mazzone. - _411}P '/ igna re of Notary Public) „ NAt,.sjATEOFFLORIDA "'". K.A. Van Sickle Commissioned ' " ,- NOV .9120( (Print/Type/Stamp ya ��•: . Name of Notary Public) it ATI,A1111(IONDINGCO..iIIW Personally known I REV 3-14-05 7, 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: August 23, 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 complied with the CEB Orders as of March 22, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 11,743.19. See below. Order Item #2; Order Item # 7 Fines at a rate of$ 200 per day for the period between June 5, 2007-August 1,2007(57 days) for the total of$ 11,400.00. Order Item #6 Operational Costs of $343.19 have not been paid. 2. Retn: EEIIDISA Will 3995092 OR: 4205 PG: 0803 REC FEE 35.50 CODE ENFORC! UY RECORDED in the OFFICIAL RECORDS of COLLIER CODS, FL 2800E EORSESHOE DR 03/30/2007 at 10:4511 DWIGHT E. BROCK, 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 ...n_p.;.a ER s - BOARD THIS CAUSE came on for public heart e Board on Mar •` 1;- 47,and the Board,having heard testimony under oath,received evide e,--' 1 eard respective to all ap•• •pria - matters,thereupon issues its Findings of Fact,Conclusions of La ,an/fie Board,a follows. 1. That Cesario and Yonaci; Nu • o rs ubj pop- 2. That the Code Enforceme' B•.rd has jurisdiction of •ers• of i - ' -spondents and that the Respondents,having been duly noti •, ..peared at the public g .y • ntatives,Gerald and Elvira Warden,and entered into a Stipulatio: 3. That the Respondents were noti -Q#' . •.to of heal;• • led mail and by posting. 4. That the real roe located at 204 Ma•i . - p property � .,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, 12c, 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 1 I, 12b, 12c, 12k,and 19c be corrected in the following manner: - -.- �3 , OR: 4205 PG: 0804 1. 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 s Enf. • icials that the violation has been abated and request the Investigator to come out an• ,. •• `—- 12. That the Respondents are •: • pay all operation. c�'curred in the prosecution of this Case in the amount of$343.19. CJ Any aggrieved party may appea a f nial—der o- a -•• to the 'rcui Court within thirty(30)days of the execution of the Order appeal ..A ia•:: .h• .- < : ••_ • - - •,bu,shall be limited to appellate review of the record created withi . Fi •- .p: l ha t,e ;r• ••'s Oder. DONE AND ORDERE I tgi$ ✓•. • >#,,, ,J. ,20!: ._ • l ounty, Florida. y` CODE E R' t 4M :OARD COLLIER I c Ji S RIDA• BY: . � �//• _ ' 1{fix'' air erica. •rth Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) e foregoing instrument was acknowledged before me this,.)7 day of /*1:-/i' , 2007, Sheri Barnett,Chair of the Code Enforce en,Board of Collier County,Florida,who is personally known to me or who h pro., a Florida Driver's License as identification. Danny L.Modugn0 j ,� i� . , 441 - Commission 4DQ239d9� / �- _ ar,L.,it_V- t(1 •_Expires: MI6 i8 NO Ate'' PUBLIC :. . Bonded Thn; - 'F6if`° 1 t c AnndtnRC. Inc My commission expires: r-•• •` �'ii �t .):::Yry of GOWER JER CE:Y '2 '•i='F, 'HA,th:s is a true and 'fr-C'f ..:.`: Cs. . fi:a in = •• " - . , <,;;re ,.::..0 Lr County ', 2,t - '4 ..i c:.;; �t1iS 3 :161cV r ' ._ y .. 7rYiG.1IT'E. ,Cy?�, CLERK OF COURTS w ,' ,� D.C. w OR: 4205 PG: 0805 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER Aahbeen sent by U. S.Mail to Gerald and Elvira Warden,204 Madison Avenue w.,Immokalee,FL 34142 this , day of / 7a(4(k_.,2007. r‘ 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 (-0) 0 I - - ---- - -- - - .S. BOARD OF COUNTY COMMISSIONERS *** OR: 4205 PG: 0806 *** Collier County, Florida Petitioner, Vs. n42 lc( ► te-A< A- /�1 CEB NO. ��C'�O7 ZO (!2Sft�0 6Ju�1e l'.� DEPT NO. a©f�0`70 R&7 Lion ie'..;cz., A.),..kne/ Respondent(s)&/U/WWl LAA' 0 e''`) &'('`) STIPULATION/AGREEMENT COMES NOW, the undersigned, . /`,on oehalf 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 clo dated the 31 Si-day ofoe+ , 2OCi.(o 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 30401 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. R �,3; e�-� • EX��c;of ( ett(S i ri need o 2 .^ 'Pr'2 1c-tteL.l s ms�,at-/na;.�t-(�it oS, The violations are that of.sectio gr.: and are desc i - h s f \\ Ir',eL -FY pfd' O -c ' THEREFORE, it is agreed betw-en a th he sponde'nt s'all; � ` 1) Pay operational costs in the am.u o : . e ; I S 7 -os-cution of this case. 2) Abate all violations by:JJ S �� ' "� ! s...'...1 ,.-,•„F'; .4--,0,1 kez, o_ eo 1(;c , C y Id;r emi-hs ,.2 co e4- c�•d • acf .t of.t ifiN- K1,, ILtdo s a04-;�1\+5 heA ;r gg o Foe, ...co pQQ.�a., . :a• . r.+ �, 4pptca-1;on 1 s sb ,►46i.t . iQQQ a f • -...,z ,, ts o b 'ai g-, c;C)'Q Z14.; e ci4e, d4 C W i-h-;c� Sik - do s 0-E-I`i� 0 - ,- s-�'-t `-'S le..-�' W i tl I,e i r,pond 'w�-}-;i -E-h� C,� ;� � ' �r �e A a Firm o-F oto�.DO Q do y So'�-r- f- it Nce,{-zee, a-F hot Set .:fs„_ -}` . • , Q.i-� . 1l �K Zio2 cc�q((S hetttU r, Of -F;n of EO.oc a a'{� a( W i-[},;.. 1,(65 O.Le S c 'fh� �'r 2- �i1 ttQ Pee2 4 4 `{ W i(I be i m O c cI u.r r , I ti i°I r.1 4 Q{p d. Pt a=(��nC� -01 It oozs wc++,;n 3dtay of )S ha# in o^ 4 F;ne c-f c De im p®. Thai tnseQ+-f- S�' i% csfti4to 5 0.co QdcifI• wr'f, S � ? w.�h�r ��YS �-{�,:5 �P�e.c.--;;�� 02 � F�� pf �nS•�O 3) Respondent must notify Code Enforcement that the violation has been abated an8 request the / Investigator to come out and perform a site inspection. w;ct 6`k igiVC/C- dt--------ef --...1:75 , rr P�s� � Respondent _ Michelle Arnold, Director 6_,-(f4-4 Code Enforcement Department 3-zz-o7 Date Date REV 7113/07 C. _ x �.e V is 1 I , 3' - , �_ �PlFII.. :. : 3 , : .t r yt! . „ • y , . r h i• � cad=. r� "1 4,, i `Y. ' t' ludita y L i krr,- I _ k12 t 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 P4 a, ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES a U I THIS CAUSE came on for public hearing before the Board on March 22,2007,after due notice to c> N Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact P4 and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 27,2007 and -• as A-' ° furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4205, PG 0803, O 4,5:3 ra4 et. seq.on March 30,2007. czi4 PG E An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on August 7, N 1� 2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. CJ `c H pa C The Respondents appeared in person on August 23,2007and orally made a Motion to Reduce/Abate Fines. . � �• b The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to o correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the • m pq 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 C� F-• which would make the requested mitigation appropriate,and being duly advised in the premises, hereby grants the F-. U said Motion to Reduce/Abate Fines. `rd P4 ad Accordingly, it having been brought to the Board's attention that Respondents have complied with the Ix V 0-4 1Y7 Order dated March 27,2007, it is hereby ORDERED,that the Respondents,Gerald and Elvira Warden,pay no fines,but pay$343.19 for the operational costs 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. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against -)c -ac the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 622 day of f/� '2007 at Collier County, Florida. 'M CODE ENFORCEMENT BOARD - COLLIER CO TY,FLORIDA BY: • Eet....,0'°- Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 • a C STATE OF FLORIDA ) -ac )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, day of ' ,2007,by Sheri Barnett, hair of the Code Enforcement Board of Collier County, Florida,who isrsonally known- or who has produced a Florida Driver's License as identification. l l CHRISTINA LURBANOWSKI NOTARY PUBLIC ,. MY COMMISSION#DD 241717 . �� € EXPIRES:November 22,2007 My commission expires: •.p• Sonded Thru Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER linteen sent by U. S. Mail to Gerald and Elvira Warden,204 Madison Avenue W.,Immokalee, FL 34142 this day of t ,2007. u�;ty of COLLIER M.Jean ' -son, Esq. RE Florida :.ar No.750311 H E E i?Y CE fl :FY THAT this is a true ant+ Attorney for the Code Enforcement Board fita in � 400 Fifth Avenue S.,Ste. 300 it :r,' r,g d ?`apt g�{�€ t,o11■Gr County Naples,Florida 34102 this (239)263-8206 DWIGHT E.:fli i;X,!GLE1K(If COURTS RI ft ;.� D.0 `_R TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jaycees Foundation of Naples, Inc CEB No. 2007-38 DEPT No. 2006070469 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE S Executive Summary 1 Past Orders of the Board 2 3-5 Stipulation 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 2007-38 vs. Plaintiff, Dept. Case No. 2006070469 JAYCESS FOUNDATION OF NAPLES INC DAVID MORAN AS REGISTERE Respondent D AGENT, NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12 Collier County Ordinance No. 07-44,the Code Enforcement Board on the following date,rtidrne appear� Florida Statutes, and below: at a public hearing and place for the violation DATE: August 23, 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: 2424 Davis Blvd. SERVED: Jaycess Foundation of Naples, Inc David Moran as Registered Respondent 9 ed Agent, Inv. Mario Bono, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged documents, witnesses and/or evidence to be relied upon lfo°rr the ates testimony Documents will consist of the original and fifteen copies. y produce any and all the right to be represented by an attorney. Alleged violators have tmony given at the PLEASE TAKE FURTHER NOTICE Requests for Continuances will not received by the Secretary to the Code Enforcement Board at least five to the date set for the hearing, be considered if not e (5) business days IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed at the hearing to include emphasis on Section Eight relating to the appeal prior to your attendance p process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/11/2007 IF YOU ARE A PERSON WITH A DISABILITY PROCEEDING,YOU ENTITLED, WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS THE COLLIER COUNTY ITLED ES NO COST TOT YOU,TO DEPARTMENT ON OF CERTAIN COUNTY OM (239)7744800;IO ERS'OFFICE ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE ASSISTANCE LEASE CONTACT FLORIDA COUNTY COMMISSIONERS'OFFICE 3301 AIRED AVAILABLE TRAIL NAPLES AILABLE IN THE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-38 DEPT CASE NO. 2006070469 Board of County Commissioners vs. Jaycees Foundation of Naples,Inc Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended, Land Development Code, Sections 10.02.06 (B) (1) (a), 10.02.06 (B) (1) (d) and Section 105.1 of the Florida Building Code 2004 Edition. Location: 2424 Davis Blvd.,Naples, FL 34104 Description: Improvement of property without permit. 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 2446, for more information. The Respondent has complied with the CEB Orders as of May 24, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4,160.40.See below. Order Item #2; Order Item #4 Fines at a rate of$100 per day for the period between June 8, 2007—July 16, (38 days) for the total of $3,800.00. Order Item #6 Operational Costs of $360.40 have not been paid. . Retn: BEdDISA MARKU 4030297 OR: 4241 PG: 2446 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RUC FEB 2800 N HORSESHOE DR 35,50 NAPLES FL 34104 06/08/2007 at 01:30PM DWIGHT E. FROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. CEB NO.2007-38 JAYCEES FOUNDATION OF NAPLES, INC. David Moran (Reg.Agent), Respondent FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate of Fact, Conclusions of Law,and Order of the Board, as follows: pr�ate matters,thereupon issues its i—. FINDINGS OF FACT 1. That JAYCEES FOUNDATION OF NAPLES,INC. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,did not appear at the public hearing but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2424 Davis Blvd.,Naples,Florida,Folio 22720480001,more particularly described as Lots 15 and 16,AVONDALE ESTATE,according to the map or plat thereof as recorded in Plat Book 4,Page 45, of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41, the Land Development Code,as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)and the Florida Building Code 2004,Section 105.1 in the following particulars: Improvement of property without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code,as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)and the Florida Building Code 2004,Section 105.1 be corrected in the following manner: 3. OR: 4241 PG: 2447 I. By applying for and obtaining all permits, inspections,and certificate of occupancy required for the improvements of the property within 30 days(June 23,2007); 2. In the alternative, by demolishing the improvements within 14 days(June 7,2007). The Collier County demolition permit has been issued to the Respondent's contractor. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 30days (June 23,2007),then there will be a fine of$100 per day for each day that the violation continues past that date. 4. That, in the alternative, if the Respondent does not comply with paragraph 2 of the Order of the Board within 14 days(June 7,2007),then there will be a fine of$100 per day until the improvements are removed to an appropriate waste disposal facility. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$360.40. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appella es of review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of� Florida. ,2007 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive STATE OF FLORIDA ) Naples,Florida 34104 COUNTY OF COLLIER))SS: The foregoing instrument was acknowledged before me this 2007,by Sheri Barnett,Chair of the Co Enforcement Board of Collier y of personally known to me or � County,Floe... o is who has produced a Florida Driver's License as identi i : 'on. . NOTARY PUBLIC My commission expires: Av, = CHRISTINA L URBANOWSKI {_: a MY COMMISSION#DD 241717 �, EXPIRES:November 22,2007 carded Thru Notary Public Underwriters y �a®u .ou lty of COWER HEREBY CERTIFY THAT this is a true and correct copy at a ocieuc`ant an f4 Itt Board Minutes and R.c,:;70 cf CcIi ar County N7 SS my he; J c;.t^rs, oVic.iiai Sv&} this day of 7. DWIGHT E. 'ROCA, CLERK OF COURTS eta 41• OR: 4241 PG: 2448 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to Jaycees Foundation of Naples,Inc.,David Moran, Reg. Agent, 4762 Capri Drive,Naples,Florida 34103 this_rte day of 2007. / M.Jean R son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 5. BOARD OF COUNTY COMMISSIONERS h'*h` OR: 4241 PG: 2449 **X Collier County, Florida Petitioner, Vs. CEB NO. 2007-38 Jaycees Foundation of Naples DEPT NO. 2006070469 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, DA" Al`"Ai 3-� cogs representative for Respondent and enters into this Stipulation hand of Agreement h self or a� N/�F��S, L Nc • as resolution of Notices of Violation in reference (case) number dated the with 4dall�of County as to the 0 Co „Z40 vic y= 9 •a Y ,..24}977-01 e In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which hearing is currently scheduled for �ac/--q n forwhich to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of 2004-41 of the Land development Code, as amended, section(s) 10.02.06(B)1a and 10.02.06(B)1d and The Florida Building Code 2004 Edition Section 105.1. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$360.40 incurred in the prosecution of this case. 2) Abate all violations as follows: Being in compliance with all Collier County Codes and Ordinances. Applying for and obtaining all permits,inspections, and certificate of occupancy required for the improvements of the property within thirty days(30)of today's hearing OR a one hundred dollar($100)a day fine be imposed until violations are abated OR 65:2 103- Demolishing the improvements within see days.(. 'of today's hearing. Collier County demo permit been issued to the respondent's contractor OR a hundred dollar($100)a day fine be imposed until the improvements are removed to an appropriate waste disposal facility. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. /A-C- /17679 Respondent Michelle Arnold, Director b4 V i 410eAkil Code Enforce ent D partment /z /o7 Q-4(07 Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-38 DEPT CASE NO. 2006070469 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jaycess Foundation of Naples,Inc.,Respondent(s) 2424 Davis Blvd.,Naples,FL David Moran as Registered Agent AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Mario Bono, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 8th, 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 2446,et. seq. 2. That the respondent(s) `' contact the investigator. '^'s 3. That a re-inspection was performed on July 20th,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by July 16th,2007 per the CEB order item 2; obtaining a issued demolition permit. FURTHER AFFIANT SAYETH NOT. Dated July 20,2007 COLLIE' _•UNTY,FLORIDA CODE , O'" EMENT BOARD Mario :ono Code E . cement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t. . . `u-med)and su..• . : .efore ' - this.2j , 3-011 ,2007 by Mario Bono. 4t . _� � _ C ignature of Notary Public) NOTARY PUBLIC-STATE OFFLORIDA ,,,'' Delicia Pulse '"(Print/Type/Stamp Commissioned `Expires: #DD62 011 �'' ` .,'`Expires: JAN, 16,2011 Name of Notary Public) BLADED THRUATLAIITIC BONDING CO,INC, Personally known 'J Rev 2/5/07 7. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-38 vs. JAYCEES FOUNDATION OF NAPLES, INC. 4 David Moran(Reg.Agent), DO N Respondent Ma MI c.a ORDER IMPOSING FINE/LIEN o Q' V AND ORDER ON MOTION TO REDUCE/ABATE FINES -- y.: THIS CAUSE came on for public hearing before the Board on May 24,2007,after due notice to C'▪') ° :r Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact x o " and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 4,2007 and V V w furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4241,PG 2446, CV ra na • 7' x et. seq. on June 8,2007. • x H O An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 20, C.) a. r-i u 0 2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. ti The Respondents appeared in person on August 23,2007and orally made a Motion to Reduce/Abate Fines. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to o - a ° correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(0 the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the :-• time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors i=: which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the O H W l •w N4 said Motion to Reduce/Abate Fines. 'V .-. d a x x v H ra Accordingly, it having been brought to the Board's attention that Respondents have complied with the Order dated June 4,2007, it is hereby ORDERED,that the Respondents,Jaycees Foundation of Naples,Inc.,pay no fines,but pay$360.40 for the operational costs within 48 hours. 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 others real or personal property owned by Respondents. -9c DONE AND ORDERED this g7 day of air ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD cv COLLIER COUNTY, FLORIDA co--) BY: i�� iw. A, Sheri Barnett,Chair 2800 North Horseshoe Drive n Naples,Florida 34104 N dy STATE OF FLORIDA ) r )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this3- day of 2007,by Sheri Barnett, hair of the Code Enforcement Board of Collier County, Florida,who is ersonally known to me or V who has produced a Florida Driver's License as identification. CHRISTINA L URBANOWSKI C� "1"a ;'' ., '__ MY COMMISSION#DD 241717 NOTARY PUBLIC ''f��°1, EEXPIR November 22 Pub u„deM�e 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 toilycees Foundation of Naples, Inc., David Moran, Reg. Agent, 4762 Capri Drive,Naples, Florida 34103 this 2 day of I4/tAS'i" ,2007. State at f LORIUA — 1 ;ounty of COWER /`��1 M.Jean R on, Esq. I HEREBY CERTIFY THAT this Ise true•n0 Florida Bar No.750311 correct ccpy of a aoeument on file In Attorney for the Code Enforcement Board Board pr;irlotme 7 eerps of Collier County 400 Fifth Avenue S., Ste.300 'yy1'dNE ;� tt ; official Seal this Naples,Florida 34102 30 • (239)263-8206 O?�GHT`E BROCK, CLERK OF COURT 4 _ {q� /'� ,�-� I TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carmen Vasa llo CEB No. 2007-46 DEPT No. 2006110408 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, �-. COLLIER COUNTY, FLORIDA, Case: CEB 2007-46 Dept. Case No. 2006110408 vs. Plaintiff, CARMEN VASALLO, 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: August 23, 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: 1013 New Market Road SERVED: Carmen Vasallo, Respondent Inv. 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: 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. 2007-46 DEPT CASE NO. 2006110408 Board of County Commissioners vs. Carmen Vasallo Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, Land Development Code, as Amended, Sections: 10.02.06 (B) (1) (a), 10.02.06 (B) (1) (d), 10.02.06 (b)(1)(d)(i) and the Florida Building Code 2004 Edition, Section 111.1 Location: 1013 NewMarket Road W. Immokalee, FL Folio: 63 852 Description: Non-permitted partition walls, non permitted carport, un-permitted extension to shed with electric with possible use as a living quarter. Past Order(s): On June 18, 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 4251 PG 0935, for more information. The Respondent has not complied with the CEB Orders as of June 18, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 2,843.66.See below. Order Item #1; Order Item #5 Fines at a rate of$100 per day for the period between July 3, 2007—July 15, (13 days) for the total of $1,300.00. Fines are still accruing. Order Item #3; Order Item#7 Fines at a rate of$100 per day for the period between July 3, 2007—July 15, (13 days) for the total of $1,300.00. Fines are still accruing. Order Item #10 Operational Costs of $243.66 have not been paid. 1 4040258 OR: 4251 PG: 0941 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/29/2007 at 08:47AM DWIGHT B. FROCK, CLERK REC FEE 27.00 Retn: CODE ENFORCEMENT BOARD CODE ENFORCEMENT COLLIER COUNTY,FLORIDA 2800 N FL 34104 DR NAPLES FL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-46 vs. CARMEN VASALLO, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,and the Board,having he and testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Carmen Vasallo is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1013 New Market Rd. W.,Immokalee,Florida,Folio 63852560007,more particularly described as Lot 1, Block 10,NEW MARKET SUBDIVISION, according to the Plat thereof recorded in Plat Book 1, Pages 104 and 105 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), and 10.02.06(B)(1)(d)(i)and The Florida Building Code 2004 Edition, Section 1 1 1.1 in the following particulars: Non-permitted partition walls,non-permitted carport,non-permitted extension to shed with electric and possible use as a living quarter. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)and The Florida Building Code 2004 Edition, Section 1 11.1 be corrected in the following manner: I. By submitting a complete application for all Collier County building permits within 14 days (July 2, 2007) and by pursuing the application process with due diligence until the permits are obtained. 3 . OR: 4251 PG: 0942 2. Upon receipt of the permits, by requesting inspections and by obtaining a Certificate of Completion within 45 days of the time the permits are issued. 3. In the alternative, by obtaining a Collier County demolition permit within 14 days(July 2,2007). 4. If a Collier County demolition permit is obtained,by requesting all required inspections and by obtaining a Certificate of Completion within 14 days of the day the permit is obtained. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (July 2, 2007), then there will be a fine of$100 per day for each day until the application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 45 days of the time the permits are issued,then there will be a fine of$200 per day for each day until the violation is abated. 7. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within 14 days(July 2,2007),then there will be a fine of$100 per day for each day until the permit is obtained. 8. That if, in the alternative,the Respondent does not comply with paragraph 4 of the Order of the Board within 14 days of the day the permit is obtained,then there will be a fine of$200 per day for each day until the Certificate of Completion is issued. 9. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$296.05. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this . 7 day of J� � ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: l�?� Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Florida 34104 ) SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7 day of _AV) 2007, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who personally known to me or L.'who has produced a Florida Driver's License as identification. 4,0 >Y KRIE rTs;NHoLToN ' �t: MY CO A4MISSION#DD 686595 NOTARY PUBLIC' ra EXPIRES:June 18,2011 My commission expires: grF;. Boni:1-1 ':c3ryru!;;ir:U dewrriiers '1 r1 • r C�V ?rte*S'1 .1ou:zy cif COLLIER I HEREBY C :r ,--.,1 r{ Th l f ' rfLG CECorryct Baard County OWi' E. CROCK\r/-. LE:1K O F.COURTS WIC t'—(--4-"g6 D.a _. *** OR: 4251 PG; 0943 * ->k CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h been s t by U. S. Mail to Carmen Vasal lo, 1013 New Market Road W.,Immokalee,Florida 34142 this( 1 a,of Q_2007. M. Jea 'Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-46 DEPT CASE NO. 2006110408 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Carmen Vasallo,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 June 18th, 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 4251 PG 941, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on:July 2nd,2007 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was NOT in compliance by: The respondent did not comply with Order 1.of Code Enforcement Board which stated respondent must submit a complete application for all Collier County Building Permits within fourteen days of the hearing(July 2n1,20O7. In the alternative the respondent also did not comply with Order 3. of the Code Enforcement Board in which the respondent also did not obtain a Collier County Demolition Permit within the fourteen days(July 2nd, 2007)as ordered by the Board. .. FURTHER AFFIANT SAYETH NOT. DATED this 2nd day of July, 2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER Thomas Keega Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 2nd day of July 2007 by Thomas Keegan. — /. NOTARY ign, re o o -t . ///, _ -STATED � . �'ublic) ,,«��.,,,� Fi�►RIDA K.A. Van Slckle rommission0DD618488 REV 2/23/2006 1 .gyp Expires NOV 29 2010 9TUNIICBMINGCO,INC. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-46 vs. CARMEN VASALLO, Respondent OO cV ORDER IMPOSING FINE/LIEN 0. C-) THIS CAUSE came on for public hearing before the Board on June 18,2007,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 27,2007 and c) av furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4251,PG 0941, et. seq. on June 29,2007. r_. (7 f 4 cv A An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on July o U • • a 2,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. C Qo • o Accordingly, it having been brought to the Board's attention that Respondent has not complied with the • ° Order dated June 27,2007, it is hereby 4-, ° ORDERED,that the Respondent,Carmen Vasallo,pay fines in the amount of$1,300 for the period July f_l ev q ° 3,2007 through July 15,2007(13 days)at a rate of$100 per day,plus$243.66 for the operational costs for a total of • M U aD c4 a $1,543.66. 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 0 Florida Statutes. Pu E-. U r.J Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of tea ,-. 4) °I x F4 the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate tlC U -- P4 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 a) day of__ f ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C UNTY, FLORIDA BY: • Sheri Barnett, Chair 2800 North Horseshoe Drive Naples,Florida 34104 -3,c an STATE OF FLORIDA ) N )SS: Cy-) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me Chia day of , `Pe ,2007,by Sheri Barnett, air of the Code Enforcement Board of Collier County,Florida,who is rsonally k : e rte— or who has produced a Florida Driver's License as identification. 4MY•^y' CHRISTINA L URBANOWSKI TARP PUBLIC _.E :. MY COMMISSION 4 DD 241717 e EXPIRES:November 22,2007 My commission expires: ''�F•,of�.°: Notary PJbIIC Underwriters 34 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carmen Vasallo, 1013 New Market Road W., Immokalee, Florida 34142 this 2" day of US+- ,2007. M.Jean son, Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 (239)263-8206 : tare °i F t.t;MtUA ounry of COLLIER I H R 3Y CERTIFY THAT this Is a true and cors'; t Croy of a c,Rgirr nt on,file In E3 arJ . nlutcs a 1.F cera'taf Collier Count, m ;:.-1. o I seal this V. Gay e l 1 • DWIGHT E. ;ROGI ;•CLERK OF COURTS 0 , TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Scott C. and Tammy S. Furst CEB No. 2007-59 DEPT No. 2006090121 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: 2007-59 Dept. Case No. 2006090121 Plaintiff, vs. SCOTT C. AND TAMMY S. FURST, 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: August 23, 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: 111 Pebble Beach Blvd., Naples, FL 34113 SERVED: Scott C. and Tammy S. Furst, Respondent Mario Bono, 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:7/17/2007 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. 2007-59 DEPT CASE NO. 2006090121 Board of County Commissioners vs. Scott C. and Tammy S. Furst Respondent(s) Violation(s): Violation of Ordinance(s): 2004 Florida Building Code, Outdoor Swimming Pools, Sections 424.2.17.1.1 through and 424.2.17.1.14 Location: 111 Pebble Beach Blvd.,Naples Fl 34113 Folio# 54951740005 Description: No permanent protective barrier erected around perimeter of pool. Past Order(s): On June 18, 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 4251 PG 0932, for more information. The Respondent has complied with the CEB Orders as of June 18, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 629.17 See below. Order Item#2; Order Item #4 Fines at a rate of$ 200 per day for the period between July 16, 2007-July 18, 2007 (2 days) for the total of$ 400. Order Item#6 Operational Costs of $ 229.17,have not been paid. 2. 4040255 OR: 4251 PG: 0932 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/29/2001 at 08:47AN DWIGHT B. BROCK, CLERK REC FEE 27.00 Retn: CODE ENFORCEMENT BOARD CODE ENFORCEMENT COLLIER COUNTY,FLORIDA 2800 N HORSESHOE DR NAPLES FL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-59 vs. SCOTT C. AND TAMMY S. FURST, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: FINDINGS OF FACT ^ I. That Scott C. and Tammy S. Furst are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 111 Pebble Beach Blvd.,Naples, Florida,Folio 54952840005 more particularly described as Lot 2, Block 10,LELY GOLF ESTATES,Unit No.2,according to the Plat thereof recorded in Plat Book 8, Page 58 of the Public Records of Collier County, Florida is in violation of The 2004 Florida Building Code, Outdoor Swimming Pools, Section 424.2.17.1 through 424.2.17.1.14 in the following particulars: No permanent protective barrier erected around perimeter of pool. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of The 2004 Florida Building Code, Outdoor Swimming Pools, Section 424.2.17.1 through 424.2.17.1.14 be corrected in the following manner: 1. The Respondent has obtained a permit to erect a permanent protective barrier around the pool on June 15,2007. OR: 4251 PG: 0933 2. By obtaining all inspections and certificate of completion within 30 days of the issued permit(July 15, 2007). 3. The temporary barrier must be maintained until the permanent protective barrier is erected. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 30 days of the issued permit(June 15,2007),then there will be a fine of$200 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$229.17. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 7 day of Cj,vr,ti ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA 7 BY: ..,. �u4� >✓ )Gtc-,u Sheri Barnett,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) n ) SS: COUNTY OF COLLIER) ,��. The foregoing instrument was acknowledged before me this/ day of I1..r' , 2007,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or 'who has produced a Florida Driver's License as identification. Uil_i +4E-C-411- -N-\ KRISTINEHOLTON NOTARY PUBLIC 447 dih.`°`- MY COMMISSION#DD 686595 I My commission expires: I-i EXPIRES:June 18 2D11 j of�:Q;:°� Bonded Thru Notary Public Undtuvdri;6" _I ''�-cs':`x . ate Ca FLORIDA ;aunty of COLLIER HEREBY CERTIFY Tr 1'ThisIS3 true a+ !orr'CL copy or n t?t et4ant 'o4•,,file. in oa di M i nu os 1 -:,f' s,.:.4o 1 ref,` ;Uiirbr County Of'ITN) SyS my P At'.`;r4`�..c�„G ' € ,l'$C this aV td+:!y (,f Tk..L Q ilk I•Ff E. 8R* . RK F400, URIS Iln. '' • 4' . * OR: 4251 PG: 0934 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hubeen sent y U. S.Mail to Scott C. and Tammy S. Furst, 111 Pebble Beach Blvd.,Naples,FL 34113 this a—��ddy of ,2007. M.J a awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 j. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-59 DEPT CASE NO. 2006090121 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Furst,Scott C and Tammy S,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Mario Bono, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 6-29-07, 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 4251 PG 0932, et. seq. 2. That a re-inspection was performed on 7-16-07. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken CEB Order 2 stating Respondents obtain all inspections and certificate of completion within 30 days of the issued permit;June 15,2007 and July 16,2007 rezpectively. FURTHER AFFIANT SAYETH NOT. Dated 7-16-07. COLL Iv ' CO TY, FLORIDA CODE NFO: MENT BOARD Mario ':ono Code En o cement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t• or • ' .-.• Tubs -• •e ore • e this 1`i -z o c7by (V (Si�ature of Notary P077 NOTARY PUBLIC-STATE OF FLORIDA , Delicia Pulse Commission#DD629723 (Print/Type/Stamp Commissioned 'Expires: JAN. 16,2011 Name of Notary Public) BONDED THRU ATLANTIC BONDING CO.,INC. Personally known REV 3-14-05 Y�. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-59 DEPT CASE NO. 2006090121 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Scott C and Tammy S Furst,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Mario Bono, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 6-29-07, 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 4251 PG 0932, et. seq. 2. That the respondent, . contact the investigator. 3. That a re-inspection was performed on July 19th,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by July 18th, 2007. FURTHER AFFIANT SAYETH NOT. Dated July 19th,2007 COLLIE' _e. TY,FLORIDA CODE OR■EMENT BOARD Mario Bons Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn • • . --dam; . .;. before me this /9 , MUA.( ,2007 by Mario bono. APA signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA 'a Delicia Pulse (Print/Type/Stamp Commissioned , `Commission#DD629723 Name of Notary Public) BONDED THRQ ATLANTIC fires: JAN.c6,2011 Personally known I Rev 2/5/07 �- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-59 vs. SCOTT C.AND TAMMY S. FURST, y O Respondents MA D. I ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on June 18,2007,after due notice to NRespondents at which time the Board heard testimony under oath,received evidence, and issued its Findings of Fact M ° r.c ,x • and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 27,2007 and ■ rx a Gs. ° furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4251,PG 0932, N et. seq.on June 29,2007. O F- ,y_ An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 19, w a A .f5 2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Cr II g.;-: czy The Respondents appeared in person on August 23,2007and orally made a Motion to Reduce/Abate Fines. ee _ v The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to 0 N o = correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the p• o a 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 a .b. which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the x au said Motion to Reduce/Abate Fines. H P.- �t O 0 cr c— MI F F. Accordingly, it having been brought to the Board's attention that Respondents have complied with the ar a :-1 [Y. Order dated June 27,2007, it is hereby ORDERED,that the Respondents, Scott C. and Tammy S.Furst,pay no fines,but pay$229.17 for the operational costs 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. 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. -jc c-- DONE AND ORDERED this O day of ,2007 at Collier County, Florida. C"V r+� CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: .�.�.GZ.• Sheri Barnett,Chair c---v 2800 North Horseshoe Drive Naples,Florida 34104 0 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -9c The foregoing instrument was acknowledged before me this, dray of �`� ,200 ri Barnett, hair of the Code Enforcement Board of Collier County,Florida,who is `pelsonally known to or V who has produced a Florida Driver's License as identification. CHRISTINA L URBANOWSKI 3.„=; ;*_ MY COMMISSION#DD 241717 \`J' -�', = EXPIRES:November 22,2007 NOTARY PUBLIC •' F• fF`I• ts Bonded Thru Notary Public Underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Scott C. and Tammy S. Furst, 1 11 Pebble Beach Blvd.,Naples, FL 34113 this 2,844—day of gU1St ,2007. :ounty of COLLIER M.Jean son,,Es .� 9 HEREBY CERTIfY THAT this is a true and Attorney gar No. 750311 � Attorney for the Code Enforcement Board c C'! nr a goc►si7 Ct�,t on,fi:e In 400 Fifth Avenue S., Ste. 300 r r ni.x.ords'o! Collier County Naples, Florida 34102 'Iry ITcs rrr ;, ;, ;,o"Orficiat:seal this (239)263-8206 0 HT E. 13RO(K;CLERK OF:000RTS au: < Q.C., _ 71_ Memorandum 'fit TNA To: Code Enforcement Board From: Michelle Arnold, Director Date: August 7, 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 Jean-Baptist Lamour 2005-05 3/30/2005 5/29/2005 $0.00 $377.01 $277.01 C 5/19/2005 Raul and Carmen Dimas 2005-06 3/30/2005 5/29/2005 $0.00 $442.29 $140.00 C 4/11/2005 Worthwhile Development 2006-42 8/24/2006 9/28/2006 $6,000.00 $0.00 $6,000.00 C 12/19/2007 Jesus and Laura Perez 2006-45 9/28/2006 10/20/2006 $1,200.00 $0.00 $1,200.00 C 11/14/2006 Terry Hernandez and Brian Fultz 2006-66 10/26/2006 11/25/2006 $1,000.00 $0.00 $1,000.00 C 12/7/2006 Code Enforcement Department Y , , COLLIER COUNTY CODE ENFORCEMENT BOARD RTILES AND REGULATIONS __ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II. Jurisdiction The Board 1 , has jurisdiction over those matters which are set forth in all ordinances County, Florida. of Collier ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair permanent members. There shall also be a Secret o and Vice-Chair, both of whom shall be Collier County, Florida. aty to the Board who shall be an employee of Section 2. The Chair shall preside at all meetings have the duties normally conferred byparliamentary and hearings of the Board and shall ary usage of such officers. Section 3. The Chair shall have the privilege of discussin and shall have the same voting rights as all Board members, gall matters before the Board Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates ma although the alternates may not serve as officers. YPanc��pate in the election process and vote, ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the • the l organization meeting in March of each year, and the election shall be held immediately Section 2. A candidate receiving a majority vote shall be declared a term of one(1)year, or until a successor shall take office, elected and shall serve Section 3. Vacancies in the position of Chair or Vice-Chair shall be regular election procedures. filled immediately by Section 4. The Chair or Vice-Chair may remo with or without cause, ved by a super majority of the Board ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven alternates. An alternate shall be designated to fill an (7)members and two(2) full voting rights. Y regular member vacancy at any meeting with Section 2. Regular Meetin held at least Section 2. on the fourth gs. Regular meetings ofthe Code Enforcement Board shall be Y urth Thursday,and/or at other times as needed, and determined by the Board, in the Collier County Commission organizational matters at 9:00 A.M. Chambers' The Board may begin its meeting to conduct � A.M. and the public portion of the meeting shall commence at 9:30 Section 3. Special Meetings. Chair upon giving notice thereof to each other member meetings the Board oo by by may be convened by the least three(3)members of the Code Enforcement Board written notice signed by at Section 4. Notices. a. Notice of a Special Board meeting shall be v least forty-eight(48)hours in advance of the meeting. � � to all Board members at future meeting date. g At any meeting,the Board may set a Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)out of three(3)successive board meetings a satisfactory excuse,he/she may forfeit his/her appointment. without c. Attendance shall be in person and may not occur through electronic medium. any form an of Section 5. Quorum. A quorum of the Board shall consist of four(4)members mbersandan 2 • affirmative vote of a majority of those present and voting shall be adopt any order. For example, if four members are present, affirmative vote of three of those recess members present shall be sufficient to take Board action. to pass any motion or Section 6. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, (or� group). �', and may be recorded by individual b. Each member present shall cast except that if any member has a personal interest in a vote matte,each or she shall abstain the Board, Participation as a member of the Board in that matter. or she shall abstain from Section 7. Records. All regular and special meetings,hearings, to the public, arings,and records shall be open Section 8. Procedure. Pazliamen Robert's Rules 8. Order, as duce. yproCedure in Board meetings shall be governed by amended, and by the Rules and Regulations contained herein. ARTICLE VI Order of Business 1. Roll Call • 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions a. Non Contested Cases b. Contested Cases by and present at the hearing c. Cases of Respondent o resat thpresent at the hearing 5. New Business hearing 6. Old Business 7. Reports 8. Comments 9. Next Meeting Date 10. Adjourn The order of business may be suspended by a vote of the majority present. b 'ori ty of those members 3 ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Investigator filing an Affidavit of Violation, which shall include a Y Code the facts a d circumstances of the alleged violation and shall identify statement of the facts and violated with the Secretary to the Board. No member of the Board or which has been Board. may initiate action before the Section 2. The Secretary to the Board shall schedule a hearing, assign a file number to each case and Section 3. The Secretary to the Board shall Section Violation and a copy hall send out a Notice of He certified mail,return py of the Rules and Regulations to the alleged wring violator by with r turn receipt requested,hand delivery S violerty and e then courthouse, or in any manner authorized as provided b a PAY,posting on the property and at the Enforcement Board. The Secretary y the Ordinance establishing Investigator and the The �'to the Board shall provide Notice to the Code Enforcement the Code alleged violator as herein provided at least ten(10)days a which the alleged violator's case will be presented to the Board. A c(o ) Prior to the hearing at to the attorney for the Board, copy of said Notice shall be sent Code Enforcement Investigator the nvoly of the Code Enforcement Investigator involved,Bator involved. and the Section 4. The Notice of Hearing to provide an earing shall inform the alleged violator that he or she is distribution to to provide an Members answer/response packet of information to the Secretary to the shall submit the charging prior to the Board Hearing. The Code Enforcement Investigator Sing packet ofinforrnation detailing the alleged violation(s)to the Secretary the Board for distribution to the Board Members at least five(5) business In order to have the of information submitted to the Board Members,the alleged viola or shall submit fifteen(15) copies of his or her information to the Secretary to the days prior to the scheduled hearing. The Secretary Board five (5)business Board Members not later than three (3) �'t° the Board shall distribute the packet to the Investigators charging ( ) days prior to the hearing. Sing packet shall be delivered to the alleged violator ngCwith the of Hearing. The Secretary to the Board shall not deliver the charging until he or she receives the alleged violator's answer/response pacetpor packet n the the Board Members the alleged violator's packet of information must be received by the Secretary deadline by which passed. lithe alleged violator timely delivers his other �e�Y to the Board has the Board, the Secretary to the Board shall deliver all packets together. e packet to the Secretary to Section 5. In emergency situations, the timelines set abbreviated or ignored to address the alleged violation in order to avoid d in this paragraph and welfare of the citizens of Collier County, Paph can be further damage to the health, ty, Florida. 4 ARTICLE VIII • Prehearin Procedures Section. 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are conference one(1)hour prior to the scheduled he encouraged may occur: hearing. At the reh g� f to have a prehearing P Ong conference the following a. The Respondent/alleged violator may be asked if he/she wishes violations. If so, the case shall be placed on the agenda as u a contest the b. stated in Article VI, Subsection 5. The parties may stipulate to an agreed Order, to be approved by r c. The parties may stipulate to any facts, exhibits or evidence to be inn Btroducuc ed into the d. record, which are not in dispute. i d. The names and addresses of witnesses to be called will be exchanged. Any facts or evidence stipulated to shall be presented to the B prehearing packets or agreements Board Members along ements either party intends to provide to the Board M g any Section 2. Prehearing embers. g Motions. Any motion for any reason to be filed b shall be delivered to the Board's Attorney or the Boards Secretary Y the alleged violator or the Code Enforcement Investigator counsel, if applicable, at least five (5) business � �'and the o motion counsel, if provide the Board's Secretary 5 days prior to the he opposing party,nfi filing th their Attorney will then distribute the motions to fifteen (15) copies of e motion.�,°�n fiBoard's g the Attorney requirements ey will set forth in e Board Members. The Board in this paragraph under exceptional circumstances. may waive the cumstan ARTICLE IX He�arin�s Formal rules of evidence shall not 1 The Board is without jurisdiction apply, but fundamental due process shall be observed. provision of the without dao o hear any statement, argument United States or State of ordinances Florida Statutes,n o unenforceable due ton�ct wievidence nsa.�o that the United States s court a of Florida,F administrative agency regulations, °f the Board: The following procedures will be observed at hearings before the a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement. b. Where notice of hearing Respondent as provided herein a aarm has been provided in accordance with Section 162.12, the hearing may proceed in the absence of the Respondent. 5 c. The Secretary to the Board shall read the statement of violation against violator. gait the d. The Respondent/alleged violator shall state his/her full legal name,mailing physical residence. a11�ng address e. If the Respondent/alleged violator appears by a person other than an attorney,should complete the attached Durable Special Power of Attorney form y' the the hearing. Y rm and present it at f. Presentations of a case may be limited of all witnesses. If the Respondent bellieve�tha�ddi�onal minutes per P Pd,h,/she shall notify the Board Secretary prior to the scheduled hearing. is required,he/she shall g. Any evidence which is sought to be introduced by a party during the presentation may be objected to by the opposing party's discretion of the Board. If the Board allows the evidee Whether ece s or coast evidence shall be at the evidence may be granted by the Board. continuance to examine said h. All persons appearing before the Board shall be sworn in. i• Each side shall be County shall present its cash and be permitted to make brief opening statements, if requested. The shall have shall opportunity Respondent/alleged violator.shall present his/her.case. Both PP rtunity to cross-examine all witnesses, parties j. Members of the public may testify and provide relevant evidence to a violation has or has not occurred. Testimony of members of the public may be limited po no more e than five(5)minutes unless extended by a majority vote of the Board. Members to public more be required to pre-register to speak. of the public may k. The Board or its attorney may question any witness(es) or call any witness(es) necessary. Y ess(es) as 1. The right of the parties to present rebuttal evidence is discretion in. Upon completion of all the evidence, each side may be ���the Board. closing arguments and the Chair shall close the hearing. Y Permitted to make brief n. The Board shall deliberate in open session before the public and determine the County has proven by competent substantial evidence that a violation has occurred. whether determines that a violation has occurred, wed. If the Board and potential fines shall be appropriate.�if shall d does note and determine what charges shall be dismissed, find that a violation has aurre relief occurred,the o. The Board, upon finding a Respondent in violation, shall issue an oral Order Comply, setting a date certain for compliance. The Order shall contain Find' to Conclusions of Law and state the affirmative relief granted by the Board. The Board s may Fact and may include in 6 • • such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine,if any, the Board shall consider the following factors:(1)the gravity of the violation;(2)any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and(4)any other relevant factors. Such fine shall not exceed Two Hundred Fifty Dollars($250.00)for each day the violation continues past the specified compliance date and Five Hundred Dollars($500.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator maybe ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10)days. p. In the event the violation is a violation described in Section 162.06(4),Fla.Stat.,the Board may direct the local governing body to make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may request a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Request for Rehearing(may be in the forms of Exhibit"A")shall specify the precise reasons thereof A Request for Rehearing shall be in writing and sent to the Secretary to the Board within ten(10)days of the date the Order is received • by the party,but in no event more than twenty(20)days from the date of mailing of the Order. The • Order.of the Board shall be stayed and the time for taking an appeal tolled until the Request for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty(20)days from date of the mailing of the rehearing decision. • r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may:(1)Schedule a hearing where the parties will be given the opportunity ofpresenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or(2) Modify or reverse its prior Order,without receiving based on a finding that the prior decision of the Boarfurther sulted from a ruling on that quese change is which the Board has been informed,was an en-oneous ruling, g question of law s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo(a new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. 7 • • ARTICLE X Enforcement Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall_file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A co violator by regular copy of said Affidavit shall be sent to the y egular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3 A request for a reduction/abatement of fines maybe in the form of a Request to Impose Reduce/Abated Fine. The Request should contain the following information: (a)name, and address of named Respondent;(b)names of all owners of the property violation; (c) physical address of subject property; p per'which is the subject of the abatement of violation and date of abatement; (In the (d) that the violation cannot be abated b f Respondent, the Respondent shall include in the Request to Reduce/Abate Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect . Respondent believes warrants a reduction or abatement of fines;effect); (f) o mitigating factors may e considered by the Board; (h) signature of Respondent; and(i) all supporting documenttaation.aThe Respondent should provide the Secretary Reduce/Abated Fine, attaching all supprting to documentation. Section (15) copies of the Request to Section 4 The Board shall determine the amount of operational costs and/or fines as applicable to be imposed and the Respondent shall receive a notice of the said Hearing. In determining the amount of the fine, if any,the Board shall consider the following factors: (1) the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator; and(4)any other relevant factors. Such fine shall not exceed Two Hundred Fifty Dollars ($250.00) for each day the violation continues past the specified compliance date and Five Hundred Dollars($500.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator maybe ordered to pay any operational and/or prosecution costs incurred. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. 8 ARTICLE XI Reduction of Fines Prior to Im osition of Fine Section 1. The Board will only consider written request for a reduction must state reasons for reduction and must including supporting on firs The consideration as no further testimony from or in behalf of the violator wil be considered.lion for Board to Reduce/Fines may be made after a violation has been abated, rte.A Request abated,after a diligent attempt to abate the violation in accordance with the violation Order has been n made. Under no circumstances may a Request to Reduce/Abate Fine be made after e Order oar bhas authorized foreclosure by the County Attorney's Office. the Board has Section 2. Upon the proper filing of a Request, the Secretary to the Board shall set the Request on the next available agenda of the Code Enforcement Board. The failure of to comply with the 1equirements set forth above may be grounds for dismissal of the Request Respondent Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to the another request accordance with these Rules. spondent to file Section 3. Upon the proper filing Board may consider the followin factors: of�eRequest to Impose A Reduced/Abated Fine, the Respondent to correct the violation; (c) whether there were previous v to n, (b) actions taken by the olations committed by the violator; (d)the cost upon the violator to correct the violation; (e)the reasonable time correct the violation; (f)the value of the real estate compared to the amount of the fine/lien; (g)any to hardship the fine/lien would cause on the Respondent; (g)tie sp Enforceirient to have the violation corrected and(i)any other the time and cost incurred by Code requested mitigation appropriate. () Y equitable factors which would make the Section 4. The Respondent shall have the burden ofproof to show why a fine/lien should reduced or abated. The hearing shall be conducted according to Article IX of these °ere applicable. Rules,where • Section 5. If a reduction is unless otherwise specified in the order,�un the reduced fine must be paid within thirty(3 0)days, plan.. If payment is not made within the specified time, the lfine shall evert to the original installment mou The Order shall be reduced to writing and a certified copy of the Order shall be amount records and thereafter shall constitute a lien against the land on which the violation exists in the upon any other real property or personal property owned by the violator. e�usts and Section 6. The Board will not re-hear a request for reduction of fines once a decision been reached on a previous request for reduction of fines. has Section 7. The Board's decision to grant or deny Fine/Lien shall be reduced to writing and a certified copy of an Order oimposing O der Imposing recorded in the public records and thereafter shall constitute a lien against fine shall be violation exists and upon any other real roe gauist the land on which the property rty or personal property owned by the violator. Any 9 • • aggrieved party may appeal a final order to the Circuit Court within • thirty of the Order appealed. An appeal shall not be a hearing de novo(new ri O)d but shoall e bexe rotten to appellate review of the record created. Filing an Appeal shall not sta y the she limited e Board's Order, ARTICLE X i • Recarddiin De der Section 1. A certified copy of an Order imposing a fine shall be - • records and thereafter shall constitute a lien against the land on which the violation ex-in the and public any other real property-Or personal property lotion exists and upon Fines/Liens rendered after April 16, 1 99,the Order, hen properlyrecordFo s all Orders s p Imposing • interest on such property of any owner lessee,tenant,mart recorded,shall be superior to the : County taxes,and shall be coequal with county taxes: Upon etition to the Circuit Court-such lien of may be enforced in the same manner as a court judgment nrt,-such Order against personal property, d gment by the sheriffs of this State,including levy p perty, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes compliance or until judgment is rendered in a suit to foreclose on a lien filed into ordinance, whichever comes first. After three(3)months from the filing of any such lie • Punt to the remains unpaid,the-Board may authorize the attorney representin the n,-weicn the lien. No lien created.. representing Commission to foreclose on homestead under Section 4,ArticletX of the Florida Constitution. • • . Section 2. -No lien provided under this ordinance shall continue for a eriod to t venty(20)-years after the certified copy of an Order Imposing a Fine has been p nger than 'within that time an action to foreclose on the lien is commenced in a court of coetentrd unless - In an action to foreclose on a lien,the revailin ��etiOII• • P prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. • ARTICLE • Miscellaneous Section 1. These Rules and Re . statutes and county n 1. ordinances ations maybe revised and adopted consistent with state full Boar nuances during a regular meeting y the affirmative vote of a majority of the .. Board, including alternates,provided notice of a proposed change is given to the Board at a preceding.regular meeting. Section 2. - No Board member shall knowingly discuss any case with any alle or with each other or with any other interested y g�violator Board. party prior to the final resolution of the case by the • Section 3. In the event a violation is occurring on preperty and/or'in which there is a tenant and there is the potential that the other property lt owner(s)'ownership tenant(s)'interest will be affected by the Board's decision,the Code Enforcement Investigator� s), or g or may 10 • include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties shall be permitted if the non-party's interest will be affected by the Board's decision. Section 5. The Board,at its discretion,may ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS,As Amended, ARE HEREBY APPROVED this a8' day of ppezL ,2005. COLLIER COUNTY CODE ENFORCEMENT BOARD k �j � /ice_ // � � . Cliff r hair Geor • ,.Ponte Raymond J.Bowie,Vice Chair raid J.Lef• (17A1\ IC Sheri Barnett Richard Kr ing,Alternate Vacant Position(Regular) Vacant Position (Regular) Vacant Position (Alternate) 11