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Backup 09/27/2007
2007 Code Enforcement Board Backup Does September 27, 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: September 27,2007,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—August 23,2007 4. PUBLIC HEARINGS A. MOTIONS Motion for Rehearing 1. BCC vs.Rock Oil Company CEB 2007-51 B. STIPULATIONS 1. BCC vs.House of Flats,Inc CEB 2007-78 2. BCC vs.Madeline Santil/Elie Djoodmy CEB 2007-90 C. HEARINGS 1. BCC vs. Steven Profaca CEB 2007-67 2. BCC vs.Robert A. Mitchell CEB 2007-74 3. BCC vs. Mercedes F. Llosa CEB 2007-75 4. BCC vs. Carlos A.Vallejo CEB 2007-81 5. BCC vs. Deonarine Enterprise,Inc CEB 2007-83 6. BCC vs.AM South Bank CEB 2007-84 7. BCC vs.AM South Bank CEB 2007-85 8. BCC vs.Alan J. Vincent TR CEB 2007-91 9. BCC vs. Ray Muslimani CEB 2007-92 10. BCC vs.Ann Norman CEB 2007-93 11. BCC vs.Anthony Gualario CEB 2007-94 12. BCC vs. CS Partnership CEB 2007-95 5. OLD BUSINESS A. Request for Imposition of Fines/Liens 1. BCC vs.Frank Fernandez CEB 2007-22 2. BCC vs.Roilan Perez CEB 2007-37 3. BCC vs.Horse Creek Partners,LTD CEB 2007-41 4. BCC vs.Francisca Alas CEB 2007-49 5. BCC vs.Jose and Carmen Martinez CEB 2007-50 B. Request for Foreclosure Authorization 1. BCC vs.Diana Hall CEB 2003-36 2. BCC vs.Manuel Pacacios CEB 2003-52 3. BCC vs.Thelma Novelo CEB 2004-07 4. BCC vs. Paul and Kelly Byrd CEB 2004-10 5. BCC vs. Seven Stores LTD CEB 2004-35 6. BCC vs.Leobardo and Maritza Guitierrez CEB 2004-48 7. BCC vs.Debbi J. Maschino CEB 2004-51 8. BCC vs.Juan and Armandina Flores CEB 2004-53 9. BCC vs. Wind Dancer Airboat Tours CEB 2004-76 10. BCC vs.Ralph and Jean Taylor CEB 2004-75 11. BCC vs.Ernestina Sacca CEB 2005-13 12. BCC vs. Rolando Salazar CEB 2005-25 13. BCC vs.Amerada Hess Corporation CEB 2005-38 14. BCC vs.Jose and Lester Aguilar CEB 2006-25 15. BCC vs.Dalila Grimaldo CEB 2006-37 16. BCC vs.J. H. Prettyman CEB 2007-11 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE-October 25,2007 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 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 WILLIAM J.DEMPSEY JOHN D.KEHOE BOARD CERTIFIED REAL ESTATE ATTORNEY BOARD CERTIFIED CIVIL TRIAL ATTORNEY STANLEY A.BUNNER,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, Clay C.`Brooker For the Firm cc: Client M. Jean Rawson, Esq. F:Iwpdocs\LIT\CCB\Rock Oil\Correspondence\CEB secretary Itr 7-2-07.wpd ! _ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: 2007-51 Dept. Case No. 2005090608 Plaintiff, vs. ROCK OIL COMPANY R/A: CT CORPORATION SYSTEM, Respondent / NOTICE OF REHEARING 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: September 27, 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: 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 CEB CASE NO.2007-51 vs. DEPT CASE NO.2005090608 Rock Oil Company R/A: CT Corporation System,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 The Collier County Land Development Code,as amended, section 5.06.04(C)(8)(c) 2. Description of Violation: The prohibited existence of color accent banding on gasoline station canopy structureas well as the service station structure. 3. Location/address where violation exists: 4648 Tamiami Trail North Naples,Fl 4. Name and address of owner/person in charge of violation location: Rock Oil Company, 50 South Bemiston Avenue Saint Louis,MO 63105-3306 5. Date violation first observed:September 15th,2005 6. Date owner/person in charge given Notice of Violation: September 23rd,2005 and December 15th, 2006 7. Date on/by which violation to be corrected:October 9th,2005 and December 31g,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,'or a public hearing. Dated this 20th. day of March, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER g0TARY , Shirley 14. Garcia �����J #COMIT BSIOn#Y��1305 Sworn to(or affirmed)and subscribed before thi pday of_4�wu�2007 by ' )1Valt, �� � 4 i1es DEC. 21, 2009 0-mon Vit#tA11g'10tF4mai gCa.,inc. Signatur o tary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 2 i if , "� _ '=' Case Number:2005090608 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION ner: C T Corporation System Date: 12/06/06 Investigator Azure Sorrels k R/A for Rock Oil Company Phone: 239-403-2455 [Property Owner] Site Gas Station [Business] Zoning Sec 15 Twp 49 Rng 25 Dist Mailing: 1200 South Pine Island Road Legal: Plantation, Fl 33324 Block 1 Lot 16-18 >ubdivision Location: 4648 Tamiami Trail North Folio 63400200007 Naples, FL OR 1299 Page 880 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35,as amended,you are notified that a violation(s)of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. Remove red and blue accent striping from fascia and repaint the ID Ord No. 04-41,as amended Section 5.06.04(C)(4)(8)(c fascia a soft earth tone or pastel color. flSupplemental attached DOrd No. Section DOrd No. Section DOrd No. Section ON OR BEFORE: December 31`t 2006 DOrd No. Section DOrd No. Section Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that .SCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S) may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to Did Witness: Investigator AS#82 $1000 per day per violation,as long as the violation remains,and On 10/02/06 costs of prosecution. The fascia of building is painted yellow and has red and blue accent striping on it This is contrary to Collier County Land Development Code. SERVED BY: ['Personal Service Certified Mail ❑Posting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT Azure Sorrels INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 34104 Signature and Title of Recipient (239) 403-2455 Fax(239)403-2343 } Investigator signature Print VIOLATION STATUS: Dated this 6th Day of December 2006 Initial ['Recurring DRepeat t NInticle of Vinlatinn _ O m �J N 2 o m s. W N o 9 D ❑ Ca w T z M 1'. ❑0 O 0 m m IL r V d o °7 c p LL E a a i O ��• Z, c 9 c'..1 ii. ❑Cl❑ tU £' 1 �- . `O is •3 9 is "m �' d D '., mad m 9 0 . : y m oeC m rn N t• •m n = d mi j25 m .1!3a C ►- m m cij 5...1 11 Et 7�n to m v. Ltl m 0 CC 7.9 715 Ex' 0 CI o 1TZ o c0 iA a d A ,,, co_ T 1DD ° 6m6E cn ° O a _ siAmk D:. V 1c r T L 0'M �o ° 11r's,I- O � C�w N H s N .• O a"' iSI: Q r N id,Y E 1 H W ° as 1 N ci Z 2 ° zl 0 p fy 7 3 a)n >9 � ww '-0 tm l pz• t.) P40 . y,l _ to Q L L O 0. r W 1L1 N 9 � Oco • 13 E T r . 7 4- m7 G7" N N 4, 7 7 N ` `t V D H E Q CA — N r C l C m V a) CO Z a E I ° t 2 d x p°p tC m c ■ a � a 0 t m� 53,� L r ' 0 U- 4 (r)d O r L m ii. ad s ° o a ' o m ` .n a•- N Q o Z. v_ o - ta 0 Zn • j Case Number 2005090608 COLLIER COUNTY CODE ENFORCEMENT i—■ NOTICE OF VIOLATION =r CT CORPORATION SYSTEM AS R/A FOR Date: 9/16/05 Investigator TRAVIS SNODERLY Phone: 239-403-2455 ROCK OIL CO(PROPERTY OWNER) 1200 S PINE ISLAND RD PLANTATION,FL 33324 Zoning Dist COMMERCIAL Sec 15 Twp 49 Rng 25 Mailing: CHRISTOPHER KEMPF,COO—ROCK OIL Legal: Subdivision 1288 Block 1 Lot 16.18 50 S BEMISTON AVE ST LOUIS,MO 63105 CLAY BROOKER,ATTORNEY AT LAW CHEFFY,PASSIDOMO,WILSON&JOHNSON 8215Th AVE S NAPLES,FL'34102 ' Location: 46178 4648 TAMIAMI TRAIL N Folio 63400200001 OR Book 1299.. Page. 880 Unincorporated Collier County • NOTICE ORDER TO CORRECT VIOLATION(S): • Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. - 92-80 and 97-35, as amended,you are notified that a violation(s) of the You are directed by this Notice to take the.following corrective action(s) following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. OBTAIN SIGN PERMIT(S)AND/OR ELECTRICAL PERMIT(S)'AND/OR INSPECTION,IF' ATTAINABLE,OR REMOVE SIGN(S). SHOULD A PERMIT BE OBTAINED FOR • ®Ord No. 04-41,as amended Section 5.06.04(C)(8)(c).6anding EXISTING SIGN(S), ALL REQUIRED INSPECTION(S) AND CO(S) MUST Ord No. 04-41,as amended Sedion • 5.06.04(C)(8)(d) ground sign BE'OBTAINED WITHIN 60 DAYS.AFTER THE ISSUANCE OF PERMIT(S). . .. Ord 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,. _jOrdNo. 04-41,as amended s 'Section ' 5.06.05(M)-25°%occlusion ,CANOPY IN'ACCORDANCE WITH;THE AFFOREMENTIONED SECTION'OF COLLIER 1g Ord No. 04-41,as amended Section. 10.02.06(B)(2)•permit req COUNTY ORDINANCE 04-41 AND PERMIT CANOPY FASCIA. REMOVE ALL PUMP 0 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. nSupplemental 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 o 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 riSupplemental attached prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CO ENFORCEMENT INVESTIGATOR: A S SNODERLY Personal Service Certified Mail posting of Property 280011 Horseshoe Dr.Naples,FL 34104 (239) 403-2455 x:/ 239)403-2343 ❑Fax Mail Investigator signature 1)442r U(74(V (S -Tr-t MA-f-A-6 C-yt- Signature and Title of Recipient 9 P )i`KATION STATUS: Print eaf Doted this isle day of September ,2005 ®Initial ERecurring ❑Re P I • I 1 ■ m m p0O 017p C lb 7 ca 0 1 Q Q O_ d A Z L L m N } C ❑❑ ■ ■. p)V q o m m . ❑❑ ■ ILI K ` Ci r y A us ,,;? E. C 5I o w 9ti o f z c 2D e , , cv 2 13 m v ❑0❑O a c; ., c D Z m v S .M I .. , s I 4 a7 `,� m F HU ! ' . 0.m 4 ZL `, V } VV a cps co c� a� W m h t V7 D • m L ❑❑ ¢ r, m v >- H (� a D d �C m `` v D3 v r1- x D x �, = = ❑O Q N N E D d m d N o Z. m v c p a: p 5 p p m a p H p o mp o m E2 mc.) j m a _ o CD a E o oEa of ,pi Z E'o2 �r I ° o 0 V`o'c c) m 5�-+ A co ul 1 O e 0 o E L1 t) N o— tr) S o M Li c 8= >`d m fU Di 1 a 0'2 o:c N k.0 • U N�•0.°..w O to - � a� m0a H in AO p o rn �L•c0 $YE fz zo al p {� C_�«d F N 2 'Od � 000 LL Oo p p N11C2, , a 0HG.1 co m 03 Q N... x in p N J *• day'-' O .- o O W W 2 N V C.E-c a7 f; H O N CO E� ErCcc.�oc m Urxzz I n CD al w R. HWZ N v OHO d A 0O ) W Oaa ! s �I 2 I aUaH s-, I.L. U 0CC Cm0 9 k OF �nQ z a e r D �dc V o2 N OUE-iH k y �= as U Fz E U m� m yw L F O o z a r a� c U O o �C Z C'7 m o.,�-t < H i v� a v o f ... o o -0°- :'y3 o-N m .2 c E LJ aNr >+L V— m rz O ,L E p E D y•� ow r j fxUrHC4 U ° D EE—.9, 470 v xOOF r0 m N a to • ■ a d. g u• cm a • 3.uo.uu �1�iN5 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 sins ground mansard signs shall be allowed in all nonreside ially zo ed d strictstls subject to the restrictions below: http://libraryl.municode.com/mcc/DocView/13992/1/,W/497h;14.= n4 n,,. �.vu.vV J1lTNJ Page 2 of 5 1. Pole or ground signs. Single-occupancyparcels complexes, business parks, or industrial parks having frontageoof 1150 feet torsmore on, office 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/13992/1/16/47911;1;+A-c n4. n A. .vo.uv , 11.J1\1 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: r-� 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://library1.municode.com/mcc/DocView/13992/1/3F/479h;l;rP—c n4 nn. _ ._ _ ._ �.vV.VV JJAJIN 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 complexes, business parks, or industrial parks containing 25,000 uare feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy shall be permitted for each single-occupancy parcel, or for each establishmeng in sign 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 riary 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?hilitp=c n,c (14. _ . .vv.VV v1uno 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. c/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 na i• Consideration: BSI 1 2 3 3 2 5 238000 1981 OCT -2 / 3 35 COLLIER COUNTY RECORDED .•••—■. • This Warranty Deed Made and executed the REC =• day of A.D. 19 by PRM I CO Bruno S. Czaja and Dessa Czaja, A Single Man and A Single Women, DCOC'.:- ,o Margaret P. Baker, A Single Women, IN hereinafter called the grantor, to MD__ ._ ),8_0� Rock Oil Company '- ` to whose post office address is .1`r� •- So 5: gzini�t r✓ o hereinafter call the grantee: 7C - • 1.°u•s Y'1. l IoS Witnesseth: That the grantor, for and in consideration of the sum of$$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases,conveys and confirms unto the grantee,all that certain land situate i County,Florida,viz: nCollier 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. _— • ��1 s O C, ._ _3�CO3jl IcItrnentpry S:amp Tax ..� 4C) �Q -.F'crsn l.=.c,� rte Tax !7l _ q C.111:= 2:r LINT'Cll. k1;IF COUI•:TS • —0'7 / " v R CoU °O A c) Together with all the ne •e . - -.'taments :nd app rte :nces thereto belonging or in anywise appertaining. - - ^s ii) To Have and to :oI. •a:: e l � • v- , qAnd the grantor hereb co 't sa)d. , T—"th`I gr, to is lawfully seized of said land in fee simple;that the grantor has ...la • -.. ,;'.orit:. e . convey said land;that the grantor hereby fully warrants the titl T.aid land and will de ar d the sa inst the lawful claims of all persons •1 whomsoever, and that said , 'a free from all en .I.:.r. c-w ept, taxes accruing subsequent to •�`•1 December31, 19 86. Also s,�,,'-ct to easemen s and reservations of recor.ryo + - actions q �Z' E CIRC�1� LI In Witness Whereof, the said grantor(sj has(have)signed and sealed these presents the day and year first above written. ql WITNESS: (� U� �.: Br t S.•Ciaja , � ;. ...: ••�v witness Aka/ L.-. ..- .,/ .7-7/c.--7°i`�' • 4 STATE OF FLORIDA Margaret P' `" EN COUNTY OF tar The foregoing instrument was acknowledged before me this Z9 . 0- by 19�� ' • an. s J �e�_� • -J essa zaja, ' ing e 'an an. ' •7—: -"....-ic ,.g. 7 I OF F. q�a otary Public ateanunosit0 G 50i2G4. ,./A.„Ai This Instrument prepared by and return to: First American Title Of Collier Inc. 3061 Terrace Avenue �� Naples,Florida 33942 Prepared Pursuant To Title Insurance By: Steve smith File R547/F2P1 1_ __ An ; r.. 00 1 299 00088 1 OR BOOK • • , PAGE Margaret wi s,�s g4921/1e6 ������ P. Baker • • S ik fo. and subscribed before ne this day of �c -n' "n_�__Y�; 19 g7 �ti �a ''/�� `py. �� -, NC ARY PUBLIC • ( ':: COtaSSION EXPIRITION: d. 9,/9q, "Siepaz-63 by: First Artrican Title Company of Florida Inc. •3061 Terrace Avenue Naples, FL 33942 813-775-3911 File No. 8547/E191 ti0,R COUP • • iCt) • • CIRCA RM1O .0�NF ■Cgt; • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, CEB No. 2007-51 COLLIER COUNTY, FLORIDA Petitioner, vs. ROCK OIL COMPANY, Respondent. MOTION FOR REHEARING Pursuant to Article IV, Section 7(1) of Ordinance 2007-44, Respondent, ROCK OIL COMPANY ("Rock Oil"), by and through its undersigned counsel, moves for a rehearing of the findings and conclusions of the Code Enforcement Board ("Board"), as set forth in its order dated June 27, 2007 ("Order"), and as grounds therefor, states as follows: 1. At the public hearing before the Board on June 18, 2007, the undisputed evidence showed that the "accent banding" and color on the pump canopy and building fascia (collectively, "the Color Scheme") have existed since 1993, as approved and permitted by the County through Permit#930015024.1 2. Rock Oil demonstrated that the Color Scheme is validly nonconforming (i.e., "grandfathered") because the two regulatory provisions prohibiting the "accent banding" on the canopy and the color of the building fascia were not adopted until 2001 and 2004, respectively. 3. With regard to the missing certificate of completion for Permit#930015024, Rock Oil relied upon the affirmative defense provided in Article VI, Section 1 of Ordinance 2007-44("Missing Permit Defense")2, arguing that the canopy and building fascia met all applicable regulations in effect in 1993. 4. In response, the prosecutor(code enforcement officer)argued that Rock Oil cannot prevail on the Missing Permit Defense because, according to her,the canopy and building fascia did 1 Permit#930015024, a copy of which is attached hereto as Exhibit A, was admitted into evidence at the hearing. The third page of the exhibit indicates that the County's Zoning/Building department reviewed and approved the canopy and building fascia for"code compliance." NOT meet all applicable regulations in effect in 1993. The prosecutor cited to Land Development Code sections 2.8.4.5.2.3.1 and 2.8.4.5.2.4.1, neither of which had ever before been cited or raised in this case. The prosecutor testified that (a) the County adopted these provisions in 1991 (two years prior to the date the Color Scheme was employed at the property) and (b) the canopy and building fascia are not consistent with them. 5. The prosecutor also argued that Rock Oil breached a settlement agreement between Rock Oil and the County and, therefore, Rock Oil should be found in violation of the current LDC section which prohibits the Color Scheme. 6. By a vote of 5 to 1, the Board found that the canopy and building fascia violate LDC section 5.06.04(C)(8)(c), based upon the Board's interpretation of the language of the settlement agreement and a rejection of Rock Oil's Missing Permit Defense. 7. The Board's rejection of Rock Oil's Missing Permit Defense and its interpretation of the settlement agreement are contrary to the evidence and violate applicable law. Missing Permit Defense 8. Contrary to the testimony of the prosecutor, LDC sections 2.8.4.5.2.3.1 and 2.8.4.5.2.4.1 were not adopted in 1991. In fact, the County did not adopt the cited provisions until 1996 and 1999, respectively. The prosecutor,therefore, misrepresented the facts and the law to the Board. Copies of the pertinent portions of Ordinances 96-66 and 99-6 are attached hereto as Exhibits C and D. 9. The regulations cited by the prosecutor in an attempt to defeat Rock Oil's "grandfathering" argument and Missing Permit Defense did not exist in 1993, when the Color Scheme was employed. 10. The prosecutor offered no other evidence contradicting the fact that the canopy and building fascia met all applicable regulations in effect in 1993, as affirmed by the County's Zoning/Building department on Permit#930015024. 11. Accordingly, the Board's rejection of Rock Oil's "grandfathering" argument and Missing Permit Defense was contrary to the evidence and applicable law.3 Settlement Agreement 12. The Board also based its findings on an alleged breach of the settlement agreement between Rock Oil and the County, which agreement came into existence in relation to the lawsuit 2 A copy of Ordinance 2007-44 is attached hereto as Exhibit B. 3 Rock Oil also disputes the prosecutor's statement that the canopy and building fascia violate the language of the cited LDC sections. However, this dispute is irrelevant due to the fact that filed by Rock Oil challenging the constitutionality of the County's Sign Code. A copy of the settlement agreement is attached hereto as Exhibit E. 13. The Board treated the settlement agreement just as if it were one of the frequently- seen stipulated agreements, whereby a property owner avoids potential fines by stipulating to violations and agreeing to cure those violations by a date certain. Indeed,the Board apparently held that Rock Oil's failure to apply for a variance regarding the Color Scheme(see paragraph 4(b)of the settlement agreement) necessarily and automatically resulted in a finding of violation of the Land Development Code. 14. This interpretation of the settlement agreement is contrary to the agreement's express language. Nowhere in the settlement agreement does Rock Oil admit or stipulate to violations. Instead,the settlement agreement addresses the"alleged violations"(emphasis added) and expressly empowers the County to "pursue enforcement activity" after a certain period of time lapses or after certain events occur. 15. In the event the County did pursue such enforcement activity, Rock Oil fully intended to contest the allegations (raising, among other things, the defense of valid nonconformity). The settlement agreement does not extinguish Rock Oil's right to do so. 16. However, the Board's interpretation of the settlement agreement does just that— it extinguishes Rock Oil's right to contest the allegations. This interpretation is contrary to the evidence (i.e., the express language of the settlement agreement) and violates Rock Oil's due process rights. 17. Finally, and more fundamentally,the Board lacks the power or jurisdiction to interpret and attempt to enforce the settlement agreement. Neither Article I, section 6 of Ordinance 2007-44 nor Chapter 162 of the Florida Statutes bestows such power on the Board. In this regard, it is noteworthy that paragraph 12 of the settlement agreement provides that the sole venue for any action alleging breach of the settlement agreement is the Circuit Court of Collier County, not the Board. 18. Accordingly, the Board acted contrary to applicable law when it interpreted and attempted to enforce the settlement agreement. WHEREFORE, Rock Oil respectfully requests that the Board grant this motion and, pursuant to Article IV, section 7 of Ordinance 2007-44, reverse the finding of violation in the Order. In the alternative, Rock Oil requests that the Board grant this motion and schedule a rehearing to present evidence and argument related to the grounds expressed in this motion. the sections did not exist in 1993. Respectfully submitted this 2nd day of July, 2007. CHEFFY, PASSIDOMO, WILSON &JOHNSON, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Telephone: (239) 261-9300 Facsimile: (239) 643-3558 Attorneys for Rock Oil e7nZ By: Cla . Brooker Florida Bar No. 025348 Certificate of Service I HEREBY CERTIFY that this Motion for Rehearing was filed with the Secretary to the Enforcement Board, and that a true and correct courtesy copy has been served (via regular U.S. Mail) upon M. Jean Rawson, Esq., attorney for the Board, 400 Fifth Avenue South, Suite 300, Naples, Florida 34102, this 2nd day of July, 2007. Clay C. Br ker EXHIBIT, ft ,, i'r.i.:, ,---„ os.'17--R c‘ .....„ AND Cr APPLICATION DATE PERMIT NUMBER r - ,,,,„ 12/03/93 930015024 ,,,,, . . k , - r ' OWNER- CONTRACTOR- . .1.--. - 4:!, SITE OIL ORANGE STATE INDUSTRIES, INC. p: , 4612 E TAMIAM? TRAIL 1811 N.W. 15TH ST. I:'. NAPLES FL 339420000 POMPANO BEACH ,FL 330690000 P. • 800/356-6523 v. :-: PROJECT NAME-NEW FACIA FOR CANOPY-REMOVE AND REPLACE EXIST } JO-B AID1 3ES9- 4612 E TAM I A_!I TRAIL F! 6EN LOCATION-CENTRAL NAPLES FOLIO $- 63400200007 i` SUBOIIVISIDN-NAALESTWIN LAKES TRACT-000 SECTION-15 TWA-49 RANEE-25 MAP/AREA- BLit.- 1 LOT/PARCEL-16-1B UNIT- LEGAL . PERMIT T iPE_ SITE IMPR(Pk LOTS, TENNIS CTS} { COS7 OF C S TR G3 ION 37,5OO APPROVAL DATE-12/03/93. . i CONTACT PERSON-BRUCE CONTACT PHONE *- 8001 356-6523 ... 1.M3R ;COY 1 '3he:_...; tianmbeenexumiped�soydisbeeebJ#PPwseds ttodiepaymentof$ - _ 4''1 .g 4 iiiiidedbTtbe-Cbi shat oty ikili as Ude and Gamma. c- t bT Dseeh /A/—a-42.-/ P No. 1.i I .73. *11 ender Le db empty withal appisabie has.oodemrdionces and tl iaod aiddi >LbmHdo- Peak.The Apposed Omsk espies if wok audierizedknot comossoced within.sts(5)moadx;zeisd f .. afitt .Zbe iee idillsedovisled.pissama a day m may af3500DDs fwatis sifted without anappRrr„dpessit 1p*ieSASItleeesstatelsdatodyboassedcentsactoesmaybeemployed andtmttbem .- aa0itaiQert38pIDe idocciiancyls boned. L ? 4,.,;:\:. .:... Agessore of Contractor #frede_..e.-r-, -":1- 11 to 1}01441*. titithisIgink g1GlE be 11 * .: PeleOy osestbe drepubEcreconisoftliseos ty aodtheiepoi fe 0e�ipa ieg®edfiam ti- csbekissessossOl eskiessoth as wafts ssenogesesteistd sksosaailascin.arfedwtapriciez WARNING TO OWNER: YOUR FAILURE TO RECORD A :: NOTICE OF COMMENCEMENT MAY RESULT IN YOUR ' PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, t CO�TWITHYOURLENDERORANATTORNEYBEFORE f_H ,,�, RECORDING YOUR NOTICE OF COMMENCEMENT. f"` ' n a '� k- County of Colfkr x •ter .. i ,c:_° "ti.E`� k, � `'^cq t —• - l7l CVL.i1 I'1 u/3711w11.7J�Vli�` R Y'�OL( bQ( E :� Ott r �, i t a i'�r�'a', { S ��� ('. ."i^.la Vted 1. s r U ,y a ,n x-a � � T3 Y -, tea$ : 1� �' £? ?ciy �5. 't h ' . "4x34 € t r #?,...L " ? ' * ? F _ ',?2'� �St'. +�ara1E :L s � ;,' w r h yE r r2:9' yf.s a .i €SAC.'.. Yt "�' _ 4 r:ru yt ry c ; F .. F yy# .,.aa 4 - L H 5 F 1 t` k EXPRESS . I APPLICATION FOR BUILDING !-ERMIT COLLIER COUN Tr - --, c -- I [1/81� 43i 0o 3 !993 C, 'Oo cco -7 \ ', , Property Y ID# ` J -°� ., • ",-"7-,-j.. .Applicat ion Date 7 1 ! C$A —301 Construction'trailer —306 Fences — Ailiiiiimreiatlim .1.2.•. t —M4 Ills 300 AC Replacement —332 Root= — 32: Sewall _333 Wood Deck j 339 Awnrr� — 309 Fie Suppression Systems — 322 Sew Tap —337 Seem Room 3 _345 carport/waft 1&2 Pm�ylParool —336 Flagpole — 323 sewer Tap Wrclows j —308 aides —336 Interior Parham — 343 Step —800 Weft —310 Combust Upkid Storage Talc —311 tam Spank r — 324 Signs —347 Tenant**radon —302 Dock&Darns 1&2 Farrel —341 Paps — 342 Slab VWNFsewal _303 Demoitim —330 Phenix%Repa thlodiitca rtes _ 335 Wing pass Doors/Weldon _331 Site tntprwement —304 Driveways — 314 Propane Gas Tench — 325 Solar Heat (Tennis Courts.Patmp r —372 Flechica W riarnar _ 3`s Refrigeration — 326 Storage Residential Landscaping) —305 Waist Hood System —316 Racal — 3D Swkwrinp Pool 1&2 Farrely ' _344 E7dalol Vanit ra¢br — 319 Steam Dash — 328 Temp.Berme Poles .- ----. e• RESIDENTIA -USE OCC CODE NONRESIDENTIAL-USE/OCC CODE NMt L . 998 Express Residential Other 999 Express NonResidential Other , Specify: Specify: 328 Other Residential BuNcOngs 528 Other NonResidential Buildings Sheds/Carport-1&2 Family Cooler/Freezer/Shed 329 Structures other than Buildings Specify: 529 Structures other than Buildings Specify: Fence/Dish/Pool/Seawall/Dock/Tank Tower/ Roof Structure ISpecify: I Construction Address `14/a A/o•4-K.V{1 Owner -.C../7-e- 6, 4,0.yvc,....; 1A...4 Address ciL/.2 No.Ted S. .L. Section tS Township`19S. ?S a aap/An3a _ City�.r"Lrr %Ne 1.C.- Zip Block —4_Luat/Parcel ` - Unit Tract .lob Representative �fFt C General L ocaatiort 1 2 3 4 5 6 7 8 9 10 11 12 Phone No. 8 0 0-3 S i S 2 i ZON Value o Irripro. s. -_ I� j WARNING-WORK IN RIGHT OF WAY i4 Th_isPermit does not authorize construction or installation of any structure or ubrty,above or below ground,within as right-of-way 1 or aaserrmant reserved to access,drainage or taffity purposes.This restriction specifically prohibits fencing, systems, 7 landscaping other than sod,signs,vmatet sewer,cable and drainage work therein_It such improvements we necessary.a separate permit Ion that purpose must be obiained front Project Review Services(643-8471). I _100 Roams —200 PYmbm3 Ibuph —127 73era,on Cram* REVIEWED FOR CODE —113 stab —204 Foal Pea_ —900 Waco Foe Dept. COMPLIANCE COUNTY DEPTS. .. ( —_t04 Te 8memm 300 Material Aare Pic _907 East neighs Fie DAL — 1- Tab 301 Foal NC —902 North Naples Fee Deca- 1 _We Farrio* X 16 Baal®ai&p —sea Bolden twee Fee Out 'rtc4LS —501 Bed&Rough _111 Foal Root —904 Little!leer-ace a Shoe -.ENGINEffes 1 __5Q FoalBatt —403 Reds fix _905 Oct4ee Fa Dept- S _tat Saner-DP —401 Foal Gas _906 7mnohiee MUTES _s___L? 3 —D0 Tr Dean —803 F63114 01 Wei _907 Eig Sonsenrer —619 Paluaios Control 80t Storm water TM7rrll _811 Site biprwarAert L I —708 Fad Steal&Crowd 122 Spot Sung-10 days lUst1L FBhiT 1$ S(.tr7 4�'/ j —701 Feat Fad .\99 leobce al rmaeane* ( /.f STATE-REGISTRATION Na CARD Na Contractor ORA.•.4 r _Cr.,C r rc lam.-, c G C 0/g4/07 4 Address/9/l/t/iv/L:: Cityrf...."07.r-0/,2.— State/72. _Tip Code I30�� Sure Date /,- ?-S 4 1 R.ORIDA SHORT-FORM INDIVIDUAL ACIGIOWLEDGMENT(RS.695.254) 3 i t SIRE OF ROI 1 The foregoing c5lnmwlnt vas adaiariedged before me this 1 Z/ CgrIy of l�(a""" 1 by th,�� 1 ,who is persona yG�dlmarmn to me (Ram ot 1 1 or who has produced da 1.:54P �1 i f o 910-1[C01(9 O i (Type et`riti m' l as ideroirusion and who ei1d(cid not)tale an oath. 1 _ --..--,,=,..;,i,;;;,-- r�Y,� �wZF� , A ..- y Pubic.Commission No. R11CSAfECF r •' ' )' ��Al.Y Pt� r \A'O.C�-'9 tz l . . Name of printed or stamped) i ( Not7ary typed.p;i L Pe33PAT NO: t 3— 1 cc-4J( i i ,..„,„..,„„.„,,,,,:.• . I ate' 03tANfaE STATE\)INDIJOrTillIts,INc. i 4 _1 i i. rk YR Ca...�7 cncii Building Department jj y vv-ccr:Tv w ho i� at • i, This letter is being submitted al _ ,. to allow iii ui ui.^ c a+l+o i Li to act 2i. my behalf in Out - LO •eY ial.e an 1 heii$ti 1S canopy a:. existing building Faso--4 t','; t 4G Site Gil Station,, 4S?2 N , Naples, e �_ Drawing 2079 S «8 38 engineered by William Meyers, P.E_ Si ncere ly, x CG 6d0 i •i4/ CG2£i4G /// ,, , , , .:„...„,.. ..,.. . .„ , . . ......,: . f 3 i Orange State �.._� �?- a Industries, i ic- f: 4 JJJ{111' _ y �IfL r4 • ' L z; lur mi Iaoh'!�ECI. oieeAL NO?ARY SEAL Fmcni MOKNE L �W A_RYPU'SIK SFATE OF F1 ORIDA ` COaBE�FQN\ CC2Bi1&3 5 1831 .�iQ_e4 ONDC?.J(JNE2,1997 ,y ra�-t•Po go BEACH,FLORIDA 33069•(303)971-9x98•FAX 960-0318 • I.: to g COLLIER COUNTY EXH1R1 `° ONSOLIDATED CODE ENFORCEMENT ORDINANCE tez �1v ORDINANCE NO.2007- 44 �4ot 6 8 L•.•b ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers;and WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes,but is not restricted to, a number of powers set forth in Section 125.01 so long;as any powers exercised are not inconsistent with general or special laws;and WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county!may apt ordinances and resolutions necessary for the exercise of its powers and prescribe'Hines and:,-, penalties for the violation of ordinances in accordance with law;and :_ WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01,Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution;and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 1992-80, superseded by Ordinance No. 2005-55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance;"and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II,Florida Statutes, the Board enacted Collier County Ordinance No. 1997-35, as amended, known as the "Collier County Code Enforcement Citation Ordinance," which established a supplemental enforcement procedure with respect to certain codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 2004-46,known as the"Collier County Code Enforcement Special Master Ordinance,"which created a code enforcement special magistrate process as an additional means for the enforcement of county codes and ordinances;and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act,"the Board of County Commissioners has the authority to adopt, by a vote of at least a majority plus one, an ordinance that gives code enforcement boards or special Page 1 of 14 magistrates, or both, authority to impose fines in excess of the fines provided in Section 162.09(2)(a);and WHEREAS,the Board of County Commissioners of Collier County wishes to consolidate these three ordinances into one ordinance,thereby simplifying the Code Enforcement process;and WHEREAS,the Board of County Commissioners,recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, desires to establish affirmative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance,which is to promote,protect and improve the health,safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Repeal of Ordinances. On the effective date of this Ordinance, the following Collier County Ordinances are repealed and superseded in their entirety: Ordinance No. 2005-55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance;Ordinance No. 2004- 46,known as the Collier County Code Enforcement Special Master Ordinance;and Ordinance No. 1997-35,as amended,known as the Collier County Code Enforcement Citation Ordinance. SECTION TWO:Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I. General Section 1. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree,by resolution of the governing bodies of both the County and the municipality,to have this Ordinance apply and be enforced in the municipality. Section 3. Purpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time,and a Special Magistrate,with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County,where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County,Florida. Page 2 of 14 Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time,and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate,whether stated orally or reduced to writing. Person means an individual,association,firm,partnership,corporation,or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate,and shall include Code Enforcement Officers. Public nuisance means those nuisances as identified in either § 893.138 or § 823.05, Florida Statutes,or other statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi- judicial or judicial process, to have violated the same provision within five years prior to the violation,notwithstanding the former and present violations occurring at different locations. Secretary to the Enforcement Board, or Secretary to the Special Magistrate,means the administrative staff personnel responsible for the preparation,development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate,as the case may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to carry out their duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. Section 6. Powers and duties. (1) Both an Enforcement Board and a Special Magistrate shall have the power to: (a) Adopt rules and regulations for the conduct of hearings; (b) Subpoena alleged violators and witnesses to appear at hearings,which subpoenas may be served by the Collier County Sheriff or a duly authorized person; (c) Subpoena evidence including,but not limited to,records,surveys,plats,and other documentary evidence,which subpoena may be served by the Collier County Sheriff or a duly authorized person; (d) Take testimony under oath; (e) Hold hearings on notices of violations; (I) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; (g) Assess administrative fines,costs,and to impose liens and order the payment of such fines,as provided for herein; (h) Authorize the county attorney,or his designee,to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the enforcement board;and (i) Uphold any other powers and duties granted by Chapter 162,Florida Statutes,the Local Government Code Enforcement Board Act. Page 3 of 14 ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board Section 1. There shall be one or more Enforcement Boards which shall, from time to time, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County codes or ordinances. Section 2. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor,and a realtor. Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier County and shall serve without compensation. Section 4. Members may be reimbursed for such travel,mileage, and per diem expenses as may be authorized,in advance,by the Commission. Section 5. Terms of office shall be in accordance with Ordinance No. 2001-55, as it may be amended. Section 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission.If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically terminate. Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 8. The initial appointments to the Enforcement Board shall be as follows: (1) Two members shall be appointed for a term of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a term of two years and one alternate member shall be appointed for a term of three years. (5) Thereafter,all appointments shall be made by the Commission for a term of three years. (6) In the event any member's term,including that of any alternate member's term,expires during the pendency of a case(s)which has not reached conclusion by a final vote,such member's expired term shall automatically be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. Section 9.Organization of the Enforcement Board. (1) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the regular voting Enforcement Board members. (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. Page 4 of 14 (6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No.2001-55,as it may be amended. ARTICLE III.Special Magistrate Section 1. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to,the Collier County Sheriff's office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. Section 2.Qualification,appointment,and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (c)be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association,or a former judge, and(e)meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board,any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3.Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department;one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s)to the Commission. ARTICLE IV. Procedures Governing the Code Enforcement Board,Nuisance Abatement Board,and the Special Magistrate Section 1.Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a reasonable time to correct the violation(s).Notice shall be given in writing and shall specify the alleged violation,the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s)as noticed.The notice shall state the time and place of the hearing,as well as the violation(s)which are alleged to exist. (4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction in the notice, the Code Enforcement Officer may either issue a citation or schedule the case for hearing, and the notice of hearing shall so state. If the Code Enforcement Officer initiates the hearing process,the case may be brought for hearing even if the violation has been corrected prior to hearing,and the notice of hearing shall so state. Page 5 of 14 (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing,and the notice of hearing shall so state. (7) If the owner of property which is subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing,such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violator/transferor; c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding;and d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed,but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 2.Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (1) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article 1, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non-criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. (2) Upon the making of more than two complaints within a six-month period on any particular place or premises,the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail,return receipt requested,to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices.Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his/her designee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance,provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this division.The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the Enforcement Board by certified mail,return receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing.Said notice shall include: a. A statement of the time,place and nature of the hearing; Page 6 of 14 b. A statement of the legal authority and jurisdiction under which the hearing is to be held; c. A reference to the particular sections of the statutes and ordinances involved;and d. A short and plain statement summarizing the nuisance,which is the subject of the complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (1) Every subpoena for testimony before an Enforcement Board,Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board,Nuisance Abatement Board or Special Magistrate, respectively. Each subpoena shall state the name of the Enforcement Board, the title of the action,the case number of the action,the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear,and shall be prepared by the party requesting issuance. (2) A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangible items designated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith,may(1)quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books,papers,documents or tangible items. (3) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be filed with the Secretary of the Enforcement Board.The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in § 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena. Section 4.Conduct of bearing. (1) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. (c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (d) At the hearing,the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the Violator committed,or was responsible for maintaining or allowing the violation to continue. (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. (f) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. (g) All relevant evidence shall be admitted if,in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs,regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence,but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. The Violator may be represented by legal counsel at all hearings. (j) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the Page 7 of 14 evidence.The decision shall then be sent,by regular First Class United States Mail,to the Violator in the form of a written Order including findings of fact and conclusions of law based on evidence of record. (k) Should an Enforcement Board or Special Magistrate be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection(1)(j)of this Section. (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violation(s)concem(s) real property, and the findings therein shall be binding upon the Violator and,if the violation(s) concern(s)real property, any subsequent purchasers, successors in interest, or assigns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate,it shall be entitled to recover all costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by the County. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate,but shall not exceed the costs incurred. (2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriff's Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department,notifying the Code Enforcement Department of the need to schedule hearings, assisting Code Enforcement Department staff in serving any notices required under this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings.Where appropriate,the public may be given an opportunity to present oral or written communications,in which event all parties shall be given an opportunity to cross-examine, challenge,or rebut said material. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance,as defined by applicable County ordinances and Florida Statutes,and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (c) The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An Order entered under subsection (b) shall expire after one year or at such earlier time as stated in the Order.The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized person, may bring a complaint under§60.05,Florida Statutes,seeking a permanent injunction against any public nuisance. Section 5.Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a fine which shall not exceed$1,000.00 per day per violation for each day the first violation continues past the date set for compliance by the Enforcement Board or Special Magistrate; or in the case of a repeat violation,may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has been repeated, and a hearing shall not be necessary for the issuance of the Order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in nature,it may impose a fine not to exceed$15,000.00 per violation. (2) In determining the amount of the fine,if any, the Enforcement Board or Special Magistrate, as the case may be,shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the Violator to correct the violation;and (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250.00 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed $500.00 per day. Page 8 of 14 (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance,against a property owner operating an establishment where multiple tenants,on one site,conduct their own retail business,the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of§ 893.138,Florida Statutes,shall not exceed$15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, and upon any other real or personal property owned by the Violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee,or other person except the lien of county taxes,and shall be coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property,but shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency.No lien created pursuant to this Section may be foreclosed on real property that is a homestead under Article X,Section 4 of the Florida Constitution. (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice,unless a notice of lis pendens is recorded. Section 6.Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorney and/or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or,if the Violator does not own the land, upon any other real or personal property owned by the Violator. Upon petition to the circuit court, said order/lien may be enforced in the same manner as a court judgment except for enforcement purposes. After one year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs,including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in § 55.03,Florida Statutes,as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to the provisions of this Section may be foreclosed on real property that is a homestead under Article X,Section Four of the Florida Constitution. Section 7. Rehearing of Enforcement Board or Special Magistrate action. (1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be filed with the Secretary to the Enforcement Board, and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate,within ten days of the date of receipt of the written Order of the Enforcement Board or Special Magistrate, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be 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 Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it may either: (a) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specific reasons for which the rehearing was granted;or (b) Modify or reverse the prior order, without receiving further evidence, provided that any modification is based on a finding that the prior decision of the Enforcement Board or Special Page 9 of 14 Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling. (3) The Order of the Enforcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the Order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. Section 8.Appeals. (1) With the exception of violations of Ordinance No. 72-8; Ordinance No. 74-9, as amended; Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party,including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be filed within 30 days of the execution of the Order to be appealed. (2) For violations of Ordinance No.72-8;Ordinance No.74-9,as amended;Ordinance No.76-13; and Ordinance No. 93-56,as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to the County Court for a trial de novo on the merits within 30 days of the execution of the Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to the proceedings before an Enforcement Board or Special Magistrate should elect to appeal,a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board,and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9.Notices. (1) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's offices for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused,notice may be provided by posting as described below,and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand-delivery by the sheriff or other law enforcement officer, Code Enforcement Officer,or other person designated by the Commission; (c) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice;or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1) above, at the option of the Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50,Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in§§50.041 and 50.051,Florida Statutes. (3) In lieu of publication as described in subsection(2)of this Section,such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at or near the front door of the Collier County Courthouse_ (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. (5) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1) of this Section. (6) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection(1) of this Section, together with proof of publication or posting, shall be sufficient to Page 10 of 14 show that the notice requirements of this Section have been met,without regard to whether or not the Violator actually received such notice. (7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to, and accepted by,the Violator or his or her agent or other person in the household or business, or where a Code Enforcement Officer,under oath testifies that he/she did hand-deliver the notice to the Violator. ARTICLE V.Code Enforcement Citation Regulations Section 1. Purpose and Authority. It is the intent of this Article to promote,protect,and improve the health,safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162,Florida Statutes,Part II. Section 2. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. (1) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of§§943.085-943.255,Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a written procedure as to the necessary training requirements.Topics in the training shall include,but are not limited to,the following: (1) The citation and notice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear procedures. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code officer. a. Enforcement policies. 1. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. d. Court data. e. Practice writing citations and notices to appear. (4) Signature of code Violator and/or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public contact. a. How to handle difficult situations. b. Angry people. (6) Sworn statements. (7) Keeping files. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. c. Testimony. Page 11 of 14 d. Judges. Section 4.Powers and duties of designated Code Enforcement Officers. (I) It shall be the duty of those persons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation,the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any duly enacted county codes or ordinances. (2) As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article. Section 5.Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance,and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed$500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice,citation or notice to appear,shall be deemed to constitute a separate civil infraction. Section 6.Citation and notice to appear procedures. (I) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear,and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices,if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand-delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices, citations, and notices to appear; said warning notices,citations, and notices to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear,the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear;or (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing,a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty $500.00. (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certified copy of said judgment in the official records of the county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk Page 12 of 14 of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid.Upon receipt of written verification of payment from the clerk of courts,the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County. (7) The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law.Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil,administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforcement, pursuant to §§ 553.79 and 553.80,Florida Statutes, of the Building Codes adopted pursuant to § 553.73, Florida Statutes,as they apply to construction; provided that a building permit is either not required, or has been issued by the county or a municipality.For the purpose of this subsection, "building codes" means only those codes adopted pursuant to§ 553.73,Florida Statutes. Section 7. Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that,in such case,judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of$500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article. (2) Schedule of violations and penalties:For uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00,second offense$255.00,and third or more offense$405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court. (b) If a person elects to contest a citation or notice to appear in county court and,after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments,and costs of prosecution, all as provided for by law, shall be assessed by the county court. (4) If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of$500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in§775.082 or§775.083,Florida Statutes. Page 13 of 14 (6) Unless otherwise required by law,all monies required to be paid for civil penalties,or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first$5.00 of any fine or order of the court will be retained by the clerk of courts,and; (b) All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI.Affirmative Defense Section 1. Affirmative defenses to alleged code violations. - It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with such alleged failure demonstrates to the Building Official, as defined by the Florida Building Code,by a preponderance of the evidence,that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County,the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof,shall be held invalid or unconstitutional by any court,administrative agency or other body with appropriate jurisdiction,the remaining section,subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: Inclusion in the code of laws and ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such,and the word"ordinance"may be changed to"section","article",or other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this U day of /14 ,2007. C- ATTEST • ••..' <i, .. BOARD OF COUNTY COMMISSIONERS Dv✓ight•E.Brock clerk OF COLLIER OUNTY FLORIDA 's.:_ ',`' �&(J , _ By: 4001, �/��o _ 1. tMfli: .-1 j w eputy Clerk ii ES COLETTA,Chairman R•Sii Ap' ov=d as to •r an' e• .1 . . ,..tA,LI,,t This ordinance filed with the ■ cratory of 5 te's Office th Jeff: A.IUa : ow iV.cloy of oLCG Ili_M. aging As ant County Attorney and ocknowledgemenx of thot Min., received this _'cloy of 1�..._,. y Page 14 of 14 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2007-44 Which was adopted by the Board of County Commissioners on the 8th day of May, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this a..6t r _' day of May, 2007 . - _ ._... .. ... J.J DWIGHT E. BROCK Clerk of Courts and Cle -- Ex-officio to Board of -->rn County Commis siop . , By: Teresa FPOLaski, ` . Deputy Clrk.•. l / � i • a c `• O ORDINANCE NO.96- 66 CtV a�g?AN/ORDINANCE. AMENDING ORDINANCE NUMBER 91-102, AS d° AMENDED, TIIE COLLIER COUNTY LAND DEVELOPMENT CODE, -WHICH INCLUDES TIIE COMPREHENSIVE ZONING REGULATIONS FOR TIIE UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO TIIE LAND DEVELOPMENT CODE , MORE m SPECIFICALLY AMENDING ARTICLE I, GENERAL PROVISIONS, • DIVISION 1.9. ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3, OFF-STREET PARKING W AND LOADING, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN GUIDELINES AND 4 STANDARDS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE DEVELOPMENT PLANS, DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION, DIVISION 3.15. ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.8. GROWTH MANAGEMENT DEPARTMENT, DIVISION 5.9. COMMUNITY DEVELOPMENT SERVICES DIVISION, DIVISION 5.10. DEVELOPMENT SERVICES DEPARTMENT,DIVISION 5.11.GROWTH PLANNING DEPARTMENT, DIVISION 5.12. HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO DEFINITIONS OF COMMERCIAL EQUIPMENT AND COMMERCIAL VEHICLE AND • DEFINITIONS RELATED TO ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES; APPENDIX B TYPICAL STREET SECTIONS INCLUDING REVISIONS TO TYPICAL CROSS SECTIONS FOR LOCAL STREETS, MINOR COLLECTORS, AND DELETION OF THE CUL-DE-SAC TYPICAL CROSS SECTION; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN • TILE CODE OF LAWS AND ORDINANCES; AND SECTION SIX, BY PROVIDING AN EFFECTIVE DATE. l WHEREAS,on October 30, 1991,the Collier County Board of County Commissioners adopted Ordinance No.91-102,the Collier County Land Development Code,which has been subsequently amended; on October 13, 1991;and • WHEREAS,the Land Development Code may not be amended more than two times in each calendar year pursuant to Section 1.19.1.,LDC;and WHEREAS,this is the second amendment to the Land Development Code,Ordinance 91-102,in this calendar year and WHEREAS, on March 23, 1993,the Board of County Commissioners adopted Resolution 93-124 establishing local requirements and procedures for amending the LDC;and • WHEREAS,all requirements of Resolution 93-124 have been met;and Words otruck through are deleted; words underlined are added. -1- • • I) Plastic siding; 2) Corrugated or reflective metal panels; 3) Tile; • 4) Smooth or rib faced concrete block:and 5) Applied stone in an ashlar or rubble look. 2.8.4.5.2.3. Predominant Exterior Cofor(.$). 2.8.4.5.2.3.1 The use of black or fluorescent colors is"prohibited as the predominant building color(s). 2.8.4.5.2.4. Building?Trim Colnr(s). 2.8.4.5.2.4.1. Building trim and accent areas may feature any colorfs). limited to ten (10) percent of the affected facade segment.with a maximum trim height of twenty four(24) inches total for its shortest distance. • 2.8.4.5.2.4.2. Neon or neon type tubing shall be permitted provided for in sections 2.5.6.21. and 2.5.6.22. of this code. An approved lighting plan consistent with the provisions of section 2.5.8.1.5.2.of this code shall he provided. 2.8.4.6. Signage: The provisions of section 2,8,3.6, shall also apply to commercial buildings and oroiects with less than 20.000 square feet of building area. 2.8.4.7. Natural and Manmade Bodies of Water(including Retention Areas): 2.8.4.7.1. The shape of a manmade body of water. including wet retention areas, shall be designed to appear natural by having off-sets in the edge alignment that are a • minimum of ten(10)feet and spaced fifty(50)feet apart. Natural and manmade bodies of water, including wet retention areas, exceeding 20.000 square feet in area, which are located adjacent to a public right-of-way. shall be incorporated into the overall design of the proiect in at least one of the following ways (see Illustration 31 below): • • Words otruck through are deleted; words underlined are added. -68- • STATE OF FLORIDA) • COUNTY OF COLLIER) ' I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: • ORDINANCE NO. 96-66 Which was adopted by the Board of County Commissioners on the 30th day of October, 1996, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, • 1996. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners •. By: Maureen K-nyosl ','•'. •• .• Deputy Clerk >• • 6 FEB 1999 ORDINANCE NO.99- RE Clerk AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,AS `; . Board AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,BY PROVIDING FOR:SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, y DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, Pr;,„ .,, CONDITIONAL USES,DIMENSIONAL STANDARDS, DIVISION )0,-„ w �. 23. OFF-STREET PARKING AND LOADING; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. rn ,.0 ,..r3 ZONING ADMINISTRATION AND PROCEDURES; DIVISION _,.,� _ ' • 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND oN GUIDELINES FOR COMMERCIAL BUILDINGS AND o1 PROJECTS; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; D•`' DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.15. ADEQUATE PUBLIC FACILITIES; ARTICLE 5, DECISION MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION, DIVISION 5.13. ENVIRONMENTAL ADVISORY BOARD; ARTICLE 6,DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ZERO LOT LINE HOUSING, FRONT YARD, AND DUPLEX; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No.91-102, the Collier County Land Development Code(hereinafter LDC) ,which has been subsequently amended;and WHEREAS,the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1.,LDC;and WHEREAS,this is the first amendment to the LDC,Ordinance 91-102,in this calendar year;and WHEREAS, on March 18, 1997,the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC;and WHEREAS,all requirements of Resolution 97-177 have been met;and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 2, 1998 and January 27, 1999, and did take action concerning these amendments to the LDC;and WHEREAS,all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,Florida,that: EXHIBIT Words struelk-tgh are deleted,words underlined are added. 1 2.8.4.5.2.3. Automotive and other special type service buildings may utilize prefabricated metal buildings under the following conditions. a) Metal buildings are more than two hundred and fifty feet from any right-of-way; Metal buildings are located directly behind the main showroom/sales center so as not to be a dominant facade along the street: (3) No more than twenty percent of the building can be beyond the main auto sales center and showroom. 2.8.4.5.2.3. Predominant exterior color(s). 2.8.4.5.2.3.1. The use of black gray,of fluorescent,primary and/or secondary colors is prohibited as the predominant exterior building or roof color(s). Earth-tone colors are encouraged. 2.8.4.5.2.4. Building trim color(s). 2.8.4.5.2.4.1. Building trim and accent areas may feature any color(s),limited to ten percent of the affected facade segment,with a maximum trim height of 24 inches total for its shortest distance. 2.8.4.5.2.4.2. Neon or neon type tubing shall be permitted as provided for in sections 2.5.6.21.and 2.5.6.22.of this code.An approved lighting plan consistent with the provisions of section 2.5.8.1.5.2.of this code shall be provided. 2.8.4.6. Signage. The provisions of section 2.8.3.6. shall also apply to commercial buildings and projects with less than 20,000 square feet of building area. 2.8.4.7. Natural and manmade bodies of water(including retention areas exceeding twelve(12)feet in width). 2.8.4.7.1. The shape of a manmade body of water,including wet and dry retention areas,shall be designed to appear natural by having off-sets in the edge alignment that are a minimum of ten feet and spaced 50 feet apart.Natural and manmade bodies of water,including wet and dry retention areas,exceeding 20,000 square feet in area,and which are located adjacent to a public right-of-way,shall be inserperated incorporate into the overall design of the project in at least eee two(2) of the following ways items(see Illustration 31 below): Words Lek are deleted,words underlined are added. 55 1 4 K SETTLEMENT AND TOLLING AGREEMENT WITH THE ROCK OIL COMPANY THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on the date when it has been executed by the last of the parties to sign it, by and between COLLIER COUNTY, (hereinafter referred to as "the County"), a political subdivision of the State of Florida and ROCK OIL COMPANY,a Missouri Corporation, (hereinafter referred to as"Rock Oil"). .WITNESSETH- : WHEREAS,Rock Oil has filed a Complaint against Collier County in the United States District Court for the Middle District of Florida in Case No. 2:03-CV- 65-FTM- 29DNF, alleging that Collier County violated its Constitutional rights under the Fifth and Fourteenth Amendments to the United States Constitution and the Florida Constitution; and WHEREAS, the matter has been set for trial;and WHEREAS, Rock Oil and the County, desire to settle the disputes in Case No. 2:03-CV- 65-FTM-29DNF and any and all disputes or claims that arise from, relate or refer in any way,whether directly or indirectly,to Rock Oil's Complaint; and WHEREAS, Rock Oil and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, attorneys, representatives,insurers, spouses,successors,assigns, heirs grantees and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Rock Oil and the County agree as follows: �XHIBIT E LALe,-at-d-t-4 /tie/ 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 ORDER ON MOTION FOR RE-HEARING THIS CAUSE came on for public hearing before the Board on September 27,2007,on the Respondent's Motion for Rehearing pursuant to Article IV, Section 7(1)of Collier County Ordinance 2007- 44. The Respondent appeared by counsel,Clay C. Brooker. The County and the Respondent agree that the case should be dismissed. The Board now makes the following Findings of Fact: The County and the Respondent agree that the case should be dismissed and the Order of June 27, 2007,recorded in the Public Records of Collier County,Florida at O.R.4251,page 0929 et. seq on June 29, 2007 should be vacated and set aside. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: 1. The Board's Order of June 27,2007,recorded in the Public Records of Collier County, Florida at O.R.4251,page 0929 et. seq on June 29,2007 is hereby vacated and set aside. 2. This case is dismissed with prejudice. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 0(r—,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD a�E 01 f LORIUA COLLIER COUNTY,FLORID• ;ounty of COLLIER 4 . _ I HEREBY CERTIFY THAT this Is a true and Gerald LeFebvr- ice Chai correct copy ot..: ;p t t co,fiie in 2800 North Horseshoe Drive E3oard Mm nist d C;1+`irx'e-, of CA or County Naples, Florida 34104 WET 1 4(•11a ! fiCi 1 SZal this OWIG BROCK, CL''K.OF COURTS gib. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 0 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 0.ry , KRISTINE HOLTON ,.: 4.. MY COMMISSION IDD686595 NOTARY PUBLIC 7F EXPIRES:June 18,2011 My commission expires: ,w, Boded rnru Notary Public Urderwdters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Rock Oil Company,R/A: CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324 and to Clay C. Brooker, Ea.,Cheffy,Passidomo, Wilson&Johnson, 821 Fifth Avenue S.,Naples, FL 34102 this y day of C.r ,2007. /17 M.Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-78 DEPT NO. 2007010135 House of Flats, Inc Pedro Cruz VP Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Pedro Cruz on behalf of himself and House of Flats, INC. enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference case number 2007010135 dated the 6 day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled. for September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. - - 2) The violations are that of section(s) 10:02.06(B)(1)(a) and 10;02.06(B)(1)(e)(i) of Ordinance - - 2004-41 As Amended, Collier County Land Development Code and are described as Improvement of commercial property without first obtaining the authorization of the required building permits, inspections, and certificate of occupancy or certificate of completion . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$416.45 incurred in the prosecution of this case. 2) Abate all violations by either obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the commercial 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. 3) Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements on the property within ninety days (90) of today's hearing or a fine of two hundred dollars ($200) will be imposed for each day any violation remains 4) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. err t 7-o7 Respondent - Michelle Arnold Director �� Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. House of Flats, Inc Pedro Cruz, VP., Respondent(s) CEB No. 2007-78 DEPT No. 2007010135 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9-10 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-91 DEPT NO. 2007040849 ALAN J. VINCENT TR Respondent(s), STIP TION/AGREEM N _ COMES NOW, the undersigned, vd`' 4.)144) 11VG—/ , 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 2007040849 dated the 27TH day of September, 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 27th of September , 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) 2004-58 as amended, The Property Maintenance Code, sections 3[1],16[1][k],16[2][d] and 2005-44, as amended, Litter, Sections 6,7.8.and are described as Property not maintained according to code, THEREFORE, it is agreed between the parties that the Respondent shall; lam , 1) Pay operational costs in the amount of$388.84 incurred in the prosecution of this case within 30 days of the date of this hearing. 2) Abate all violations by: A. Premises must be kept in a clean and sanitary condition. Cut any weeds or grasses that are over 18 inches on said property and maintain said premises in a clean and sanitary condition within 7 days of the date of this hearing or a fine of $50.00 a day will be imposed until said property is maintained according to the minimum standards of this code. B. Remove any litter or accumulations of litter from said property within 7 days of the date of this hearing or a fine of$100.00 a day will be imposed until all such litter is removed from said property. C. Notify Code Enforcement Investigator when violation(s) have been abated for final inspectio o confirm compliance. 3) Respondent must notif'' ••e Enforcement that the violation has been abated and request the Investigator to corn- t - perform a site inspection WITHIN 24 HOURS OF ABATEMENT. f' / l `` i 1 1 Pr 04 -espondent V Mic - - Arnold, Director Code Enforcement Department 6 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-90 DEPT NO. 2006120279 Modeline Saintil/Elie Djoodmy Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Elie Djoodmy , on behalf of himself or Modeline Saintil as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-90 dated the 27th day of September 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 27th September 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 10.02.06(B)(1)(a), of ordinance 2004-41, as amended and are Described as Non-permitted improvements,alterations to the garage. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$289.90 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit(s) or Collier County Demolition Permit, all required inspections & Certificate of Occupancy for all non-permitted improvements within 1.20'days of this; i' heearing or pay a fine of$200.00 per day will be imposed until date of compliance. P i^%' 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. OP, iG espon �,a� Michelle Arnold, Director Code Enforcement Department REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-92 DEPT NO. 2007020087 Ray Muslimani Respondent(s), eTIPULATIQN/AGREEMENT, COMES NOW, the undersigned, A.`I ) 1,u 1 l f�►.vt I, l , on behalf of himself or s representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-92 dated the 27th day of September, 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 27th of September, 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. 3.0S• of (B 2). The violations are that of section(s) 1-0.02.02 [A][3], '] and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, vegetation removal on an undeveloped property without obtaining required Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$407.84 incurred in the prosecution of this case within 30 days of the date of this hearing. 2) Abate all violations by: The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06 [E][3]. The mitigation plan shall be prepare by a person who meets or exceeds the credentials specified in Section 10.02.02[A][3]. The respondent is required to established a monitoring program per Section 10.02.06[E][3][e][i], that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by the respondent. The mitigation plan must be submitted within 30 days of the date of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 15 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plan material is installed. 3) Respondent must notify Code Enforcement within 24 hours that the violation has been abated and request the Investi.ator to co 1 e out and perform a site inspection. Respondent Mi - Arnold, Director Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-78 Dept. Case No. 2007010135 Plaintiff, vs. HOUSE OF FLATS, INC PEDRO CRUZ VP,, 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: September 27, 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: 12245 Collier Blvd SERVED: House of Flats, Inc Pedro Cruz VP, 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: 7/31/2007 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.2007-78 vs. DEPT CASE NO.2007010135 House Of Flats Inc. Pedro Cruz VP,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 2004-41 As Amended,Collier County Land Development Code. Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i). 2. Description of Violation: Improvement of commercial property without first obtaining the authorization of the required building permits,inspections,and certificate of occupancy or certificate of completion. 3. Location/address where violation exists: 12245 Collier Blvd.Naples Fl. 4. Name and address of owner/person in charge of violation location Pedro Cruz 1802 40th Ter Sw Naples,Fl. 5. Date violation first observed: January 5,2007. 6. Date owner/person in charge given Notice of Violation: February 6,2007. 7. Date on/by which violation to be corrected:May 6,2007. 8. Date of re-inspection: May 9,2007 9. Results of Re-inspection: Violations 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 10. day of July, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 10 day of July ,2007 by -s- L � A' (Signature of Notary Public) ✓ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced 4YpUkli� Indira Rajah Commission#DD273349 REV 3-3-05 or Expires:Dec 07,2007 '912 � 6 07 .e•'" Bonded Thru Atlantic Bonding Co.,Inc. 2. .v,vv COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION Respondent House Of Flats Inc. Date: 2/6/07 Investigator: Ed Morad Phone: 239-403-2441 %Pedro Cruz,President Zoning Dist Commercial Sec 22 Twp 49 Rng 26 .Ring: 1802 40th Ter SW Legal: Subdivision Golden Gate Unit 2 Block 74 Lot 34&3' Naples,Fl.34116 Location: 12245 Collier Blvd Folio 35778640000&3577 OR Book 2688 Page 271 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge, alter,repair,move,demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is (B)( )( ) p property p p regulated by this code for which a permit is required,until released by the 010.02.06 1 e Improvement of prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed SEE COLLIER COUNTY CODE ENFORCEMENT NOTICE requires a building permit under this land development code or other applicable county regulations. OF VIOLATION SUPPLEMENTAL INFORMATION .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 must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, structure/improvements: OR remove said structure/improvements, or do not provide adequate egress, or which constitute a fire hazard, or are including materials from property and restore to a permitted state. otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate of occupancy/completion. OR demolish described hereby declared illegal,etc improvements/structure and remove from property. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior ❑Must effect, or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same building/structure/systems: OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the Violation(s)must be CORRECTED BY: May 6,2007 fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit 2) Code Enforcement Board review that may result in fines up to$1000 per (or other written site specific work authorization such as for excavation,tree day per violation, as long as the violation remains, and costs of removal, well construction, approved site development plan, filling, re- pros utio ^� vegetation,etc.)shall have been issued prior to the commencement of work at G—� the site. Activities prohibited prior to permit issuance shall include,but are Re ondent's Signature Date not limited to, excavation pile driving (excluding test piling), well drilling, �1 formwork,placement of building materials,equipment or accessory structures OZ^ 0;7 and disturbance or removal of protected species or habitat,etc. Investigator's Signature Dale Section 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 3. Case Number 2007010135 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION I Pedro Cruz , President of House of Flats, which owns the property located at 12245 Collier Blvd, Naples Fl. 34116 agree to comply with Collier County Codes and Ordinances. I will obtain permits for the three (3) unpermitted metal type structures built in the rear of the aboved mentioned location. Also the inside loft area of the building, and the inside partitioned off area, on the west side of the building, including any electrical improvements/upgrades to all the improvements. I will obtain all the required permits within three months (3) 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 three month time frame, I understand the case will be presented at the Collier County Special Master Hearing or the Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. 0 Respondent's SiVur Date uvestigator s Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9103 /� 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 SE I BACKS 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 5' 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 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or(2) if issuance of said development order of[orj building permit is inconsistent with the growth management plan.Anything in this 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 certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 8. 2650598 OR 2688 PG: 0111 11C011ID Ln arrttI►L ucolbI of CDLLne COMM W. oct102Ott at 01:12P1 otltcet I. Met. CLIItt MIS 10111t.00 TIE Decease prepared by allll Return tai: °e P11 ILO IOIR1iiTA3LE TITLE G ESCROW SERVICES, INC. DOG•.10 1Q6.10 SA$P.IXA R. OONICZ Attn: 412 southeast 23rd ltroot WUTIILI TIMLI tort Lauderdale, Florida 33316 11: S 1 23I St 254.467.704Q It L100110111 IL 33311 lot 34) (lot 352) Paired ID Numb.--£ 3577 66000 Geouo cI TINWarranty Dee This Indenture. M:uktu. 9th davit June • 2000 Ats. Between BARRY ALLSWANG, GERALD COHEN, AND RENEE PEREZ-SILVA AS TRUSTEES OF ASSOCIATES IN INTERNAL MEDICINE OF SOUTHERN CALIFORNIA, A MEDICAL GROUP, INC. , RETIREMENT TRUST JOINED BY BARRY ALLSWANG AS THE PLAN ADMINISTRATOR ids Dk county of Los Angeles • Slide td California .grantor. air( HOUSE OF FLATS, INC. , a Florida corporation 1802 40th Terrace SW , Naples, FL 34116 .d am emlio. ..r Collier Sint.d Florida ,grantee. Witnesseth dud 1 k(i1(:Niok.kg u11 at c.areioatitn attic sum uI' TEN DOLLARS ($10) UuLt.:UtS, and odor p.-d And •unalda c.n..d yaM.n h. tikA.i'I)K us Mud paid M IIK.\\'IF1. aw r ucipl wbwtwN is bwtviss .c►tn•..lwlpcd. has rru..ad.luu polish!and ..dd w.11w wd(IKA\•t'I I u1.1(MAN' '• a, .ucccxwax and..sI D,I:rc■a, dw tulM.wusU r nh.d hind. vws5, lying Rod how no u.,t,.t..n or Coil ier V.,R CO lc.d Florida w c.n Lots 34 and 35, Block 7- , ,� a- • e+• - 2, according to the plat thereof, as recorded i Book 5, at _- 65 through 77, inclusive, of the Pub i .cords of Colli -unty, Florida. Subject to: covenan a, easetne stri- •ns; matters of plat; existing zoning and go �. '� �z T gas and mineral rights of record pr•vi'- :s7' t entry; real estate taxes for year 2000 . - 'L► ;:ars) - t a proviso shall not serve to revive or =-_ a - o .,em," THE ABOVE DESCRIBED `4,,m_ RTY AND PAR = 01.E UOUS THERETO ARE NOT THE HOMESTEAD PROPER THE GRANTOR Nom' . i MEMBER OF THE GRANTOR'S IMMEDIATE FAMILY. THE 3 - IS VA A)� ' •. This Deed was prepared as - . - =,-a�a 'x ' cident to the fulfillment of Conditions contained in a Title - surance Commitment. Nut the grade dues hus,b' fully waned the nth h. aid Iuat, unl will Jalesal the .um.: arum•t lawful slums of all px...n ..laan...evr • Low Jammed bye 1).0.1I.m:s,4r,I'M Iwll.'Ot+t.S l..a ILW'I). *** OR: 2688 PG: 0272 ,tilt# Warranty Deed "rage 2 Parcel ID Ntanber: 35778640000 6 35778680002 In Witness Whereof,Ow planar ha.h.7culn,. ..i D. Nod mil AND Hw Jut m,J scar lir a aluW hrabat Signed.sealed and delivered in our presence: ASSOCIATES IN INTERNAL MEDICINE OF SOUTHERN CALIFORNIA, A MEDICAL G , INC. EMENT TRUST 1.61 - L Of�40. 2Y:. ...ad a - — — _. .ai l Printed Name: biome &p c. BARRY SWANG, TREATER Witness as to All I.,/ .w11,.. r.»Keb,rtda With.Math.i(•..,el.Pt' 1('rotary Plat Ewe,I2W 1 ar:Ui(cka,U.1 901167 (4•71;LeL 4(/G.t ( By,: _ ._- ,gall Printed Name; 0 14141( [AJowt - -SILVA, TRUSTEE Witness as to�I -_ .0 Add •,.. rUaIrW.Buldt.Murrill.,&reset P(' IM Port Loth Sites I..e.�rielee•I'.�9111147 _i11:ai1 BY: GERALD COHEN, TRUSTEE P.t 1 .wmc.,u.urinstebl.MIIMt.Millie,•Vaud.r(' t 15111 l//w�f1(Qw1�/J�CJ}Park AKart.22 W 1....►uas...('A 9111147 tt� ,.girl) 'clY t rmizz 'r SHANG G�ti PLANT* STRATOR P 41 .wtf.•.. c:• WJ,It."Lunde,�It Comae'.P(' 11tH ,, Park East.22UU I.ua:VU1ek.('A VU1147 STATE OF California COUNTY OF Los Angolan /�1� t riit.nnM 111%uvm,n* lulu 11cknowled.d Ike ne , `000 h. �� HARRY ALLSWANG,GERALD •.` � TRUSTEES OF THE ASSOCIATES IN INTERNAL w, E • S.• - 'M-� IA, A MEDICAL GROUP, INC. RETIREMENT ' •T ;D v..4.,aro Papua ly{wo hunnc an■Ito hmy lnatuc California D'''. = '-Q, Cen se a.iJawiicaliun. r I, r` / ---',, • o %;-de,) • r . Y'rm " sine: ;('- ._ t 1�i l .� r 1: . . > • Public ' Ms C.etnm.w.11'alme. STATE OF California (:/�/ 1 COUNTY OF Los Angeles me foregoing indro neon r...cln..wiuJeeJ bcl:.c ,nc n.. 9th J^' •i June , 2000 h, BARRY ALLSWANC AS PLAN ADMINISTRATOR OF THE ASSOCIATES IN INTERNAL MEDICINE OF SOUTHERN CALIFORNIA, A MEDICAL CROUP, INC. RETIREMENT TRUST whir is pas,aul v klsnsi tl nt w ttiw Ira.Iw,duc,.'J California Driver's License a e .iduluticauta ` Printed Name: C7r, /, p'(p r r( Notary Public f U,C.e,wu..K I EA,nex: 1 /. ...\, r I. .. ) . . i: .- � . 3 �\ 10803.131 I.......w try cu..O.1,.....b. in 1..1,ba.a..•...t*•1..1 % • ( ULLO-Ule-Ir °/r/b CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-78 vs. HOUSE OF FLATS, INC, PEDRO CRUZ, V.P., Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That HOUSE OF FLATS, 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,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 12245 Collier Blvd.,Naples,Florida, Folio 35778640000&3577,more particularly described as Lots 34 and 35,Block 74,GOLDEN GATE,UNIT 2,according to the plat thereof,as recorded in Plat Book 5,at Pages 65 through 77, inclusive,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)in the following particulars: Improvement of commercial property without first obtaining the authorization of the required building permits, inspections,and certificate of occupancy or certificate of completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,Inspections,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the commercial property within 90 days (December 26,2007). 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections,and Certificate of Completion and by removing all non-permitted improvements on the property within 90 days (December 26,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 90 days (December 26,2007),then there will be a fine of$200 per day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 90 days (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 the amount of$416.45 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 shaalll�notstay the Board's Order. DONE AND ORDERED this day of c 61 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLOR %A zgr.rr. ,, KRISTINEHOLTON g a, .� MY COMMISSION II DD 686595 I EXPIRES:June 18,2011 BY: �,�� _�/, Itpf„ Bonded Tin Wary Public Underwriters erald LeFebv--,Vice , r 2800 North H•rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of , 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KA;t0tUrV? NOTARY PUBLIC My commission expires: St t8 01 FLORIDA :ounty of COLLIER 1 HEREBY;CERTIFY THAT this Is a true and prre t cgj i dt.a cioci ;:;':1; on,fi le in .oared n ar7O 7,,_;-.0;is ; f Collier County 4-riaskS'rnX: rti; cio l /t��;' cial s i this day of Ac A4342-{{ c l E. BROCA, CLER •E COURTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to House of Flat nc., edro Cruz, President, 1802 40`h Terrace S.W., Naples, Florida 34116 this day of ,2007. 2 M.Jean son, Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-78 DEPT NO. 2007010135 House of Flats, Inc Pedro Cruz VP Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Pedro Cruz on behalf of himself and House of Flats, INC. enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference case number 2007010135 dated the 6 day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. - -2) The violations are that of section(s) 10.02.06(B)-(1)(a) and 10.02.06(B)(1}(e)(i) -of Ordinance 2004-41 As Amended, Collier County Land Development Code and are described as Improvement of commercial property without first obtaining the authorization of the required building permits, inspections, and certificate of occupancy or certificate of completion . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$416.45 incurred in the prosecution of this case. 2) Abate all violations by either obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the commercial 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. 3) Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements on the property within ninety days (90) of today's hearing or a fine of two hundred dollars ($200) will be imposed for each day any violation remains 4) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent �-�� 7-07 ��ty? - - - - Michelle Arnold, Director Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Madeline Saintil/Elie Djoodmy., Respondent(s) CEB No. 2007-90 DEPT No. 2006120279 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 2007-90 Dept. Case No. 2006120279 Plaintiff, vs. MADELINE SAINTIL/ELIE DJOODMY, 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: September 27, 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: 4142 18th PI AW Naples, FL 34116 SERVED: Madeline Saintil/Elie Djoodmy, Respondent Inv. Renald Paul, 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: 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.2007-90 vs. DEPT CASE NO.2006120279 Madeline Saintil/Elie Djoodmy,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)04-41,The Collier County Land Development Code as amended, Sec. 10.02.06(B)(1)a 2. Description of Violation:Non-permitted improvements,alterations to the garage. 3. Location/address where violation exists: 4142 18th P1 SW Naples,FL 34116 4. Name and address of owner/person in charge of violation locationModeline Saintil/Elie Djoodmy 4142 18t PL SW Naples,FL 34116 5. Date violation first observed: 11/20/06 6. Date owner/person in charge given Notice of Violation: 12/06/06 ■ , 7. Date on/by which violation to be corrected:2/7/07 8. Date of re-inspection: 7/23/07 9. Results of Re-inspection: violation remained no change no permits obtained. 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 23rd.day of July, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this"!Jday of ,2007 by /.4 (Signature of N,ofa'ry Public) (Print/Type/Stanl/Commissioned ��// Name of Notary'"Public) Personally known U\-) or produced identification Type of identification produced �., NOTARY PUT L'C-E TAI OF FLORIDA t � y s� 6ji J , Commission#D,,,40/4 0 . res l UC,. 3 2009 Bonded T;-r-1 r',t_r ,e. rn:di7 Co.,Inc. REV 3-3-05 7 Case Number -) • COLLIER COUNTY CODE ENFORCEMENT n NOTICE OF VIOLATION Owner: Saintil Modeline Date: 12/06/06 Investigator R Paul Phone: 239-403-2443 Elie Djoodmy Zoning Dist SF Sec 22 Twp 49 Rng 26 Mailing: 4142 18th P1 SW Legal: Subdivision Golden Gate City Unit2 Block 55 Lot 5 Naples,F134116 Location: same as above Folio 35771800009 OR Book 3936 Page 1469 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County _o Enforcement Board (CEB) Ordinance No. ",as amended,you are You are directed by this Notice to take the following notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- described location. Owner must applie and obtain a permit for the conversion that had been done or get a demo permit ®Ord No. 04-41 Section 10.02.06B1a and restore the area back to a garage. n ❑Ord No. Section Supplemental attached DOrd No. Section :Ord No. Section DOrd No. Section ON OR BEFORE: Fid b 4. , 200 DOrd No. Section Failure to correct violations may result in: DESCRIPTION OF CONDITIONS CONSTITUTING THE 1) Mandatory notice to appear or issuance of a citation n VIOLATION(S). that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in Did Witness: fines up to $1000 per day per violation, as long as the Observed that the garage had been converted into a live in violation remains,and costs of prosecution. area.Floors had been retiled,bathroom added. (Supplemental attached SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Personal Service OCertified Mail OPosting of Property ENFORCEMENT INVESTIGATOR: R Paul 2800 No.Horseshoe Dr,Naples,FL 34104 :Fax :Mail (239) 403-2443 Fax:(239)403-2343 Investigator signature 040_ � / VIOLATION STATUS: tr�� Signs Band ' f Recipien >< # ®Initial ❑Recurrin Print pt g ORepeat Dated this 7th day of November ,2006 Notice of Violation Original to File Cnnv to Resnondent Cony for Site Posting Cony for Official Pnctinc, Rev 3, • ORDINANCE NO. 04-41 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF • COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 • APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC.1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05:00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR.LISTED SPECIES,SEC.3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND • LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4;CHAPTER 5-SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT • SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii • 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 Countyy 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 011‘. 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 5 - 1 abc i9-07 Page 1 of 1 >t** 3739620 OR: 3936 PG: 1469 Prepared By:wiluam R.Baayaaz RECORDED in O17ICIAL RECORDS of COLLIES COWL /I 11/18(2005 at 12:21P3t American Heritage Title of S.W.FL,lat. MET E. BSOCE, CLUE %%Bonita Beath Road#209 COTS 320000.9 Bonita Splay,FL RIC FBB 10.0 incidental to the issuance ofa title insurance policy. File Number.1297 MEMO 1.9 Parcel IDM:3S771800009 DOC-.70 2210.0 lets: AIERICAI EER2nAGE TITLE 9696 EOIMA BEACI 3D 1209 303171 MUGS FL 34135 WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED,dated 11/22/2005 by JOSE I. GAVIRIA and LUZ S.ROJAS,husband and wife,whose post office address is 2200 GREENBACK CIR.APT 106,NAPLES, FL 34112, hereinafter called the GRANTOR,to MODELINE SAINTFL and ELIE DJOODMY*whose ppost office address is 4142 18TH PL SW, NAPLES, FL 34116 hereinafter called the GRANTEE: *oryggQRDI ELIE, both single, AS JOINT TENANTS WITH RIGHT 0 (Wherever used herein the terms"Grantor"and"Grantee"shall include all 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$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases,conveys and confirms • unto the GRANTEE,all that certain land situate in COLLIER County,FL,viz: Lot(s)5,Block 55,GOLDEN GATE,Unit 2,according to the plat thereof, recorded in Plat Book 5, Page(s)65 through 77,of the Public Records of COLLIER County,Florida. SUBJECT TO covenants,conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 2005 and subsequent years;and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities,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 except as above noted, the GRANTOR is lawfully seized of said land in fee simple;that the GRANTOR has good, right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF • •NTOR has signed and sealed the a presents the date serthve. 0.J1r' 2' SIGNED HE P•:i S CE 0v THE F a •WING WITH SES: }t' Signature: - �i. I K— ttio Cl/t ✓L Print Name. rl ;A t:4 'P- JO E I.G• IRIA \• ature: ,L A •rint Name: Gerardo L.•ez LUZ S. OJAS STATE MF`"--Florida http://www.collierappraiser.com/viewer/Image.asp?ImageID=397040 7/23/2007 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-90 DEPT NO. 2006120279 Modeline Saintil/Elie Djoodmy Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Elie Djoodmy , on behalf of himself or _Modeline Saintil as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-90 dated the 27th day of September 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 27th September 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 10.02.06(B)(1)(a), of ordinance 2004-41, as amended and are Described as Non-permitted improvements,alterations to the garage. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$289.90 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit(s) or Collier County Demolition Permit, all required inspections & Certificate of Occupancy for all non-permitted improvements within 120 days of this hearing or pay a fine of$200.00 per day will be imposed until date of compliance. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. OP, espon 1 Michelle Arnold, Director Code Enforcement Department REV 2/23/06 ,k.a.(2_60,1_,Lsi 1(4167 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-90 vs. MADELINE SAINTIL ELIE DJOODMY, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That MADELINE SAINTIL and ELIE DJOODMY are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondent,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4142 18th Place S.W.,Naples,Florida, 34116, Folio 35771800009,more particularly described as Lot 5, Block 55,GOLDEN GATE,UNIT 2,according to the plat thereof,as recorded in Plat Book 5,at Pages 65 through 77, inclusive,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(I)(a) in the following particulars: Non-permitted improvements,alterations to the garage. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(I)(a)be corrected in the following manner: 1. By obtaining a Collier County Building Permit or Collier County Demolition Permit,all required inspections and Certificate of Occupancy for all non-permitted improvements within 60 days(November 26, 2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 60 days (November 26,2007),then there will be a fine of$200 per day for each day until date of compliance. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$289.90 within 30 days.. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this_ day of 0 C/172007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F ORID• BY: - / eral. LeFebvre ' ice Ch.t 2800 North Horseshoe Dri Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4 day of C , 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. • ate__ ■a KFiIS11NEI TON I., °i :s MY COMMISSION k DD 666595 NOTARY PUBLIC ; EXPIRES:June 16,2011 My commission expires: Bonded Thru Notary Pubib Underwatere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Saintil Modeline and Elie Djoodmy,4142 18`h Place S.W.,Naples,Florida 34116 this Cy day of 2007. M.Jean Rawso q. Jza'e 01 F LORIDA ,}1'orida Bar No 0311 .:OUnty of COLLIER Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 I HEREBY CERTIFY THAT this Is a true end Naples,Florida 34102 correct copy,of a taocucicrn on{file in (239)263-8206 Board Mlit i,,tes Recoros of C©I4ier COW* WIT . y 11 3i icia Se'c.�„ihfs y of: C' �.I- OWIG� BROGK,,CIARK OF COURT$ WPC Vot-644 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-90 DEPT NO. 2006120279 Modeline Saintil/Elie Djoodmy Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Elie Djoodmy , on behalf of himself or Modeline Saintil as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-90 dated the 27th day of September 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 27th September 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 10.02.06(B)(1)(a), of ordinance 2004-41, as amended and are Described as Non-permitted improvements,alterations to the garage. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$289.90 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit(s) or Collier County Demolition Permit, all required inspections & Certificate of Occupancy for all non-permitted Lti V improvements within 1.2.6'days of this hearing or pay a fine of$200.00 per day will be imposed until date of compliance.A.!P f he 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. .... ......_. espon!Fiat - Michelle Arnold, Director Code Enforcement Department REV 2/23/06 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: September 27, 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 vs. CEB CASE NO.2007-67 DEPT CASE NO.2003020189 Mr.Steven Profaca(Owner of First Class Auto Wholesale,Inc.),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: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 Marcolsland,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. Dated this 20u'.day of March, 2007, y STATE OF FLORIDA J` Code Enforcement vKi estigato COUNTY OF COLLIER Swo. to • .: ed an i subs,}be. b- e e tljOay of A,' 007 by / gnature o Mary Public) (Print/Type/Stamp Commissioned Personally known Name of No b}; L Y r produced identification Linda ta u. 73 Type of identification produced •'PUS; Conunission#DD273?07 c 07 2007 goipau s:De- E onded'Cru .tivc Bonding Co.,Inc. REV 3-3-05 Case Number 2003020189 �-., COLLIER COUNTY CODE ENFORCEMENT i NOTICE OF VIOLATION C. _er: PROFACA,STEVEN Date: 12/27/05 Investigator TOM CAMPBELL Phone: 239-403-2492 Zoning Dist C-5 Sec 11 Twp 50 Rag 25 Mailin g: 2415 AVONDALE ST.SUITE 102 Legal: Subdivision 174100 NAPLES,FL 34112 Block 00 Lot 31 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 ReguIation(s) exists at the above- described Iocation. REDUCE THE NUMBER OF VEHICLES DISPLAYED (TO A SUM OF THREE) TO ®Ord No. 04-41 Section 10.02.03.B.5 COMPLY WITH THE APPROVED SITE 4-41 ®Ord No. 04-41 01 Section IMPROVEMENT PLAN(S11'00-01) nSupplementaI attached ❑Ord No. Section • ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ON OR BEFORE: JANUARY 15, 2006 ,SCRIPTION OF CONDITIONS CONSTITUTING THE Failure to correct violations may result in: DLATION(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 VEHICLES ALLOWED PER SITE IMPROVEMENT violation remains,and costs of prosecution. PLAN. SEVERAL OF THESE VEHICLES ILLEGALLY DISPLAYED IN COUNTY RIGHT OF WAY. SERVED BY: nSupplemental attached ®Personal Service ['Certified Mail []Posting of Property INQUIRIES AND COMMENTS SHOULD BED r r D TO Co a QFax OMail ENFORCEMENT INVESTIGATOR TO AMP 2800 No.Horseshoe Dr.N.- , 3410 7/�n -5�^�v6 (� � (239) 403-249 'ax:(239 0 .0'3 `C�•(I�G_ laves ••.tor sip. e i / Signature and Title of Recipient VIOLATION ST " US: Print ❑Initial Dated this 27TH day of DECEMBER ,2005 Recurring ❑Repeat A164i ( cec) /f/6 l/- ,_. 6 At( K - t ,el k. OF SERVICE Respondent(s): Steven Profaca CEB Case No. 1 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 OCode Enforcement Board Evidence Packet OOther: I, Tom Campbell, hereby swear and affirm that a true and correct copy of the documents)referenced above have been provided to the Respondent(s)via: OUS Mail OUS Certified Mail (Return Receipt Requested) ^` Posting of Property [Personal Service - ®Collier County Courthouse Posting Sworn this 27th Day of December, 2005. /IIIIP ../lAiljrr-liv4/".M., _adiiiiille •:• 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,,-- c_,-/_— k2/ZAA4---, ,--t-taa.-.--4,re of Notary Public NOTARY PUBLIC STATE CF FLORIDA Joann Shiny uF Commission#DD474746 Expires: SEP 22, 2009 Print/Type/Stamp Commissioned Bonded Thru Atlkr.uc Bonding Co.,Inc. Name of Notary Public Personally Known ,,/ REV 3-25-05 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. , . . . ,,,,..,1, . • 22. Al.j_EX I 1 7 r ND Pm NAIL ,— SET ,P 'fi/CAP, LB 5862 /— VNLIT OLE 1 / / N89-14.20E .. ____/( — ,.....r.........■,...... ....... 51 00. 1°-..,.. (I) EMPLOYEE ,:.il _ N'- FND :' W/CAP. POR I . EvPtr.),EE •••• P ARK ING e A rn<iNG , . I I7li,C 0 50. 1 17) Xi— I7 F.- (?.n) ___ I . LOT 31 _ 1 i..-... 1 . I . I . ' LOT 32 (.4 _.: .-..: (4. rus 7,!9,4ER if, r4 n i .6. - _, ■•,) V L. 0 CUSt OW.* X Z C."! —. ,j 0 0 0. PARNIVG —. NJ g . • , .... . . c 6 ig __ . n . ' . . . . ,.. ,: ..,•,1" . i,::,4i;.',.:,i•-.4-i'l:Au * ' ,i.e....1..‘;0. f ,.. o ,....--,7„ h..) '2' 4 - -", !D .s ,lir- :o ‘,......., 0 . r-,-- . ...' . . 5 WIDE 4 RAMP ----Z'..",::::::%;7):'..);:::::...';',,'':',.::•?)..... • ';'2';/;/; ',':';`,•:"../.•';'''.2,. EXISTING ... . 1W I • I . - • • MITE: THIS BUILDING ' -Y0 THE BUILDII I . EXISTING BUILDING . PLANTER --1- Z.' R •.. ..,. n c , ,,,..-..„...... ;-,.. ......, (---' . 7 3 8' CONC WALK f '3 • 0,34' • / / 51.00 . i -•••*------ 30 00 - -1. -1,.........eve■i■ow _ 4\ 589.14.2cw \ \-- SETT PI< NAIL W/DIS• i _ CC T tnI/ ,11/ I■1 irlIC., $r, cot," \---.....■ Retn: 3812240 OR: 4009 PG: 1135 CODE EHFORCEIl.BNT/ S GARCIA RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 27.00 2800 H HORSESHOE DR 04/03/2006 at 09:41AN DWIGHT E, 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 FINDINGS; Ithik.1.1tTSIONS OF LAW:K11D ORDER OF TH .19OARD THIS CAUSE came on for public he ri g,li�etre-the-Board on March 23,2p06,thtd the Board,having heard testimony under oath,received evidence and Ireatdcres ecive t Findings of Fact,Conclusions of Law,and-0 . r P_o aPPropnate matters, thereupon issues its ( allo FINDINGS 0F/FACT CT� ( J ' 1. That FIRST CLASS AUTCMHOLESALE,INC.is the owneriof the tilject property. /4'":1 2. That the Code EnforcementiBoa�.has jurisdiction of the perm/n..o.f he'Respondent and that the Respondent, Steven Profaca,having been dp[.notified,appeared at theputlicrhearing, in person and by counsel, Attorney Doug Wood. \�� :� V 3. That the Respondent was notified of t he lea gcertified mail and by posting. 4. That the real property located at 2415 Avondale Sheet,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: 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.00-0] 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$801.27. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal sha not stay the Board's Order. DONE AND ORDERED this -7,r:4; d` o�''- � 6a Collier County, Florida. /-777.,-./.- ���n / 7 / CODE ENFORCEMENT,BOARD 7 COLLIER UNI'Y,FLORIDA,a.,,, ,...... f j, �Sherr B�asnett;:9hair '`` (r.,,--„, _, , 1 28 0 North rlorseshbe Diive l``d � N l s,Floc ia.34104- ;' ter. �.. . t ""..',/ STATE OF FLORIDA ) -1'\i ,r�.t,,,,,?tl )SS: •:, ir- ,"- COUNTY OF COLLIER) \\,-/t., � i The foregoing instrument was aclmowledgetl eldit-ma,. r day of i)7C1:"C. 2006, herry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who ... . .duced a Florida Driver's License as identification. / W/L - // NOTARY PUBLIC My commission expires: Dora l A0d ign0 ..4..Pb• :. Commission pDD2:0047 2°.�., ..= pu 13._00'1 �y,: =Epires: g talc o F l.ORIU1► =.s . Bonded�'Co..Inc o tic Bonding •,„,„0 P.ttan oungt of COWER I Erred copy CERTIFY THAT this is a true and • correct copy of a c :.=ni mt on file in ^Hard Minutes.alri R .ct-,Tc$ of Collier Count S m ^a am offi,ini peal this _ day DWIGHT E.tiR• K,.CLE,�ft OF Co RTS B 0 j. .k.&,k,.. . Sidi I d • D.C. 3263599 OR: 3402 PG: 1555 •This inrtnrment prepared MOOD i MULL ; of COLLIE! co !,W a without opinion be 61/22/203 et 11:22111 Kral L Ma, CLUI LUDWIG J. ABRUZZO MU 22660•61 5425 Park Central Court tie 1E1 11.54 Naples, Florida 34109 •.T1 1411,11 941-593-1444 Init I CIMIL Return to: 1114 1 MUM ILO DM IBL1D PL 34145 Property Appraiser's Parcel ID#22720960000 WARRANTY DEED (Statutory Form-Section 689.02 F.S.) This indenture, made this 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. WITNESSETH: That ..it . o�(,C ., onsideration of the sum of TEN DOLLARS ($10.00) and other able considerations'tc s.jd grantor in hand paid by said grantee, the receipt whereof's h- e In•wled k-• has grant , bargained and sold to the said grantee and grantee's heirs ind ssigns a the f• lowin de ribed land, situate, lying and being Colher County, Florida, o LOT 31, AV C • I TO THE PLAT THEREOF, RF ►ED IN PLAT •0 4 4 .F GE 45, OF THE PUBLIC RECO• •F COLLIER C`' T t,RIDA 0 TO HAVE AND TO HOL' g'gt ith all and singular the appurtenances thereunto belonging or in anywise appertaining, 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 for singular or plural, as context requires. A L'd 1 o(gf CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-67 vs. STEVEN PROFACA, First Class Auto Wholesale,Inc. Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Respondent appeared in person and requested a Motion to Continue so that he might obtain counsel,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondent's Motion for Continuance is GRANTED. This matter will be heard on October 25,2007. The Respondent waives formal notice. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of O(74—,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA state of F LORIUA BY:�,', . ;ounty of COWER Gerald LeFeb -,Vice C Pr/ 2800 North Horseshoe Dri e I HEREBY CERTIFY,;THAT this Is a true end Naples, Florida 34104 correct copy,94d6Cigt er t cn.ftIe in era of Collier County Board Minutes and e WITNESS.vfy 11 0 t: '$ic'1 1 =al this _ nl oWl BROGK Ct,JK'OF COURT$ D.G. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this $ day of OCp 2007,by Gerald LeFebvre, Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or i/who has produced a Florida Driver's License as identification. era,' I(RISTiNEHOLTON 1 NOTARY PUB'Y\-43 lave .'_ MY COMMISSION#D 95 EXPIRES:June 18,D2068651 1 My commission expires: .'4 ' Banded Thou Notary Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Steven Profaca, 557 N. Barfield, Marco Island, Florida 34145 and 2415 Avondale Street, Suite 102, Naples, Florida 34112 L day of (Q 2007. /1,7 , , M. Jea awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert A. Mitchell., Respondent(s) CEB No. 2007-74 DEPT No. 2006090818 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-15 Deed 16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA., Case: CEB 2007-74 Dept. Case No. 2006090818 Plaintiff, vs. ROBERT A. MITCHELL, 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: September 27, 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: 3465 Dorado Way SERVED: Robert A. Mitchell, Respondent Inv. Heinz Box, 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:7/31/2007 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.2007-74 vs. DEPT CASE NO.2006090818 Robert A.Mitchell,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,the Collier County Land Development Code, sections10.02.06(B)(1)(a),10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i)(as renumbered 10.02.06(B)(1)(e)(i)),Collier County Code of Laws and Ordinances Section 22 Article II 104.1.3.5, 106.1.2,Florida Building Code 2004 Edition section(s) 105.1, 105.7 2. Description of Violation: interior non-permitted construction 3. Location/address where violation exists:3465 Dorado Way Naples,Fl 34105 4. Name and address of owner/person in charge of violation location Robert A.Mitchell 5. Date violation first observed:September 26,2006 6. Date owner/person in charge given Notice of Violation:January 18,2007 7. Date on/by which violation to be corrected:February 24,2007 8. Date of re-inspection:March 12,2007 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 11th. day of June , 2007 � .•� x ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or aff med)and subscribed before this/1day o jin ,.2007 by 41/01.,A G,age ,,,,' s i Si a ature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced ���ruc1 r�tSLll-S1'tT1'EOFFLUAD/ "' K.A. Van Sickle ;Commission#DD618481 REV 3-3-05 '•.1111.�Wag NOV 19 2011 BONDEDTHRPATLANTIU 40101N11C0. 'N, Case Number 2006090818 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code Other Permit Requirements S NOTICE OF VIOLATION ,despondent MITCHELL,ROBERT A Date: 1/10/07 Investigator: gBOX Phone: 239-213-2970 Zoning Dist res Sec 23 Twp 49 Rng 25 Mailing: 3465 Dorado Way Legal: Subdivision 1452 Block H Lot 17 Naples,Fl 34105 Location: same as mailing Folio 68046680002 OR Book 1592 Page 1017 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-if-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such worlc, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project 010.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is (B)( )( ) p property prohibited prior regulated by this code for which a permit is required,until released by the 010.02.06 1 d Improvement of roe rohibited rior 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 prior to the issuance of a building permit where the development proposed Other Ordinance/Na atirrv__e: Vb � �� ^` requires a building permit under this land development code or other Szl...t9 1N G t� b�h, M� [�1 applicable county regulations. ' 1' 1 't `lM'��'1�1 Q. at l s (n L41r' IV i ii 10.02.06 1 d i In the event the improvement YJ11 H Nb lizAkCCU U1U • {1� iA ® (B)( )( )() pro ement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress,or which constitute a fire hazard, or are 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/slructure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: 24/0' + building inspection....Where pool construction is commenced after occupancy () 1l 1 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 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 Ree - azure Date the site. Activities prohibited prior to permit issuance shall include,but are 1 A f J� not limited to, excavation pile driving (excluding test piling), well drilling, I formwork,placement of building materials,equipment or accessory structures Investigator's Sign- re Date �—.. and.disturbance or removal of protected species or habitat,etc. Section 106.1.2 Cer-ticate 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. l.T,.+,.as of Vi Aiatinn (limn;.,.)fn ro. (`n...,+..De-..,...A>..+ r,,....F-cse D......_._ n___.r__arc. _ ,+__. .. ...,. ...._ .7 • U.S.Postal Service,,, _ CERTIFIED MAILTM RECEIPT . (Dornesfic Mail Only;No Insurance Coverage Provided) 'Fordelivery information visit ourwetisite at www.usps.comL; OFFICIAL USE ru Postage $ Certified Fee 0 Return Receipt Fee POS (Endorsement Required) H ��. Restricted Delivery Fee 1-9 (Endorsement Required) 1:0 Total Postag MITCHELL, ROBERT A Q Sent To 3465 DORADO WAY NAPLES, FL 34105-2728 N Sheet Apt Nt or PO Box No clry,state,zu Case Nbr - 2006090818 YSFprru 3aQi J.un�*�np2- _ _.__ ,y SeE;Reverse'fnrrinstntcfion ' - ,s, 4 • • 1-. iii 1 Y ..... • 1 2 .. . Wi4q1/i • 1 1 X . i. a i• ; -1 ^ ! ' 'AAA T I 1. 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E —s 5)-- . . \\P s . 4........ . • ORDINANCE N0. 04-41 • • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF • COLLIER COUNTY, FLORIDA, BYSUPERCEDING 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. 1.04.0 OF APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES F 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 SE • 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. 4.01.0 • • GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.06 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, UST 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.6.0200ADEQUATE 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 NONCONFORM!TIES,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 7 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F'.4. 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. �- Project Implementa- tion 2meline #of Phases Phase 7melines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. r� 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 fo use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2.- •No-approval-ofthe final subdivision plat, improvement plans or authorization to proceedwith construction activities in compliance with the same shall require Collier County to issue a AD- development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any Supp. No. 2 I rr.i n•Rd 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 ti4 County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required_ by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 9 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property fines 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. i-� 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 granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. .__._ In the eventthe 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 certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 /r) CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-70, enacted Dec. 13, 2005. (Supplement No. 19) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been • issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building pen-nit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to �-• remain exposed for a maximum of six (6) months. Page 6 of 19 h7. by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the timie of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County inspector at the time of his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy," has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy Page 16 of 19 Florida Building Code 2004, Building • fki t' ,. -: `FLORIDA f fB{UILDI It jjfl tCODE v,ti A, pi^,i}-'� }a;. ..y . .. f ing =1 a ( 6,4y f Jr:702W fi.;y: M.o..' „.,” ; E P : 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. /1 2004 Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 7,-.-..- Y° t.r eF s"r °,.^::; r v� thk°F r u.r�� vu r� ��emu. ._.. ... .. .. . .:':�!5s:. irAilou NV r OtiS338t ya to 12 o rteptiusitUttitttft Most. '+' EINCKERX UslitUttizusktoortkrgo,, 110C. 1664t *ter DRIVE 1:07144A GFr.'s, 5E---' # s•3'+64'c o stirs I tig kiep.ar Rtfo-e.Ms U* tart s+sa+atraP I'to ... to 1;14! , W A R R A S l y D E E D ;11' "•" Tile Mo. S1110) Thin Indenture, trade thin ! day of February, A. D. 1991 between NERMER! C. P'OHLWAHM. JR. and SUSAM A. POHLMAAft, Husband and Wife Grantor*, and ROBERT A. MITCHELL C3 ) as Grantee*, whose mailing address is: 3466 Dorado Way, Naples, FL 33942 Ft7 Moab �r WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in -,•f:. • . Collier, State of Florida, to-wit: � 0 L v� - Lot 17, Block H, POSNCI$N GE UNIT No.�1 ,lit -ubdivision according to the plat or map the eoE/described in Plat Bo 8 at page(s) 61, of the Public Records of Co]iter�-eatsaty`;Flor 1.a. �� `c �-�,� i 0 ' •e 'OCLtrnpr:tary Tarn:Tax LID J/ . ♦ W CI355"C" Intarg;hk' f.-Z � _�1 1 Pcrsori l Properly Tax Property Tax ID Number: 68O,4S 80002 t)tl"1 � Of G Uf<r 5 �� {3Y I i.- 1• s— ----p r, SUBJECT TO easements, restr 4.). s and reserve-Elk Gacord, if any, and taxes for 1991 and subsequent year `' V • Said grantor does hereby fully w �aa r e `C ' said land, and will defend . the same against the lawfull claims sons whomsoever. *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Witnesses I- i a"r41 , I ,i 8/41.C•qrlitikq3^^ it'l. wIPt ;"ss of" NN, HERBER C. POELNA • : 0 Li / ) aC 1355 WITNESS TWO SUSAN A. POHLMANN state of Florida County of Collier •I HEREBY CERTIFY that on this day of February, 1991, before me,-an officers� ' duly qualified to take acknowledgements, personally appeared: HERBERT C .:-, - ,f i-. POHLMANN, R. and SUSAN A. POHLXANN, Husband and wife to me know to be: • . . persons described in and who executed the foregoing instrument and ackaowledqed't t' i before me that they executed the same. ) -4 �u .• .! ..,-----%, - i 4 , )My commission Expires:1 0i NOTAR Pt='I• '.•ur N..r,W COI LL:COUNTY FLORIDA o. r:%::LS C.G:LfS.C:.FRK { _ ' ` ?s ,i,?? iv i-, fyi u 4p�rytti4� i V t° e 17.rn£t^ 're' tiY'` ,s //n , ... .�.�. ..J ,e, _ - .. , _,.�,:_ f•" ?� `� �1'z��" iR�a' `�e.0 ^ii fir. yt/ cr 13 2 oo 7- 7' E .r-//g/T fet CODE CASE NUMBER IMAGE DATE ' '" % \ 2000030309 5/4/2000 ' ,° ‘t. -r : IMAGE DESCRIPTION ticrA ti•. t CODE CASE NUMBER IMAGE DATE r ' 2000030309 5/4/2000 $ .° rte; IMAGE DESCRIPTION °' X N.Tr '''.6 11111111111iimm.„ • ' .. -.... ...___"__-• _ a - CODE CASE NUMBER IMAGE DATE ' alu. 3 •'�d* .*::, ,-;'-• 2000030309 5/4/2000 , �,+ ...,L q � IMAGE DESCRIPTION ;. ' "tee � °`�� ' s a O } Y Collier County Printed on 9/24/2007 1:45:12 PM CD-Plus for Windows 95/98/NT Page 3 e:ve_ 2 . CODE CASE NU�ER IMAGE DATE " � 2000030309 2/14/2000 ......: ' / . ,, ., aw.,. IMAGE DESCRIPTION left side fence CODE CASE NUMBER IMAGE DATE 2000030309 2/14/2000 IMAGE DESCRIPTION , , new pump system for spa '1 :.e.. , , .. .. - ,. . ... t 44.4•- ,,,,,, . ...„. ..„ - , ,...,,,,. , ,„ ,, ler CODE CASE NUMBER IMAGE DATE 2000030309 2/14/2000 . IMAGE DESCRIPTION new pool filter tank C1 ai- } - swa r;r l; L- 5t(." P.' r it r t: . � r ire r ,.„+ , a ,'° ate to Collier County Printed on 9/24/2007 1:4511 PM CD-Plus for Windows 95/98/NT Page 2 3. CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DATE 2000030309 2/14/2000 IMAGE DESCRIPTION CODE CASE NUMBER IMAGE DATE t ' 2000030309 2/14/2000E "' IMAGE DESCRIPTION fence installed properly but without � bV , - + "� a permit ° CODE CASE NUMBER IMAGE DATE 2000030309 2/14/2000 IMAGE DESCRIPTION piled brick pavers stored onto �`- abutting parcel to the left ' r r '� Collier County Printed on 9/24/2007 1:45:11 PM CD-Plus for Windows 95/98/NT Page 1 47e9 CODE CASE NUMBER IMAGE DATE 2000030309 12/11/2002 - ..� . - . .. IMAGE DESCRIPTION 3465 DORADO WAY--FRONT PORTION OF BACKYARD FENCE ON RIGHT SIDE OF SAID P PROPERTY--JM.49 • r Collier County Printed on 9/24/2007 1:45:15 PM CD-Plus for Windows 95/98/NT Page 7 P6 65: CODE CASE NUMBER IMAGE DATE +� ,�`� 2000030309 4/25/2001 . ' ` IMAGE DESCRIPTION North end of home showing the t. extension and fence. nor- f f PIP.F $g CODE CASE NUMBER IMAGE DATE ; 1 ~° _' -, 2000030309 4/25/2001 IMAGE DESCRIPTION " ' This is norht end of home showing window, door and a/c unit. P CODE CASE NUMBER IMAGE DATE 2000030309 12/11/2002 ----,0111,4 IMAGE DESCRIPTION 3465 DORADO WAY--FENCE AROUND BACK YARD ANDON LEFT SIDE--4' PICKET FENCE RUNNING ALONG CHAIN LINK FENCE OF NEIGHBORS--JM.49 Collier County Printed on 9/24/2007 1:45:15 PM CD-Plus for Windows 95/98/NT Page 6 CODE CASE NUMBER IMAGE DATE 2000030309 3/27/2001 ..._. . r.• ..�..•�r'rte++e.,..�.•�•s..-�'.I+-.3... . •, - u:: r�'M-•.lr?t0.. rte= IMAGE DESCRIPTION " 3465 DORADO WAY. PARTITION WALL IN CONVERTED GARAGE. �.� . .t k ' CODE CASE NUMBER IMAGE DATE ". 2000030309 3/27/2001 IMAGE DESCRIPTION 3465 DORADO WAY. WINDOWS THAT REPLACED ORIGINAL GARAGE DOOR. . ats � �. �� �, ax, . CODE CASE- NUMBER IMAGE DATE 2000030309 3/27/2001 IMAGE DESCRIPTION 3465 DORADO WAY. HOMEOWNER (MR. �� MITCHELL) MEASURING OFF FRONT OFF HOUSE. Collier County Printed on 9/24/2007 1:45:14 PM CD-Plus for Windows 95/98/NT Page 5 7 CODE CASE NUMBER IMAGE DATE 2000030309 3/27/2001 IMAGE DESCRIPTION I ¢ 3465 DORADO WAY. INSIDE CONVERTED GARAGE WINDOW ON NORTH SIDE, WAS ORIGINALLY GARAGE DOOR. I x � r • CODE CASE NUMBER IMAGE DATE 2000030309 3/27/2001 IMAGE DESCRIPTION 3465 DORADO WAY. REPLACEMENT DOOR IN ORIGINAL OPENING ON SOUTH SIDE OF GARAGE. TAKEN FROM INSIDE OF CONVERTED GARAGE. • CODE CASE NUMBER- IMAGE DATE 2000030309 3/27/2001 IMAGE DESCRIPTION � � � �E � � � t I- , : 3465 DORADO WAY. PARTITIONED ROOM INSIDE CONVERTED GARAGE. . Collier County Printed on 9/24/2007 1:45:13 PM CD-Plus for Windows 95/98/NT Page 4 CLL /°/f CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-74 vs. ROBERT A. MITCHELL, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Robert A. Mitchell 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 County contends that the real property located at 3465 Dorado Way,Naples, Florida 34105, Folio 68046680002 more particularly described as Lot 17, Block H,POINCIANA VILLAGE UNIT NO. 1,a subdivision according to the plat or map thereof,described in Plat Book 8,at Page 61 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)(I)(a), 10.02.06(B)(I)(d)(as renumbered 10.02.06(B)(I)(e)), 10.02.06(B)(1)(d)(i)(as renumbered 10.02.06(B)(I)(e)(i)),Collier County Code of Laws and Ordinances,Section 22,Article II, 104.1.3.5 and 106.1.2, and Florida Building Code 2004 Edition,Sections 105.1 and 105.7in the following particulars: Interior non-permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(d)(as renumbered I0.02.06(B)(1)(e)(i)),Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and 106.1.2,and Florida Building Code 2004 Edition, Sections 105.1 and 105.7 do not exist. This case is dismissed. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of 6 C e-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA / BY: i:L , i /.. , ,. __ Gerald LeFebvre ice Chad? 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this . day of 62 C , 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. �,„„��„ �iISTINEHOZ ' MY COMMISSION °OSii NOTARY PUBLIC ri4 1 EXPIRES:)Pe c , ��_ No,„y '�”' My commission expires:Bonded Thru CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of t is ORDER has been sent by U. S. Mail to Robert A. Mitchell,3465 Dorado Way,Naples,Florida 34105 this day of Q C r , 2007. ill M.Jean Ra on,Esq. Florida Ba o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 State of F LOR.IUA .ountty of COLLIER I HEREBY CERTIFY THAT this is a true and correct "APO a riacume„t on file in Board,. R¢ ( fr :-.f Caier Co unt) yrrJ _ � �u c i:ial on! this L da.y f Q ( OW E. B QGK, LgRCck KO`FCOURTS ,d - . DC.,_ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mercedes F. Llosa., Respondent(s) CEB No. 2007-75 DEPT No. 2006040950 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation Copy of Applicable Ordinance 3 Deed 4-12 13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-75 Dept. Case No. 2006040950 vs. Plaintiff, MERCEDES F. LLOSA, 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: September 27, 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: 2471 Poinciana Street SERVED: Mercedes F. Llosa, Respondent Inv. Heinz Box, 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: 7/31/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-75 DEPT CASE NO.2006040950 Mercedes F. Llosa,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,the Collier County Land Development Code, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i)(as renumbered 10.02.06(B)(1)(e)(i)), Collier County Code of Laws and Ordinances Section 22 Article II 104.1.3.5, 106.1.2,Florida Building Code 2004 Edition section(s) 105.1, 105.7, 111.1 2. Description of Violation:Exterior non-permitted construction 3. Location/address where violation exists: 2471 Poinciana Street Naples Florida 34105 4. Name and address of owner/person in charge of violation location Mercedes F.Llosa 5. Date violation first observed:April 27,2006 6. Date owner/person in charge given Notice of Violation:May 17,2006 7. Date on/by which violation to be corrected: June 17,2006 8. Date of re-inspection:6/11/07 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 11th. day of June , 2007 ��Box STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before this j lI da of 2007 by AA' f_ ('ignatju a of Notary public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced �ucna�rUOLil-STATEOFFLtJRIDA _ '= K.A. Van Sickle REV 3-3-05 mi Corsi' on#D f NOV )9 9 201 201{ BONDED THRITATLANTI 10PMrn v 2. -.,�.�.��,1. l.,vU1v I r LODE ENFORCEMENT--- T.,��� � Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION ReSU,mident Lhasa,Mercedes F. Date: 5/17/06 Investigator: HBox#17 Phone: 239-213-297( Wiling: 2471 Poinciana St Zoning Dist res �� Legal: Subdivision Sec 23 Twp 49 Rnb Naples,F134105 1454 Block 25 -ocation: same as mailing Lot 74 g Folio 68140920008 Unincorporated Collier County OR Book 0553 Violation: Page 011! --__ Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35,as amended,you are notified`that a violation(s)of the following Violationation(c=d�. codes exist Ordinance 2003-37 Collier County Right-of-Way Ordinance Florida Building Code 2004 Edition Section 105.1 Permit Application O Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 01 When required. An excavate,obstruct,or place any construction or any Responsible or any Any owner or authorized or agent who intends to other work which disturbs enlarge,structure,repair,move, demolish,enlarge,caanre tpe r,remove, isturbs the existing structure and/or compaction of soil in of a building or structure,or to er oth r work way maintained by istig County witdio tco bpundonies of convert or replace any electrical,g mechanicaoorplumbing asystem,remove, municipal right-if-way without Col Collier County a permit for such work, any installation of which is regulated by this code,or to cause any such ork to (Also found in Section 110,Article II of the Collier County Code of Laws a uond,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06 Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy B)(1) ®105.7 The building 010.02.06(B)(1)(a)Zoning action on buildin pletion of the copy shall be kept on the site of the work g permits...no building or until the coin P structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without fast obtaining the authorization of the required building permit(s),inspections,and certificate(s)of occupancy,etc. ®111.1 Connection of service utilities. No person shall make connections ®10.02.06(Bxl)(d)Improvement of roe 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 re of buildin property rty prohibited prior to issuance uir g permit. No site work,removal of protected vegetation,grading building official. 4 ed,until released by the improvement of property or construction of an prior to the issuance of a building any type d may be commenced requires a building permit under this land developmentpode proposed Other Ordinance/Narrative: applicable county regulations. contraction of a trussed lanai without first obtainin emits ®10.02.06(B)(1)(d)(1)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has green completed, all required inspection(s) and certificate(s) of occupancy nust be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s)• Collier County Code of Laws and Ordinances Section 22,Article II Apply for ®Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, PP Y and obtain all permits required for described electrical, structure/improvements: OR remove said structure/improvements, 1,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress, or which constitute a fire hazard, including materials from property and restore to a permitted state. otherwise dangerous to human like, or which in relation to existing uses constitutes a hazard to safety or heal g ®M request/case required inspections to be performed and obtain a service systems. All such unsafe buildings, considered unsafe buildings or certificate of occupancy/completion OR demolish described hereby declared illegal,etc g structures or service systems are improvements/structure and remove from property. im P PAY• 0103.11.2 Physical Safety[pools]. Where pool construction commences prior ®Must effect, or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same buildmg/structure/systems. OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: 6/17/06 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 i 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. Y in 2) Code Enforcement Board review that may result in fines up to$1000 per ®104.13.5 Prohibited Activities prior to Permit Issuance. A building (or other written site specific work authorization such as for excavation,tree day per violation, as IoIn�A as the violation remains, and costs of permit prosecution removal, well construction, approved site development plan, filling, re- ���j,�,� /^� vegetation,etc.)shall have been issued prior to the commencement of work at Re', -/rte!—/ t C the site. Activities prohibited prior to permit issuance shall include, but are ✓ r not limited to, excavation pile driving •to formwork,placement of building materials,equipment raccgessory structures ..vestigator's Signature 5/17/06 and disturbance or removal of protected species or habitat,etc. Date Section 106.1.2 Certificate of Occupancy. D106.1.2 Building occupancy. A new building shall not be occupied or a /*---•• made in the occupant-nature °r use of a building or part of a ig until after th etc.-- _ ---- wed a certificate of occupancy, lotice of Violation �Onna to Fie — ._, Copy to Respondent Copy for Site Postin o. • icial Posting Rev12/14/05 Y • ORDINANCE N0. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CO FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE CLUDES THE COMPREHENSIVE REGULATIONS COLLIER COUNTY, COLLIER COUNTY, FLORIDA, BYSUPERCEDING ORDINANCE FOR THE UNINCORPORATED ARIEA OF PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS IOF FACT;AMENDED; THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE ' SECTIOY CREATING THE FOLLOWING; CHAPTER 1 .GENERAL PROVISIONS, INCLUDING SEC. SPECIFICALLY BY TITLE, SEC. 1.02.00 AUTHORITY SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.0 .00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06:00 R • INTERPRETATION,SEC. 1.07:00 LAWS ADOPTED BY REFERENCE � C• 1.04.00 CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING RULES OF SEC. 1.08E0 DEFINITIONS. 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,DISTRICTS, SEC. • 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER ESO RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN P • ER 3 - RESOURCE TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,GERED,THREATENED, OR.LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL PROD • TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER TEG - CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, IN TER PROTECTION; GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.06 SUBDIVISION N DESIGN 1 D LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 AND • PARKING AND LOADING, SEC. 4,06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS .S • 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT TION RPROCEDURES, LIST OF TABLES IN CHAPTER 4;CHAPTER 5- SUPPLEMENTAL SEC. TRICT STANDARDS AND • INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.0 3.00 STANDARDS, ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USESAND STRUCTURES, 00 SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06. E INCLUDING AN AMENDMENT TO SEC.5.06.06 POLMCAL SIGNS; CHAPTER - 00 SIGNS, TORE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.O0ADEQUATEPUBLLC FACILITIES REQUIREM 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6 EMS,SEC. WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER OMANAG POTABLE SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 MANAGEMENT SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING NGATi D ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.'8.02 R AOF 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 OMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9-VARIATI NU FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL • - OPMENT OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES;- CHAPTER 10 -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 • vii COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F4. 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline #of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior lo use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI),it shall meet all of the requirements of F.S.ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval(ADA)for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval pf_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 lir' development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any Supp.No. 2 LDC10:84 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- 1110 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 LDC10:86 • 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 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 7 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 05-70, enacted Dec. 13, 2005. (Supplement No. 19) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION 8 unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.1 1.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1 .3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been • issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Page 6 of 19 f by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shalt be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County inspector at the time of his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy," is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy," has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy Page 16 of 19 /17 Florida Building Code 2004, Building mkt y ;.gip e ',FLORIDA `;BUILD �. 6. - ICODE" i rkt rx kii ! 1L I 1 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. 2004 Florida Building Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done,shall first make application to the building official and obtain the required permit. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. • /07. nAK—za—zuu THU 12:41 PH NORTH AMERICAN TITLE CO FAX NO. 305 227 1790 P. 02/07 Return to: 1020349 *** 2963141 OR: 3015 PG: 2917 t>t>t North American Title Company RICORDID In OFFICIAL RICOADS of COLLII1 CODHIT, FL 730 N W. 107 Avenue,Suite 100 06109/2001 at 06:Ot?1 HIGH 1. I1001, CLRI Miami,Florida 33172 COIS 155000.00 ,-"1. This instrument Prepared Sy: RtC O18 6,00 BeCy M.Oobble,vice-President DOC•,70 1085,00 North American Title Company Otto: 730 N.W.107 Avenue Suite 100 NORTH AHIRICAH tIftd CO Miami,Florida 33172 730 IV 107?!AVl 1100 Property Appraisers P , I Folio Number: NIANI FL 33172 9901 Grantee(s)S.S.fr(s): This Warranty Deed Made this 29th day of March,2002 by Dolores C.MacLean a single woman hereinafter called the grantor(s),to Mercedes F.Lbw,a single woman whose post office address is 2471 Poindana Street,Naples,Fl 34105 hereinafter called the grantee: • (Wherever used hewn the Isms venter-and'grantee eau*all the parties to this Instrument and the heirs,legal representatnea and assigns of indlriduett,end the successor.end want of riorporanons) WITNESSETH: That the grantor(s),for and in consideration of the sum of 510.00(tan)and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases, conveys and confirms unto the grantee all that certain land situate in Collier County,State of Florida,viz- Lot 74,Rapist of a portion of Block C,POINCIANA VILLAGE,UNIT NO.2,according to the plat thereof,recorded in Plat Book 10,Page 135.•of the Public Records of Collier County,Florida.• 4� C(}LT� SUBJECT TO: covenants,condition},7/-1-5R eservauon stations,easements and agreements of record,if any:taxes and assessments for the year,001 and , eats.>t f• al applicable zoning ordinances andror restrictions and prohibitions imposed,by "if-'�� �. TOGETHER, with all thu tenementm, appertaining. its an a'` 1 1 er to belonging or in anywise TO HAVE AND TO HOLD, the sa er �� - AND the grantor hereby covenants • id grantee that the grantor is seized of said land in lee simple;that the grantor has good right and lawful at,ttlg .t to sell and convey 1,n ,si:yfiereby warrants the title to said land and will defend the same against the la -of all persons. ' '•'' C . IN WITNESS WHEREOF, the said gran• Pte. nod and sealed app nts the day and year first above written. Signeg,sealed and delivered in the presence o. c i .7 . /!w!iM e j t C•. L./l..-,''�'•�'�- .C:^ , 4).(/V1�tie re 'n L_o r i -. .1 I c .Sc fl Dolores C.MacLean p"u"n — Pruned signature 61 Post Offae Address Prow Signature Signature 3pnature Printed Signature 1'flnmtt brgnature signature Poet Orfics Address Printer Signature STATE OF: Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 29th day of March,2002 by Dolores C.MacLean a ring woman who produced apt i,ds LL tt..,y, el_., i'n-.ts identification and who, take an oath ■.„ My Commission!:ghee: 5-74'/c:r .. r '' •;f, A'. J.,...) notary Signature NNtury Public,State and County Aforesaid `CCfitM ifs,•4 ( ,' eik/'.' P Otif o•Pi, OFROW.POTARr Rotary 8pnuun atww to o ' .- 1 w :•xrtamso U a �-_ , =moo * A. •i,eeasescri Or p U u*Y IA.2005 I. /3.. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-75 DEPT NO. 2006040950 Mercedes Llosa Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mercedes Llosa, 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 2006040950 dated the 27thday of April, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 9/27/07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i), of Ordinance 2004-41, of the Collier County Land Development Code, & Section 22, Article II, 104.1.3.5, 106.1.2, of the Collier County Code Of Laws & Ordinances & 3) Sections 105.1,105.7,1 11.1 of the Florida Building Code 2004 Edition and are described as Zoning action on building permits, Improvement of property prohibited prior to the issuance of building permit prohibited activities prior to permit issuance, certificate of occupancy, permit • application, placement of permit;connection of service utilities. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$338.34 incurred in the prosecution of this case.. 2) Abate all violations by: obtaining all Collier County building permits, all required inspections and certificate of occupancy for all non-permitted improvements within 90 days of this hearing, or obtaining a Collier County Demolition permit, all required inspections and certificate of completion within 90 days of this hearing.Faliure to comply with either of these options will result in a$200.00 a day fine for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 40/0/1/'d i Respondent Mich2d, D' c(rk for Code Enforcement Department 4 2,1.( fr\ 1 Date Da e REV 2/23/07 /0/Y f CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-75 vs. MERCEDES F.LLOSA, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Mercedes F.Llosa 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 2471 Poinciana Street,Naples,Florida 34105,Folio 68140920008 more particularly described as Lot 74,Replat of a portion of Block C,POINCIANA VILLAGE UNIT NO.2,a subdivision according to the plat or map thereof,described in Plat Book 10,at Page 85 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), 10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i) (as renumbered 10.02.06(B)(1)(e)(i),Collier County Code of Laws and Ordinances,Section 22,Article II, 104.1.3.5 and 106.1.2,and Florida Building Code 2004 Edition,Sections 105.1,105.7,and 111.1in the following particulars: Interior non-permitted construction. 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), 10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i)(as renumbered 10.02.06(B)(1)(e)(i),Collier County Code of Laws and Ordinances,Section 22,Article II, 104.1.3.5 and 106.1.2, and Florida Building Code 2004 Edition,Sections 105.1,105.7,and 111.1 be corrected in the following manner: 1. By obtaining all Collier Count Building Permits,all required inspections and Certificate of Occupancy for all non-permitted improvements within 60 days (November 26,2007). 2. In the alternative,by obtaining a Collier County Demolition permit,all required inspections and Certificate of Completion within 60 days(November 26,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 26, 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 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 the amount of$338.34 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 2-> day of a---74-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID' BY: N—t_`, I _ era d LeFebvr-, ice Ch.i, 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of d C , 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KR�snNE HOLTON Jlm D *'� MY COMMISSION#DD 686595 NOTARY PUBLIC Wit.,�• EXPIRES:Juno 18,2011 My commission expires:bonded Thru Notary Publ c Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mercedes F.Llosa,2471 Poinciana Street,Naples,Florida 34105 this z/ day D c ,2007. :)ta►e of F LOR1UA :ounty of COWER ` ? 7 M.Jean p44 Esq.I H EREBY.C RT Florida 50311 L -3 HAT,this Is a true and Attorney for the Code Enforcement Board :orrec 'ropy Of'a d rp; on,fida in 400 Fifth Avenue S.,Ste. 300 :oard Minutes'and 14/cm-ft of Collier County Naples,Florida 34102 f�fT'�f±'SS my'h 1LI �nd C'ic;at seal this (239)263-8206 day o OWIG E BROCk'dAFRK OF COURTS CCO--c4-- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-75 DEPT NO. 2006040950 Mercedes Llosa Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mercedes Llosa, 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 2006040950 dated the 27thday of April, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 9/27/07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i), of Ordinance 2004-41, of the Collier County Land Development Code, & Section 22, Article II, 104.1.3.5, 106.1.2, of the Collier County Code Of Laws & Ordinances & 3) Sections 105.1,105.7,111.1 of the Florida Building Code 2004 Edition and are described as Zoning action on building permits, Improvement of property prohibited prior to the issuance of building permit prohibited activities prior to permit issuance, certificate of occupancy, permit application, placement of permit,connection of service utilities. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$338.34 incurred in the prosecution of this case. 2) Abate all violations by: c obtaining all Collier County building permits, all required inspections and certificate of occupancy for all non-permitted improvements within 9d days of this hearing, or obtaining a Collier County Demolition permit, all required inspections and certificate of completion within,98'days of this hearing.Faliure to comply with either of these options will result in a $200.00 a day fine for each day any violation remains. 0-2 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. //14fiti/S4iti Respondent Michi2Arnold, D' ctor Code Enforcement Department 4 2., t ,;: a7 Date t Da e REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-75 vs. MERCEDES F. LLOSA, Respondent AMENDED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Mercedes F. Llosa 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 2471 Poinciana Street,Naples,Florida 34105, Folio 68140920008 more particularly described as Lot 74, Replat of a portion of Block C,POINCIANA VILLAGE UNIT NO.2,a subdivision according to the plat or map thereof,described in Plat Book 10,at Page 85 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 Xa), 10.02.06(B)(1 Xd)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i) (as renumbered I0.02.06(B)(I)(e)(i),Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and 106.1.2,and Florida Building Code 2004 Edition, Sections 105.1,105.7,and 111.1 in the following particulars: Interior non-permitted construction. 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), 10.02.06(B)(I)(d)(as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(I)(d)(i)(as renumbered 10.02.06(B)(I)(e)(i),Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and 106.1.2, and Florida Building Code 2004 Edition, Sections 105.1,105.7,and 111.1 be corrected in the following manner: I. By obtaining all Collier Count Building Permits,all required inspections and Certificate of Occupancy for all non-permitted improvements within 90 days(December 26,2007). 2. In the alternative,by obtaining a Collier County Demolition permit,all required inspections and Certificate of Completion within 60 days(December 26,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 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 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 the amount of$338.34 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 3rd day of October,2007 at Collier County,Florida and re-signed this 3 l day ofQLtrj V- — ,2007,nunc pro tune. CODE ENFORCEMENT BOARD COLLIER COUNTY •RIDA BY: Kenne ' e y,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of CC tb €.Y^, 2007,by Kenneth Kelly,Vice Chair of the,Code Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. ',,d, KRISIINE HOLTON } \Q 1 =„0�. MY COMMISSION#DD 686595 N T RY PUBLIC •a EXPIRES:June 19,2011 My commission expires: ��!'f Bonded Thru Notary Public Underwriters State Cr A'f , , ;ouniy of COLLIER HEREBY CERTIFY THAT this Is a true SMP .orrect copy ct : (to,' n,. on file in r;oitier County ward Mi►n�:tss + seal OILS, INES:3 rslYf ,t r- Da)1 uay - c DWIGHT E.'BROCLERK OF COURTS D.d. - alp CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this AMENDED O1R has been sent by U. S. Mail to Mercedes F. Llosa,2471 Poinciana Street,Naples,Florida 34105 this_ of�,c }'o be- 2007. M.Jean R n, Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-75 DEPT NO. 2006040950 Mercedes Llosa Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mercedes Llosa, 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 2006040950 dated the 27thday of April, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 9/27/07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i), of Ordinance 2004-41, of the Collier County Land Development Code, & Section 22, Article II, 104.1.3.5, 106.1.2, of the Collier County Code Of Laws & Ordinances & 3) Sections 105.1,105.7,111.1 of the Florida Building Code 2004 Edition and are described as Zoning action on building permits, Improvement of property prohibited prior to the issuance of building permit prohibited activities prior to permit issuance, certificate of occupancy, permit • application, placement of permit,connection of service utilities. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$338.34 incurred in the prosecution of this case. 2) Abate all violations by: obtaining all Collier County building permits, all required inspections and certificate of occupancy for all non-permitted improvements within 90 days of this hearing, or obtaining a Collier County Demolition permit, all required inspections and certificate of completion within 90 days of this hearing.Faliure to comply with either of these options will result in a$200.00 a day fine for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. biliti/$44/ A Respondent Mich- e Arnold, DI-ctor 'Code Enforcement Department Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carlos A. Vallejo., Respondent(s) CEB No. 2007-81 DEPT No. 2007030259 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-81 Dept. Case No. 2007030259 Plaintiff, vs. CARLOS A. VALLEJO, 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: September 27, 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: 4412 17th PL. SW. SERVED: Carlos A. Vallejo, Respondent Inv. Rob Ganguli, 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: 7/31/2007 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.2007-81 vs. DEPT CASE NO.2007030259 Carlos A.Vallejo,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(s2004-41,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),& 10.02.06(B)(1)(e)(i). 2. Description of Violation:Non-permitted enclosure of lanai in to living area,with electrical and plumbing improvements. 3. Location/address where violation exists: 4412 17t Pl. SW,Naples FL 34116 4. Name and address of owner/person in charge of violation location: Carlos A.Vallejo 5. Date violation first observed:March 91,2007 6. Date owner/person in charge given Notice of Violation:March 14th,2007 7. Date on/by which violation to be corrected:March 28th,2007 8. Date of re-inspection: July 3rd,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. Dated this 10th. day of July, 2007 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 10th day of July ,2007 by # (Si y,ature of Notary Puy'c) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced VUIAKt POLY,-SIM OF FLORID f K.A. Van Sickle T. Commission#DD6IS48 Expires. NOV 29,20F B0NDEDTHRUATLANT1(nONT)NaCO. r� REV 3-3-05 Case Number ,/.t,�'}-o c .9 ri COLLIER COUNTY CODE ENFORCEMENT . Building Permits,Administrative Code&Other Permit Requireme '� NOTICE OF VIOLATION yc3 ir-�i ",ndent V t�i�EJ G C_A iL LCS k Date: 3 pJ/O—t' Investigator. 1 , Alks)6-1.11.-1 Phone: 239- - Zoning Dist g, • S. . Sec , Twp Li el Rng c-fa Mailing: :-l1.1 l il-Ps- s-.---,:,- Legal: Subdivision 6•c;1_6 r„-,_Ns 6--Ara Block c.e.4 Lot S NAcF LE_S 1 Ft— • 7'-( tt6 Location: 44 l3 i c 5.'.:.) * Folio -.3 51-GLjpSi coo t OR Book cep&?. Page i(gyp Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s) of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge, alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical, gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) - Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. Z10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the Z10.02.06(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 requires a building permit under this land development code or other applicable county regulations. CJ`fJ Vef.. -A- t' Gl E_tvc.i fit%(�--E- (I3 P—E o F Qamrz-1 010.02.06(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 pennit(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 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, ZMust 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 0103.112 Physical Safety[pools'. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final • building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: -3 (a-$ 0-4-- certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as g as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit prosecute a - (or other written site specific work authorization such as for excavation,tree - �l removal, well construction, approved site development plan, filling, re- _,A__. ` .\k.e 3— vegetation,etc.)shall have been issued prior to the commencement of work at Respon' . i� DT the site. Activities prohibited prior to permit issuance shall include,but are / �— '� �4- not limited to, excavation pile driving (excluding test piling), well drilling, L + / ��• formwork,placement of building materials,equipment or accessory strictures Invest' for afore Date and disturbance or removal of protected species or habitat,etc. \ - Section 106.1.2 Certificate of Occupancy. 0106.1.2 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. • • 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 O.F COLLIER COUNTY,'FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91.402, AS AMENDED;. PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, REGODIFICATION 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, SEG. 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, P.'• SEC. 5.03.06 ACCESSORY USES AND STRUCTURES, SEG. 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. 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 5; 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 3997791 OR: 4207 PG: 4155 RBCORDBD in OFFICIAL RECORDS of COLLIER COURT!, FL 04/04/2007 at 12:19PM DWIGHT I. BROCL, CLERL COBS 119000.00 1 RIC FEE 18.50 DOC-.70 133.00 Retn: BABY C CHAVES 4412 11TH PL SW RIFLES FL 34116 L J Above Space Reserved for Recording Rf required by your jurisdiction,list above the name&address of:1)where to return this form;2)preparer,3)party requesting recording.) Quitclaim Deed Date of this Document ()4 - 04- 07 Reference Number of Any Related Documents. ! _ • Grantor: Name `� L t1S _ _ >� Street Address 4 t).- 7 ��.. � a�•,� T�� 1 City/State/Zip •' ' • Grantee: , AA Name C aDS A. �"% e� cx ' • e C d'1 wes Street Address " ' is}4% W /; • •,i, w;Fe City/State/Zip roAties F L'r. I I I I I I (� � "tai Fu LL 2.e y '► F r,E SU,tUi UO.1 Sin;10. Abbreviated Legal Description(i.e., lot,block,plat or section,township,ran e, uarter/quarter or unit,building and condo na e): Lot 5 a Lk 44 ('o Octet,/ Coe Val+T ,4 cc.0a2L )3 -Ole ?tar -the42 o F 4,F recorded : PUS- book Assessor's Property Tax Parcel/Account Number(s): 1471e3 6 `'141 77 D F "t'te Pub&c rec (s 3,C764 090.Q d f O t- t o W e& Co a if y FL THIS QUITCLAIM DEED,executed this day of 40, 1 20 b-4— ,by first party,Grantor, CarL OS q( C ,whose mailing address is 4.41 ) /'71`6 L S w A).a p(eA FL. 34.1q6 ,to second party,Grantee, 01 cLai A. Uat(e;• anc1 )i-1 ary C C Ravel whose mailing address is 44-i 2.. 17 -a trl. S ) A) ,(p j FL ...)4//6 WITNESSETH that the said first party,for good consideration and for the sum of Otte 0 0/4 t Dollars(S 1.00 )paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remise,release and quitdaim unto the said second party forever,all the right,title,interest and claim, wrmsoaates.mm Page 1 of 2 r 7005 Socrates Metre.MC LF798-1•Rev.05/05 *** OR: 4207 PG: 4156 *** n which the said first party has in and to the following described parcel of land,and improvements and appurtenances thereto in tt e_County of Co i(i • State of FL to wit: CD ( S P/k. 44 r,1 dew 6.4- e un �`,G[ �� (,�7 Book /4c-coo. ;Al, 'to .P pi D thLe.;e o f' .f' /� r ( S `ffi" 77 �9�= `4,P U4 c /P c'�•c-dj d!t �cI4117 cOV - . l=L- IN WITNESS WHEREOF,the said first party has signed and sealed these presents the day and year first written above.Signed, sealed and delivered in the presence of: Signature of Witness 'weJ. Print Name of Witness n ;i, ' ~ 111107 I Signature of Witness Print Name of Witness - rn - �I � Signature of Grantor Print Name of Grantor -'� .� '- c -9j c' • State of 1O o r� County of On ',11 orG appeared ` �� -0 L1M_ "rsonally known to e(or proved to me on the basis of satisfactory e - •e)to b- he person(s) ;1•• :me-r .,re subscribed to the within instrument and acknowledged to m- • •e/shelthey executed -=-• - i• -r/their authorized capacity(ies), and that by his/her/their signature(s)o' •strument the person s), • 0 ity upon behalf of which the person(s)acted,executed the instrumen Q .0\`4 41E ag-c WITNESS my hand and • icial seal. Signature of Nota �J0ll j0l AWN MAN BLUNT', Affiant Known Produced ID Type of ID 'P& (Seal) /MX Wratn cc- Page 2 e 2 : 25C5 Sorret''ec_a_. .'298-'•ie.:5:. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, 411 Vs. CEB NO. 2007-81 DEPT NO. 2007030259 Carlos A. Vallejo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Carlos A. Vallejo, on behalf of himself 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 2007030259 dated the 14th 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 September 27th,2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), of Ordinance 2004-41 as amended, the Collier County Land Development Code and are described as the non-permitted enclosure of screen lanai with electrical and plumbing improvements. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$294.73 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building Permit, all required inspections, and Certificate of Occupancy/Completion within 120 days of this hearing, or a fine of $200.00 a day will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, Certificate of Occupation/Completion, and restoring the structure to it's originally permitted condition within 120 days of this hearing, or a fine of $200.00 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Re- -one ent ichelle Arnold, Director Code Enfor cement Department 0 - /?7 /07 07 7 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-83 DEPT NO. 2006120525 Deonarine Enterprises Inc.- C/O Kelvin Deonarine, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kelvin Deonarine-Registered Agent, on behalf of Deonarine Enterprise Inc. as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006120525 dated the 19th day of December, 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 September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), of Ordinance 2004-41 as amended, the Collier County Land Development Code, & 2003-37, the Collier County Right of Way Ordinance, Section 5. and are described as multiple non-permitted structural, and Right-of Way improvements. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$346.20 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all Collier County Building Permits, and Right-of-Way Permits, all required inspections, & Certificate of Occupancy/Completion, within 90 days of the date of this hearing, or a fine of$200.00 a day will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, Certificate of Occupancy/Completion, and restoring the structure and Right-of-Way to their originally permitted condition within 90 days of the date of this hearing,or a fine of$200.00 a day will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent ust notify Code Enforcement that the violation •- . been abated and request the I v=/igat • come out and perform a site inspection. - Respondent Fr Michelle Arnold, Director Code Enforcement Department /97 / 07 Date Date REV 2/23/07 OgiO' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-81 vs. CARLOS A. VALLEJO, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Carlos A. Vallejo is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation.. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4412 17'h Place S.W.,Naples,Florida 34116,Folio 35764080001 more particularly described as Lot 5, Block 44,GOLDEN GATE UNIT NO.2,according to the plat thereof,as recorded in Plat Book 5,at Page 65 through 77 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a), 10.02.06(B)(1)(e) and l 0.02.06(B)(1)(e)(i)in the following particulars: Non-permitted enclosure of lanai in to living area,with electrical and plumbing improvements. 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), 10.02.06(B)(1)(e)and 10.02.06(B)(I)(e)(i)be corrected in the following manner: 1. By obtaining a Collier County Building Permit,all required inspections,and Certificate of Occupancy/Completion within120 days(January 25,2008). 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections, Certificate of Occupancy/Completion,and restoring the structure to its originally permitted condition within 120 days(January 25,2008) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 25, 2008, 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 January 25,2008,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 the amount of$294.73 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 3 day of "(14-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, LORID BY: 6Ickf Gerald LeFeb re,Vice it 2800 North orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) i The foregoing instrument was acknowledged before me this i7 day of 0C l 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or l/who has produced a Florida Driver's License as identification. t ;,q'`` MY COMMISSION 0 DD 686595 • l. II r ■L _ .04. EXPIRES:June 18,2011 NOTARY PUBLIC - .gym..` Bonded Thru Wary Undenders My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thispRDER has b n sent by U. S. Mail to Carlos A. Vallejo,4412 17th Place S.W.,Naples, Florida 34116 this �—/ day of ‘/(/' ,2007. a--1--1.1 Jx 'e or F t_UR I UA M.Jea awson, Esq. :Gum at COLLIER Florida Bar No. 750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY THAT th„ ,s a true ance 400 Fifth Avenue S.,Ste. 300 correct copy rt o c,; :t,t,;, ttt ,7,n,tily to Naples,Florida 34102 Hoard Minute; an :207:73 Rt.. Of r "CO'±,' CO ` (239)263-8206 � NESS yr h �, �--#hIS ow T E tBRO(4( I:tRK OF COURTS 0. _,_i BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-81 DEPT NO. 2007030259 Carlos A. Vallejo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Carlos A. Vallejo, on behalf of himself 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 2007030259 dated the 14th 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 September 27"',2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), of Ordinance 2004-41 as amended, the Collier County Land Development Code and are described as the non-permitted enclosure of screen lanai with electrical and plumbing improvements. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$294.73 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building Permit, all required inspections, and Certificate of Occupancy/Completion within 120 days of this hearing, or a fine of $200.00 a day will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, Certificate of Occupation/Completion, and restoring the structure to it's originally permitted condition within 120 days of this hearing, or a fine of $200.00 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. :-..irector - C ,� t/4/Re- •in ent ichelleArnoldG, Code Enforcement Department 0�'- 2 ? O7 /07 Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Deonarine Enterprise, Inc., Respondent(s) C/O Kelvin Deonarine., Registered Agent CEB No. 2007-83 DEPT No. 2006120525 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 5-8 Deed 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-83 Dept. Case No. 2006120525 Plaintiff, vs. DEONARINE ENTERPRISE, INC C/O KELVIN DEONARINE., REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: September 27, 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: 1680 40th TER. SW SERVED: Deonarine Enterprise, Inc C/O Kelvin Deonarine., Registered Agent, Respondent Inv. Rob Ganguli, 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: 7/31/2007 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.2007-83 vs. DEPT CASE NO.2006120525 Deonarine Enterprise Inc.-C/O Kelvin Deonarine,Registered Agent,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i),&(2003-37,the Collier County Right-of-Way Ordinance, Section 5). 2. Description of Violation: Multiple non-permitted structural,and Right-of-Way improvements. 3. Location/address where violation exists: 1680 40th Ter. S.W.Naples Fl.34116 4. Name and address of owner/person in charge of violation location:Kelvin Deonarine 5. Date violation first observed:December 19th,2006 6. Date owner/person in charge given Notice of Violation: December 19th,2006 7. Date on/by which violation to be corrected:January 9th,2007 8. Date of re-inspection: February 16th,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. ) • Dated this 16th. day of July, 2007 Q__ ?� Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ,L 6, ---1 worn to(or affirmed)and subscribed before thishday ofc..k1 ,2007 by (Siia attire of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally knowryter or produced identification Type of identification produced Aliit Y PUBLIC-STATE ;P i'�IIY p��11t11JYl)3 n` REV 3-3-05 80ND>THRLT ATIAIM( '10E-, r 2. Case Number e)c,6 t,LG c - COLLIER COUNTY CODE ENFORCEMENT itgio Building Permits,Administrative Code & Other Permit Requirements NOTICE OF VIOLATION 905 Re- dent )car iO4 15..1 i u i 5,F S rate: ] tq/hi.„ Investigator: p. G�w�2-t�� Phone: 239- - Zoning Dist (i**-8\1 A t -- Sec Twp 4.44 Rng 3 Co Mailing: G Nei Q; GG1k n` �~f G Legal: Subdivision Block 43 Lot cJ APLZ FL 3=i 114 Location: e3D t.t*-8 5 .;� , Folio 42D e OC r y OR Book y��+ Page Se Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge, alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 0.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is 0.02.06(B)(1)(d) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed 'requires a building permit under this land development code or other ipplicable county regulations. 110.02.06(B)(1)(d)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). O der to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structureJimprovements, 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, %jMust 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 XMu5t effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY building inspection....Where pool construction is commenced after occupancy ( ) 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 S1000 per d r violation, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit pose (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- Kei_v rya RC)'v / vegetation,etc.)shall have been issued prior to the commencement of work at Re pondent's rgna a Date the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, "•—■.formwork,placement of building materials,equipment or accessory structures Investiga.r's Sir .fit Date 11 and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 3 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 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, SEG. 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. 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 5 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 LDC10:66 /', . . 3�55�8i [',NE 2003 i p _ i R : r ORDINANCE NO. Z, :r?•; m rc N ORDINANCE OF COWER COUNTY, FLORIDA, TOv; '' o `' ROTECT AGAINST HAZARDS FROM SUBSTANDARD. -,, t r,-."Z-LONSTRUCTION IN PUBLIC RIGHTS-OF-WAY; PROVIDING r PURPOSE AND DEFINITIONS; ADOPTION OF CONSTRUCTION2y L STANDARDS HANDBOOK; REQUIRING PERMITS; REQUIRING?°,„ ,.o REMOVAL OF OFFENDING MATERIAL FROM RIGHT-OF-WAY; . REPEALING ORDINANCE NO. 82-91, AS AMENDED BY ORDINANCE 89-26; AS AMENDED BY ORDINANCE 93-64; PROVIDING RULE OF CONSTRUCTION OF THIS ORDINANCE; REPEALING'ORDINANCES 89-26 AND 93-64; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE. ' WHEREAS, In 1977, Collier County first established a set of standards to regulate and require consistency and quality of workmanship and materials for construction activities within County right-of-way, which standards were updated in 1982, 1989, and in 1993; and WHEREAS, it is appropriate to further revise and up-date the right-of-way construction standards through the adoption of a new edition of the Collier County i--. Construction Standards Handbook. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: PURPOSE. This Ordinance is to protect the public against hazards resulting from private construction in the public right-of-way, and to protect the structural and physical integrity of Collier County-owned or Collier County-controlled public road right-of-way facilities and materials including and not limited to roads, soils, bridges,and/or drainage facilities. SECTION TWO: DEFINITIONS. For the purpose of this Ordinance, the following words shall have the prescribed meanings. County: Means the Transportation Services Division of Collier County, the Collier County Community Development and Environmental Services Division, and any other Division or Department of Collier County needed to assist the said Transportation Services Division and/or the said Community Development and Environmental Services Division in enforcement of this Ordinance. Page 1 of 7 7 �< 1. Installation of underground facilities: Residents whose properties are directly adjacent to the proposed utility facilities. 2. Installation of overhead facilities on poles less than 45 feet above grade: Residents within 100 feet of the proposed utility facilities. 3. Installation of overhead facilities on poles of 45 feet or more above grade:Residents within 300 feet of the proposed utility facilities. Utility companies will make their best efforts to resolve concerns of residents with proposed construction, however permits will not be denied to utility companies unless the construction does not conform with standards set out in Section F. SECTION FIVE: PERMITS. A. It shall be unlawful for any Responsible Party to dig, excavate, obstruct,tom, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the Handbook. B. Application for each permit shall be made on forms provided by Collier County. Such application shall include,the following information: 1. The precise physical location of the construction. 2. The type of facility to be constructed. 3. The method of construction to be used. 4. The expected time schedule for completion of construction. 5. Sketches and drawings in duplicate to completely depict the nature of the proposed construction. 6. All other information required in the Handbook. 7. Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example, a lane closure permit differs significantly from an overweight or oversize permit. C. The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board). D. The Collier County Transportation Operations Department may take any of the following actions on a Permit Application: 1. Approve the Permit based on the Application as submitted. Page 3 of 7 3146021 OR: 3 241 PG: 0654 UCOODD is OFFICIAL 1ICOBS of COLLIII COBtt, !L 03/11/2003 at 01:500* DIIG1i 1. DOG[, 01111 COIF 300001.0* 11C !U 10.9 DOC-.11 2110.00 lets: KIM A S101tll 1100 GALLUI& R 1100 Will !L 31101 This Instrument Prepared By: JAMES C.STEWART,JR.,ESQUIRE STEWART&STORTER,ATTORNEYS AT LAW Suite 700 9180 Galleria Court Naples,Florida 34109 cR C O& Telephone Number(239)5' ,y , ''. E-Mail Address: JC =� artandStorter.co, m..WITHOUT BENEFIT +F - . ,.;,.,, 1 A e N Folio Number: 711,' 35832040009 Grantor's s Fed , y 11 t ".. n IP.1 tiO y : 65-0071251 GEN '0: • L WAR ' 4 4 1 EED THIS INDE ' , 't e '!'s #1da . . ,► ° H, 2003, between GOLDEN GATE AUTO REPAIR, INC.,, - - • „ • = ,. +, • , whose mailing address is 5866 10th Avenue S.W., Naples, Florida• ' for ("Grantors"), and DEONARINE ENTERPRISE"INC",a Florida corporation,whose mailing address is 1944 Piccadilly Circus,Naples, Florida 34113,Grantees("Grantees")(in this General Warranty Deed, . use of the singular number shall imply both the singular and the plural numbers and vice versa,and use of the masculine gender shall imply the masculine,feminine, and neuter genders and vice versa). WITNESSETH: THAT Grantors, for and in consideration of TEN AND NO/100S DOLLARS (510.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, and sold to Grantees, their heirs and assigns forever, those certain lands lying and being in Collier County, Florida, and more particularly described as follows: 1 .9. . **>t OR: 3241 PG: 0655 t** LOT 7, BLOCK 73, GOLDEN GATE, UNIT 2, PART I, ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 9, PAGES 116 THROUGH 120, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SUBJECT TO THAT CERTAIN PURCHASE MONEY FIRST MORTGAGE OF EVEN DATE HEREWITH EXECUTED BY GRANTEES SUBSTANTIALLY CONTEMPORANEOUSLY WITH THE EXECUTION OF THIS GENERAL WARRANTY DEED. AND Grantors do hereby fully warrant title to said land,and will defend the same against the lawful claims of all • • . . . . •.- -, except real property ad valorem taxes for 2003 and all subs-. . •-s`- ;i,_. ,,: I code, and other use restrictions imposed by governmental : ., • • ..-. , •�7�:, , mineral interests of recd P Y S r!",� ! record, .. 1 If any,and restrictions and common to the :on. Ao IN WITNESS ;r I I , • -. have .-, - . '- their hands and seals as of the day and year first •• .0 inirt 7 Witnesses as to Gran.. : 1,, •:,t E 1 a AUTO REPAIR,INC., Print ' , i..'S ,-V45'ti�liai`crti.;.,�i/ // • . a / THOMAS K.HENN 1 ' eat / witness's name:51... (, S` l .4N^ STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY dal on this day,before me,an officer duly autborked in the state and canny as afaenid to take admardedipuents,personally appeared THOMAS K.HENNING,the duly dented and acting president of GOLDEN GATE AUTO REIAi R.INC.,a Florida corporation.with whoa)I am personally acquainted,and who did take an ma as to identity,to known to be the person who executed the foregoing instrument and who acknowledged before me disc he or the executed the same as behalf of said catpaadon,for the purposes set Corsi therein. WITNESS my laid and official seal in the awe and county last aforesaid,this=MARCH.MARCH.2003. My commission exp. . --STATE OF FLORIDA AT LARGE • ARY SEAL) JAMES C STEWART,7R. ot4.COMM 2 COIRSDaet,loao t#MIDNI! Pla Newt O.watrsrligtb, /0_• BOARD OF COUNTY COMMISSIONERS Collier County, Florida 0— Petitioner, Vs. CEB NO. 2007-83 DEPT NO. 2006120525 Deonarine Enterprises Inc.- C/O Kelvin Deonarine, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kelvin Deonarine-Registered Agent, on behalf of Deonarine Enterprise Inc. as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006120525 dated the 19th day of December, 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 September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i), of Ordinance 2004-41 as amended, the Collier County Land Development Code, & 2003-37, the Collier County Right of Way Ordinance, Section 5. and are described as multiple non-permitted structural, and Right-of Way improvements. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$346.20 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all Collier County Building Permits, and Right-of-Way Permits, all required inspections, & Certificate of Occupancy/Completion, within 90 days of the date of this hearing, or a fine of$200.00 a day will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, Certificate of Occupancy/Completion, and restoring the structure and Right-of-Way to their originally permitted condition within 90 days of the date of this hearing,or a fine of$200.00 a day will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 3) Respondent ust notify Code Enforcement that the violation •_ , been abated and request the I igator come out and perform a site inspection. G' ��y�N J�vN�4R►w� Respondent Fa,- Michelle Arnold, Director Code Enforcement Department 't-V-'0 -(2- -- /c97 / 07 Date Date REV 2/23/07 CaCtiLda /6/84 t CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-83 vs. DEONARINE ENTERPRISE, INC. Kelvin Deonarine, 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 September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Deonarine Enterprise, 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,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1680 40`h Terrace S.W.,Naples,Florida 34116,Folio 35832040009 more particularly described as Lot 7, Block 73,GOLDEN GATE,UNIT NO. 2, PART 1,according to the plat thereof, recorded at Plat Book 9, Pages 116 through 120, inclusive,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), I0.02.06(B)(1)(e), I0.02.06(B)(I)(e)(i),and Collier County Ordinance No. 2003-37,the Right-of-Way Ordinance, Section 5in the following particulars: Multiple non-permitted structural and Right-of-Way improvements. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(l)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i),and Collier County Ordinance No.2003-37,the Right- of-Way Ordinance, Section 5 be corrected in the following manner: I. By obtaining all Collier County Building Permits,and Right-of-Way Permits,all required inspections and Certificate of Occupancy/Completion within 90 days(December 26,2007). 2. By, in the alternative,obtaining a Collier County Demolition Permit,all required inspections, Certificate of Occupancy/Completion,and restoring the structure and Right-of-Way of their originally permitted condition within 90 days(December 26,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 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 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 the amount of$346.20 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of &0007 at Collier County, . Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA` BY: a LE!. ., 'A Gerald LeFebvre, 'ice Chair / 2800 North Hors-shoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this - day of I'(- , 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRIBTINE"MN A ! !a k! RI$-`_i 7 4$ 4:: NOTARY PUBLIC .= MY COMMI83ION N DD 688595 -t-4-...: EXPIRES:June 18,2011 My commission expires: •,8,k4 aonded Thru Notary Publ o Underwriters '"—rte xll L.ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Deo arine Enterprise Ind Kelvin Deonarine, Reg.Agent, 1944 Piccadilly Circus,' ..les,Florida 34112 this ry FL rd�aAy of (/ ,2007. q 7.,- aouncy of COLLIER �`' `±' .'Jean RA son, Esq. Florida :.r No. 750311 I HEREBY CERTIFY;T tAT this Is a true SRf, Attorney for the Code Enforcement Board correct copy Pt,a 1' /iiym,file in 400 Fifth Avenue S.,Ste.300 Board Mtrk:M.en:.1 Re :vys;*,V Collier COW* Naples, Florida 34102 �Fw 1 E5S t'4' ' i r°ii t�i S BI this (239)263-8206 OW ` E��BRO(J r�LE-K F COURTS elik. A _ . • O.C. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. AMSouth Bank.,Respondent(s) CEB No. 2007-84 DEPT No. 2007060075 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-84 Dept. Case No. 2007060075 Plaintiff, vs. AMSOUTH BANK ATT: PROPERTIES DEPARTMENT, 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: September 27, 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: 2435 Tarpon Bay Blvd SERVED: AMSouth Bank ATT: Properties Department, 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 '-S. Mailed: 7/31/2007 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. 2007-84 vs. DEPT CASE NO.2007060075 AMSouth Bank 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(s04-41,Land Development Code, as amended,Sections,5.04.05 [A][1], 5.04.05{A][2] 2. Description of Violation:Banner displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 2435 Tarpon Bay Blvd,(folio 24745000066) 4. Name and address of owner/person in charge of violation location. AM South Bank, Attn: Properties Dept. 3000 Riverchase Galleria# 1600,Birmingham,Al 35244-2372 5. Date violation first observed:May 31'1,2007 6. Date owner/person in charge given Notice of Violation: June 18th 2007. 7. Date on/by which violation to be corrected:June 29th,2007 8. Date of re-inspection: July 2nd,2007. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a blic hearing. Dated this.�UDay of 2007 %laan Ki o ell Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this C day of aG12007 by NOTARY PUBLIC.STATE OF FLORIDA " Delicia Pulse -• " Commission#DD629723 � Expires: JAN. 16,2011 BONDED TI U ATLANTIC BONDING CO.,INC. . �►/.�� (Si�s.ture o Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced 2. COLLIER COUNTY CODE ENFORCEMENT C............ ) NOTICE OF VIOLATION Owner. AMSOUTH BANK Date: 6/7/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 /-.,„, ATTN;PROPERTIES DEPT. [PROPERTY OWNER] Zoning IC Sec 30 Twp 48 Rng 26 Dist Mailing: 3000 RIVERCHASE GALLERIA#1600 Legal: Block Lot BIRMINGHAM,AL 35244-2372 Subdivision Location: Folio 24745000066 OR 3091 Page 3350 2435 TARPON BAY BLVD Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATIONS): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44 as amended, you are notified that a violation(s) of the following You are directed by this Notice to take the following corrective Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- action(s) described location. OBTAIN TEMPORARY USE PERMITS FOR DESCRIBED SIGNS/BANNERS IF ATTAINABLE. PERMIT MUST BE OBTAINED Ord No. 04-041, as amended Section 5.04.05[A][1] FOR PERMITTABLE BANNERS/SIGNS. THOSE SIGNS/BANNERS CODE OF LAWS AND NOT PERMITTABLE MUST BE REMOVED IMMEDIATELY. ATF ORDUNANCES PERMIT FEES WILL BE 2 TIMES THE NORMAL PERMIT FEE AS ®Ord No. 04-041, as amended Section 5.04.05[A][2] OUTLINED IN THE COLLIER COUNTY COMMUNITY DEVELOPMENT CODE OF LAWS AND AND ENVIRONMENTAL SERVICES FEE SCHEDULE APPROVED BY ORDINANCES THE BOARD OF COLLIER COUNTY COMMISHIONERS. START , ' rd No. ,as amended Section DATE FOR PERMIT WILL BE 5/31/07. d No. , as amended Section CEASE ALL FUTURE PLACEMENTS OF SIGNS/BANNERS OTHER L iurd No. ,as amended Section THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND ❑Ord No. , as amended Section DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). fl Supplemental attached Did Witness: ON 5/31/07 - 2- BANNERS COPY READS AMSOUTH BANK ON ON OR BEFORE: JUNE, 29TH 2007 FRONT AND SIDE OF MAIN STRUCTURE AND 1 GROUND SIGN W/ COVERS, COPY READS AM SOUTH BANK. BANNERS AND COVERS ARE DISPLAYED WITHOUT FIRST OBTAINING REQUIRED PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND Failure to correct violations may result in: DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE 1) Mandatory notice to appear in court or issuance of a citation that WITH CURRENT CODE. may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to 151Supplemental attached $1000 per day per violation, as long as the violation remains, and ORDINANCES costs of prosecution. SERVED BY: ['Personal Service Certified Mail ['Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE El Fax ['Mail ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL 34104 (239) 403-2493 . : t)403-2324 Signature and Title of Recipient Investigator signature MO / �� Print ,-"VIOLATION STATUS: Dated this 7 JUNE 2007 Initial ❑Recurring ❑Repeat day of Notice of Violation C)rivinal to File Corn/to Recnondent C.onv for Site Poctina Corry for Official Poctinn Rev 4/04 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. X ,�L 'EAgent • Print your name and address on the reverse" _ �!� _� 1- /0 Address ' so that we can return the card to you. - = C. Date of Delive • Attach this card to the back of the mailpiece; N _ or on the front if space permits. / D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No — —` 21 JUN'07 pm 5:1 j AMSOUTH BANK ATTN: PROPERTIES DEPT 3000 RIVERCHASE GALLERIA #1600 3, Se • Type BIRMINGHAM, AL 35244 2 3 7 2 Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Marchand Case Nbr — 2007060075 ❑ Insured Mall ❑C.O.D. 4."Restricted Delivery?(Extra Fee) ❑Yes 2. Art 7007 0220 0000 4038 1514 �dO I59� R PS Form 3811,February 2004 Domestic Return Receipt (P _ j Z _ D? 102595.02-M-1' U.S.Postal Service,,,_ - : CERTIFIED MA1L,r�:RECEIPT =- .(Domestic Mail Only;No insurance Coverage Provided) S) For delivery infornatlorvisiinury eisite at ww =usps. comB -;- / OFFICIAL USE Postage $ Certified Fee CI Postmark O Return Receipt Fee Hers /"."'N O (Endorsement Required) Restricted Derrvery Fee ❑ (Endorr ru ru Total AMSOUTH BANK ATTN: PROPERTIES DEPT se-7-011 3000 RIVERCHASE GALLERIA #1600 BIRMINGHAM, AL 35244 2372 Street or PO! city,st Case Nbr - 2007060075 PS Forrm3800 Augusr2006 S efiever se furInsrructro_ 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall e provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. i-� 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 61 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. 6'. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 7 3031237 011: 3091 PG: 3350 UCOIDID is OIIICIIL 11COI1S of COLLI11 COOItt, IL Prepared by and return to: 04/15/2002 at 03:1411 DiICIT 1. HOCK, CLIII Richard Yovanovich,Esq. COTS 1134042.00 Goodtette,Coleman&Johnson,P.A. 11C 111 15.00 4001 Tamiami Trail North,Suite 300 DOC-.70 1152.70 Naples,Florida 34103 C011IS 3.00 //J$ 4(J lets: 000DLItt1 COLIW It AL 4001 ff1All tl 1 1310 BILIS IL 34103 WARRANTY DEED THIS WARRANTY DEED,made on the 27 day of June,2002,between Brentwood Land Partners,LLC,a Delaware limited liability company,with a post office address of 350 North LaSalle, Suite 1100, Chicago, IL 60610, -called the Grantor,and AmSouth Bank, an Alabama banking corporation,w- •, 'it •;mss. is P.O. Box 11007, Birmingham, AL 35288,Attn: Properties De•: • �; tee. (Where . in the terms Grantor and Grantee shall be construed as singular p •i : as the context requi .) WITNESSETH that the�•: . • , it--: • .. con iderati o the sum of TEN AND 001100 DOLLARS($10.00)and othr g• : It b • at • tor in hand paid by Grantee, the receipt whereof is here' ;1•M•w • •, • : - : t ; ••n 01, bargained and sold to the Grantee and Grantee's heirs . - • : gns • er, • , oll r- g •.., nbed land, situate, lying and being in the County of Collie to of Florida,to wi4k o Lot 1,BRENTWOOD, , ', r.- _ to the plat the. riled in Plat Book 38,Page 33, of the Publk Records of '* •4' • ti , -.• Subject to: (a)ad valorem real property taxes for the year 2002 and subsequent years; (b) special assessments levied by governmental authority for the year 2002 and subsequent years; (c)zoning,building code and other use restrictions imposed by a governmental authority;(d) those matters listed on Exhibit "A"attached hereto. This property does not constitute all or substantially all of the assets of Grantor. For informational purposes, this parcel is part of the larger parcel which has been platted but is,as of the date hereof,assessed by Collier County,Florida under Folio No.00198240002. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey this land;that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed Page 1 of 3 Iq OR: 3091 PG: 3351 IN WITNESS WHEREOF, the Grantor has hereunto caused this Warranty Deed to be executed by its duly authorized representative the day and year first above written. Signed,sealed,and delivered Grantor. in the presence of: Brentwood Land Partners,LLC, a Delaware limited liability company B k . 412/1 y. witness signature Richa . naugh LI5 a S f;n Fl Its: President Witness Printed Name -v COO . —.... r Witn s►: ' ►. 11. Witness Printed Name STATE OF ILLINOIS n I' COUNTY OF WILL The foregoing instrument was e n•wledged before me p� ay of June,2002,by Richard F. Cavenaugh, as President of . 01. Land Pa produced Delaware limited liability company,who is (personally kno tr ' ` as identification and who did not take an oaI . V), �+ Notary Public OFFICIAL SEAL Print Name: LISA STINER My Commission Expires: NOTARY MUG.PATS OF WOOS (Seal) V COMMON EXMIES:04/27AM 1 F 1POV's F l n rd F o i Md OV e Res!F x r e'a r i n s N t i m e Residents!LLC Ibrert.vod)se AmSornh r 1 I3%023FCtni a DOCLIMMIWW111Tallh Dad.rd Warranty Deed Page 2 of 3 *** OR: 3091 PG: 3352 >t>x>t ,--- Exhibit "A" Encumbrances 1. Oil, gas and mineral rights contained in instrument recorded in Deed Book 30, Page 91. Public Records of Collier County, Florida. Right of Entry has been released. 2. Collier County Ordinance 90-87 establishing a Regional Sewer System and providing for impact fees. 3. Oil,Gas and Mineral Rights contained in deed recorded in Deed Book 33.page 307.Public Records of Collier County, Florida. 4. Utility Facilities transfer documents to Collier County. Florida. as recorded in Official Records Book 3021.at Pages 2231.2236.2240 and 2244.all of the Public Records of Collier County,Florida. rho easements. • 5. Restrictions,conditions, N- f_;•er matters contained on the Plat of Brentwood, in accord. ce • th the the Eat thereof rec d-• n Plat Book 38. Page 33. of the Public Records of C• lier o l ida�� � 6. Declaration of Re • cti• •• • ,4•• ,�'' • •',• •T 1,2o 12,in Official Records Book 3046, at Page 3366, 1 f • ? 7. Declaration of Site • ions and Restrictio • •t • • . '4,2002. and recorded August .:,�,2002,in Offici '. ,•rds Book 1�, -t ' %. -1 Public Records of Collier County,Florida. 0. ��,� . FIE CI\ Warranty Deed Page 3 of 3 i (V400 ;l- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-84 vs. AMSOUTH BANK, d/b/a REGIONS BANK, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That AmSouth Bank 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 2435 Tarpon Bay Blvd.,Naples, Florida,Folio 24745000066 more particularly described as Lot 1, BRENTWOOD,according to the plat thereof,recorded at Plat Book 38,Page 33,of the Public Records of Collier County, Florida was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 5.04.05(a)(l)and 5.04.05(a)(2)in the following particulars: Banner displayed without first obtaining required Temporary Use Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 5.04.05(a)(1)and 5.04.05(a)(2)have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$252.56 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of(.0C ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RID BY: 4d , / II erald LeFebvr- ice Chai rs 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 5 day of 62c(4' 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. 0'76 IaiIS11NE HOLTON AJv:5t1"---A ` 1 £p.. I MY COMMISSION#I DD 686595 NOTARY PUBLIC EXPIRES:No /PO*O 8U201 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 AmSouth Bank d/b/a Regions Bank,Attn.: Properties Dept.,3000 Riverchase Galleria#1600,Birmingham,AL 35244 this day of c ,2007. 41 (...)te-14 IS/7-e.0-4_,v›,tr--I M.Jean wson,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 atate o► 1 t_ORIUA ;ounty of COLLIER I HEREBY CERTIFY THAT this Is a true and correct copy tit a Co=t.+r;Cr:t cn,file In Board Minutes.t\rd+_lltrs.,,,rvs of Collier County yi ¢ ; 1 A 11 seal this S±Lda y 4f:°'6 r • : OWI r • E.'BR'O 'K 7RK Or COURTS cy COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. AMSouth Bank., Respondent(s) CEB No. 2007-85 DEPT No. 2007060140 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-85 Dept. Case No. 2007060140 Plaintiff, vs. AMSOUTH BANK ATT: PROPERTIES DEPARTMENT, 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: September 27, 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: 7950 Airport Rd N. SERVED: AMSouth Bank ATV: Properties Department, 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 Mailed: 7/31/2007 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. 2007-85 vs. DEPT CASE NO.2007060140 AMSouth Bank 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(s04-41,Land Development Code, as amended, Sections,5.04.05 [A][1], 5.04.05[A]{2] 2. Description of Violation:Banner displayed without first obtaining required Temporary Use Permit.. 3. Location/address where violation exists: 7950 Airport RD N,Naples(folio 63518000021) 4. Name and address of owner/person in charge of violation location. AMSouth Bank, Attn: Properties Dept.,3000 Riverchase Galleria#1600,Hoover AL 35244-2372 5. Date violation first observed:June 6th,2007 6. Date owner/person in charge given Notice of Violation:June 26th,2007. 7. Date on/by which violation to be corrected:June 29th,2007 8. Date of re-inspection: July 5nd,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.ao Day of 3u11,2007 Kitchell now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this, -Cklay of-Jl.( ,2007 by 4111MVO, AOPPOPri- (Signature of Notary Public) (Print/Type/Stamp Commissioned i—. Name of Notary Public) Personally known 1- or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ' Delicia Pulse Commission#DD629723 ,.•'Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. 2. . 1 i COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner. AMSOUTH BANK Date: 6/7/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 ' ' ATTN;PROPERTIES DEPT. [PROPERTY OWNER] Zoning IC Sec 01 Twp 49 Rng 25 Dist Mailing: 3000 RIVERCHASE GALLERIA#1600 Legal: Block Lot HOOVER,AL 35244-2372 Subdivision Location: Folio 63518000021 OR 2628 Page 215 7950 AIRPORT ROAD N. Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44 as amended, you are notified that a violation(s) of the following You are directed by this Notice to take the following corrective Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- action(s) described location. OBTAIN TEMPORARY USE PERMITS FOR DESCRIBED SIGNS/BANNERS IF ATTAINABLE. PERMIT MUST BE OBTAINED Ord No. 04-041, as amended Section 5.04.05[A][1] FOR PERMITTABLE BANNERS/SIGNS. THOSE SIGNS/BANNERS CODE OF LAWS AND NOT PERMITTABLE MUST BE REMOVED IMMEDIATELY. ATF ORDUNANCES PERMIT FEES WILL BE 2 TIMES THE NORMAL PERMIT FEE AS IDOrd No. 04-041, as amended Section 5.04.05[A][2] OUTLINED IN THE COLLIER COUNTY COMMUNITY DEVELOPMENT CODE OF LAWS AND AND ENVIRONMENTAL SERVICES FEE SCHEDULE APPROVED BY ORDINANCES THE BOARD OF COLLIER COUNTY COMMISHIONERS. START ' d No. ,as amended Section DATE FOR PERMIT WILL BE 5131/07. d No. ,as amended Section CEASE ALL FUTURE PLACEMENTS OF SIGNS/BANNERS OTHER [JOrd No. , as amended Section THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND ❑Ord No. ,as amended Section DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). (Supplemental attached Did Witness: ON OR BEFORE: JUNE, 29TH 2007 ON 6/6/07—2- BANNERS COPY READS AMSOUTH BANK ON FRONT AND SIDE OF MAIN STRUCTURE AND 1 GROUND SIGN W/COVERS, COPY READS AM SOUTH BANK. BANNERS AND COVERS ARE DISPLAYED WITHOUT FIRST OBTAINING REQUIRED PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND Failure to correct violations may result in: DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE 1) Mandatory notice to appear in court or issuance of a citation that WITH CURRENT CODE. may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to J Supplemental attached $1000 per day per violation, as long as the violation remains, and ORDINANCES costs of prosecution. SERVED BY: ['Personal Service Certified Mail ❑Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE DFax ❑Mail ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No. Horseshoe Dr.Naples,FL 34104 (239) 403-2493 Fax 239 403-2324 Signature and Title of Recipient Investigator signature tar Print ^VIOLATION STATUS: Dated this 7T" JUNE 2007 day of ®Initial ❑Recurring ['Repeat Nntine of Violation Original to File C.nnv to Recnnnrlent C'nnv fnr Cite Pnctinv C.nnv for Official Pncting Rev 4/(14 2 a, •: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A Sig item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse ❑Addresse • so that we can return the card to you. B. Received by(Prb rti d Name) C. Date of Deliver • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 06-26-07 P02 :26 IN AMSOUTH BANK ATTN: PROPERTIES DEPT 3000 RIVERCHASE GALLERIA #1600 3._ServiceTme HOOVER, AL 35244 2 3 7 2 O ed Mail ❑Express Mall Case Nbr — 2007060140 ❑Return Receipt forMerchatdis ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 " ( 7007 0220 0000 4038 1521 k)0 t/ / l� FS._ rm 3811,Febiiiary 20:04 _ Domestic Retum Receipt c7 _ I Z 0--4_ 1O2595-O2-M-15 z U S PostaI Service_r CERTIFIED MAIL„RECEIPT (Domestic Mail Only,No Insurance Coverage Provided) r>I I fl For delivery,info_rmation visit ourwebsrte at_www usps com0 4 -° r 0 FF C Postage $ Certified Fee Postmark D Return Receipt Fee Here D (Endorsement Required) Restra D (Endors fU AMSOUTH BANK ru Totals ATTN: PROPERTIES DEPT D 3000 RIVERCHASE GALLERIA #1600 Sent To HOOVER, AL 35244 2372 r`- D �Stree4% D orPOB Case Nbr - 2007060140 City,Starr,crrt•4 PS Formr3800 ALrgust,2005 - ;See peverse for lnstructio' • • 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 51 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. if required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 7. 2517344 OR: lblb PG: U115 BIC00DID in OPIICIAL 01000DS of COLLUI COOrTI, [1 Grantee Federal Tax I.D.No. 01/05/2000 at 00:00111 DIIGIT I. NIOCI, CLIII CONS 050000.00 Property Appraiser's Parcel 0!C PO 10.50 identification No.63518000021 DOC-.70 5550.00 Bets: This instrument was prepared 00ITIN1 l ANDRSS without opinion of tide by 050 IAOl 50011 DI 30D FLWI and After Recording Return to: WINS IL 34103 Mark J.Price,Esq. Ruetzel&Andras,A Legal Professional Association Trianon Centre,Third Floor 850 Park Shore Drive Naples,Florida 34103 (941)649-6200 (Spac shove thic line for reynrding data) __- SPECIAT.WARRANTY DEED THIS SPECIAL WARRANTY DEED made the...Li_day of I Gt•,t,L': , 1999,by Vaaair Partners. Ltd., a Florida limited partnership, whose post office address is 12995 South Cleveland Avenue, Suite 214, Fort Myers, Florida 33907,hereinafter called the "Grantor",to AmSouth Bank,an Alabama banking corporation, whose post office address is Post Office Box 11007,Birmingham,Alabama 35288,hereinafter called the"Grantee': (Wherever used herein the terms "Grantor"and "Grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars and other valuable considerations, receipt and sufficiency whereof is hereby acknowledged,hereby grants,bargains, sells,aliens, remises, releases,conveys and confirms unto the Grantee.all that • '• and situate in Collier County,Florida,viz: Tract 'A",Naples Walk,according : the •.,• , Plat Book 30,at Pages 94 and 95, inclusive, of the Public Records • c County. Florida, ',, with a perpetual non-exclusive access easement over and ac wfr "R" and a perpetual no, xcl :re drainage easement over, across and through those •• „ o • • •• •. "F "and‘t• " 2"to and upon Tract"S"as provided in Article VI of s- •on , - ,venants, C�tions and Restrictions for Naples Walk, recorded Nom , y _, 244, at Pages 3309 through 3339,inclusive,of the Pub[' - of 7� �i� -• mendei! 1 � This conveyata is subject to the ' •• • hereof as Exhibit-A'. TOGETHER, with all the ‘a c, bereditaments •• thereto belonging or in anywise app g. TO HAVE AND TO HOLD,the •• ;., fo, � .• CTRL' AND the Grantor hereby covenants with •01 the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the tide to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF,the said Grantor has executed these presents on the day and year first above written. Signed,sealed and delivered Nt1 1mtul VANAIR PARTNERS,LTD.. ,, t in our presence: a Florida limited partnership `•A,Oj.••: By: Vanair.Inc.. i°SEAL`S a Florida corporation. 's = 1997 its general partner ' S R ; 21&(•tk"CC iL Li. if' X 1- ' , QR1Qp''• ` Witness Name: ,57(Get:i • J r'// ' `a �` 4v00 cl 42 Susan M.Sprehn,as • Secretary Widnes[Name. `,.•• l•..,c STATE OF FIARIDA )ss: COUNTY OF LFE The foregoing instrument was acknowledged before me this 3,/ day of L't • ':c/`r 1 , 1999 by Susan M. 5prehn.as Assistant Secretary of Vanair,Inc.,a Florida corporation.the general partner of Vanair Farmers, �� Ltd., a Florida limited partnership, who (4-1 is personally known to me or ( ) has produced as identification. (, jar,•'4s, 7�� �e';,.� 131414, (SEAL) * * sy�ocemsg. NOTARY PUBLIC Lows sm.It.van noff 8- *** OR: 2628 PG: 0216 *** PERMITTED EXCEPTIONS 1. Real Estate Taxes for 2000 and subsequent years. 2. Zoning and use restrictions imposed by governmental authority. 3. Agreement between Michael Procacci,Joseph Procacci, Vineyards Development Corporation, Vineyards Utility, Inc.,and Board of County Commissioners of Collier County,dated June 20, 1989,and recorded August 3, 1989,in Official Records Book 1460,at Pages 16 through 24, inclusive,of the Public Records of Collier County, Florida. 4. Collier County Ordinance Number 75-20 which regulates the installation of water distribution and waste water collection systems:Ordinance Number 75-21 which protects certain trees within Collier County; and Ordinance Number 75-24 which is known as the"Collier County Zoning Ordinance for the Coastal Area Planning District":all of which were recorded May 19,1975.in Official Records Book 619,Pages 1177 through 1381,inclusive,of the Public Records of Collier County,Florida. 5. Resolution pursuant to Chapter 67-1246 of the Laws of the State of Florida establishing the Immokalee Area Planning District and Coastal Area Planning District as recorded May 6, 1976,in Official Records Book 649,at Page 1239, of the Public-Records of Collier County, Florida. 6. Collier County Ordinance recorded in Official Retards Book 1894, at Page 1096, et seq., of the Public Records of Collier County.Florida. 7. Easement recorded May 7, 1986, in Official Records Book 1 193.at Page 1127,of the Public Records of Collier County, Florida. 8. United Telephone Company of Florida Ease June 7, 1994,in Official Records Book 1955,at Pages 1 and 2, inclusive,of the Public Records of Col� C�Mh ae.9. Maintenance obligations as set • i h • at certain Declaratt•• o is recorded December 29, 1993, in Official Records Book 1898, at Pages Or.•rough 2323, inclusive, as need by Amendment to the Declaration of Easements dated September 24, 1997, - • 2ctober-2,.1997,-ire Office R rds Book 2351•at Pages 1797 through 1800, inclusive,both of the Public r•• of C Cunt , Flori�. 10. Assignment of Develop Ri: • o r 315y - red oober 17, 1997, in Official Records Book 2356,at Pages 522 through 5 44 ,'ve • for it •rdss f ollr- C. •ty, Florida. 11. Memorandum of Lease betw t :• • Partners. Ltd.. a -t•rida I' ' • „rship,and Publix Super Markets. Inc.,a Florida corporation,dated June\2ilp "8,and recorded Jul -: 1''8 a rcial Records Book 2443,at Pages 717 through 743, inclusive, as affected by 'ain Landlord's Notice •- •• truction Liens dated July 7, 1998, and recorded July 16, 1998, in Official Recorr• vi• 441, at Pages 2 .ki4 67, both of the Public Records of Collier County, Florida 4 C C. 12. Declaration of Easements.Covenants,Conditions •• •estrictions for Naples Walk,recorded November 30. 1998. in Official Records Book 2484.at Pages 3309 through 3339,inclusive,as amended by First Amendment thereto dated March 1, 1999,and recorded March 2, 1999,in Official Records Book 2518,at Pages 2359 through 2362, inclusive,both of the Public Records of Collier County, Florida,as amended. 13. Conditions, restrictions and limitations together with easements reserved for public utilities as shown on plat of Naples Walk,as recorded in Plat Book 30,at Pages 94 and 95,inclusive,of the Public Records of Collier County,Florida. 14. Agreement of Use Restrictions for Outparcel"E"and Naples Walk Shopping Center dated November 23, 1998,and recorded November 30, 1998.in Official Records Book 2484,at Pages 3340 through 3347,inclusive,of the Public Records of Collier County.Florida. 15. Notice of Permit recorded December 29, 1998,in Official Records Book 2496.at Pages 855 through 857,inclusive, of the Public Records of Collier County. Florida. 16. Easement by Vanair Partners,Ltd.,in favor of Florida Power&Light Company,dated and recorded May 14, 1999, in Official Records Book 2547,at Pages 828 through 832, inclusive,of the Public Records of Collier County, Florida. 17. Easement by Vanair Partners.Ltd.,in favor of Florida Power&Light Company,dated and recorded May 14, 1999. in Official Records Book 2547, at Pages 833 through 835, inclusive,of the Public Records of Collier County, Florida. EXHIBIT"A" _. - It4 I„I- ., ...talker iii.- ' e•.., ''.- ...,, . , .., ,. ... .,„,. . , , rt A . . . , . . . .. , . . - 1 , • "It. • ' -- ' t'.... r Z ' . , 'V'. ' . i .. „*1 <00401.44 - 11111111111111=1111 , , 7 \. . .. . e,.., ,."...., .,■ , , , .,+. n. ■ r 1 • \ 4' a , ' .... .,.... ''. .., 4 ' 4 . 'i,.;,.... 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(00/1q CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-85 vs. AMSOUTH BANK, d/b/a REGIONS BANK, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That AmSouth Bank 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 7950 Airport Road N.,Naples, Florida, Folio 63518000021 more particularly described as Tract"A",Naples Walk,according to the plat thereof,recorded at Plat Book 30, Pages 94 and 95, inclusive,of the Public Records of Collier County, Florida,together with a perpetual non-exclusive access easement over and across Tract"R"and a perpetual non-exclusive drainage easement over,across and through those portions of Tract"R"and Lot"F-1"and Lot"F-2"to and upon Tract"S"as provided in Article VI of the Declaration of Easements, Covenants,Conditions and Restrictions for Naples Walk, recorded November 30, 1998, in Official Records Book 2484,at Pages 3309 through 3339, inclusive,of the Public Records of Collier County, Florida,as amended was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 5.04.05(a)(1)and 5.04.05(a)(2)in the following particulars: Banner displayed without first obtaining required Temporary Use Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 5.04.05(a)(I)and 5.04.05(a)(2)have been abated. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$257.35 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 3 day ofd ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA i BY:Gerald LeFebvre ic- air 2800 North Hor shoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) /n The foregoing instrument was acknowledged before me this _3 day of v C 74.- , 2007,by Gerald LeFebvre, Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or c/ who has produced a Florida Driver's License as identification. KRISTINE HOI TON F��A/J � . 9 "" NOTARY PUBLIC ',. MY COMMISSION#DD 886595 £ EXPIRES:June 18,2011 My commission expires: :Rr Bonded Thru Notary Pubic underwriere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to AmSouth Bank,d/b/a Regions Bank,Attn.: Properties Dept., 3000 Riverchase Galleria#1600, Hoover,AL 35244 this I day of ( 'Cr ,2007. M.Jan son, Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples, Florida 34102 (239)263-8206 State of f LORIUA ;ounty of COLLIER I HEREBY CERTir? THAT th;s is a true and 4 correct caa ric.f`t' te' s >zr. ort Ms in c oard Mi€lu .v'.Ic . :t' Collier County W,�,�ITLN`ES ,.t ,y it tt +. 1 ', ial se 1 this ,`��(i∎jjay CSI' C� C. Z .. OWIG E I I OCK'•, C :11C OF COURTS IlLi '' - 'r. . . 0 A D.C. , BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-91 DEPT NO. 2007040849 ALAN J. VINCENT TR Respondent(s), STIP TION/ 14.0 N f`�� / COMES NOW, the undersigned, t'4✓ `/ tl/l' , 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 2007040849 dated the 27TH day of September, 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 27th of September , 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) 2004-58 as amended, The Property Maintenance Code, sections 3[1],16[1][k],16[2][d] and 2005-44, as amended, Litter, Sections 6,7.8.and are described as Property not maintained according to code, THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$3$8.84 incurred in the prosecution of this case within 30 • days of the date of this hearing. 2) Abate all violations by: A. Premises must be kept in a clean and sanitary condition. Cut any weeds or grasses that are over 18 inches on said property and maintain said premises in a clean and sanitary condition within 7 days of the date of this hearing or a fine of $50.00 a day will be imposed until said property is maintained according to the minimum standards of this code. B. Remove any litter or accumulations of litter from said property within 7 days of the date of this hearing or a fine of$100.00 a day will be imposed until all such litter is removed from said property. C. Notify Code Enforcement Investigator when violation(s)have been abated for final inspectio i, o confirm compliance. 3) Respondent must notif ••e Enforcement that the violation has been abated and request the Investigator to com- •, - • perform a site inspection WITHIN 24 HOURS OF ABATEMENT. d , ,,,,-. „7 GA Kespondent W%/' Mic Arnold, Director Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alan J. Vincent TR., Respondent(s) CEB No. 2007-91 DEPT No. 2007040849 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-21 Deed 22-23 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-91 '� Dept. Case No. 2007040849 Plaintiff, vs. ALAN J. VINCENT, 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: September 27, 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: 3635 Radio Road SERVED: Alan J. Vincent TR., 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 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,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-91 Vs. DEPT CASE NO.2007040849 ALAN J.VINCENT TR Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance 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)2004-58,The Property Maintenance Code,as amended, Sections 3[1], 16[1][k], 16[2][a], 16[2][d], and 2005-44,Litter,as amended, Sections 6, 7, 8. 2. Description of Violation: Property and structure not maintained according to code. 3. Location/address where violation exists. 3635 Radio Rd,Naples Fl. (folio 00270720000). 4. Name and address of owner/person in charge of violation location: Alan J Vincent TR, 7020 Sable Ridge Ln,Naples Fl,34109-3806. 5. Date violation first observed:April 27,2007. 6. Date owner/person in charge given Notice of Violation:May 194h,2007. 7. Date on/by which violation to be corrected:July 15th,2007 8. Date of re-inspection: August 1s`,2007 9. Results of Re-inspection:Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a . c hearing. Dated this B Day of 2007 110401 Kitc ell T w Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER sk-- . Sworn to . a ed)and ubscribed before this day of ,2007 by IF Ad& 2(/ .11� (Si.g ature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification n Type of identificati, produced NOTARYPIJBIE-STATE: 1f„ __ 3 •' D 2>' REV 3-3-05 BONDED BONDEDTHRUATLAM'' .,.iiis.in'::4,00. 2. Case Number 'WUU/U4UK4Y COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 4//27/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 ALAN J VINCENT TR [PROPERTY OWNER] Zoning I Sec 36 Twp 49 Rng 25 Dist ai In g 7020 SABLE RIDGE LN Legal: Block Lot -.'4"6""'`--:-NAPLES FL 34109-3806 Subdivision Location: 3635 RADIO ROAD Folio 00270720000 OR 4006 Page 4138 Book Unincorporated Collier County You are directed by this Notice to take the following corrective NOTICE action(s) 1) REMOVE ANY UNLICENSED/INOPERABLE VEHICLES Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. FROM PROPERTY 2) OBTAINING A BOARDING CERTIFICATE 05-55 and 97-35, as amended, you are notified that a violation(s) of the FROM CODE ENFORCEMENT FOR DERELICT STRUCTURE OR following Collier County Ordinance(s)and or PUD Regulation(s)exists at DEMO SAID STRUCTURE 3) MAKE LOT INTO CLEAN AND the above-described location. SANITARY CONDITION AS PER CODE. Ord No. 2004-58, as amended Section 3[1] (Supplemental attached Ord No. 2004-58,as amended Section 16[1][k] C.4 Ord No. 2004-58, as amended Section 16[2][a] Ord No. 2004-58, as amended Section 16[2][d] 216S(d No. 2004-58, as amended Section 17[d] ON OR BEFORE: JUNE 30th 2007 i No. 2004-58, as amended Section 10[3] 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 ��/�j c, 2) Code Enforcement Board review that may result in fines up to v' / /� $1000 per day per violation, as long as the violation remains, and Did costs of prosecution. ON 9 6 1 —STRUCTURE, W/ MUTIPLE VIOLATIONS IN NEED OF RE AIR AND BOARDING OR DEMOLITION, LOT IS NOT KEPT IN CLEAN AND SANITARY CONDITION, MANY SERVED BY UNLICENSED/INOPERABLE VEHICLES ON SITE THESE ARE CONTRARY TO THE MAINTENANCE CODE FOR THE ❑Personal Service ®Certed Mail ❑Posting of Property UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA AND ❑Fax ❑Mail MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. J5 JSupplemental attached ORDINANCE Signature and Title of Recipient -- Print / � INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Dated this / ( day of rs 2006 ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2493 F039)403-2343 Investigator signature OIL -4 s VIOLATION STATUS: 111111111PNV Initial ❑Recurring ❑Repeat ORDER TO CORRECT VIOLATION(S): Notice.of Violation Original to File Cony to Recnonrlent Cony for Site Pnctine ('nnv for Official Poctine Rev 4/04 3. SENDER: COMPLETETHIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. X I ❑Agent • Print your name and address on the reverse ❑Address( so that we can return the card to you. B. Re - e'y P nted Name) C. Da of Der e • Attach this card to the back of the mailpiece, / or on the front if space permits. D. Is delivery address different from Item 1 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No VINCENT TR, •ALAN J MARGARET M VINCENT--TR ALAN J VINCENT REV 2001 7020 SABLE RIDGE LN 3. Se ice Type NAPLES, FL 34109-3806 U 'Certified Mail ❑Express Mail 02 01 0 u U Qy ( Registered ❑Return Receipt for Merchandk ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7006 2150 0005 6162 5491 ��V � �3( I��� PS Form 3811, February 2004 Domestic Retum Receipt 102595-o2-M-1e U rCEStaIi n?Secf.''r'1M 3 '1' CERTIFIED IVIAI ..,,r RECECP '� (Darr eSfl�JllarPl7n%jc;lfCo fa i ancerCoverage Provide`dj wFnrde livery,!irlformat[°firiilsrto4r sebsiteatwww;us_ crm ru • Postage $ -0 Certified Fee cu Return Receipt Fee °tm k O (Endorsement Required) ere Restricted Delivery Fee (Endorsement Required) L Total I ru Sent To VINCENT TR, ALAN J `0 MARGARET M VINCENT TR 3`treet,A orPOBe J VINCENT REV 2001 N 7020 SABLE RIDGE LN City NAPLES; AFL 34109-3806 42-0 0 • 4, Case Number: 2007040849 GS' COLLIER COUNTY CODE ENFORCEMENT Litter and/or Waste Collection ■—■, NOTICE OF VIOLATION r: ALAN J. VINCENT TR Date: 4/27/07 Investigator g Kitchell Snow Phone: 239-403-2493 Zoning Dist I Sec 36 Twp 49 Rng 25 Mailing: 7020 SABLE RIDGE LN Legal: Subdivision Block Lot NAPLES,FL 34109-3806 Location: 3635 RADIO ROAD 0 Folio 00270720000 OR Book 4006 Page 4138 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. E(Must remove all litter / unauthorized accumulation of litter from Ordinance 2005-44 location in question to an appropriate waste disposal facility. ®Section 6,Unlawful to Litter OMust remove any and all abandoned/derelict property It is unlawful for any person to throw,discard,place,drop,or deposit Litter in any manner location in question to a site intended for final disposal of same OR or amount in or upon any public property,private property,right-of-way,etc. store desired items within a completely enclosed structure. ®Section 7,Prohibited Accumulation of Litter Any unauthorized accumulation of litter in or upon,any property, NiSupplemental attached ORDINANCE perty,vacant or improved,or on or upon any public street, alley or other public or private place is a violation Unauthorized accumulation of litter shall include the storage of Litter or containerized ON OR BEFORE: JULY 15TH,2007 Litter placed adjacent to public right-of-way earlier than 6 p.m.of the night prior to the regularly scheduled pickup for that location OR allowing said accumulation of Litter to Failure to correct violations may result in: remain adjacent to the public right-of-way after 6 p.m.on the day of scheduled collection. 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR Section 8,Prohibited Dumping 2) Code Enforcement Board review that may result in fines up to It is unlawful for any person to engage in or permit the dumping, storing, placing, or demoting of abandoned property on any public or private real property,street,or highway $1000 per day per violation, as long as the violation remains,and e ng abandoned property stored within a completely enclosed building, costs of prosecution. Omer Ordinance/Narrative: ON 4/27/07 DID OBS ACCUMULATION OF LITTER CONSISTING OF BUT NOT LIMITED TO, PILES OF SERVED BY: O LITTER,CONSTRUCTION WASTE, PLASTIC PIPES,ECT Personal Service Certified Mail ❑Posting of Property ['Fax ]Mail • Signature and Title of Recipient Print Dated this 14TH day of May ,2007 NQUIRIES AND COMMENTS SHOULD BE DIREL I hD TO CODE ENFORCEMENT INVESTIGATOR Kitchell Snow :800 No.Horseshoe Dr.Naples,FL 34104 1 239) 403-403-2493 Fax:(239 4 3-2343 nvestigator signature /IOLATION STATUS: DInitial DRecurring -.. ORepeat r SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. c •gent • Print your name and address on the reverse X -� 0 Addressee so that we can return the card to you. B. Received by(Prin -d Name) .f qe• ery • Attach this card to the back of the mailpiece $ -or on the front if space permits. D. Is delivery address different from item 1? ❑Y- 1. Article Addressed to: If YES,enter delivery address below: 0 No __ VINNT TR, ALAN J MARRET M VINCENT TR AlAIJ VINCENT REV 2001 7020 SABLE RIDGE LN 3. Service Type NAPLES, FL 34109-3806 \Certified Mail 0 Express Mall q egistered 0 Return Receipt for Merchandise O%) 7 G�11 Q /" 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 7006 2150 0005 6162 5507 LC, 4' ' 1 3 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 US-Postal Service,Tr CERTIFIED MALT RECEIPT r, (Domestic Mail Only No Insurance coverage Provided) us scomo-� �► For delivery fnfnrmaiion visit our wetisite atww!v. p rU postage Certified Fee a*‘c to` t Fee ere �p (Endorsement Required) Restricted Delivery Fee (Endorser U7 I-1 TotalP VINCENT TR, ALAN J ru MARGARET M VINCENT TR ant o ALAN J VINCENT REV 2001 --------------- En 7020 SABLE RIDGE LN � Street,� or POE NAPLES, FL 34109-3806 -670i 'Zc9C 64.0 V49 Seeflevers • 'InStrucriorts; ,Rs FOPRi"nu August 20Q6r • • • {Y • �/ 23466� cr8 o, ry 1 X1111 sot J t, �'° cc ORDINANCE NO.200458 % UI. ' q N ORDINANCE ESTABLISHING A PROPERTY �� P MAINTENANCE CODE FOR THE UNINCORPORATED AREA 2seeeenzafr 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� o FOR NUISANCES; PROVIDING STANDARDS FOR SECURING r, BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING nT N REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY 57;".„-, i THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING F; FOR A NOTICE OF HEARING FOR REVOCATION OF T .w.-; RENEWAL CERTIFICATE; REPEALING �T rn COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- n 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL ='y ry CONSTRUCTION; PROVIDING FOR INCLUSION IN THE nm — 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 7. maintenance and appearance of exterior premises constitute a menace to the health, safety, welfare, morals and reasonable comfort of the unincorporated County's inhabitants;and WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain properties have the effect of creating slum and blight conditions which,if not curtailed and removed,will grow and spread;and WHEREAS, by reason of timely regulations and restrictions contained herein, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained;and WHEREAS,the Collier County Board of County Commissioners finds it is important to protect and enhance the property values of the unincorporated County;and WHEREAS,the Collier County Board of County Commissioners finds it is important to beautify and preserve the appearance and aesthetic qualities of the neighborhoods,to control population density, and to control parking and traffic facilities in the unincorporated County,and WHEREAS, the Collier County Board of County Commissioners finds it is necessary to establish requirements for the minimal maintenance of vacant and boarded properties to prevent blight in the unincorporated County; • NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: TITLE This Ordinance shall be known and may be cited as the"Collier County Property Maintenance Code." SECTION TWO: PURPOSE AND SCOPE 1. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved or unimproved premises; to minimize impacts of construction; and provides a just,equitable and practicable method to prevent: a. Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants;or b. Diminished property values;or c. Detracting from the appearance of the residential area. 2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as dwelling unit in whole or in part,and every portion of a commercial or non-residential building or structure,regardless of the primary use of such building or structure and regardless of when such building or structure was constructed, altered or repaired. SECTION THREE: GENERAL PROVISIONS 1. Maintenance. Equipment,systems,devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection. safety systems and devices in existing structures. Except as otherwise specified herein,the owner shall he responsible for the maintenance of buildings,structures and premises. ?. Application of other codes. Repairs. additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 2 K 3. Existing remedies.The provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. 4. Requirements not covered by this Code. The Building Official shall determine requirements necessary for the strength,stability or property operation and general conditions acceptable for an existing fixture,structure or equipment not specifically covered by this code. 5. Deviation from Code. Where practical difficulties are prohibitive in carrying out the provisions of this Code, the Community Development Administrator, or designee, in coordination with the appropriate Iicensed authority,if applicable,has the authority to grant modifications for individual cases. The modification shall be in compliance with the intent and purpose of this Code and shall not lesson health, life and fire safety requirements. The basis for granting modifications shall be recorded and entered in the Department files. 6. Compliance. It shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated County to comply with the requirements set forth in this Ordinance. No premises or building,or combination, shall be used in a manner inconsistent with or in conflict with the requirements of this Ordinance. 7. Conflict with other codes. The provisions of this article shall apply to all buildings,structures or premises in existence or built within the unincorporated County. Where the provisions of this Ordinance impose a standard different than that set forth in any other County ordinance or state law, the most restrictive standard shall apply. SECTION FOUR: DEFINITIONS When used in this Code,the following terms shall have the following meanings,unless the • • content clearly otherwise requires: 1. ACCESSORY USE OR STRUCTURE—a use or structure of a nature customarily incidental and subordinate to the principal use or structure,and,on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building,it shall be considered a part thereof,and not an accessory structure. 2. ATTIC—any story situated wholly or partly in the roof,so designated,arranged or built to be used for storage or uninhabitable space. 3. BOARD—Board of County Commissioners of Collier County.Florida. 4. BOARDING-the placement of plywood or some type of construction material as a temporary barrier to cover and obscure a window,storefront or access to a structure. 5. BUILDING—a structure of any kind,which is built or constructed of parts joined together in some definite manner,which requires a fixed location on,or in the ground attached to something having a fixed location on or in the ground. 6. BUILDING CODE—the Florida Building Code,or its successor,as amended by the Collier County Board of County Commissioners. 7. BUILDING OFFICIAL—the individual charged with the responsibility to administer, supervise,direct,enforce,or perform the permitting and inspection of construction.alteration,repair. remodeling,or demolition of structures and the installation of building systems,to ensure compliance with the Building Code. 8. CODE ENFORCEMENT BOARD—The Collier County Code Enforcement Board created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162,Florida Statutes. 3 9. 9. CODE ENFORCEMENT INVESTIGATOR-any authorized agent,representative,or County employee designated by the Housing Official to ensure compliance and enforcement of the provisions of this Code. 10. CONDEMNATION—the declaration by a Housing Official or designee that a property • or structure is unfit for use or habitation or dangerous to a person or other property pursuant to Chapter 553,Part VI,Florida Statutes,with consultation from the Fire Department,Health Department,Building Official,or other applicable agency. 11. COUNTY MANAGER-County Manager or his designee. 12. DANGEROUS BUILDINGS AND STRUCTURES-all buildings,dwelling units or structures which are unsafe,unsanitary,unfit for human habitation,or do not provide for adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human Iife,or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance,dilapidation, obsolescence,or abandonment.Additionally,any building,dwelling unit or structure that is deemed to be classified as any one of the following: a. A structure or dwelling unit,which,in the opinion of the Fire Inspector constitutes a fire hazard;or b. A structure or dwelling unit which in the opinion of the Health Inspector, constitutes a threat to the health of its occupants or to the health of the general public by reason of the unsanitary,infectious or defective condition of said building;or c. A structure or dwelling unit, which in the opinion of the Building Official or designee or a Florida State Certified engineer falls below minimum structural standards; or d. A structure or dwelling unit,the interior walls or other vertical structure members of which list,lean or buckle to the extent that a plumb line passing through its center of gravity falls outside of the middle third of its base;or e. A structure or dwelling unit,exclusive of the foundation,which evidences 33%or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or covering;or f. A structure or dwelling unit existing in violation of any provision of the Building Code or any other ordinance of the County. 13. DEBRIS—any material which is stored externally or internally and shall include,but not be limited to the following:discarded household items;inoperative or discarded machinery,automobiles or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures,insulation,and other building material. 14. DETERIORATION—a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling,rusting, mold/mildew, graffiti or any other evidence or physical decay or neglect,or excessive use,or lack of maintenance,including the landscaping and parking areas. 15. DILAPIDATED—substantial deterioration of a building or parts thereof,such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended. 16. DWELLING UNIT-- A single unit within a building providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. 17. ELECTRICAL CODE-National Electrical Code,as it may be amended or its successor. 4 /0 18. FIRE INSPECTOR—One certified to have met the inspection training requirements by the Division of Sate Fire Marshall of the Department of Insurance. 19. GARBAGE— any animal or vegetable waste resulting from the handling, preparation, cooking,and consumption of food,including food containers of any type. 20. GAS CODE_the Building Code revisions,as may be amended or its successor. 21. HABITABLE ROOM— a space in a structure for Iiving, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space. 22. HEALTH INSPECTOR—the Director of the Collier County Health Department or his or her designee. 23. HOUSING OFFICIAL—the officer charged with the administration and enforcement of this Code or a duly authorized representative or representatives. The Code Enforcement Director is hereby designated to be the Housing Official. 24. IMPROVED PROPERTY - real property, which contains a building(s) or other structural improvements. 25. INFESTATION—the presence within or around a structure of insects,rodents,or pests, which are detrimental to the public health, safety, and general welfare of the residents or occupants, or neighboring properties. 26. INOPERATIVE VEHICLE(S) — vehicles or trailers of any type that are: not immediately operable, used for the purpose for which they were manufactured,in need of mechanical or electrical repairs or the replacement of parts,do not meet the definition of recreational vehicle as defined in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current valid license plates. 27. LOCAL AGENT OR OPERATOR — a person or representative of a corporation, partnership,firm,joint venture,trust,association, organization or other entity,having his or her place of residence in Collier County and designated by the owner to maintain such premises in compliance with the provisions of this Ordinance under the Rental Registration Section. The owner may act as the local agent so long as he/she resides in the County. 28. NONRESIDENTIAL STRUCTURE — any structure that is not a residential structure. This term shall include,but is not limited to,any occupied or unoccupied structure,commercial structures or buildings, mixed use buildings or structures that include both dwelling units and office or retail combinations,and every other structure that is not a dwelling. 29. NUISANCE—Unsanitary conditions or anything offensive to the senses or dangerous to health. 30. OCCUPANT — any person living, sleeping, cooking or eating in, or having actual possession of,a dwelling unit,within the confines of any building or structure. 31. OPENABLE AREA—any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. 32. OWNER —the holder of the title of property, if fee simple. and any person, group of persons.company,association or corporation in whose name tax bills on the property are issued. tt shall also mean any person who, alone or jointly or severally with others: (a) shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or control of any dwelling unit,as owner,personal representative,executor.executrix,administrator,trustee, guardian of the estate of the owner,mortgagee or vendee in possession, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such 5 //. person thus representing the actual owner shall be bound to comply with the provisions of this Code,and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his /"—*N, responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property,which apply to the owner. 33. OXYGEN DEPLETION SENSING SYSTEM(ODSS)- an automatic pilot and shutoff system. Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to blow out or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve. 34. PERSON-any individual,firm,corporation,association,partnership or other entity. 35. PLUMBING CODE—the Building Code revisions,as may be amended or its successor. 36. PREMISES—a lot,plot or parcel of land,or portion thereof,including the buildings or structures thereon. 37. RENTAL REGISTRATIONS—the registering of residential rental units with the Collier County Code Enforcement Department. 38. RENTAL UNIT -A rental unit is any dwelling unit that is not owner occupied but occupied'by someone other than the owner for any portion of a calendar year. 39. RESIDENTIAL STRUCTURES—any dwelling unit or structure where any part is used or intended to be used for living,sleeping,cooking or eating. 40. RUBBISH—any waste material other than garbage. 41. SKYLIGHT—an opening through the roof and ceiling to admit light to a room,including the window portion therein. The assembly may or may not have an operable section to provide ventilation. 42. SPECIAL MASTER—an attorney designated by the Board of County Commissioners /�•. pursuant to Chapter 162,Florida Statutes who has the authority to hold hearings and assess fines against violators of Collier County Codes and Ordinances. 43. STAIRWAYS—one or more flights or stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another, within or attached to the exterior of a building or structure. 44. STORY—that portion of a building included between the upper surface of any floor and the upper surface of the floor next above,included between the upper surface of the topmost floor and the ceiling or roof above. 45. STRUCTURE—anything constructed or erected which requires the fixed location on the ground,or in the ground,or attached to something having a fixed location on or in the ground,including, but not limited to,fences.buildings,towers,smokestacks,utility poles and overhead transmission lines. 46. SUBSTANDARD — any residential or commercial building or structure used as a dwelling unit which is so damaged,decayed,dilapidated,or vermin infested that it creates a hazard to the health or safety of the occupants/public. Any such unit that lacks illumination,ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary,as well as unfit for human habitation and therefore substandard,except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 47. VENTILATION— the process of supplying and removing air by natural or mechanical means to or from any structure,building or dwelling. 48. WEATHERPROOF—able to withstand exposure to weather without damage or loss of function. 6 a • SECTION TEN: NOTICE OF VIOLATION PROCEDURES. Whenever the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists,the following action shall be taken: 1. The Housing Official or Code Enforcement Investigator shall provide written notice of • any alleged violation to the owner,operator or other party responsible for the dwelling unit,building, structure or premises. Such written notice of violation shall include the following: a. A description of the location of the structure involved,either by street address or legal description; b. A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c. A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based; d. If repairs or alterations will bring the structure into compliance with this Ordinance,a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e. If repairs or alterations are necessary for compliance,a specified time within which such repairs or alterations are required to be made; f. If the violation is of such character that repairs or alterations cannot bring the structure into compliance,a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; g. The name or names of persons upon whom the notice of violation is served as stated in subsection(2)of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be either personally served upon the owner or served by certified mail,return receipt requested,at the address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused,notice shall be posted in a conspicuous place on the premises at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator,occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. Service on the owner's agent or operator at the address listed in owner's Rental Registration Application by first class mail shall substitute for service on the owner. If the owner does not occupy the premises,a copy of the notice of violation shall also be provided to the occupant of the premises. 3. The Housing Official is authorized to condemn any building,dwelling,structure or accessory structure,which is in violation of this Code and is unsafe,unfit or unsanitary for human occupation and constitute a dangerous building or structure.The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe,unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing,defacing or mutilating any such notice,order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 ^, of this Ordinance. 14 /3. 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 /4. i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Ezterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 /�. '�� ` ��`'J\ ORDINANCE NO.2005- 44 AT clews i N AN ORDINANCE WHICH REGULATES AND CONTROLS N L^ a LITTER, WEEDS, AND EXOTICS WITHIN THE itce UNINCORPORATED AREA OF COLLIER COUNTY, , t ` �Y PROVIDING PURPOSE AND INTENT; TITLE; �' rb APPLICABILITY; DEFINITIONS; DECLARATION OF LTrik.:R �8[�bLEL�'��O TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATING THE STORAGE OF LITTER (AND CHANGES RELATED rel.. CONSTRUCTION SITE CONTAINMENT OF LITTER);. rn ` REGULATING WASTE MATERIALS MANAGEMENT (AND _•; CONTAINMENT PIT AREAS TO CONFORM TO DEP'• • -D ' STANDARDS); DECLARING WEEDS AND EXOTICS TO BE A- , -a A ;~ PUBLIC NUISANCE (AND REGULATING THE CONTROL OF-.t =• k.:,, WEEDS AND EXOTICS); PROVIDING FOR EXEMPTIONS r 'i= PROVIDING FOR (THE ABATEMENT OF NUISANCES ANI _:, - NOTICE OF VIOLATION FOR THE ABATEMENT OF THE-"' PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION;PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54, THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. /� • WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species, both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property, which is in close proximity to urban areas,if unsupervised or unmanaged; and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and WHEREAS,the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement „..-1 interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 /7. WHEREAS,the Board of County Commissioners has also determined that pursuant to existing case law, the holder of the fee simple property is responsible for the maintenance of the dedicated easement area unless: 1. The County has expressly assumed this maintenance obligation; 2. The County has voluntarily assumed the obligation by performing maintenance pursuant to the standard set forth by case law;or 3. Other methods established by case law;and WHEREAS, the Board of County Commissioners has determined that the provision for containment areas on large residential lots would provide an economic benefit to the community at large and if managed inappropriately would create a negative impact on the environment;and WHEREAS, the Board of County Commissioners has determined that construction site waste when inadequately contained would create a negative impact on surrounding property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Purpose and Intent The code is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. 1. The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health,safety and welfare of the citizens of Collier County. 2. The accumulation of weeds,grass,or Exotics or similar growth on,or in close proximity to,residentially,commercially,or industrially-zoned land is detrimental to the health,safety,and welfare ■ ■ of the citizens of Collier County. SECTION TWO: Title This Ordinance shall be known and may be cited as the"Collier County Litter,Weed and Exotics Control Ordinance". SECTION THREE: Applicability This Ordinance shall apply to,and be enforced in,all unincorporated areas of Collier County. SECTION FOUR: Definitions When used in this Code, the following words, phrases, or terms shall have the following meanings,unless the content clearly indicates otherwise: 1. ABANDONED PROPERTY—any wrecked,inoperative,derelict,or partially dismantled property having little,if any,value other than nominal salvage value,which has been left unattended and unprotected from the elements,which shall include,but not be limited to,motor vehicles,trailers, boats, machinery,appliances such as refrigerators and washing machines,plumbing fixtures,furniture,and any other similar articles. 2. ABATE—to mow a Mowable Lot to a height of less than six (6) inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and poison any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye; or to remove Litter; or to remove Abandoned Property,in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as the mulching occurs in an Enclosed Container,and is removed from the site. 3. CONSTRUCTION&DEMOLITION DEBRIS—means discarded materials generally considered to be not water soluble and non-hazardous in nature,including but not limited to steel,glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or ,"' ■ destruction of a structure as part of a construction or demolition project or from the renovation of a structure,including such debris from construction of structures at a site remote from the construction or Page 2 of 16 /8� demolition project site.The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard,paper,plastic,wood,and metal scraps from a construction project; effective January 1, 1997, except as provided in Section 403.707(12)0), F.S., unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste;and de minimzs amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries.Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. �['asuarina all species), Melaleuca 4. EXOTICS or EXOTIC PLANTS—Australian pine P (all species), Brazilian pepper(Schinus terebinthifolius), downy rose myrtle(Rhodornvrtus tomentosus) earleaf acacia(Acacia auriculiformis),Java plum •Woman's tongue(Albizia lebbeck), catclaw mimose (Mimo_ sa nr¢ra), and any prohibited exotic species that may be added to County Ordinance No.04-41,as amended,(Section 3.05.08,Collier County Land Development Code). 5. ENCLOSED CONTAINER—any container having a physical structure which prevents materials from falling out,spilling,blowing out by wind action,or coming out by other accidental means during transport or on-site storage, and shall include,but not be limited to, garbage cans, truck bodies capable of being enclosed for transit purposes only,roll-off containers,and any other container sufficient to prevent the accidental scattering or leaking of said materials on surrounding properties and on public roads.A dumpster enclosure is not an enclosed container. 6. IMPROVED PROPERTY—real property that contains buildings,streets(or paved areas) or other structural improvements. 7. INERT WASTE MATERIALS—brick,block,concrete,rock,stone,earth and sand,free from contamination or other types of waste,free from protruding rebar and/or other metals,and capable of serving as fill material without harm to,or pollution of,ground or surface waters 8. LITTER — any discarded, used, or unconsumed substances or wastes. Litter shall include, but shall not be limited to,garbage, trash,refuse, debris, paper product(including newspapers and magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes; motor vehicle parts and tires,furniture,oil or grease, hazardous wastes(including gasoline,paint thinners and other similar types),the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature,which may have been discarded,abandoned or otherwise disposed of improperly. 9. MOWABLE LOT— a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights-of-way, alleys,and all easements shall be included in the calculation of the Mowable Lot;or b. Any portion of Improved Property,which can be mowed with bushhog-type, or smaller,mowing equipment without damage to the lot or equipment. 10. PROHIBITED ACCUMULATION OF EXOTICS—any accumulation of Exotics,which is located on improved or unimproved property. Page 3 of 16 /9 11. RECORDED SUBDIVISION— Land subdivided into three (3) or more lots, parcels, sites,units,or any other division of land for which a plat has been filed with Clerk of Courts of Collier County. 12. RECEPTACLE — A container made of material that will protect the property and environment from leakage, spillage and overflow of any type of litter, waste, or debris. A dumpster enclosure is not a receptacle. 13. STORAGE OF LITTER—the interim containment of Litter in a manner approved by the Board of County Commissioners,after generation of such Litter and prior to proper and final disposal. 14. UNAUTHORIZED ACCUMULATION OF LITTER—the accumulation of Litter in or upon any public or private property or body of water,which is not contained within proper containers or receptacle provided for control of Litter,or is not otherwise permitted or authorized,by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity,so long as: a. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used;and b. the building materials are secured during construction, remodel, repair, or building demolition,to prevent the material from falling out,spilling, blowing out by wind action,or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include,but not be limited to,the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor,or allowing said accumulation,or container to remain adjacent to the public right-of-way after six (6) p.m. of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON- PROTECTED OVERGROWTH — any accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen(18)inches in height and located on a Mowable Lot,in any Recorded or Unrecorded subdivision of Collier County. 16. UNRECORDED SUBDIVISION—any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer,prior to the enactment of Ordinance 76-6,as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. 17. WRITTEN CORRECTIVE NOTICE— a written statement issued to the violator or his/her agent identifying and which states the violation,date of the violation,location of the violation,the corrective measures required to be taken, and the date by which the corrective measures are to be completed. SECTION FIVE: Litter Declared to be A Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in Sections Six,Seven,Eight,Nine,or Ten,in or upon public or private property,is hereby declared to be a public nuisance. SECTION SIX: Unlawful to Litter It shall be unlawful for any person to throw,discard,place,drop,or deposit Litter in any manner or amount in or upon any public property,private property,highway,street,right-of-way or body of water within the unincorporated areas of Collier County,Florida,except in such areas and Enclosed Containers Page 4 of 16 20. specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of /"".• the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such property. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property on any public or private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors, whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 21• 3809837 OR: 4006 PG: 4138 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/29/2006 at 10:43A1 DWIGHT B. BROCI, CLERK CONS 2864000.00 REC FEE 18.50 Ronald L. Stetler, Esq. DOC-.70 20048.00 ,,,......„‘„ Garlick, Stetler & Peeples, LLP Retn: 5551 Ridgewood Drive, Suite 101 QUARLES &BRADY Naples, FL 34108 1395 PANTHER LANE #300 NAPLES FL 34109 Parcel 1D Number. 00270720000 Warranty Deed This Indenture,Made this Li` day of March,2006 A.D., Between Western Management, Inc., a corporation existing under the laws of the State of Florida of the County of Coll ier,State of Florida,grantor,and Alan J. Vincent and Margaret M. Vincent as Co-Trustees under an unrecorded trust agreement ("Trust") , and known as the "Alan J. Vincent Revocable Trust of 2001", dated August 29, 2001, as amended, and Alan J. Vincent and Margaret M. Vincent, as co-trustees under an unrecorded trust agreement ("Trust") - •• �3 ccw _a the "Margaret M. Vincent Revocable Trust of 2001", •- -• .• i _ 01, as amended, as tenants in common C .i- whose address is: 7020 Sable Ridge • ,N.. -s,FL 4109 of the County of Sta of • : *1 dd.. r . Witnesseth that the GRANTOR,for an in ci eran n.∎th .ff s o,1 �� :14. l liar • . . (- re)-- --- DOLLARS, and other good and valuable consideration t., 1�+'�` SR in and paid b ,;GRAN E, a eipt whereof is hereby acknowledged,has granted,bargained and sold to the said G' • . and GRANTEE'S heirs,.,.'ccess rs ',.. •-'gns forever,the following described land, situate,lying and being in the County of CO1 i tate of Florida t 't: 0 t The East 200 feet of th . theast 1/4 • e Southwest 1/4 of the Southwest 1/4 of Section 3 Xo, •• hi• , Range 25 East, less the South 50 feet thereof for roa x�'iretG. , Collier County, Florida. SUBJECT to zoning, building code and other use restrictions imposed by governmental authority, outstanding oil, gas, and mineral interests of record, if any; restrictions and easements of record, if any and real estate taxes accruing subsequent to December 31,2005. The Grantee shall have the full power and authoirty to protect, conserve, sell, lease encumber, manage and dispose of the property described in this instrument. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anyway appertaining. TO HAVE AND TO HOLD the same in fee simple forever, and the grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *** OR: 4006 PG: 4139 *** In Witness Whereof,the grantor has hereunto set its hand and seal the day and year first above written. Signed,sealed and delivered in our presence: ViAlc(Leci•— Western Management, Inc. By: � (Seal) d Name:1Ll: nneth R. Ringb oom, President Witness PC.Address:399 Gulf Shore Boulevard South,Naples,FL 34102 1(�� � J�/ (Corporate Seal) Printed Name: ' G1 fit Witness STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this oZ te. day of March, 2006 by Kenneth R. Ringbloom, President of Western Management, Inc., a Florida Corporation, on behalf of the corporation he is personally known to me or he has produced his Florida driver's license as identification. Pried Name: ry Public o�q i rictus' Expires: "vr• •ta7 Pubic Slate o1Florida belle L Sweet Snyder My'or rndat n DD403247 IVi Fw rse.;r :229 • - . 23• •N r tp 3 i i` Fsi - C.) .� v-'515 - 4 O i, 0 ,y.. , pert. t .. ► w , . ., ,,..t...,...le•-•":„.fii)1/4N:ii d A 3 Br s I , It! , , , ,I.,,'Vti,,..:;-0' , ' ti:i. ' x f,',','-‘—•.1.4% ° t f ` '4�� a } g $ 4 b i :1*. 7 s � % a '+ , • - -' *‘--J,-,: .,-, ' -'...: , , :1,;:,v;--_,i..t3,f. _t „,,L. a6i5--7.,:tf?- k -- ,41- r-,1?-, - „.-. 1 FI ;.4 _ _, % ' 'A-, : .,..-....,.,, , i ,i .„:,1 .4r ( It i w�� �b i % aaa�!!! ,i ® F�_+ :1:','1.:4T. ,� �"iii • ' : - , ' 1.'f '`,.-1....;,.:*,--1''s.,-.1%1 ' . i'. -...: ,„....,-i---,.'7 --„,,,t-'..."' -.4.ir ,. 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' --. :',. - —(‘), ,41111r F_+ wp 4 a 1 r 9 .t 4€ - €f,I Print Map Page 1 of 1 a ` � , s � a' 4 ' ' :4:1'''''''''''''''l''''''''''''''::- '''I 1 ' ''' 1 l' : ,.''t!', , .,„ ;,,,,1 ', ' 2 ' E lab- fiv, r i. . g f • j w6 �c- @ f e� � ^ M I r x r fi ' , 10 5 L ;A , ..s.Y" -----_r c"+G wS, n++ s .Y l e� N.∎- , uj —"_ ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,nc for the data herein,its use,or its interpretation. � V http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 4/26/2007 , J-e`d to/gip CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-91 vs. ALAN J. VINCENT,TR. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board, having heard testimony under oath,received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Alan J. Vincent,TR. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3635 Radio Road,Naples,Florida, 34109 Folio 00270720000 more particularly described as The East 220 feet of the Southeast'/4 of the Southwest '/4 of the Southwest'/4 of Section 36,Township 49 South, Range 25 East, less the South 50 feet thereof for road right-of-way,Collier County, Florida is in violation of Collier County Ordinance 04-58,The Property Maintenance Code,as amended,sections 3(1), 16(1)(k), 16(2)(a), I6(2)(d),and Collier County Ordinance No. 2005-44,the Litter, Weeds and Exotics Ordinance, as amended,Sections 6,7,and 8 in the following particulars: Property and structure not maintained according to code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-58,The Property Maintenance Code,as amended, sections 3(1), 16(1)(k), I6(2)(a), 16(2)(d),and Collier County Ordinance No.2005-44, the Litter,Weeds and Exotics Ordinance,as amended,Sections 6,7,and 8 be corrected in the following manner: 1. By keeping the premises in a clean and sanitary condition and by cutting any weeds or grasses that are over 18 inches on said property and by maintaining said premises in a clean and sanitary condition within 7 days (October 4,2007). 2. By removing any litter or accumulations of litter from said property within 7 days(October 4,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 3, 2007,then there will be a fine of$50 per day until said property is maintained according to the minimum standards of this Code. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by October 3, 2007, then there will be a fine of$100 per day for each day until all such litter is removed from said property. 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$388.84 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 notLstay the Board's Order. DONE AND ORDERED this 3 day of 62C/ 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ,_. / ,,._i.4 erald LeFeb e, ice 4,lir 2800 North Horseshoe 'Five Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -g day of CC. 2007, by Gerald LeFebvre, Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or L,, who has produced a Florida Driver's License as identification. _ •A t♦ 4 Mal .ti '0r twIYCOMM� ISSSIEEH LION 595 i OTARY PUBLIC 41.- -•°i EXPIRES:June 18,2011 Y commission expires: �,Rl�"t' Bonded Thu Notary Pubic underwnters `— eL'TIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Alan J. Vincent,TR, 7020 Sable Ridge Lane,Naples, FL 34109 this 7 day of (act— 2007. , \ L ° 1? c >-r--� OIitYY Of COI l' Y . l Jean Rayon Esq.•I HEREBY Cr RTiFY,THAT this i t true l Florida B o. 750311 correct CO Attorney for the Code Enforcement Board copy 4t a docutmetlt On,1` a I11 400 Fifth Avenue S.,Ste.300 Board Minutes;,and Records of Catller Count Naples, Florida 34102 WITNESS my h a c fIc T'seal this S-1".^day of -1�*- i: . (239)263-8206 OWI - E. BROCK, ERK OF COURTS � . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-91 DEPT NO. 2007040849 ALAN J. VINCENT TR Respondent(s), STIP TION/AGREEME�N�' COMES NOW, the undersigned, i'O✓ �U1°w �v 1%"f -// , 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 2007040849 dated the 27TH day of September, 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 27th of September , 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) 2004-58 as amended, The Property Maintenance Code, sections 3[1],16[1][k],16[2][d] and 2005-44, as amended, Litter, Sections 6,7.8.and are described as Property not maintained according to code, THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$398.84 incurred in the prosecution of this case within 30 days of the date of this hearing. 2) Abate all violations by: A. Premises must be kept in a clean and sanitary condition. Cut any weeds or grasses that are over 18 inches on said property and maintain said premises in a clean and sanitary condition within 7 days of the date of this hearing or a fine of $50.00 a day will be imposed until said property is maintained according to the minimum standards of this code. B. Remove any litter or accumulations of litter from said property within 7 days of the date of this hearing or a fine of$100.00 a day will be imposed until all such litter is removed from said property. C. Notify Code Enforcement Investigator when violation(s)have been abated for final inspectio z o confirm compliance. / 3) Respondent must notif'{ ••e Enforcement that the violation has been abated and request the Investigator to corn- 0 t d perform a site inspection WITHIN 24 HOURS OF ABATEMENT. II I ' I ft / '■ ,, /-Ar /fr,OA Kespondent ' ® Mic - - Arnold, Director Code Enforcement Department 6 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ray Muslimani, Respondent(s) CEB No. 2007-92 DEPT No. 2007020087 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 2 Notice of Violation Copy of Applicable Ordinance 3-4 Deed 5 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-92 Dept. Case No. 2007020087 Plaintiff, vs. RAY MUSLIMANI, 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: September 27, 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: 645 Euclid Avenue SERVED: Ray Muslimani, Respondent Inv. Jennifer E. Waldron, 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: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1< COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-92 vs. DEPT CASE NO.2007020087 Ray Muslimani,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): 04-41 as amended, Collier County Land Development Code, Section 3.05.01 2. Description of Violation:Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: 645 Euclid Avenue Naples,FL 4. Name and address of owner/person in charge of violation location: Ray Muslimani P.O. Box 110127 Naples,Fl 34108 5. Date violation first observed:2/2/06 6. Date owner/person in charge given Notice of Violation: Green card signed 3/16/2007 7. Date on/by which violation to be corrected:4/1/2007 8. Date of re-inspection: 6/29/2007 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER P.-a"' 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 29th. day of June, 2007 GG J nnif . Waldron Code nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or aff ed)and subscribed before this day of No'• ,2007 by Jen Waldron &W =ilki1 I a S C '(C1 Q,S 0 (Sign e o r otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known V or produced identification Type of identification produced �.o. ..._ .., Yu CARDESO Notary Public,State of Florida My Comm.expires May 05,2007 N0.)751 59 Bonded thru Ashton Agency,Inc.(800)451.4854 REV 3-3-05 COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Ray 7 ani ORDER TO CORRECT VIOLATION(S) : P.O.Box 1101210127 You are directed by this Notice to take the following Naples,FL 34108 corrective action(s) LOCATION OF VIOLATION(LEGAL AND ADDRESS) LMMEDIATELY: Conduct no further vegetation removal. Within Collier County Zoning District: RSF Sec - 24 Twn 48 Rng 25 Subd And Blk Lot Parcel Respondent must prepare a mitigation plan which meets Of Collier County Record. Property ID: 165401308 the criteria as stated in 04-41 as amended Sec. PUD Tract Unit SDP 10.02.06.E.3 (Copy attached). The mitigation plan shall OR Page : OR Page be prepared by a person who meets or exceeds the AKA(Address) 645 Euclid Ave Naples,FL credentials specified in Sec. 10.02.02.A.3.(Copy attached). The respondent is required to establish a NOTICE monitoring program(10.02.06.E.3.e.i)that would Pursuant to Collier County Code Enforcement Board determine the 80% survivability of species of the plants (CEB) Ordinance No. 05-55 and 97-35, as amended,you are used in the mitigation effort over a five year period with notified that a violation(s) of the following Collier County replacement required to maintain the 80%minimum Ordinance(s) and or PUD Regulation(s) exists at the above- annually.A minimum of five reports will be submitted by described location. respondent.Reports will be due at one year intervals. Ord No. 04-41 as amended Section 3.05.01(B) Ord No. Section ON OR BEFORE: 1st April 2007 Ard No. Section PENALTIES MAY BE IMPOSED .L JD#s: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per Regulations: violation. Sections: 2) Code Enforcement Board review finds a violation exists, a maximum fine of$1000.00 per day in the case Dated: of a first viola 'ti . ..Q . DESCRIPTION OF CONDITIONS CONSTITUTING TILE ' liS Pastal ServiceTM VIOLATION(S). S> EE� fEkED, �i[LTM RECEIPT Did Witness: (yomestic Mail Orrly;:tia Insure;ce Coverage Provided) Vegetation removed on an undeveloped property without r..F°rfoltver,info ationvlsitaur•webslte:atwwWaspscar i obtaining the proper required Collier County permits. I ru t,, ;an tin Postage $ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE vic -n ENFORCEMENT INVESTIGATOR Certified Fee Jen Waldron u7 Postmark 2800 No.Horseshoe Dr.Naples,FL 34104 _ Return Receipt Fee Here (239) 403-2444 Fax:(239)403-2343 Si, p (Endorsement Required) Restricted Delivery Fee (Endorse" '"o . __ Investigator signature _ Pri rR Tot: MUSLIMANI, RAY PO BOX 110127 VIOLATION STATUS: Sent NAPLES, FL 34108 Elnitial ❑Recurring ❑Repeat Dat im Q Streel case Nbr — 2007020087 Rd CL or PO .--- City,5 �1. P `alkl i Ffugust°2OUe RevnrsE fn Flfsteucttar Notice of Vinlatinn Clrioinal to File Cnnv to Rvc„n.,.io„r SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY omplete items 1,2,and 3.Also compl- = A. Signa• em 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the re er - ressee -0 that we can return the card to you. I B. Received by(Printed Name) C.Dat��elivry • Attach this card to the back of the mail•'ece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No MUSLIMANI, _,RAY =. PO BOX 116127 • NAPLES,--AP 34108 3. Service Type Case Nb r — 2007020087 Certified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7206 2150 0005 6162 9871 NoV D—IAjt,tcl PS Form 3811,February 2004 Domestic Return Receiptrs,� i 1 — C7 -' 102595-02-M-1540 • • LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3968298 OR: 4178 PG: 1959 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL This instrument prepared by and 02/05/2007 at 08:38M DWIGET E. BROCK, CLERK Record and Return to: CONS 210000.00 DUNN TITLE COMPANY RR PBS 21.00 ^, 801 Anchor Rode Dr.,Ste.201 DOC-.10 1410.00 Naples, FL 34103 Retn: DUNN TITLE File No.: 07-10336 PICK UP Property Identification No.: 00165401308 WARRANTY DEED This Warranty Deed, made the a° day of `1/9-1'uA,et m tY y / , 2007, by JOSEPH m TRUPIANO, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 4, 1982 FOR JOSEPH TRUPIANO, AND CATHERINE M. TRUPIANO, AS TRUSTEE i UNDER TRUST AGREEMENT DATED FEBRUARY 4, 1982 FOR CATHERINE M. ti O TRUPIANO, hereinafter called the Grantor, a to RAY MUSLIMANI, A MARRIED PERSON, whose post office address is: P.O. Box cia o c 110127 , Naples, FL 34108, hereinafter -• e Grantee, 65 1--=-1 o (Wherever used herein the to • er a " include all the parties to this o` Z = y instrument and the heirs, legal ntatives, and ass -o individuals, and the successors m o - and •assigns of corporations, er er the context so admit-or r quires.) Cr OooZ Witnesseth, That th Gra • for i sib- -f•I of he sum of $10.00 and other valuable considerations, lei. e;-if r-0,' ' n' edge , hereby grants, bargains, sells, aliens, remises, reledses •nv-,s - dpo s n • t e rantee all that certain land situate in Collier County, St e • 2.-+ • t- L-s C., A parcel of land lying in ,, orthwest qua -' f I 24 Township 48 South, Range 25 East, Collier ,, , Florida, and ,p particularly described as follows: Pi, 13<s- -4 COMMENCE at the Southeast core o f 6 of Willoughby Pines Replat, a subdivision as recorded in Plat Book 38, page 32 of the Public Records of Collier County, Florida and run thence NO0°54'06"W for a distance of 99.64 feet; Thence run N52°39'21"E for a distance of 60.44 feet; Thence run N89°05'04"E for a distance of 185.07 feet to the POINT OF BEGINNING; Thence run N00°54'56"W for a distance of 190.06 feet; Thence run N89°05'04"E for a distance of 253.03 feet; Thence run SOO°00'07"E for a distance of 190.08 feet to the North line of Willoughby Pines, a subdivision as recorded in Plat Book 17, pages 22 and 23 of said public records; Thence run S89°05'04"W along said North line a distance of 250.00 feet to the POINT OF BEGINNING. Said parcel containing 1.10 acres more or less, subject to easements restrictions ,--.. and reservations of record. Page 1 of 3 ux: Lilo FL;: 19bU Warranty Deed Page 2 of 3 The Grantors herein hereby warrant and represent that the subject property is not now, nor has it ever been their homestead property, nor is it contiguous to any of their homestead property. That the subject property is, in-fact, vacant land. Together, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. In Witness Whereof, the �, or a r d sealed these presents the day and year first above writte`r Signed sealed and delive/ in th= prese e o : t A / 4. D Wi •- s #1 Signature 'r:-.4 t*" �hH 'i R IA O, TRUSTEE /!e S. eNNRD:a. c: Print_. _ - • - 2 '°hby Dr. Ext. • /� �`�i Na, - _ 34110 hitness #2 Signature ILE C - ARLENE E. LA STELLAJ Printed Name of Witness #2 i ess #1 Signature / CATHERINE M. TRUPIANO, TR STEE /slit S. G'kJ ;i •.. Pr- ed ame of Witness #1 294 Willoughby Dr. Ext. / . ' ... Naples, FL 34110 L gg#2 _1 ���I_�0.. III Printed Name of Witness #2 7 ...... ur ; ut ro rtJ; 001 "4 Warranty Deed Page 3 of 3 STATE OF: Flop.;DA COUNTY OF: (ALL/ee I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared JOSEPH TRUPIANO AND CATHERINE M. TRUPIANO known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he/she/they executed the same, and an oath was not taken (check one) Said person(s) is/are personally known to me OR ✓ Said person(s) provided the following type of identification: VALID DRIVERS 1 ICFNSE . Witness my hand and offici sea e cd y �i�r - ,• State last aforesaid this day of /7111-.244- , 2007. 01''� ' y � My Commission expiresi ,. , /-. - i `` PUBLIC /..... ;• _ S . !X ti, ' _,140,4D,q . 4 (SEAL) ;- My 0 ,..�1 -nn • . _ /of Notary ' blic t?.a.h so„d.d '„- s,2087 L 8. Cfg 2 o07- 9Z x i e/7-- e. ,9 G .� . CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007020087 Looking to northwest, fisrt level of fill appears to be limestone. IMAGE DATE North side of property.gk58 2/2/2007 ' '. g E{ , • +3; t : z. y" a s M �* •i x * .0 " wit, a+ ' .,c. - ;-▪ „,7-1,-,,t .• w• ^w* mo• ^w. "{ .mow,. • ' .,.+?. . 7 R -` c. 'os ,,• ; ...-, ....- '', - " ', ..,` �` y . _ :' ,jv.F � $a'A44^ r a tg -.. as '° .. „e a,° -....7 F . =, �„it A.. '''..4'`' } _4-, ▪ ? " a :* .�'.p Collier County Printed on 9/26/2007 4 :49:34 PM CD-Plus for Windows 95/98/NT Page 1 Details . Page 2 of 2 . ,, .. i - M'k , . '4 4, ». lit i . . .- -k- "1t: e-,,%%, - T -ii",.*.- rfi a "r 4kg, ti IF. - .Y- t A n� 't` = i _f . � .7 :r&tt.� 3�'% r_1" v Li ' V r x r a::rte -,i' f .4.lyik 4i S. J } 'fy • , 1.•E _ L _ ,,rit'' ■ . *'''... ' "Vir.., ., • f f ��. ,:s» - hit "..� ._ «M ; Fh A '� . $' " ,tea -."`e rl p. y - ms � F t` „�tt �Fi *,. ( fff _ ,..k, � e M ti W. -=t _ is 4_ .._ -T"-- i T I•; _r'S'A1. -41,*„ ..... *It, . Sketches under construction. New Smirch The Information is Updated Weekly. 2/2/2007 http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000000165401308 /0A/A CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-92 vs. RAY MUSLIMANI, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Ray Muslimani is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 645 Euclid Avenue,Naples,Florida,Folio 00165401308 more particularly described as(see legal description)is in violation of Collier County Ordinance 04-41,The Collier County Land Development Code,as amended,section 3.05.01(B)in the following particulars: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,The Collier County Land Development Code,as amended,section 3.05.01(B) be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in Collier County Ordinance 04-41,as amended,section 10.02.06(E)(3). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 10.02.02(A)(3). The Respondent is required to establish a monitoring program per section 10.02.06(E)(3)(e),that would determine the 80%survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80%minimum annually. A minimum of five reports will be submitted by the Respondent. The mitigation plan must be submitted within 30 days(October 27,2007). 2. By installing all plant materials in accordance with the mitigation plan within 15 days of acceptance of the mitigation plan. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 27, 2007,then there will be a fine of$200 per day for each day until the mitigation plan is submitted. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 15 days of acceptance of the mitigation plan,then there will be a fine of$200 per day for each day until the plant material is installed. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours 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$407.84 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 3 day of Cc- 74-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: , erald LeFebvre ice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of a 2007,by Gerald LeFebvre,Vice Chair ofrhe Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who h produced a Florida Driver's License as identification. „': IO�ISTINE FIOLTON • MY COMMISSION#DD 686595 NOTARY PUBLIC I EXPIRES:June 18,2011 My commission expires: Banded Nu Notary Public UnderwiNera CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Ray Muslimani,645 Euclid Avenue,Naples,Florida this Y day of 7 1fr ,2007. State ai F LORIUA :ounty of COLLIER 47J L___Ie� 14 M.Jean RWson,Esq. I HEREBY CERTIFY THAT this is a true and Florida Bar No. 750311 correct copy of a aocumJnt ° Mfilo IIn Attorney for the Code Enforcement Board Board Minute*poO•R ores of Collier Coin 400 Fifth Avenue S.,Ste. 300 WITNESS .batte•iiitt taficlal seal this Naples,Florida 34102 �` Y bf (239)263-8206 W1 e E. BROCK, C RItOF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-92 Ray Muslimani DEPT NO. 2007020087 Respondent(s), TIPULATI9/4G1REEMENT, COMES NOW, the undersigned, A.11 f s'( f LI. 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 2007-92 dated the 27th day of September, 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 27th of September, 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. 3•CC• of (B 2). The violations are that of section(s) e.e .e ' , e.a .:', - - 'J and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, vegetation removal on an undeveloped property without obtaining required Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$407.84 incurred in the prosecution of this case within 30 days of the date of this hearing. 2) Abate all violations by: The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06 [E][3]. The mitigation plan shall be prepare by a person who meets or exceeds the credentials specified in Section 10.02.02[A][3]. The respondent is required to established a monitoring program per Section 10.02.06[E][3][e][i], that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by the respondent. The mitigation plan must be submitted within 30 days of the date of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 15 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plan material is installed. 3) Respondent must notify Code Enforcement within 24 hours that the violation has been abated and request the Investi•ator to co 1 e out and perform a site inspection. --J' Respondent Mi - - Arnold, Director Code Enforcement Department REV 2/23/06 3968298 OR: 4178 PG: 1959 RECORDED in OFFICIAL RECORDS of COLLIER COURT!, FL This instrument prepared by and 02/05/2007 at 08:38AM DWIGHT E. BROCI, CLERE Record and Return to: DUNN TITLE COMPANY COBS 210000.00 801 Anchor Rode Dr.,Ste.201 RBC FEB 27.00 Naples, FL 34103 DOC-.70 1470.00 Retn: File No.: 07-10336 DUI TITLE PICA UP Property Identification No.: 00165401308 WARRANTY DEED Jig-1(44°9°2-1i 1i by Cr) This Warranty Deed, made the a day of , 2007, b JOSEPH ,.n TRUPIANO, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 4, 1982 FOR JOSEPH TRUPIANO, AND CATHERINE M. TRUPIANO, AS TRUSTEE i UNDER TRUST AGREEMENT DATED FEBRUARY 4, 1982 FOR CATHERINE M. TRUPIANO, hereinafter called the Grantor, tip E. o to RAY MUSLIMANI, A MARRIED PERSON, whose post office address is: P.O. Box elo �0 110127 , Naples, FL 34108, hereinafter .wile a Grantee, (Wherever used herein the to c _ • a • " include all the parties to this c Z u- instrument and the heirs, legal -ntatives, and ass f• --o individuals, and the successors z a m and assigns of corporations, c, � a 9 rp ere the context so admit or r quires.) ct o 0°z Witnesseth, That th Gra • for{ i• •Isis -f•• of he sum of $10.00 and valuable considerations, re ei• e,-.f other - - n• edge , hereby grants, bargains, sells, aliens, remises, rele ses c��nv- s - d �. s In • t e rantee all that certain land situate in Collier County, St e • a•., • - It A parcel of land lying in the orthwest qua -,L•f - • 24, Township 48 Range 25 East, Collier ‘41. , Florida, and �re particularly described as follows: COMMENCE at rfE gC � the Southeast cor - • 6 of Willoughby Pines Replat, a subdivision as recorded in Plat Book 38, page 32 of the Public Records of Collier County, Florida and run thence N00°54'06"W for a distance of 99.64 feet; Thence run N52°39'21"E for a distance of 60.44 feet; Thence run N89°05'04"E for a distance of 185.07 feet to the POINT OF BEGINNING; Thence run N00°54'56"W for a distance of 190.06 feet; Thence run N89°05'04"E for a distance of 253.03 feet; Thence run S00°00'07"E for a distance of 190.08 feet to the North line of Willoughby Pines, a subdivision as recorded in Plat Book 17, pages 22 and 23 of said public records; Thence run S89°05'04"W along said North line a distance of 250.00 feet to the POINT OF BEGINNING. Said parcel containing 1.10 acres more or less, subject to easements restrictions and reservations of record. Page 1 of 3 ux: '11u t'i: MU Warranty Deed Page 2 of 3 • The Grantors herein hereby warrant and represent that the subject property is not now, nor has it ever been their homestead property, nor is it contiguous to any of their homestead property. That the subject property is, in-fact, vacant land. Together, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. -R Co In Witness Whereof, the V Li . or a .tie nd sealed these presents the day and year first above writtek , Signed sealed and delive rd in th= prese - o : a / 4. ,. 7 ;,- J r Wi do- s #1 Signature {. s. C"1' EPHT • IA 0, TRUSTEE �/r �iAiADA- ,� Print_. - • F , c ///hby Dr. Ext . , � E41 Na. - 34110 fitness #2 Signature tliE C1?--L ARLENE E. LA STELLA/ Printed Name of Witness #2 Alt&j . ___.(,ezji...L.1, . eddEL:.,_k_)4t. (ru.s.A407u4.4./ml. i ess #1 Signature / CATHERINE M. TRUPIANO, TR 7 STEE /ul 5. 6'4,0 ;i ,.. Pr- ed ame of Witn-ss #1 294 Willoughby Dr. Ext / . Naples, FL 34110 J L.' -sIreI+4 Printed Name of Witness #2 ...... utc: 'WO ru; . 001 Warranty Deed Page 3 of 3 STATE OF: rt.-OP./DA COUNTY OF: CUB-Lie,2 I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared JOSEPH TRUPIANO AND CATHERINE M. TRUPIANO known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he/she/they executed the same, and an oath was not taken (check one) Said person(s) is/are personally known to me OR ✓ Said person(s) provided the following type of identification: VALID DRIVERS I ICFNSE . 9dWitness my hand and offici s �i • State last aforesaid this;(day of 711,142 4, , 2007. �01- ?, My Commission expires .31��� I , I----,.... AI 'WNW LIC 4 .„IA, .(SEAL); :~ . ,�. 4.;,. .rin.:11, _rfta !of Notary blic a.,,, = 1- : s,a Gam; ry etiletinderwir, -' ,k,/ /.. .63 042> _TTE Ci C-\,,1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ann M. Norman., Respondent(s) CEB No. 2007-93 DEPT No. 2006060349 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 Deed 4-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-93 Dept. Case No. 2006060349 Plaintiff, vs. ANN M. NORMAN, 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 before the Code Enforcement Board on the following date, time, an place fore the violation below: DATE: September 27, 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: 402 Luzon Avenue SERVED: Ann M. Norman Respondent Inv. Jeff Letourneau, 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: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-93 DEPT CASE NO.2006060349 Ann M.Norman,Respondent(s) STATEMENT OF VIOLATION AND RE Pursuant to Section 162.06 and 162.12, Florida ��es, and C o lierRCony Ordinance No. 07-44, the undersignecode enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s)2004-41,As Amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a),&the Collier County Code of Laws&Ordinances, Section 22,Article II, Subsection 106.1.2. 2. Description of Violation:A dock built under Collier County Building Permit#2000062110. Owner failed to have all inspections done,and to obtain the Certificate of Completion. 3. Location/address where violation exists: 402 Luzon Avenue, Naples FL 4. Name and address of owner/person in charge of violation location Ann M.Norman S. Date violation first observed:May 22"d,2006 6. Date owner/person in charge given Notice of Violation:May 22nd,2006 i-. 7. Date on/by which violation to be corrected:June 19th,2006 8. Date of re-inspection: August 1st,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. Dated this 8th. day of August, 2007 . Jeff Letourneau STATE OF FLORIDA Code Enforcement Supervisor COUNTY OF COLLIER Sworn to(or affirmed)and bscribed before this 8th day of August ,2007 by ign,.ture of Notary 'ub ic) (Print/Type/Stamp Commissioned Personally known X or produced identification Name of Notary Public) Type of identification produced �., NOTARY PUBLIC . K.A. ._ >114' €Commi at REV 3-3-05 iJfi.�,,,Expires : BOPDEDTHRUATLAJ{r 2. : • , COLLIER COUNTY CODE ENFORCEMENT Case Number ea•OO D 0 3 y Building Permits,Administrative Code& Other Permit Requirements Respondent NOTICE OF VIOLATION• / t Date: �. 1Z2�4 Investigator: �` w,r�� /L Phone: 239-703- -t Ailing: �� 0� 1—j� i/ 5"j�J/p Zoning Dist jZ.� 3� v .G i(7 Legal: Subdivision s' Sec Twp S Rng 'no*/ o? .4,_ L�) ,'�N/y d Cyr_ e.Jr_ 3 Bloek Lot o Location: �b 7 t y 2.N PLC Folio ��- 2 coD 3 OR Book Unincorporated Collier County fi Z_� ___ Page 3�/ i Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- b 55 and 97-35, as amended, you are notified that a violation(s)of the following Violation(continued): codes exist: , Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of--Way Ordinance action 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to di 105.1 When required.alts• Any owner or authorized oshor agent who intends to excavate,obstruct,or place any construction or other material,or perform any construct, enlarge,alter, repair,move,demolish, g change the occupancy Y coof nvert a building r or replace a any electrical,t c ,gas,install,mechanical or,plumbing ng system,remove, other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any conveat or of h is regulated gas,this code,or t oc cause any such system,too municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws re u ,shall first make application to the building official and obtain the and Ordinances,Section 110-31) requi eered permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06 B 1 ion 105.7 Placement of Permit tiding or land alteration permit and certificate of occupancy ( )( ) 105.7 The building of ro or copy shall be kept on the site of the work 10.02.06(B)(1)(a)Zoning action on building ntil the completion of the project structure shall be erected, moved, added to, alteed,iutilized or building to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),ist.., i inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is 10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other to ^- applicable county regulations. qt G T O �a !��✓� Q f �`< L ' - i..z Ps ca l I . IX 1-C- -... 10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of �� ' any type,repairs or remodeling of any g permit r' �' � • Jot g Y type that requires a buildin emtit has .e CO �/, G 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). Oder to Correct Violations) ust Collier County Code of Laws and Ordinances Section 22,Article II Apply for compliance anobtainh all Copes County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvement described 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 111 service systems. All such unsafe buildings,structures or service systems are Cepiovements/structureuand remove l from ro OR demolish described hereby declared illegal,etc im r P Prty 0103.11.2 Ph sical Safety ['Must effect, or cause, repair and/or rehabilitation of described unsafe Y tY[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 sa property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy / 11/ certification of a one or two family dwelling unit on the same property. Violatio must be CO' ' P�CTED BY: fence or enclosure required shall be in place prior to filling of the pool rtunless Fai re to correct violati,s may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice,. appear or iss -nce of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$501,:nd costs of.ro cution. OR approved substitute shall be in place,etc. 2) Code Enforc;'ent Board,'vi that may result in fines up to$1000 per 0104.13.5 Prohibited Activities prior to Permit Issuance. A building day per 'e lation, ay on:,/as the violation remains, and costs of g permit osecu,'on. fic work authorization such as for excavation,tree /f \/ (or other written site specific removal, well construction, approved site development plan, filling, re- A ` vegetation,etc.)shall have been issued prior to the commencement of work at •esponden's Sig Attire l Z., e b� the site. Activities prohibited prior to permit issuance shall include, but are — Date not limited to, excavation pile driving (excluding test piling), well drilling, �a /• formwork,placement of building materials,equipment or accessory structures I vestf`:tar's Si• ": e Z"Date and disturbance or removal of protected species or habitat,etc. Date 106.1.2 Certificate of Occupancy. ,- 4_ .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. 2 Notice of Violation Original to File Co to Respondent Copy for Site Posting Copy for Official Pncr; D ..,,.,A Copy P e o �t ORDINANCE NO.04-4� 11A l it ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS Ay F COLLIER COUNTY, FLORIDA, RECODIFYING '����it" COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED THE COLLIER AREA OF COLLIER COUNTY, FLORIDA, YINCORPORA NG ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION BY SUPERCEDING SECTION THREE, RECODIFICATIONO, FINDINGS OF FACT; DEVELOPMENT CODE, MORE SPECIFICALLY BY THE THE FOLLOWING: LAND INCLUDING SEC. 1.01.OA TITLE, SEC. 1.02.00 AUTHORITY, SE GENERAL PROVISIONS, 1.03.00 RULES OF APPLICABILITY CONSTRUCTION, SEC. C:_ APPLICABILITY,BILI ' SEC. 1.05.00 FINDINGS, 1.04.0; 1.06.00 RULES OF INTERPRETATION,SEC. y ' • LAWS ADOPTED BY ANDr-:, . CHAPTER 2. REFERENCE, SEC. 1.08.00 DEFINITIONS; _ ZONING DISTRICTS AND USES, INCLUDING EC r,� 2.01.00 GENERALLY,SEC.2.02.00 ESTABLISHMENT OF DISTRICTS, SEC.�:�=- � _ DISTRIC S, EC. 2.03.00 ZONING DISTRICTS, ZONING r'c F3 PERMS IB ' CONDITIONAL, AND ACCESSORY C. ES IN 0::; in in ZONING AFFORDABLE HOUSING 2.05.00 DENS STANDARDS,USES IN �._: OUSING DENSI B STANDARDS, SEC. „ \,-) TABLE OF SETBACKS FOR BASE ZONING SEC. DSSTRICTS; 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 SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION � OR LISTED GROUNDWATER PROTECTION;NC. 3.06.00 WELLFIELD AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.0 AND SITE DESIGN n GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, 1.C. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. TRANSPORTATION SYSTEM STANDARDS SF .. STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, SEC. 4.05.00 OFF 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 STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY - SUPPLEMENTAL 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, GENERALLY, SEC. STRUCTURES, SEC.5.05.00 SUPPLEMENTAL STANDARDS FOR TEMPORARY USES AND SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6 AN - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS GENERALLY, SEC. 6.02.00 ADEQUATE INCLUDING PUBL PUBLIC FACILITIES REQUIREMENTS 6.01.00 IMPROVEMENTS STANDARD, SEC.S6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. WATER MANAGEMENT TER IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7_ DRAINAGE - DECISION-MAKING AND RESERVED; CHAPTER 8 INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, BODIES, 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 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE COUNCIL, SEC. COMMUNITY DEVELOPMENT AND ENFORCEMENT ENVIRONMENTAL SERVICES JZIYISION•-- SEC. 8.09.00 REQUIREMENTS,VIS N; - CHAPTER 9 SEC.VARIATIONS FROM 9.01.00 GENERALLY CODE - ,_ ,� , SEC. Page 1of6 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 8.1. • py the said of service established in the Collier County growth manage- ment ublic plan,facilit or(2)below if issuance lave!of development order of[orj building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 1113 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 p 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 Page 10 of 11 (d) Outside perimeter walls to allow for start of insulation on large commercial jobs. (e) Underground electric, sewer or water piping where cave in is of concern. (0 Under slab work. (g) Buildings with three (3) or more floors for fire rating of ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal of the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections-As-Built survey,"to read as follows: 105.6.1. It is the duty of the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled 'Accessibility for Building Inspectors," is a new section which will read as '`allows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or herinspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy,"is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval(for limited purposes) of the Building Official is obtained, and ^ then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy,"is a new section which will read http://libraryl.municode.com/mce/DoeView/10578/1/78/80 8/1/2007 /_ *** 2397065 OR: 2481 PG: 3469 lt>t* UC01D10 1:01PICI11 UCOU3 of CO11II1 COOK!, T1 This Deeemeat Prepared By and Return to: 11/11/!1 at 0!:22111 WNW 1, t10C1, 11111 I. Glenn Tucker C011 100010.06 - _ Rhbdei i Tucker, Attorneys - -- Ue4ii 0.00' _. 950 N. Collier Sled., Suite 204 IID121110 5.00 P. O. soot 107 Marco island, Florida 34146 OOC-.n 16aa.oe ego: 110013 a TOCUI 10 102117 Pared ID Number: 52451280003 II11C0 MUD !1 74140 0117 Warranty Deed This Indenture, Made this 11th day of November ,1998 A.U., Between Wheeler H. Newcomb, Jr. and Anna Alice Newcomb, as Co-Trustees of the Wheeler H. Newcomb, Jr. Revocable Trust dated 5/18/95, and Anna Alice Newcomb and Wheeler H. Newcomb, Jr., as Co-Trustees of the Anna Alice Newcomb Revocable Trust dated 5/18/95, and Wheeler H. Newcomb Jr. and Anna Alice Newcomb, husband and wife of d.c county of Duval • state of Florida ,grantor, and Ann N. Norman, a married woman wio,e adores,is: P. 0. Box 548, Norco, FL 34146 of the County of Collier , State of Florida ,grantee. Witnesseth that the GRANTOR,ton and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTO GRANTEE, the receipt whereof is hereby acknowledged, has granted bargained and sold to the said GRANTEE 6R rs and assigns forever,the following described land,situate. lying and being in the County of Collier Florida to wit: Lot 608, Isles of Cap . 3, accordin- to the plat recorded in Plat Book 3, Page 66, Pub is • • • of Collie- C ty, Florida. Subject to restrict on , •. and asplment■ of record, if any, and taxes for he 1-' : •d s •se• on years. (71 0 rtv \ E C:.:!! and the grantor does hereby fully warrant the tide to said land,and will defend the same against lawful claims of all persons whomsoever. In Witncu Whereof,the grantor has hereunto set their hand and seal the day and year list above written. Sigaed,sealed sad deUvered In our presence: Wheeler H. Newcomb Jr.& Anna Alice Newcomb, Co Trustees of the Wheeler H. Newcomb Jr & Anna Alice Wheeler Revocable Trusts dated 5/18/95 By:wheeler,H. (Seal) Witness i1 1 Co-Trustee to Individuall Y.O.Address:Jack Bishop Estates Road,Villa IJA Jacksonville,FL 393 By t l„Llte� • C C 1.t 4:-4" t.e�...e.:.; ln•• (Seal) r a amen Anna Alice Newcomb Witness Co-Trustee & Individually P.U.Address.!See bishop Estates Road,Villa 13A JaeksoeviUe,FL 32250 STATE OF Florida COUNTY OF Collier The forogoieg instrument was acknowledged before me this 11th day of November ,19 98 by Wheeler H. Newcomb Jr., Co-Trustee and Anna Alice Newcomb, Co-Trustee on behalf of said trust, and Indivi ally who are persosWy known to me or who have produced their Florida 3.ver's, i cense as identification. L MC OLLIY 1 4.11: mycommoomistommo �6 - dQelScOttttMaLN11 rfa�, ame i!t `' sIMMUm*"1t^m'W"'as i Notary Public My Commission Expires: 13650 t�r,rc...a,tyotayo,r sy.a,.ti t.r,teas 0141)751-3111 roe rtwo-t COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Anthony J. Gualario., Respondent(s) CEB No. 2007-94 DEPT No. 2007010973 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 2 Notice of Violation Copy of Applicable Ordinance 3-4 Deed 5-12 13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-94 Dept. Case No. 2007010973 Plaintiff, vs. ANTHONY J. GUALARIO, 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: September 27, 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: Bonita Shores Unit 2; Blk-2, Lots 1-5, Sec.05, Twp. 48, Rng.25 aka 10 7th Street Naples, Florida 34134 SERVED: Anthony J. Gualario, Respondent Inv. John Santafemia, 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: 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.2007-94 -vs. DEPT CASE NO.2007010973 Anthony J Gualario,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 Sec.10.02.06(B)(I)(a)&Sec.10.02.06(B)(1)(e)(i) of Collier County Land Development Code and Sec.106.1.2 of Collier County Code of Laws and Ordinances Section 22,Article II and Sec.105.1 of the Florida Building Code. 2. Description of Violation:Attic area of structure converted into office space without first obtaining proper Collier County required permit(s)and inspections through the issuance of a Certificate of Occupancy/Completion. 3. Location/address where violation exists: Bonita Shores Unit 2 Blk-2, Lots 1-5, Sec.05, Twp.48, Rng.25 aka 10 7th Street Naples,Florida 34134, folio#24538360007 4. Name and address of owner/person in charge of violation location: Anthony J Gualario 551 Neapolitan Ln Naples,Florida 34103 5. Date violation first observed:January 22,2007 6. Date owner/person in charge given Notice of Violation:April 26,2007 7. Date on/by which violation to be corrected:June 22,2007 8. Date of re-inspection: July 26,2007 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 26th. day of July, 2007 P �g, L&-4 L€✓Y John.antafemia Co..Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER /� worn to(or aff ed)an sJ\bscribedbefore this Zday of�4.L ,2007 by (Signa e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ) or produced identification Type of identification produced NOTARY PURL[ REV 3-3-05 eCsnnmIBS�n.-:. BONDED ThJU A ? 2. G Case Number 2007010973 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent ANTHONY J GUALARIO Date: 01/22/07 Investigator: JOHN SANTAFEMIA Phone: 239-403-2397 • Zoning Dist RET.HOMES Sec 5 Twp 48 Rng 25 Mailing: 551 NEAPOLITAN LN Legal: Subdivision 209 Block 21 Lot 1 NAPLES,FLORIDA 34103 Location: 10 7TH STREET Folio 24538360007 OR Book 1482 Page 1718 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair, move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge, alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 010.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is (B)( )O Improvement property p p regulated by this code for which a permit is required,until released by the 010.02.06 1 e Im rovement of prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed ATTIC AREA OF RETIREMENT HOME WAS requires a building permit under this land development code or other applicable county regulations. CONVERTED TO OFFICE SPACE WITHOUT PROPER COLLIER COUNTY PERMIT(S). J10.02.06(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 must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, ®Must request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ['Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: JUNE 22,2007 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 51000 per day per violation, as long as the violation remains, and costs of ❑104.135 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 Responden' Signa 'e Date the site. Activities prohibited prior to permit issuance shall include, but are 1 not limited to, excavation pile driving (excluding test piling), well drilling, iv'- 10y,- '�1--c formwork,placement of building materials,equipment or accessory structures Inv t ator's S i ature Date and disturbance or removal of protected species or habitat,etc. lion 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 2 n SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DEL/VERY • Complete items 1,2,and 3.Also complete A. Signatur8 item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X so that we can return the card to you. Agent • Attach this card to the back of the mailpiece, 0 Adores or on the front if space permits. B. Received by(Printed Name) C. D. e of Deli, 1• Article Addressed to: D. Is delivery address different from item 1? • Yes If YES,enter delivery address below: ,-0 GUALARIO, ANTHONY J 1 / 551 NEAPOLITAN LN NAPLES, FL 34103-8532 Case Nbr 3.�SeyvrceType 2007010973 >�'eertified Mail 0 Express Mall 0 Registered ❑Return Receipt for Merchandis ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ri Yes 2. 7006 2150 0005 6162 706 PS Form 3811,February 200 r ? Domestic Return Receipt ‘t".:- as v�702595-02M,5q . Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee,Florida 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 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 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. 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 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction -different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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. For the purposes of determining compliance with the zoning ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord. No. 02-01, § 1, adopted Jan. 8, 2002, provided for the adoption of the Florida Building Code to read as herein set out. Section 3 of said ordinance provided for the repeal of article II, §§ 22-26--22-35 and 22-46--22-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, § 58-26 et seq. Land development code reference--Building board of adjustment and appeals, div. 5.4. Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of lf) time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy,"is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy," is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) SECTION 105 PERMITS Page 1 of 7 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Build2004_FL/3/8?f=templa... 7/26/2007 In 6)t'-'(�t �Z•8 S 1 6 1989 NOV -8 AN 7 I�" COLLIER COUNTY 35 � 0 I I� B 2 0 0 1 7 1 8 �. RECORDED OR BOOK PAGE Prepared by and Return To: LD Wright, President _ LANDVEST TITLE ASSOCIATES, INC. L 16565 VANDERBILT DRIVE BONITA SPRINGS,FLORIDA 33923 1 ANTHONY J.GUALARIO Social Security No: 137364188 Social Security No: REC CC' (Space Above This Line for Recording Data) PRM O' IN7 1$(Alo0•o� WARRANTY DEED INn This Indenture made this S4' l / day of L`O(=1�f•](''� 19,,77q BETWEEN ANTHONY C. LAPASSO and MARY ANN LAPASSO, husband and wife,as Sellers of 610 Wagner Road,Glenview,IL 60025,GRANTOR',and ANTHONY J. GUALARIO,as GRANTEE',of 791 Tenth Street S.,Suite A,Naples,FL 33940. W I T N E S S E T H, That said Grantors•for and In consideration of the sum of TEN AND 00/100'S(510.00) Dollars and other good and valuable considerations to said grantors In hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the grantee and grantee's heirs forever the following described tend located in the County of Collier,State of Florida,to-wit: Lots 1, 2, 3, 4 and 5, Block 21, of that certain subdivision known as BONITA SHORES, UNIT NO. 2, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, In Plat Book 3, page 43 t'L-E,R CQUA 0\ .eceived V. •R6.St r)ocumentary Stamp Tax G Received$ ' \t)t Class"C"Intangible Tax Identification Number r.--.0 W "ersonai Property Tax / C0 ER ,TYL ER OF CO RTS, SUBJECT TO easements,restriction Zoas'of,�: •I: �� y, =r• es Jtirr+t e current year.Said grantor does hereby fully warrant the title to said ad; nd will defend the same •ainst he :/t !aims of all persons whomsoever. 'Singular and plural are Interchangeetld_ context requires. I. Q IN WITNESS WHEREOF,Grantor has hereu tors hand : ,�. -• ust above written. T r► r t��,� bITNESSES ' �-.� • it l' "t N i.LAPASSO 0 f' 0y e 24P/2rr/ !. — M RY/NN LAP STATE OF ILLINOIS COUNTY OF pQQ I I HEREBY CERTIFY that on this 1 1. day of 1 pJ C r+�G� 19 in% ,before me,an officer 1 duly qualified to take acknowledgements,personally appeared: ANTHONY C. LAPASSO and MARY ANN I LAPASSO, husband and wife to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. rr�� i "OFFICIAL SEAL" � u' 1 Robert A. Eiden NOTARY PUBUC Notary Public,State of Illinois COMMISSION EXPIRATION: My Commission Expires Feb,22,1992 (Notary Seal) LVT/3626-CLH .•. -. - e ¶x—" ""y‘c'LPcCf). o p1 rat. t, ,AFC;" is i i t t ANTHONY J. GUALARIO 791 TENTH STREET SOUTH, SUITE 302 NAPLES, FL 34102 September 19, 2007 Bendisa Marku Operations Coordinator Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Re: Case CEB 2007-94 Dept. Case #2007010973 ' Dear Ms. Marku: I am the respondent in the above matter which is scheduled to be heard on September 27th. A lack of understanding on what I needed to do in order to cure the violation caused me to procrastinate on this matter. For that I apologize. • However, since last Friday I have diligently worked on correcting the violation through the permitting process. I have been in contact with Bob Dunn in the Permitting Department and he has given me some insight. Yesterday I engaged Mario LaMendola to handle this matter. Mario is the architect who originally drew the plans for the building, so I consider Mario to be the most qualified person to respond to the requirements of permitting the unpermitted improvements. Attached is a letter by Mr. LaMendola which acknowledges his acceptance as architect for this matter. Mr. LaMendola has asked to inspect the unpermitted improvements and I have arranged for him to do that this coming Monday. Under the circumstances, I respectfully request a continuance of this matter for at least 30 days. Should you have any questions, you are welcome to call me at my office (262-4513) . Thank you very much. i Si 'perely, hony J. Gualario cc: M. LaMendola i Mario LaMendola Architect 3550 Westview Dr. Suite 102 10/11-0llaGO NAPLES, FLORIDA 34104 LETTER Tel: (239) 262-4788 Fax: 262-6754 0117 Fla. Reg. Arch. #5103 Date 71fr /We 7 To 6 411"/El1.° (_��L-1 Subject ._ .f'Z 'il'' / -5 -714 A47,2c5; E iv-1We ad) ,a F 727 ep‘c/07 Actr04-1.04>c- 45,1 A5- . e� ' N ettex, b / 40,11 4- 5-774/40C 'ice ( PP, - >-1 4..M_ .d e. Y. V /) ,(3-17 .&-_._./ /6221. A 17415 1/1-7r, c--0,1 Z1Ve`4-. '- L3/ J •450-/occi-A--.../Zi14/ ❑ Please reply ❑ No reply necessary S�GNE�' A $, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-94 DEPT NO. 2007010973 Anthony J Gualari o Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, A �� (.7 V"� R1� 9 ;) on behalf of himself or as representative fo Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007010973 dated the 22nd day of January, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) of the Collier County Land Development Code 2004-41 as amended (and) Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II (and) Sec.105.1 of the Florida Building Code 2004 Edition and are described as conversion of attic area of structure from storage space to living space prior to obtaining a valid Collier County permit, inspections and Certificate of Occupancy/Completion. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$373.54 incurred in the prosecution of this case. 2) Abate all violations by: a) Appling for all required Collier County building permits within 14 business days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. b) Must obtain all required Collier County building permits and execute said permits through inspections to Certificate of Occupancy/Completion within 60 days of issuance date of permits or a fine of$100 per day will be imposed for each day the violation continues. c) Alternatively, respondent may restore attic area back to its original permitted use of storage by obtaining a demolition permit within 14 business days of this hearing and executing said permit through inspections to Certificate of Completion within 30 days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. 3) Respondent must notify •ode Enforcement that the violation has been abated and request the Investigator o c• e out . d perform a site inspection. Respond= oo Michelle Arnold, Director Code Enforcement Department REV 2/23/06 o(g(61 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-94 vs. ANTHONY J.GUALARIO, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Anthony J.Gualario is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing,and entered into a Stipulation.. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10 7th Street,Naples,Florida 34134,Folio 24538360007,more particularly described as Lots 1,2,3,4,and 5,Block 2,of that certain subdivision known as Bonita Shores,Unit 2, according to the map or plat thereof recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 3,Page 43 is in violation of Collier County Ordinance 04-41,The Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i),the Collier County Code of Laws and Ordinances,section 106.1.2, ;Section 22,Article II and section105.1 of the Florida Building Code 2004 Edition in the following particulars: Attic area of structure converted into office space without first obtaining proper Collier County required permits and inspections through the issuance of a Certificate of Occupancy/Completion. 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 County Ordinance No.04-41,it is hereby ORDERED: That the violation of Ordinance(s)2004-41 Sec. 10.02.06(B)(1)(a)&Sec.10.02.06(B)(1)(e)(i)of Collier County Land Development Code and Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section22, Article II and Sec.105.1 of the Florida Building Code be corrected in the following manner: 1. By securing all building or demolition permits and executing through inspections to Certificate of Occupancy/Completion within 90 days(December 26,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 2007,then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$373.54 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 3 day of CO c-14-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID BY: L _, /. _ 1 . erald LeFe iv Vice h. 7 2800 North Horseshoe Dn ve Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 0 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. i ,,,yy„��,,��� iQiISTINE HOLTON ',','`r MY COMMISSION#DD 686595 '�1 �► ��►1 �� EXPIRES:June 18,2011 NOTARY PUBLIC `' . ew�en,ruryu +ire� My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER beep sent by U. S.Mail to Anthony J. Gualario,551 Neapolitan Lane,Naples,FL 34103 this q day of (C. ,2007. l l' ice_ &, A-z__.i State di F LORIUA M.Jean Ra ,Esq. ::ounry of COLLIER Florida Ba o. 750311 Attorney for the Code Enforcement Board rY/THAT this Is a true and I HEREBY,CLRf 400 Fifth Avenue S., Ste. 300 „. Naples,Florida 34102 correct.,cQpy of a Yloeurant on1file in (239)263-8206 Board Minutes .Rceoros of Coi¢ler county +NESS my Ilan "arid c;ficidi seal this t day of ,S; ;f- W ' E. BROLR, ,'�;E- 0 • R ;. URTS_.........• .c 1--------- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-94 Anthony J Gualari o DEPT NO. 2007010973 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, +'J 01.613)) 1) RI�� on behalf of himself or as representative fRespondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007010973 dated the 22nd day of January, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) of the Collier County Land Development Code 2004-41 as amended (and) Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II (and) Sec.105.1 of the Florida Building Code 2004 Edition and are described as conversion of attic area of structure from storage space to living space prior to obtaining a valid Collier County permit, inspections and Certificate of Occupancy/Completion. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$373.54 incurred in the prosecution of this case. 2) Abate all violations by: a) Appling for all required Collier County building permits within 14 business days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. b) Must obtain all required Collier County building permits and execute said permits through inspections to Certificate of Occupancy/Completion within 60 days of issuance date of permits or a fine of$100 per day will be imposed for each day the violation continues. 010 5 c) Alternatively, respondent may restore attic area back to its original permitted use of storage by 41 obtaining a demolition permit within 14 business days of this hearing and executing said permit through inspections to Certificate of Completion within 30 days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. 3) Respondent must notify ode Enforcement that the violation has been abated and request the Investigator o c a out - d perform a site inspection. ' Respond: /Michelle Arnold, Director ector Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. CS Partnership Frank Cona., Respondent(s) CEB No. 2007-95 DEPT No. 2007070059 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation Copy of Applicable Ordinance 3-4 Deed 5-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-95 Dept. Case No. 2007070059 Plaintiff, vs. CS PARTNERSHIP FRANK CONA, 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: September 27, 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: 4723 Exchange Avenue SERVED: CS Partnership Frank Cona., 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 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,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-95 vs. DEPT CASE NO.2007070059 CS PARTNERSHIP FRANK CONA(Respondent) STATEMENT OF VIOLATION AND REOUEST 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)2004-58,The Property Maintenance Code, Section 16[2][n]. 2. Description of Violation:Utilizing designated parking spaces for storage and parking vehicles in non-designated parking areas. 3. Location/address where violation exist:4723 Exchange Ave(folio 27155000307) 4. Name and address of owner/person in charge of violation location.: CS PARTNERSHIP, PO Box 8490,Longboat Key,Fl 34228-8490 5. Date violation first observed: July 3`1,2007. 6. Date owner/person in charge given Notice of Violation: July 16th,2007 7. Date on/by which violation to be corrected:August 3`1,2007 8. Date of re-inspection: August 13th,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 sublic hearing. Dated this. 21st,Day of August ,2007 bow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 21st day of August,2007 by (Signature of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificati n produced ��..•���a�.,,. =WMDigS 41):'ifj DOIIDBDT$RUATLAt1WOl�Df lG, 2 . Case Number 2007070059 COLLIER COUNTY CODE ENFORCEMENT a) Non-Residential Property Maintenance NOTICE OF VIOLATION )weer: CS PARTNERSHIP Date: 7/16/07 Investigator KITCHELL T SNOW Phone: 239-403-2493 Zoning Dist I Sec 36 Twp 49 Rng 25 failing: PO BOX 8490 Legal: Subdivision Block Lot LONGBOAT KEY,FL 34228-8490 ,ocation: 4723 EXCHANGE AVE Folio 27155000307 OR Book 3133 Page 611 Unincorporaded Collier County VIOLATION STATUS: NOTICE Pursuant to Collier County Code Enforcement Board ®Initial DRecurring ['Repeat (CEB) Ordinance No.2007-44,as amended,you are notified ORDER TO CORRECT VIOLATION(S): that a violation(s) of the following Collier County Ordinance(s) or PUD Regulation(s) exists at the above- cor are directed by this Notice to take the following location. corrective action(s) As ordered in the attached Property Maintenance Ordinance No.2004-58, Section 16 Inspection Report/Order to correct violation requirements: Subsection(s) ®Must comply with all Collier County property 1 0 9 ❑ 12f❑ 12n❑ 16[2J[n] maintenance for non-residential unimproved and ® improved lots. 2 ❑ 10 ❑ 12g❑ 120❑ 17❑ Elf owner occupied, must obtain: all Collier.County 3 ❑ 11 ❑ 12h❑ 12o❑ 18 ❑ required permits; related inspections; and final certificate 4 ❑ 12a❑ 12i❑ 12q of completion q❑ 19n❑ "—NS ❑ 12b ❑ 12j ❑ 12r❑ 19b❑ Elf not owner occupied, must contact a general 6 ❑ 12c ❑ 12k❑ 13 ❑ 19c❑ contractor licensed in Collier County to obtain: all Collier 7 ❑ 12d ❑ 121 ❑ 14❑ 19d ❑ County required permits; related inspections; and final 8 ❑ 12e❑ 12m❑ 15 ❑ 20 ❑ certificate of completion. DESCRIPTION OF CONDITIONS CONSTITUTING'1'H 14: VIOLATION(S). (Supplement attached Did Witness: ON OR BEFORE: August 3rd, 2007 Property maintenance and housing violations at the above •eferenced address consisting of but not limited to the Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation ollowing: Parking spaces utilized for storage not )arkin that may result in fines up to $500 and costs of prosecution. OR \s outlined in the attached property maintenance 2) Code Enforcement Board review that may result in nspection report dated July 3rd , 2007 fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. �r SE VED BY: sonal Service ❑Certified Mail ['Posting of Property Su lenient attached Ordinance 2004-58 Fax ❑Mail Q. S AND COMMENTS SHOULD BE DIRECTED TO CODE �� .MENT INVESTIGATOR KITCHELL SNOW Sign tare i 0u Horseshoe Dr.Naples,FL 34104 v�v� 1�n NGELL 39} 403-2493 --- Fax:(239)403-2343 X.,--- ES(GEhtl' ' vestigator signaturc:_�^ \—___-----,______— Pant Dated this 16 day of July ,2007 .3 . 'SENDER:COMPLETE THIS SECTION COM'PIITETH!S SFCT.JNONDELIVERY • Complete items 1,2,and 3.Also complete ^ item 4 if Restricted Delivery is desired. ❑Agent / • , • Print your name and address on the reverse ❑Address so that we can return the card to you. _ _ • Attach this card to the back of the mailpiece, i aYf P'nt/',p,-7 C. Date of Delhi( or on the front if space permits. 'A l ' `Z� 1, D. s delivery add ' :'rfferent prn item 'r\Cl Yes t Article Addressed to: ! If YES,enter d ry address below: ❑No CS PARTNERSHIP Q PO BOX 8490 LONGBOAT- KEY, FL 34228–E 3. e ice Type . Case Nbr – 2007070059 IL Certified Mail ❑ Express Mail LCI Aegistered ❑ Return Receipt for Merchandi ❑Insured Mali ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ) ❑Yes 2. e (J 7007 0220 0000 4036 6306 N►e 1 GL5ct.3 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1: �!S Postal Service,. CERTIFIED MAILTM RECEIPT o -(Domestic Mail On/y,JVo Insurance Coverage Provided) m 'For delivery info rmation v isitour websiteatwww:usps.come OFFICIAL USE O Postage $ Certified Fee O Return Receipt Fee Postmark O (Endorsement Required) Here m Restricted nat. iv (Endorse ru O fl_I Total F CS ARTNERSHIP p 0 OX 8490 — Sent To LONGBOAT KEY, FL 34228–E Street F "1 orPOB Case Nbr – 2007070059 [- City,Sta PS'Forrn H00 AgasE2006 " .Se�,Reuers forlastFistrori • /. 1234668 e N l OCT •+ lm �a ORDINANCE NO.2004-58 a w Q J N ORDINANCE ESTABLISHING A PROPERTY Sc' 4,,V MAINTENANCE CODE FOR TEE UNINCORPORATED AREA �£ZZZLZOZ6v OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING gt, BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r crn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING cnr.; ry FOR A NOTICE OF HEARING FOR REVOCATION OF m co" ° BOARDING RENEWAL CERTIFICATE; REPEALING --' ? r i COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o„ ry 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL ='y CONSTRUCTION; PROVIDING FOR INCLUSION IN THE y°rn r- CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, 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 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: L Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. I. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth.plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must he repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. I. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a 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 Q Book 3133 - Page 611 Page 1 of 1 *** 3063243 OR: 3133 PG: 0611 *' mom iII Ot'P1ti11 RmCO1DS at caU4ri mom l 10/11/2002 it 01:21PR Lf1GCi E. 1110Ct, CLIU Mb Document Prepared thy: COB 1050000.$0 DOUGLU A. iP30D, ZSCRIZRI • lie III t.0! Without Opinion of ritle DOC••10 135100 1000 Tatt:iaeai Trail Worth, Suite 201 ItEtE: Naples, r'iorida 34102 SCOTT X [Ztt�Rl 02 GOGDU TTI IX 0 rarest lit Nantber: 27155000347 I[iFt13 f 24101 Grantee a l TIN Grantee#2 TIN Warranty Deed This Indenture, Made this day of September , 2002 AD-. Between JUAN L. OVIEDO, TRUSTEE, under Land Trust. Agreement dated May 31, 1990 and JUAN L. OVIEDO, a single man of the County of Collier sate or Florida ,grantor, and CS PARTNERSHIP, a Florida general partnership wttooe address is: Box 8490,Longboat Key,FL 342.28 or the Corny of Manatee Saw of Florida ,grantee. Witnesssetk that the GRANTOR.for and in considers flw ante aunt of TEN DOLLARS ($10)--- — nou.Aas. and other good and vitiate consideration to GRANTOR a 'and paid by GRANTEE. the receipt whereof is hereby acknowledged, her ^' martin&bvrpinel and sold to the said GRANTEE and GRANTEES heirs.sorceress and ragas forever.the following descat?ed laid,senate. lying and bed in the county Of Collier stele of Florida to wit Lot 47, COLLIER COUNTY PRODUCTION PARK, PRASE 3-A, according to the plat in Plat Book 22, Pages 59 and 50, of the Public Records of Collier County, Florida. AND Lot 15, COLLIER COUNTY PRODUCTI01 PARK, PRASE 1-B, according to the plat thereof recorded in Plat Book 15, Pages 7 and 8, of the Public Records of Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taros subsequent to 2001. sad the gather does hereby fully arrant the ude to said laud, and will defend the sane against tawf l risers of aU persons wilOtnsarrrr. In Witness Wbereef,the grantor has hereunto set its hand and seal the day and year fast above wrieu, Signed,sealed and delivered in our presence: Printed N&me: r4 h1• t� t 11 - L. • IF«Di?, ' 1 (S ) Witness + etee under above-eased Trust 7 i Address-s Qsft h.�rat�e.Nspies,FL NM !l � 'ti•• - r tt 17 http://www.collierappraiser.com/viewer/Image.asp?ImageID=188262 8/13/2007 q ... ......,._ , . , C.* ' C# /11 '...\..\ i .'.' . . ' ff.'.'• •,,,, - ' ,',..` s , --- , ... ...... ..,.., . . .....-.7. .....-.4..t.. .:i.,.,.: . ,.. .., , R , . - .‘'-. 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''', .. .... . ,. ...,,,,,,..... ...,,,„... ......, 4:7*.... dd,i, y • Niziolitim,g, ti b } n t ' ''' ' IA( , , ,-, - t /¢� �4 - a• a • t" '. :: ,,,,A'„ . ..-..''- . it, , °' a .- , , l } ,s € • R „' °�-- #t, I. • e .4 w- 1 ' ' C, ",-`rro , a . 6 4 �, 0 ► r—, \ .. ....,...-,. -....4„,,,, eq iN F. • a,' # ' t . . Eer<i?� .b C . Page 1 of 1 G' /1 2007- 95 SnowKitchell From: hedrich_d Sent: Monday, August 27, 2007 10:01 AM To: SnowKitchell Subject: Natural Stone In regard to a Site Development Plan for Natural Stone, I had obtained files from records in order to attempt to verify the owners statements that a SDPI (Insubstantial) change had been done to approve the outside storage of materials. On 8/23/07, engineer J.J. Bombasario contacted me and informed me that the Insubstantial Change to the Site Plan had never been completed. Thus the original SDP 93-143 is still the approved site plan for this location. This does not show storage in parking areas on the property as being approved. If you have any further questions, please let me know. David Hedrich Planner Zoning and Land Development Review 239-659-5746 Dhedrich@colliergov.net 9/4/2007 cF? 2c07- 95 , Fs -Pc ,vA Env r x /e3 r �. -427e/. 1025 PO,L34104 STREET NATURAL STONE PHONE:239-263-1930 CONCEPTS LLC. FAX 239-263-1591 Fax To: J.J BOMBASSIRO From: CARL MAGILEWSKI Fax: 948-7486 Pages: 6 INCLUDING COVER SHEET Phone: 949-0030 Date: 11/12/2003 Re: 4723 EXCHANGE CC: El Urgent EI For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle DEAR J.J.: I SHALL FALLOW WITH COPY OF ORIGINAL SDP. IF ANY ADDITIONAL QUESTIONS PLEASE CALL BOB MULHERE AT 825-9373 OR 649-1509. THANK YOU. - • MAGIL KI. 17e 2. TRANSMISSION VERIFICATION REPORT TIME : 11/12/2003 02:32 NAME : NATURAL STONE CONCEP FAX : 2392631591 TEL : 2932631930 DATE,TIME 11/12 02:29 FAX NO./NAME 9487486 DURATION PAGE(S) 6:02:58 r RESULT OK MODE STANDARD ECM -PapC_ 3. 32/15/2002 20:37 9414635635 EDWARD ANGELL PAGE 02 lot 03 03 09: 529 JOHN corm 239-793-053. 1 15. 1 19/O3/28e? tl0:4e 2394030965 SCOTT M KETDt, PA mot e1/e1 rtPP ; 4F AvOlUr I PQM AMP NOT MR cosmic-nos NOT FOR DSS1GN Ai Aram—I r08 ..ww..I..M.. Y.a JS J'� .. .ai_/� 09 ..' are. i '; ass k Ater lit itlg e4V. 3$5C 00 Lal Ai Or 1 5.00'15.4?'✓ 181.1' 01 a.0073'vrv. h'4rz{• tr, I PLAT r�� � sr or Cl " r, rrit r ,71• . .4 Iv I.• At at tar 4 • /q�[�p ... .- ■�r•.•w ACR I (----„-44,0--I ir 1Mt l tor mil I 1 MAX'7A VbV u D C $,- a ,� It A til G/chi/a�/L��K '. r ` g K 1 u r I 1 a tor • W EEC. z car r, 1 Mr s'oWr �`� =:o ac E 's r I SS/ s �� 4ti O a E ..._.._-. re - l/'s[m 4f P#1 i C-�' m •�4 FP �' at ^ pM NV A ,»+Oo Q M E TrJr . �rr"�- MM�1l1"F. 1twL1' #GO6'al r FM r7 d 19.28 ..tats ti) ,�- W o c o i —F.Aii an PAVeuem,' /O•/wriKPE odarorCI t. POL cvAND ;14 F„ o s` ili ' :4 0:1 d E.c E car,tds, TY 010AcrIAN MAK. w U Q g v,Wa �OTA5 >D Mr PtxT trOTCnr. a . W _ x �De PLAT'aim a P/�P.0 7 NO a. MOW suwg: =AFT 1. CAL=OAATY t n,TJOv m (s = s. fli PK PLAT INI&COri MAIO ACCaras P M Pair AIM t ws"0, rums n SE M Sr�cvotK Easc�vr IP' re Cnrc''X0 TO : A162 . lee ./1--*°S , ee Psar,`�aensa f Saw sm�`or rca ' ' A ,eit/4l/'i I k)i 7GI lif saaorASOP:AIIU►nex 4,„ov swat Kr T Mar At .1u TFTLA NCO m C T'6 7�`es_ MOO *OW 3 x GIPAru nn IA.0. OW. 01fC0 v/c/O tR (FL000 ZONE: b'."C'.•')". R •1f' ARE NOT =ATOWATIGH : MF:MO/A=FLOOD NAXdO Mt/WA.) • I COMFY TWAT 1M3 NURvZY VAS MA*UNOOt MY astiCMON MG TWAT IT MU b/C V 7N(mama,TremmeoL rtmluvios cm V I NN 0! 'DE some Co PROMMONAL ii,risphvocc vtiN'At Z" WO PO M . N 01APA7C 11417-5„FLORIDA A0I053I1tAAK swouga co!O at LerArom or /C •1.• /TAM=spotty CAIq : 9 tY"v 4 A Mate Ae 1( SZi_ 14 rme, , s }�.ODi, rums. mN M. posomA R� 02.465 'WW1 K MIMOSA.T!W4i FIB PAM /V /'�/`/�j NOT A cororteANON 01 mu IOM £ASAINDITS OP QOM Or tN tANCIN. wt.it NML(O E•RWNtR$Npwv M-11mCw ePie �� %//// '/G not vote.r1MOVT SVMIR'WaK5 SF4MATW1E MI Erlt4O550) MU- it o►ar/ 054,515&Amara".war, awry 1S wag)robe oo at�Y.^.gf'Lt m :0 TD i0C FCM 9U M.NC*D*mooVa O0.F.HIM P*04,71if 11 A 1>EPArno tr MOOR iv �MAMMON ON MpRat L 7 r LA�x 'T 'tr11 AND . 5010 TOLD, WIOAD. SOW T RE,1SION5 F.L.A. SuRvLYS corm. NAGI PI.OMDA 34+09 PROCESSIONAL LAND SURrEvCRS d: MAPPERS-{.M 556Y Z �di O FAX . SI 1E 4 d]2d nrtrt>barinrtg'+t. CT.. !1ATC � CT NO: Sent. By: RWA; 941 649 7056; Nov-11 -03 19:06; Page 1 42y.e �{� Fax #: 261-1591 To: Carl Magilewski,Natural Stone Concepts From: Bob Mulhere,RWA,Inc. Date: November 11,2003 Re: 4723 Exchange Avenue Carl:Attached is another Notice of Violation(NOV) From Code Enforcement staff for the Exchange Ave site I received it from Collier County today...it should have been sent directly to you.I informed County staff of this via email and copied you. I do not think that RWA,Inc.,can assist you in this matter beyond meeting with staff...you will need to prepare and submit a plan that address certain issues.Here is what I recommend: Location:4723 Exchange Avenue-Northeast Comer of Exchange and Commercial Avenues in the Collier County Production Park(Industrial zoned). Previous Use Breakdown: Use Square Feet P ' g paces Office: 2,870/275 = 10.0 Industrial Use: 7,009/500 = 14.0 Wareho 2000/1000 Total: 11,879 26.0 (30 provided) Current Use Breakdown uare Fe Parkin. S.aces Use: Office: 300/275 = 1.0 Industrial Use: 1500/500 = 3.0 Warehouse: , 10079/1000 =10.0 Total: 1 1,879 14.0 (15 spaces provided) You need to show some office(small—300 square feet),some industrial use area,and the balance as warehouse).You will need to retain 14 parking spaces,and to relocated the handicap space to the parking area adjacent to exchange.You can fence in the balance of the unneeded parking for outdoor storage.The required parking and aisle ways need to be maintained clear for parking and vehicle movement. Proposal:To utilize site for outdoor and indoor storage of marble slabs and other materials,and to utilize a small potion of the site for stone cutting. Only 300 square feet of the site will be dedicated to office space,2000 square feet to stone cutting,and the balance of the structure for warehousing. I cannot Locate an SDP on County's Website. Should be able to submit a Site Improvement Plan,to accomplish the following: Sent. By: RWA; 941 649 7056; Nov-11 -03 19:06; Page 2 5. • Change building use as described above. • Install opaque fence around site,and install landscaping as necessary(hedges and trees as required by code. • Install handicap space in parking areas located adjacent to Exchange and retain the required 14 spaces,allowing utilization for balance of space for storage. You will need to have a civil engineering firm prepare the site improvement plan in accordance with the County's requirements. As I stated,RWA,Inc,cannot do this work at the present time as we are fully engaged and do not have any civil engineers or technicians available in the timeframes within which you must address these matter. I think you should called Edixon Engineering to see if they can do this work for you.They should be able to do it rather easily(and less expensively)since they did the site plan and engineering for the previous property owner/tenant(Gulf coast Blinds). Please give Bill Edixon a call to see if he can help you at 949-0030. The first step is to set up a pre-app meeting with staff to make sure they support what needs to be done,and also to see if in fact an SDP was approved on the site. S �yA 4 UN t f ll' 9 f o`er X16 �� /Jewd,11.0. • • • Community Development QLLIyI -Par 6' & Environmental Services llJ 2800 North Horseshoe Drive i11t�I� Naples, Florida 34104 • , +17.--;-::�',= (239) 403-2400 Fax (239) 643-6968 O o R o P LAND USE AND ZONING CERTIFICATE FOR NON-RESIDENTIAL ZONING DISTRICTS THIS CERTIFICATE IS ONLY VALID WITH A CURRENT OCCUPATIONAL LICENSE. Please take the time to fill out this form as completely as possible. If you don't know the answer, indicate "unknown"; if the item doesn't apply, indicate "not applicable" or "N/A". Your application can't be processed without all of the necessary information. Zonin• a. 'royal of this a. .lication can be ex.edited if a site Ilan of the fro left. to be occu.ied showin• •arkin_ and surroundinl uses is submitted with the a. . lication. ZONING CERTIFICATE # (assigned by county staff) _______:_:___:- 34_(-��34 Q ` APPLICATION DATE -I `-.e9. BUSINESS NAME tr`1 2 �' 4' ' vilt.,/` BUSINESS PHONE / NAME OF BUSINESS OWNER (individual/corporation) ., BUSINESS ADDRESS .0 -�' �� � �-- ' AAI.• /c.�� r Zo. COMPLEX NAME (if any) TYPE OF BUSINESS TO BE CONDUCTED t ;/ �C- jam,. (Check one) NEW BUSINESS D� RELOCATING EXISTING BUSINESS NUMBER OF EMPLOYEES WORKING FROM THIS LOCATION (including owner) "�/ f TYPE OF BUSINESS PREVIOUSLY OR PRESENTLY OCCUPYING ABOVE PREMISES _ F _ ,r ti APPLICANT'S NAME (person completing form) ( , Al APPLICANT'S ADDRESS � :" 4 f �3 — PROPERTY OWNER OR LEASING AGENT NAME ''' G'f -- . --- — OWNER/AGENT ADDRESS 4/Pe` f:,. 44. e' C.Q• ; — PHONE d � -- SITE DESCRIPTION check descri.tion which most closel a. Blies : SINGLE-OCCUPANCY BUILDINGOMULTIPLE-OCCUPANCY BUILDING _ STRIP CENTER/MALL _ SHOPPING CENTER/MALL OFFICE IN PROFESSIONAL/BUSINESS CENTER _ OFFICE CO-LOCATED WITH OTHER BUSINESS OTHER (describe)_ FOR NEW BUILDING ONLY: BLDG PERMIT /SDP # _________ FOR BUILDING UNIT CURRENTLY VACANT: LENGTH OF VACANCY _ Documents is and Settings\ddeblasie\Local Serti„ac\T.,,,.,,.,.,,_. _. 2,ye g Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date Post Date Payment Slip Nbr 446302 11/24/2003 9:23:28 AM 11/24/2003 MS 122418 NATURAL STON CONCEPTS 4723 EXCHANGE AVE Payor : NATURAL STONE Fee Information Fee Code Description GL Account Amount Waived 11 COMZ COMMERCIAL OCCUPATIONAL ZONIN31 1 38326321 1 1 000000 $125.00 Total $125.00 Payments Payment Code Account/Check Number Amount CHECK 7184 $125.00 Total Cash $0.00 Total Non-Cash $125.00 Total Paid $125.00 Memo: ZONING CERT#2003-3349 Cashier/location: GARRETT_S / 1 User: FRONT DESK Collier County Board of County Commissioners Printed:11/24/2003 9:23:52 AM CD-Plus for Windows 95/NT CODE ENLA_Lazoti„,_cio FORCEMENT ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-95 vs. CS PARTNERSHIP, (FRANK CONA)AND NATURAL STONE CONCEPTS Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board, having heard testimony under oath, received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That CS Partnership is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,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 4723 Exchange Avenue,Naples,Florida, Folio 27155000307,more particularly described as Lot 47,Collier County Production Park,Phase 3-A,according to the plat in Plat Book 22, pages 59 and 60,of the Public Records of Collier County,Florida and Lot 15, Collier County Production Park, Phase 1-B,according to the plat thereof recorded in Plat Book 15,pages 7 and 8,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-58,The Property Maintenance Code,Section I6(2)(n) in the following particulars: Utilizing designated parking spaces for storage and parking vehicles in non-designated parking areas. 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 04-58,The Property Maintenance Code, Section 16(2)(n) be corrected in the following manner: 1. By removing all storage from authorized parking areas within 180 days(March 20,2008). TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Frank Fernandez CEB No. 2007-22 DEPT No. 2004031470 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) PAGES) Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-4 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-22 Dept. Case No. 2006120044 vs. Plaintiff, FRANK FERNANDEZ, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear before the Code Enforcement Board on the following date, time, and place fore the violation below: DATE: September 27, 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: Folio # 39658240005 SERVED: Frank Fernandez, Respondent 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 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. 2007-22 DEPT CASE NO. 2006120044 Board of County Commissioners vs. Frank Fernandez Respondent(s) VioIation(s): Violation of Ordinance(s): 04-41, as amended: section 1.04.01 Location: Folio # 39658240005 Description: The illegal storage of vehicles and materials on unimproved property. Past Order(s): On April 26, 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 4224 PG 0243, for more information. The Respondent has complied with the CEB Orders as of April 26, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,386.82 See below. Order Item #2 County abated the violation for the total amount of$1,000.00 Order Item #4 Operational Costs of$ 386.82 have not been paid. Reth: BELINDA MP,P,KU 4 .? 1� PG: 02 KLC FFS 27,00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 05/04/2007 at 09:57AM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-22 vs. FRANK FERNANDEZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: • FINDINGS OF FACT 1. That Frank Fernandez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Folio 39658240005,more particularly described as(see attached legal), of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04- 41, the Land Development Code, as amended,section 1.04.01 in the following particulars: The illegal storage of vehicles and materials on unimproved property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 1.04.01be corrected in the following manner: 1. By removing all vehicles and materials from unimproved property within 14 days(May 10,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (May 10, 2007),then the County will abate the violation and charge the costs to the Respondent. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. OR: 4224 PG: 0244 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$386.82. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appela es of review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .j 0 day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIERR COUNTY,FLORIDA BY: , 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 a ay of 'f,1ri,'p I 2007,by Sheri Barnett, Chair of the Code Enforcement Board of Collier County,Flori.a,who is 4/ personally known to me or who has produced a Florida Driver's Licens- : ': 'fication. wm CHRISTINA L URBANOWSt7 NOTARY PUBLIC MY COMMISSION#DD 241717 .•. 'J"�.:o EXPIRES:November 22,2007 ' My commission expires: or Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Frank Fernandez, 13260 Immokalee Rd.,Naples,Florida 34120 this day of , 2007. M.Jean Ravi'son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 'tliltt of F / A co rr4ct cop y 4 A C Ere Board ka �` Comfy' WITNESS , OW? E. ERDC<J CLC O"Coi rtrs g. (-A, D.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. 2007-22 DEPT CASE NO. 2006120044 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. frank Fernandez,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keenan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26.2007, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4224 PG 0243, et. seq. 2. That the respondent Did Not contact the investigator. 3. That a re-inspection was performed on: July 25,2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Collier County Code Enforcement hiring a licensed company to remove all items as per ordered by the Code Enforcement Board as per Order 2 of the Order of the Board. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of july,2007. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MASTER homas Keega Code Enforcement • STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25th day of July 2007 by Thomas Kee.a. — Ar, (ignature of Notary •ublic) NOTARYPUBLIC.STATE OF IC-Sc Pulse 1}A iny,` Co (Print/Type/Stamp Commissioned mmen:liciANa si #DD629723 J : 16,2021 Name of Notary Public) �� C BONDA'G CO,INC. REV 2/23/2006 aNit tL.( w l� /9 /R CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-22 vs. FRANK FERNANDEZ., Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on April 26,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 30,2007 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4224, PG 0243, et. seq. on May 4,2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 25,2007,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated April 30,2007 because the County abated the violation for the total amount of$1,000,it is hereby ORDERED,that the Respondent, Frank Fernandez,pay to Collier County$1,000,plus$386.82 for the operational costs for a total of$1,386.82. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 3 day of (9 G"7 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE' COUNTY,FL 'IDA / BY:Alb,' // Gerald LeFebvr=' i• Cha 2800 North H.rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this . day of 62C t ,2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. - t Q4 KRISTINE HOLTON NOTARY PUBLIC ;. . MY COMMISSION#DD 686595 ��`- EXPIRES:June 18,2011 My commission expires: Bonded Thru Notary Pubic undenattere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this ORDER has been s, nt b U. S. Mail to Frank Fernandez, 13260 Immokalee Rd.,Naples, Florida 34120 this I` - day of 0( 7 , 2007. 2t,tiz.___ M.Jean Raw n,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 –31e at F LORtUA ;ounty of COLLIER I HEREBY CERTIFY THAT this is a true and :orrect copy toVa,,document on,file in ,o4rd inutes_ard 9—crt s of Collier Count °IIT'JESS•rny. na wit] ciiicial seal this "`day pt' to v.,e r- e- s's: OW r H ,,E,� BROGK;_t E • OF OURT$ .e, � t TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Roilan Perez CEB No. 2007-37 DEPT No. 2006100899 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5-6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-37 Dept. Case No. 2006100899 Plaintiff, vs. ROILAN PEREZ, 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: September 27, 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: 1974 46th St. SW, Naples, FL SERVED: Roilan Perez, Respondent Renald Paul, 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: 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 l COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-37 DEPT CASE NO. 2006100899 Board of County Commissioners vs. Roilan Perez Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41, As amended, the Collier County Land Development Code, Sections 10.02.6(B)(1) (a), &the Collier County Code of Laws and Ordinances, Section 22, Article II, 103.11.1, Section 106.1.2 Certificate of Occupancy. Location: 1974 46th St. S. W.,Naples, FL Description: Interior and Exterior conversion&non-permitted construction. Past Order(s): On April 26, 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 4224 PG 0270, for more information. ^ The Respondent has not complied with the CEB Orders as of April 26, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 13, 866.49 See below. Order Item# 1; Order Item #3 Contractor Fee-$499.82 Order Item #2; Order Item #5 Fines at a rate of$ 200 per day for the period between June 26, 2007-August 30, 2007 (65 days) for the total of$ 13,000.00. Fines continue to accrue. Order Item#7 Operational Costs of $ 366.67,have not been paid. Rein: BBLIRDA NAfiKU 4E ,3 3 �C1 4224 : REC FEE 18.50 CODE EHPORCBHERT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 05/04/2007 at 09:57A8 D1IGHT B. BROCK, CLERK MAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-37 vs. ROILAN PEREZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26,2007,and the Board,having heard testimony under oath, received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: FINDINGS OF FACT 1. That ROILAN PEREZ is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1974 46th St. S.W.,Naples,Florida,Folio 35748600009,more particularly described as Lot 7,Block 25,GOLDEN GATE, Unit 2, according to the plat thereof, as recorded in Plat Book,Pages 65 through 77, of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 10.02.06(B)(I)(a)and Collier County Ordinance 05-70,The Collier County Code of Laws and Ordinances, Section 22,Article II, 103.11.1 and Section 106.1.2 in the following particulars: Interior and exterior conversion and non-permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended, section 10.02.06(B)(1)(a)and Collier County Ordinance 05-70,The Collier County Code of Laws and Ordinances, Section 22,Article II, 103.11.1 and Section 106.1.2 be corrected in the following manner: 1. By securing the structure within 7 days(May 3, 2007). 2. By obtaining Collier County building permits, all required inspections and Certificate of Occupancy for all non-permitted improvements within 60 days(June 25, 2007)or by obtaining a Collier County demolition `* 4224 P 4 2t-` ` 'i`*P permit for all non-permitted improvements,regular inspections and certificate of completion within 45 days and restoring the structure to its original permitted single family dwelling within 45 days(June 11,2007). 3. This structure may not be inhabited until all violations have been abated. 4. That if the Respondent does not comply with paragraph 1 within 7 days (May 3,2007), then the County will secure the structure and charge the costs to the Respondent. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days (June 25,2007)for permitting the improvements or within 45 days(June 11,2007)for demolishing the improvements,then there will be a fine of$200 per day for each day that the violation continues past that date. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$366.67. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this , �Q day of�l�a,j , 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: �� Z.. i3,2.4.,..1/ , Sheri Barnett,Chair n 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of r 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. 'o5'R": G IrrI ! LURB Afd _ `---__ .'6 .-., EXPIRES i ,, 1 21717 �' y j�` �- ' L�� C° ` '''207 NOTARY PUBLIC E noeo ihru�yc aryPublicUroelNri;ers My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to U. S. Mail to Roilan Perez, 1974 46th Street S.W., Naples,Florida 34116 and to Roilan Perez,26 W. 13th Street,Apt. 2, Hialeah,FL 33010 this day of ,2007. _u' i.'1 i LU ∎IL):-i ;aunty of C LL J ET' M. Jean`Rawson,Esq. Florid Bar No. 750311 'r' P75Y - , -`:.`":T-";;;': s is a 4 =1 Attorney for the Code Enforcement Board teas `:a' _-r ,f ,,,y ;� 400 Fifth Avenue S.,Ste. 300 J rcl ('‘';;T: .-1---..,, _ > ,: C. pcy. Naples,Florida 34102 t , M $.-..,'. f',41 •',.S (239)263-8206 .W 10 1 T E. E. s u:.q � 4 -'Cr; t' l \ _ , . _ 4 --) , COLLIER COUNTY,FLORIDA �Wr, CODE ENFORCEMENT BOARD CEB CASE NO.2006100899 DEPT CASE NO..200 7_ 3 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Roilan Perez,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 4/26/07, 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 4224 PG 0270, et. seq. 2. That a re-inspection was performed on 5/7/07, 6/11/07,6/21/07, 6/26/07 and revealed that the respondent did not comply with all corrective actions as ordered by the Code Enforcement Board as follows 3. Respondent had 7 days from the hearing date to secure the structure(May 3,2007 but did not 4. Respondent did not obtain a permit and all required inspections and Certificate of Occupancy for all non- permitted improvements within 60days (June 25,2007) 5. Respondent did not obtain a demolition permit and certificate of completion within 45 days (June 11,2007). 6. Collier county Code Enforcement contracted Brandanna Inc Construction to secure the residence per court order.Residence was secured on (June 21,2007) 7. . S. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated June 26,2007. COLLIER COUNTY, FLORIDA CODE E ORCEMEND Investigator Code Enforcement Official JTATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this June 26,2007 by Renald Paul. REV 3-14-05 �g f/A / � u (SiSib ature of Notary Public) fr V15141 t'U13LIL-SlATEOFFUIEI1, K.A. Van Sickle =Ca !on DD61848E (Print/Type/Stamp Commissioned Name of Notary Public) ',,,,,,`°� NOV N 2V10 'y ) BOxDBDTHRUATLahTtc BONDINGCO..rNc Personally known 'J REV 3-14-05 cL7 iG/Ba� CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-37 vs. ROILAN PEREZ, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on April 26,2006,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 30,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4224,PG 0270, et. seq. on May 4,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on June 26,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated May 4,2007,it is hereby ORDERED,that the Respondent,Roilan Perez,pay to Collier County fines in the amount of $13,000 for the period June 26,2007 through August 30,2007(65 days)at$200 per day,plus$366.67 for the operational costs,plus$499.82 for costs to the County to secure the property,for a total of $13,866.49. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 3 day of 0 C t,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: !A... i . r erald LeFebvr- ice Cha % 2800 North Hor eshoe Driv- Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 0 C ,2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. .lc --\ ;# ; * KRISIINEHorroN NOTARY PUBLIC I*1 MY COMMISSION#DO 686595 My commission expires: -1'+:'�:�' EXPIRES:June 18,2011 pf,; Bonded Nu Notary Pubic Undenvrtte, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to this ORDER has been sent by U. S. Mail to Roilan Perez, 1974,4�6th Street S.W.,Naples,Florida 34116 and to Roilan Perez,26 W. 13th Street,Apt.2,Hialeah,FL 33010 this / day of 7C ,2007. ,j ZetA--tivr--- Z.Jean Rai.' on,Esq. Florida B No.750311 � - �A , t `:" Attorney for the Code Enforcement Board state 01 of COLLIER 400 Fifth Avenue S.,Ste. 300 %aunty Naples,Florida 34102 1 HER �Y CERTIFY THAT this is a re (239)263-8206 orr t.eoPY t a :_ c;n,f le Igatd tititwticti + i r :. r , o. Ca9l18r%whip eN 4E:SS my-Wei a 9a o,,s�G1a1 sial this ...4!.. stay of CC Tot 07 E. BROCA" RK OF COURTS %:- ' A- Q.O. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Horse Creek Partners, LTD CEB No. 2007-41 DEPT No. 2005090022 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) PAGE(S) Executive Summary 1 Past Orders of the Board 2 Stipulation Agreement 3-5 6 Affidavit(s) 7 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 2007-41 Dept. Case No. 2005090022 Plaintiff, vs. HORSE CREEK PARTNERS, LTD, 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: September 27, 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: 102 Palm River BLVD SERVED: Horse Creek Partners, LTD, 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 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 I. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-41 DEPT CASE NO. 2005090022 Board of County Commissioners vs. Horse Creek Partners, LTD Violation(s): Violation of Ordinance(s)04-41 as Amended, the Land Development Code, Sec 10.02.06 [B][2][a] and 10.02.06[B][2][d][ix] Location: 102 Palm River Blvd Folio 65220000100 Description: Sign erected without proper county permit(s) 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 2438, for more information. The Respondent has not complied with the CEB Orders as of May 24, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 16,200.00 See below. Order Item# 1; Order Item #5 Fines at a rate of$ 150.00 per day for the period between June 8, 2007-August 16, 2007 (69 days)for the total of $10,350.00. Fines continue to accrue. Order Item #2; Order Item #6 Fines at a rate of$ 150.00 per day for the period between July 8, 2007-August 16, 2007 (39 days) for the total of $5,850.00 . Fines continue to accrue. Order Item # 10 Operational Costs of $536.32 have been paid. Retn: BENDISA MARKU 4333296 OR: 4241 PG: 2438 REC FEE 69,50 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 06/08/2007 at 01:30PM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-41 vs. HORSE CREEK PARTNERS,LTD. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 24,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That HORSE CREEK PARTNERS,LTD. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing,represented by Tim Hancock, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 102 Palm Rive Blvd.,Naples,Florida,Folio 65220000100, more particularly described as(see attached legal)of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)in the following particulars: Sign erected without property county permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)be corrected in the following manner: 1. By submitting a complete and sufficient application for sign variance to maintain an off-premise sign in the subject location within 14 days(June 7,2007). 2. By pursuing variance process through final determination. If variance is approved,by submitting a n complete and sufficient sign permit application within 30 days of variance approval. 2 OR: 4241 PG: 2439 3. By pursing all inspections through Certificate of Completion within 60 days of permit approval. 4. If variance is denied,by removing the sign from the subject location within 30 days of variance disapproval. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (June 7,2007),then there will be a fine of$150 per day for each day until the variance application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 30 days of variance approval,then there will be a fine of$150 per day for each day until the permit is submitted. 7. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days of permit approval,then there will be a fine of$150 per day for each day until the permit is CO'd. 8. That if the Respondent does not comply with paragraph 4 of the Order of the Board within 30 days of variance disapproval,then there will be a fine of$150 a day until the said sign is removed. 9. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$536.32. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,e,(- day of ,,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: j%:. Q�-,u�/ 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""1' day of L5No,,p 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or I✓ who has produced a Florida Driver's License as identification. q'rA�'P�'• CHRISTINA L URB,�N4WSK1 ; _.. t r � s ;.� MY COMMISSION#DD 241717 NOTARY rUELIC �.: ".:; EXPIRES:November 22,2007 My commission expires: '% u °°'� Bonded Thai Notary PublIa Underarters ;ouwzy of COLLtE nd I HEREBY CERTIFY THA1th:rs is a true anti correct copy Of`a CO urOe.-P€on.Me in .o Board N haute an l �o r� oft.,0�SRer County 4`J1T uE S Cild elicit! sea! this -YT-n day cf :lyir..p ,'2}1)O1" DWIGHT E. BROCA, CLERK OF COURTS vg I� 0a�l'o OR: 4241 PG: 2440 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 Fluse Creek Partners,LTD,Alan Schiffman,Reg.Agent,870 111th Avenue N., Naples,Florida 34108 this i• ay of ,ki.. Q ,2007. "0, 70,64, 6.7e,„,t.))- _, M.Jean Ra" son,Esq. Florida B No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 n g• OR: 4241 PG: 2441 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-41 HORSE CRREEK PARTNERS, LTD DEPT N0. 2005090022 ALAN SCHIFFMAN(REGISTERED AGENT) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the ,, ndersigned, ,T� 1 _ i"����"�was representative� for c���J� , on behalf of himself or Agreement with Collier County as to the resolution of Notices f Violation Respondent nn reference (case) number a2007-41 dated the 24th day of May, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 24, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of 04-41,The Land Development Code ,as amended, section(s) 10.02.06[B] [2] [a], 10.02.06[B] [2][d][ix]. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 536.32 incurred in the prosecution of this case. 2) Abate all violations by: A. Submitting a complete and suffi • nt application for sign vari ce to maintain an o -premise sign in the subject location within 14 ays of the hearing (June, 2007) or a fine of$150 per day will be imposed until the variance application is submitted. B. Pursuing variance process through final deter ;',_ ..n. if variance is pproved, submit a complete and sufficient sign permit application wit W.ays of variance approval or a fine of$150 per day will be imposed until the permit is submitte.. Pursue all inspections through certificate of completion within 60 days of permit approval or a fine of $150 per day will be imposed until the permit is COed. C. If variance is denied, remove the sign from the subject location within 30 days of variance disapproval or a fine of$150.00 a day will be imposed until the said sign is removed. 3) Respondent must notify Code Enforcement that the violation has been abated. a4k411- --AV- Respondent Date �� helle Arnold, Director Code Enforcement Department ,EV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-41 DEPT CASE NO. 2005090022 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HORSE CREEK PARTNERS,LTD, AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 24th, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4241 PG 2438,et. seq. 2. That a re-inspection was performed on June 26th,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken : 1. The respondent did not submit a complete and sufficient application for a sign variance with 14 days June 7th,2007 of the date of this hearing. FURTHER AFFIANT SAYETH NOT. Dated June 29th,2007. COLL I • OUNTY,FLORIDA CODE ••RCEMENT BOARD vC Kitchell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to • med .i• subs :.-d before me this 29th day of June,2007 by Kitchell T. Snow. Al: ( ignature of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF Name of Notary Public) L Deli C e A ,�,� Icon, la P�Ise ' ssioII#D so�'' '.••'Expires. D62972 ,--Personally known eDT UArt cBO 16,20- co,rvc REV 2/23/2006 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Francisca Alas CEB No. 2007-49 DEPT No. 2005080208 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 Agreement 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 2007-49 Dept. Case No. 2005080208 Plaintiff, vs. FRANCISCA ALAS, 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: September 27, 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: 2575 53rd Street SW SERVED: Francisca Alas, 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: 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. 2007-49 DEPT CASE NO. 2005080208 Board of County Commissioners vs. Francisca Alas Respondent(s) Violation(s): 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) 10.02.06 (b)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06. (B)(1)(e)(i). Location: 2575 53rd Street SW Description: Improvements of property without valid Collier County Building Permits 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 0913, 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$ 6,249.00. See below. Order Item#1; Order Item #4 Fines at a rate of$100 per day for the period between July 19, 2007—August 30, (42 days) for the total of $4,200.00. Fines are still accruing. Order Item #3; Order Item #7 Fines at a rate of$100 per day for the period between August 18, 2007—August 30, (12 days) for the total of $1,200.00. Fines are still accruing. Order Item #9 Operational Costs of $849.00 have not been paid. 4040250 OR: 4251 PG: 0913 RECORDED in OFFICIALIBCORDS of COLLIER COUNTY, FL 06/29/2007 at 08:47AR DWIGHT B. BROCK, CLERK REC FEB 35.50 Retn: CODE ENFORCEMENT CODE ENFORCEMENT BOARD 2800 N HORSESHOE DR COLLIER COUNTY, FLORIDA NAPLES FL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-49 vs. FRANCISCA ALAS, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007, and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board,as follows: FINDINGS OF FACT '. 1. That Francisca Alas is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 2575 53`1 Street S.W.,Naples, Florida,Folio 36371680000,more particularly described as Lot 15, Block 182,UNIT 6,GOLDEN GATE,Part 1,according to the Plat thereof recorded in Plat Book 9, Page 5 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)(i) (NOTE: Section 10.02.06(B)(1)(d)(i)was renumbered September 13,2005 by 10.02.06(B)(I)(e)(i) in the following particulars: Improvements of property without valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(d)(i) (NOTE: Section 10.02.06(B)(1)(d)(i)was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By obtaining a Collier County Building Permit for all improvements within 30 days(July 18,2007). OR: 4251 PG: 0914 2. By obtaining all required inspections and a Certificate of Occupancy within 60 days of the issuance of the permit. 3. In the alternative,by obtaining a Collier County Demolition Permit and removing all improvements and converting the property back to its original state,passing inspections,and obtaining a Certificate of Completion within 60 days(August 17,2007). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 30 days (July 18, 2007),then there will be a fine of$100 per day for each day until the building permit is obtained . 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the issuance of a permit,then there will be a fine of$100 per day for each day until the required inspections and certificate of occupancy is obtained. 7. That if, in the alternative,the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days (August 17,2007),then there will be a fine of$100 per day for each day until the violation is abated. 8. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$849.00. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this ,9 7 day of r'z.c_ ,2007 at Collier County, /1 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 -� g � 0 day of (_)11(\e, 2007, by Sheri Barnett, Chair of the Code.Enforcement Board of Collier County,Florida,who is personally known to me or t•/ who has produced a Florida Driver's License as identification. :2,,,,,,e KRISnNEHO�rory OTARY PUBLIC =° = MY COMMISSIONMDD686595 y commission expires: tnnl ����•�'= EXPIRES:June 18,2011 BondedThtu Notary Public underwriters State 01 FLOR1LA 20L!nry of COLLIER HEREBY s'RtJtY .Tkoi;IA correct c o p y to �9 t n � RJl i ✓' G.t4�c�i Min tf?. i 65 4K V lty},:`:if .°e.;tier Count INfi.:: E. `x-o�tfc`j I C URTS tkitcfi ,dta-VC4 D.C. OR: 4251 PG: 0915 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Francisca Alas, 5240 Floridian Avenue,Naples,Florida 34113 this day of 2007. t ice. ,��y ! M.J an wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** 011: 4251 PG: 0916 ** - Petitioner, Vs. CEB NO. 2007-49 Francisca Alas DEPT NO. 2005080208 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Francisca Alas, on behalf of herself enters into this,.Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005080208 dated the 4 day of August, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 18, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a) and 10.02.06.(B)(1)(d)(i). Section 10.02.06(B)(d)(i) was renumbered September 13, 2005 and are described as Ordinance 2004- 41 As Amended, Collier County Land Development Code. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$849.00 incurred in the prosecution of this case. 2) Abate all violations by either: Obtaining a Collier County Building Permit for all improvements within thirty days (30) of today's hearing or a one hunder dollar ($100) a day fine will be imposed until the violation is abated. And within sixty days (60) after the issuance of the permit all required inspections and certicate of occupancy must be obtained or a one hundred dollar ($100) a day fine will be imposed until the required inspections and certicate of occupancy is otained. Otaining a Collier County Demo Permit and removing all improvements and converting the property back to its orginal state, pass inspections, and get a certicate of completion within sixty days (60) of today's hearing or a one hundred dollar($100) a day fine be imposed until violation is abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Michelle Arnold, Director Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.007-49 DEPT CASE NO. 2005080208 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Francisca Alas,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 18, 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 by obtaining a Collier County Building Permit for all improvements on her residential property within 30 days of the hearing (July18, 2007)or in the alternative, by obtaining a Collier County Demolition Permit and removing all improvements and converting the property back its original state, passing inspections, and obtaining a Certificate of Completion within 60 days(August 17, 2007) of the hearing as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4251 PG 0913,et. seq. 2. That a re-inspection was performed on August 20,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken.Permit for the improvements of the respondent's residential property is still in apply status and no Collier County Demolition Permit been issued to the respondent. FURTHER AFFIANT SAYETH NOT. Dated August 20,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMEN BOARD Ed Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this August 20,2007 by Ed Morad. 7" ,. (Sit, .tore of NotaryTublic) PUBLIC (Print/Type/Stamp Commissioned r., Kit Name of Notary Public) ? yi,1 ;CAIIlD1tS,l^� star , Exphe -I 1F, REV 3 14-05 B0N13EDT HRtU44" - 2 (0/VirT CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007-49 vs. FRANCISCA ALAS, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on June 18,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 27,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4251, PG 0913, et. seq. on June 29,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on August 20,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated June 27,2007, it is hereby ORDERED,that the Respondent,Francisca Alas,pay to Collier County fines of$4,700 at the rate of$100 per day for the period between July 19,2007 and September 4,2007,plus$849.00 for operational costs,for a total of$5,549.00. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 3 day of & C f,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY. lit - erald LeFeivre,'ice Chair / 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of 0 C,f ,2007,by Gerald LeFebvre, Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. 41• H01-TON NOT RY PUBLIC 4 MY COMMISSION NDD686595 My commission expires: EXPIRES:June Bonded ThruNWen puuree „ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this ORDER ha.i,ben sent by U. S. Mail to Francisca Alas,5240 Floridian Avenue,Naples,Florida 34113 this I. day of CJCt ,2007. /2 M.Jean wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 tare 0T F t.QRIUA (239)263-8206 z ;o u n ty'pt,CQ tei,.1 E R ... 1 HE ay,cE1 'r ?. THAT this is a true end :ortect cbny'ct 3 1o.cument cn,tile in beard Minutes and Rz ,° of Collier County vii____„IrNIESS my h a5, }d orr;o '^1 se jthis —day of CC- OW G T'E: BR LK, RK OF COURTS TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jose and Carmen Martinez CEB No. 2007-50 DEPT No. 2006090890 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 i-� Past Orders of the Board 3-5 Stipulation Agreement 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 2007-50 Dept. Case No. 2006090890 Plaintiff, vs. JOSE AND CARMEN MARTINEZ, 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: September 27, 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: 218 W. Main Street, Immokalee SERVED: Jose and Carmen Martinez, 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 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 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-50 DEPT CASE NO. 2006090890 Board of County Commissioners vs. Jose and Carmen Martinez Violation(s): Violation of Ordinance(s) 04-41, The Collier County Land Development Code, as amended. Sections 10.02.06 [B][2][a] and 10.02.06[B][2][d][ix], Ord., 2004-58, The Property Maintenance Code, Sections, 16[2][j[, 16[1][e], 16[2][i]. Location: 218 W. Main Street, Immokalee Folio 8161440008 Description: Erection of Signs without proper county permit(s) and failure to maintain front windows in a proper state of repair. 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 0944, 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$ 14,100.00 See below. Order Item# 1; Order Item# 6 Fines at a rate of$ 150.00 per day for the period between July 3, 2007-August 27, 2007 (55 days) for the total of $8,250.00. Fines continue to accrue. Order Item # 4; Order Item # 9 Fines at a rate of$ 150.00 per day for the period between July 19, 2007-August 27, 2007 (39 days) for the total of $5,850.00 . Fines continue to accrue. Order Item # 12 Operational Costs of $296.42 have been paid. 4040259 OR: 4251 PG: 0944 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/29/2007 at 08:47AM DWIGHT E. BROCK, CLERK REC FEE 35.50 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.2007-50 • vs. • JOSE AND CARMEN MARTINEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 18,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: FINDINGS OF FACT n 1. That Jose and Carmen Martinez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by personal.service. 4. That the real property located at 218 W. Main Street,Immokalee,Florida,Folio 8161440008 more particularly described as Lot 20,Block 3,of Fred Whidden's Subdivision, according to the Plat thereof recorded in Plat Book 2,Page 26 of the Public Records of Collier County,Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code, as amended, sections 10.02.06(B)(2)(a)and I0.02.06(B)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,sections 16(2)(j), 16 (1)(e), and 16(2)(i) in the following particulars: Erection of signs without property county permits and failure to maintain front windows in a proper state of repair. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, , sections 10.02.06(B)(2)(a)and 10.02.06(B)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code, sections 16(2)(j), 16(1)(e), and 16(2)(i)be corrected in the following manner: 9 OR: 4251 PG: 0945 1. By obtaining permits for wall signs within 14 days(July 2,2007). 2. By obtaining all inspections and certificate of completion within 60 days of the permit issuance. 3. By removing any unauthorized,obsolete,non-complying or deteriorated signs,posters and graffiti from the building exterior within 14 days(July 2,2007). 4. By removing boarding and by obtaining permits to install windows that shall be property fitted within the frame and shall be weather tight,weather proof and maintained in a good state of repair with 30 days(July 18, 2007). 5. By have a licensed contractor install the windows within 60 days of the permit issuance. 6. That if the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days (July 2,2007), then there will be a fine of$150 per day for each day until the permits are obtained. 7. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of permit issuance, then there will be a fine of$150 per day for each day until the permit is CO'd. 8. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 14 days (July 2, 2007), then there will be a fine of$150 per day for each day until the signs are removed. 9. That if the Respondents do not comply with paragraph 4 of the Order of the Board within 30 days (July 18,2007), then there will be a fine of$250 per day until permits are obtained. 10. That if the Respondents do not comply with paragraph 5 of the Order of the Board within 60 days of the permit issuance,then there will be a fine of$250 per day until such installation is completed and CO'd. 11. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 12. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$296.42. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of f-eivi,t, ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 4Z %'c Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisa day of 2007, by Sheri Barnett, Chair of the Cod."-Enforcement Board of Collier County, Florida,who is personally known to me or ii// who has produced a Florida Driver's License as identification. KRISTINE HOLTON MY COMMISSION#U%E56595 { �, EXPIRES:June 18,2011 hi� rl�( ( !, ?nm Notary Public UnderWT ters g NC TA11Y PUBLIC My commission expires: State 01 F LJI=t1UA c;:r y of COLT .r ' f H ERES? CE r aFY T HAT hIS i s true and correct Ccry-t c' c >C Y' rio r J Curly � `NS ye. . scot this w 19 9 E. BROCK,piERK OF,POURT 4. OR: 4251 PG: 0946 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee nt by U. S.Mail to Jose and Carmen Martinez,218 W. Main Street,Immokalee,FL 34142 this 3`_T y 0 2007. a75"---4-11 M.Jea, wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 n BOARD OF COUNTY COMMISSIONERS Collier County, Florida **�, OR: n�G� ��, 0947 ** Petitioner, ` ;J *** Vs. CEB NO. 2007-50 JOSE AND CARMEN MARTINEZ DEPT NO. 2006090890 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, S ./‘7. a °� ` `J� on behalf of himself or Agreement with Collier County as to hepresol ton ofoNotices Respondent onninrreference (case) number and 2006090890, CEB 2007-50, dated the 20th day of June, 2007. (case) number In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation hearing is currently scheduled for June 20th, 2007; to promote efficiency in the administration enforcement process; and to obtain a quick and expeditious resole ( ) latlon for which parties hereto agrees as follows: utlon of the matters outlined thehein the 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to existence. p their 2) The violations are that of section(s) 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix) and are described as Violation of Ordinance 04-41, sign without a permit ,and 2004-58 16[2][j].16[1][e] and 1612 dealing with graffiti ,boarding of windows and illegal pole and wall signs. [ ][] THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$296.42 incurred in the prosecution of this case. 2) Abate all violations by: A. Obtain permit(s) for wall sign(s) within 14 days of the date of this hearing or a fine day will be imposed until permit(s) are obtained. All inspections and certificate of completion 0 a must be completed within 60 days of permit issuance or a fine of$150.00 a day will be osed until permit is coed. p B. Remove any unauthorized, obsolete,non-complying or deteriorated sins from the building exterior with in 14 days of the date of this hearing r 'posters and 00 of day be imposed until such signs are removed. 30 hearing or a fine of$150.00 a day C. Remove boarding and obtain permits within el<days of the ate of this hearing to install windows that shall be properly fitted within the frame and shall be weather tight, weather proof and maintained in a good state of repair or a fine of $250.00 a day will be imposed until permits ar obtained. Installation and (co), by a Iicensed contractor, must be completed within 60 da s of are permit issuance or a fine of s completed$250.00 a day will be imposed until such installation iand d D. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Investigator to come out and perform a site inspection. -e zf�espondent e MicheTe Arnold, Director Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-50 DEPT CASE NO. 2006090890 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JOSE AND CARMEN MARTINEZ,Defendant(s) STATE OF FLORIDA AFFIDAVIT OF NON-COMPLIANCE COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared KITCHELL T. SNOW, Code Enforce the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: ment Official for 1. That on 20TH of June, 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 0944, et. seq. 2. That a re-inspection was performed on July 30th, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. A. Order 1. of the board has not been completed. Respondent was to obtain sign permits with in 14 days of the date of this hearing July 2nd 2007 and has not done so. The respondent is not in compliance with this order. B. Order 4. is partially complete. The boarding of the windows has been removed. The respondent is in compliance with this part of the order. The respondent was to obtain building permits for installation of said windows within 30 days of the date(June 18th,2007)of the hearing. The permit was submitted on July 27th,2007 and remains in apply status. The respondent is not in compliance with this part of the order. FURTHER AFFIANT SAYETH NOT. Dated 30th of July,2007. COLLIER COUNTY,FLORIDA 0 L 'C�NTB� 'Fell . Snow STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn to(o a ed) .. d bscrib j before me this 30th of July,2007 by gn, re if Notary •ub ic) (Prin Type/Stamp Commissioned Name of Notary Public) Personally known V �- °TARZYPIBLI CommiK CAssS fioVi . iTr'aE#n QD FSDFlI6CA1kBRl4Ie IS3A '••.,,,,,,,••'Expires: NOV 29 2016 BONDEDTHRU ATLA!TW t strIrvr-r.0.tNC. REV 3-14-05 7. et /0/ g/ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-50 vs. JOSE AND CARMEN MARTINEZ, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on June 18,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on June 27,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4251, PG 0944, et. seq. on June 29,2007. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on July 30, 2007, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated June 27,2007, it is hereby ORDERED,that the Respondents,Jose and Carmen Martinez,pay to Collier County fines in the amount of $8,250 for the period July 3,2007 through August 27,2007(55 days)at$150 per day. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real orr personal property owned by Respondent. DONE AND ORDERED this 3 day of (O C C.-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORID BY: erald LeFebvr.,Vice 7 2800 North H e seshoe Dr ve Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 5 day of Cc ,2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or i/ who has produced a Florida Driver's License as identification. �J KRISTINE HOLTON � �/ MY COMMISSION 11 DD 696595 NOTARY PUBLIC • EXPIRES:June 18,2011 My commission expires: Beaded MN Notary Pudic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to this ORDER has been sent by U. S. Mail to Jose and Carmen Martinez,218 W. Main Street,Immokalee,FL 34142 this 6i day of (96"t ,2007. M. Jean son,Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 ;tare at FLORIDA county of COLLIER I HEREBY CERTirr THAT this Is a true and correctcoj �,. or .:,..'�rr .t ^s, Io Joard s�,nut 4r,411:,; M; of Collier County W .JES ,ray F #Oh � ::,;'' I cell this .iv of.E, c± .ac c ;-4- •DWI : E ROCK, • OF COURTS DA ✓/