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Backup 10/25/2007 2007 Code Enforcement Board Backup Docs October 25, 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: October 25,2007,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—September 27,2007 4. PUBLIC HEARINGS A. MOTIONS B. STIPULATIONS 1. BCC vs. Auto Village of Naples CEB 2007-101 C. HEARINGS 1. BCC vs. Steven Profaca CEB 2007-67 2. BCC vs. Fifth Third Bank CEB 2007-87 3. BCC vs. Saxon Manor Isles Apartments, Limited Partnership CEB 2007-88 4. BCC vs. Heron Park Partners, LTD CEB 2007-89 5. BCC vs. Juan Mesta CEB 2007-97 6. BCC vs. Judith Wages CEB 2007-98 7. BCC vs. J&C Auto Sales CEB 2007-99 8. BCC vs. Ted Zhi Luo CEB 2007-100 9. BCC vs. Osprey's Landing, LTD CEB 2007-102 10. BCC vs. Aloha Pools and Spa Corporation CEB 2007-104 11. BCC vs. Bart and Sandi Chernoff CEB 2007-105 12. BCC vs. James W. Craft CEB 2007-107 13. BCC vs. Linda Geibelhouse-Deluca and Charles Deluca CEB 2007-108 14. BCC vs. Alfredo and Miradis Miralles CEB 2007-109 5. OLD BUSINESS A. Request for Imposition of Fines/Liens 1. BCC vs. Jerry and Kimberlea Blocker CEB 2006-16 2. BCC vs. Jerry and Kimberlea Blocker CEB 2006-17 3. BCC vs. Jerry and Kimberlea Blocker CEB 2006-18 4. BCC vs. Alfredo Miralles and Alfredo Miralles JR. CEB 2007-66 5. BCC vs. Alfredo and Miradis Miralles CEB 2007-79 B. Request for Foreclosure Authorization 1. BCC vs. Ronald Freeman CEB 2005-26 2. BCC vs. Curtis and Brenda Blocker CEB 2005-35 3. BCC vs. Curtis and Brenda Blocker CEB 2005-39 4. BCC vs. Star Mobile Home Park, LLC CEB 2005-43 5. BCC vs. Star Mobile Home Park, LLC CEB 2005-44 6. BCC vs. Star Mobile Home Park, LLC CEB 2005-45 7. BCC vs. Robert and Cristina Ferris CEB 2007-07 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE - November 29,2007 10. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Auto Village of Naples, Respondent(s) Robert Hall, Registered Agent CEB No. 2007-101 DEPT No. 2005050157 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-11 CODE ENFORCEMENT- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-101 Dept. Case No. 2005050157 Plaintiff, vs. AUTO VILLAGE OF NAPLES, RESPONDENT ROBERT HALL, REGISTERED AGENT, NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 15575 Old Tamiami Trail SERVED: Auto Village of Naples, Respondent Robert Hall, Registered Agent 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: 9/10/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO.2007-101 vs. DEPT CASE NO.2005050157 Auto Village Of Naples Robert Hall 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 2004-41 As Amended,The Collier County Land Development Code. Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d),and 10.02.06(B)(1)(d)(i). Section 10.02.06(B)(1)(d)(i)was renumbered September 13,2005 as 10.02.06(B)(1)(exi).Florida Building Code,2001 edition,as amended by Ordinance No.2002-01 Section 104.1.1 now referred to as Florida Building Code 2004 Edition Section 105.1 2. Description of Violation:Improvement of property without valid Collier County Building Permits. 3. Location/address where violation exists: 15575 Old Tamiami Trail,Naples Fl.34110 4. Name and address of owner/person in charge of violation location. Robert S Hall and Holly Daye Hal1.155 Old Tamiami Trail,Naples Fl. 34110 5. Date violation first observed:May 4,2005 .•••• 6. Date owner/person in charge given Notice of Violation:July 18,2005 7. Date on/by which violation to be corrected:August 18,2005 8. Date of re-inspection: August 19,2005 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 29.day of August, 2007 / (Z---f, Ed Morad Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 6 day of August ,2007 by Ed Morad (Sign.ture of otary Public) (Print/Type/Stamp Commissioned .••■ Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-MTA.T.' ' H „ '"x1 el"'t R.A V, • Ir y REV 3-3-05 ii ICOIAII]18810I1+A Gib i eV. toe Expires° „1F' li?'l Case Number 2005050157 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent Robert Hall Registered Agent Date: 7/18/05 Investigator: ED MORAD Phone: 239-403-2441 Auto Village Of Naples Inc. Zoning Dist Industrial Sec 18 Twp 51 Rng 27 155 Old Tamiami Trail regal: Subdivision See Attached Block Lot Naples Fl.34110 Location: 15575 Tamiami Trail East Naples Fl. Folio 00763640008 OR Book 2019 Page 1832 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 92- 80 and 97-35,as amended,you are notified that a violation(s)of the following Violation(continued): codes exist: Sec.105 Inspections 0105.5 Posting of permit. Work requiring a permit shall not commence Ord. 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) until the permit holder or his agent posts the permit card in a conspicuous Building permit and certificate of occupancy compliance process place on the premises,etc E.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 Sec.106.1.2 Certificate of Occupancy. exist without first obtaining the authorization of the required building 0106.1.2 Building occupancy. A new building shall not be occupied or a permit(s),inspections,and certificate(s)of occupancy,etc. 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 10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance occupancy, etc (Also found in Section 22, Article II of the Collier of building permit. No site work,removal of protected vegetation,grading, County Code of Laws and Ordinances) improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Sec.106.3 Service Utilities requires a building permit under this land development code or other 0106.3.1 Connection of service utilities. No person shall make applicable county regulations. connections from a utility source of energy,fuel or power to any building or system which is regulated by the technical codes for which a permit is I0.02.06(B)(IXd)(i)In the event the improvement of property,construction of required, until released by the building official and a certificate of any type,repairs or remodeling of any type that requires a building permit has occupancy or completion is issued,etc been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact pennit(s). Ord.2003-37 Collier County Right—of-Way-Ordinance ['Sec. 5 Permits. It shall be unlawful for any Responsible Party to dig, Florida Building Code,2001 edition,as amended by Ordinance No.2002-01 excavate,obstruct,or place any construction or other material,or perform Sec.103.11 Safety any other work which disturbs the existing structure and/or compaction of 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, soil in any right-of-way provided for public use in Collier County, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including any public right-of-way maintained by Collier County within the or do not provide adequate egress, or which constitute a fire hazard, or are boundaries of any municipal corporation, without first obtaining a permit otherwise dangerous to human like, or which in relation to existing uses, for such work,etc(Also found in Section 110,Article II of the Collier constitutes a hazard to safety or health, are considered unsafe buildings or County Code of Laws and Ordinances,Section 110-31.) service systems. All such unsafe buildings,structures or service systems are hereby declared illegal, etc (Also found in Section 22, Article II of the Other Ordinance/Narrative: Collier County Code of Laws and Ordinances) Order to Correct Violation(s): 0103.11.2 Physical Safety[pools]. Where pool construction commences prior Must be in compliance with all Collier County Codes and Ordinances. to occupancy certification of a one or two family dwelling unit on the same Apply for and obtain all permits required for described property,the fence or enclosure required shall be in place at the time of final structure/improvements: OR remove said structure/impmvements, building inspection....Where pool construction is commenced after occupancy including materials from property and restore to a permitted state. 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 EMust request/cause required inspections to be performed and obtain a during the period commencing with filling of the pool and ending with certificate of occupancy/completion. OR demolish described completion of the required fence or enclosure, temporary fencing or an improvements/structure and remove from property. approved substitute shall be in place,etc.(Also found in Section 22,Article II of the Collier County Code of Laws and Ordinances) ['Must effect, or cause, repair and/or rehabilitation of described unsafe Sec.104.1 Permit Application building/structure/systems: OR remedy violation by means of permitted demolition of same. 0104.1.1 When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the Violation(s)must be CORRECTED BY: 8-18-05 occupancy or occupant content of a building or structure,or any outside area being used as part of the building's designated occupancy(single or mixed)or to erect, install, enlarge, alter, repair, remove, convert or replace any Failure to correct violations may result in: electrical, gas, mechanical or plumbing system, the installation of which is 1) Mandatory notice to appear in court or issuance of a citation that may regulated by the technical codes,or to cause any such work to be done,shall result in fines up to$500 and costs of prosecution OR first make application to the building official and obtain the required permit 2) Code Enforcement Board review that may result in fines up to$250 per for the work,etc =•' p violaf gas the violatio ns, and costs of �p . = u.o 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- Respondent's Signature Date 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 / o not limited to, excavation pile driving(excluding test piling), well drilling, Investigator's Signature Date formwork,placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat,etc.(Also found in Section 22, Article II of the Collier County Code of Laws and Ordinances) �j Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 `� COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION (; Tallahassee,Florida 2004 4. ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS n FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 6. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 19.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp.No.2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10,02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp.No. 2 LDC10:86 7. Florida Building Code 2004, Building Page 1 of 1 Florida Building Code 2004, Building 0 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Build2004_FL/1?f=templates$fn=d... 7/26/2007 �. 11OiN 1 v) rbK1v111 s Page 1 of 7 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. http://erodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Build2004_FL/3/8?f=templates$fn=... 7/26/2007 3860757 OR: 4060 PG: 0689 RECOIDID in OFFICIAL RECO&DS of COLLIE& COOITT, FL 06/22/2006 at 03:231111 DWIGHT E. BROCI, CLE M '� WARRANTY DEED DOc-.70 10.70 Retn: This Warranty Deed made the Ft!day of Ji I I RICRIIAN 2006, by HOLLY DAYE HALL (also known as Holly Daye), 110 BOI 111602 hereinafter called the Grantor, to ROBERT S.HALL as Trustee units FL 34108 of the Robert S.Hall Trust under Declaration dated May 5,2006 and to HOLLY DAYE HALL as Trustee of the Holly Daye Hall Trust under Declaration dated May 5, 2006, as tenants-in- common, each with an undivided one-half interest, whose post office address is 155 Old Tamiami Trail N, Naples, FL 34110, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The Trustees hereunder shall have full power and authority to deal in and with the property described herein, or any part or interest therein, and shall have full power and authority to protect,conserve,and to sell or to lease,or to encumber,or otherwise to manage and dispose of the real property described herein. WITNESSETH: That the Grantor, for .•, i •f the sum of$10.00 and other valuable considerations, receipt whereof is he , �t. ,. • 1 ts, bargains, sells, aliens, remises, releases and transfers unto the G : al certain land sip. `p. lier County,Florida,viz: All of Grantor's Interest• an• •• A parcel of land being p: • oft at ., it If the t ha )of the West half (W 1/2)of the East ha ( �►"•i , it: -,trkw, -. :{- ;. . 18, Township 51 South, Range 27 East, of o • ' . �, o ! o the amiami Trail and being more particular) : -.• ._,, :- . . From the Northeast co , • Section 18,Townsh!,. 51 •u ,,, ge 27 East,Collier County, Florida, run N ' :L+•' 59" W for 657. -4: :I. 4 ire section line to the Northeast corner of the a..qtr ribed fraction of e • 4 : ence S 0°30'21"W along the east line thereof f• 9 60 feet for the Poi' • inning. Thence N 89° 29' 39" W for 3 : : iftE t ret 17 n 9' 24" W for 655.94 feet; thence S 89°29' 39"E for 328.23 feet; • - 1'1°30'21"E for 655.95 feet,to the Point of Beginning. Said lands contain 4.94 acres,more or less. Together with and subject to a roadway easement over,along and across the East 30 feet of the aforesaid E 1/2 of the W 1/2 of the E 1/2 of the E 1t2, lying north of the Tamiami Trail, of said Section 18, Except North 968.59 feet thereof as measured along the East line of said fraction of Section 19. Grantor Warrants that Grantor has an undivided one-half (1/2) interest in the aforesaid property at the time of this conveyance. 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. Grantor hereby states that, at the time of delivery and recordation of this Warranty Deed, (a) neither Grantor nor anyone who might claim by,through or under Grantor has ever resided or intended to reside on the Property,(b)the Property was never the homestead property,as defined under Article X, Section 4 of n the Florida Constitution, of the Grantor or of anyone who might be entitled to claim such homestead by, *** OR: 4060 PG: 0690 *** n through or under Grantor, (c) the Property is not contiguous to the homestead property of Grantor or of anyone who might be entitled to claim such homestead by,through or under Grantor,and(d)that Grantor maintains a principal place of residence at 155 Old Tamiami Trail N,Naples,FL 34110. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that 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 restrictions and easements common to the subdivision,outstanding oil,gas,and mineral interests of record,if any,and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals the day and year first above written. Signed,s aled and eliv in the presence of . / . ,, // Maness Signature Ho ly r:4e / kov4,-074/ w A.ckvil Jj axi, Typed Name A�11 7e1-1,2-.e.,...1 c .itness Signature (JKfereC// f 4e /92Z.c Typed Naine t !, STATE OF FLORIDA 4 COUNTY OF COLLIER ;'J I HEREBY CERTIFY that on .0>, before me, an o' 1# . , 41 fled to take acknowledgments, personally appeared Holly Day. who is onally to me or who— -weed- as identifi - ; , .c , .. ow ��s 5 •Pme ':t she executed the same. WITNESS my hand and official seal 1 ..'r . ,.•.�'tate : of 'd is /S� of ,av'u e.. ,2006. i (SEAL) Notary Public Typed Name: My Commission Number is: My Commission Expires: This instrument prepared by: Kenneth W.Richman,Esquire Florida Bar No.220711 P.O.Box 111682 TMW p*mµ,,p, Naples,Florida 34108 034, MY ON#0052fi5q Telephone:(239)566-2185 9 p�IFES,Mip42010 0 ,4v,-. emonwiisorrowoomoos n -4- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-101 DEPT NO. 2005050157 Auto Village Of Naples Robert Hall, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Holly Daye Hall, on behalf of herself as co owner of property and wife of registered agent, Robert Hall, also owner, enters into this Stipulation and.Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number 2005050157 dated the 18 day of July, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i). Of Ordinance 2001-41, As Amended, The Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i). Also section 104.1 Of the Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 now referred to as Florida Building Code 2004 Edition Section 105.1 and are described as improvement of property without valid Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$533.30 incurred in the prosecution of this case. 2) Abate all violations 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 property within ninety days (90) of today's hearing or a two hundred dollar ($200) a day fine be imposed for each day any violation remains. Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within ninety days (90) of today's hearing or a fine of two hundred dollars ($200)will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in or.er t. co- •uct a final inspection to confirm abatement. tAl_n lib r espondent / Michelle Arnold, Director Code Enforcement Department - - - Date Date REV 2/23/07 \.VLLll:l\1.-A-P1111 1 1,1 1.V".111t1 CODE ENFORCEMENT BOARD CEB CASE NO.2005050157 DEPT CASE NO. 2005050157 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Auto Village of Naples Robert Hall,Reg.Agent,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code ___ Enforcement.Board-of_Collier County,who after being fully sworn, deposes and says: 1. That on October 25, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations by obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certicate of Completion for all non- permitted improvements on the property within 60 days(December 24, 2007). In the alternative by obtaining a Collier County Demolition Permit, all required inspections, and Certificate of Completion, or by removing all non-permitted improvements within 60 days (December 24, 2007). If the Respondent does not comply by obtaining either permits, inspections,or certificate of occupancy or completion within the 60 days (December 24, 2007) then there will be a fine of $400 per day for each day the violation remains as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4298 PG 0635, et. seq. The Code Enforcement Board on February 28, 2008 requested that the matter be continued until May 22, 2008 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4336 PG2762. On May 22, 2008 the Code Enforcement Board granted a Motion to Continue until September 25, 2008 as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4365 PG 0638. 2. That the respondent Mcontact the investigator. 3. That a re-inspection_was performed on October 31,2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance permits were obtained, inspections made, or certificate of occupancy or completion issued. The —.__.------.__- ..-Defendant(s)appeared before The Code Enforcement Board on October 31, 2008. The board voted to waive all fines. FURTHER AFFIANT SAYETH NOT. Dated October, 31, 2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BO:.' D ED Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 31,October,2008 by Ed Morad. NOTARY PUBLIC-STATE OF FLORIDA , ) l _ ' .t Jennifer E. Waldron 7 t aC_.� „ Y:�U T.,iC STATE OF FLORIDA Commission DD823767 ,"",,,, Jennifer E Waldron (Si a e of Notary Public) L ''�,,,,, Expires: SEF 17,?'; i m. :Commission#DD823767 pf+*n_m 0 TIM'A Lionic cor m::',.... ._ Expires: SEP.17,2012 Rev 1/9/2008 sox.='n TB$U ATLANTIC TOIWU4O CO.,INC. Retn: 4L3171J Una ill) / rU. ii0t COLLIER COUNTY CODE ENFRCNNT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 18.50 INTEROFFICE 11/13/1008 at 03:34PM DWIGHT E. BROCK, CLERK ATTN: JEN WALDRON CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-101 vs. AUTO VILLAGE OF NAPLES, Robert Hall,Reg.Agent Respondent ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on October,2008,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation;(e)the amount of the time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fine. THIS CAUSE came on for public hearing before the Board on October 25,2007,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 October 31,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4298,PG 0636, et. seq.on November 1,2007 . 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 October 31,2007,it is hereby ORDERED,that the Respondent,Auto Village of Naples,pay no fines. The operational costs incurred in * 011: 4407 PG: 1788 *** the prosecution of this case have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 1-(' day of 0 C v. ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: "a1 , ,/ / _ ,y Gerald Lefebvre, hair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this l.i: `day of \C ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ./who has produced a Florida Driver's License as identification. � G h- ""' i:RISTINEHOLTON NOTARY PUBLIC Mw COMMISSION#DD 686595 My commission expires: EXPIRES:June 18 2311. Rfi ernd fitu Notary Pu4ik Under; ntent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Robert Hall,Ref.Agent,Auto Village of Naples,Inc., 155 Old Tamiami Trail,Naples,FL 34110 this Lt-, of L . c_'•.. ,2008. / z M.Jea '..wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 .3ta1e 01 ; LUrttUA - Naples,Florida 34102 :ouftty of COLLIER (239)263-8206 i HEREBY CERTI(Y`T$Afthts Is a true ano :orrect CODy of a comment on file In 3oacd Minutes and r ccros of Collier County NIr ESS my nano and official seal this clay of 1Je�aMloe,ri )WIGHT E. BROCK, CLERK OF COURTS Retn: 4090438 OR: 4298 PG: 0635 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 52.50 2800 N HORSESHOE DR 11/01/2007 at 11:09AM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-101 vs. AUTO VILLAGE OF NAPLES, Robert Hall, 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 October 25,2007,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 Auto Village of Naples 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 personal service and certified mail. 4. That the real property located at 15575 Old Tamiami Trail East,Naples,Florida 34110,Folio 00763640008 more particularly described as(see legal)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)(l)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(BXI)(exi)and the Florida Building Code,2004 Edition,as amended by Ordinance No.2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition, Section 105.1 in the following particulars: Improvement 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,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 violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(I)(a), I0.02.06(B)(1)(d)and 10.02.06(B)(I)(d)(i)(renumbered as 10.02.06(B)(I)(e)(i)and the Florida Building Code,2004 Edition,as amended by Ordinance No.2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition, Section 105.1 be corrected in the following manner: OR: 4298 PG: 0636 1. Obtaining all required Collier County Building Permits,Inspections,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 60 days(December 24, 2007). 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections,and Certificate of Completion,or by removing all non-permitted improvements within 60 days(December 24,2007) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007,then there will be a fine of$400 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 24,2007,then there will be a fine of$400 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. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$533.30 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 ofUC.ii • ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA , • BY: Kennerrri,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 31 day of ()Cipher , 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. KRISTINEHOLTON NOTARY PUBLIC ,., MY COMMISSION#DD 686595 My commission expires: t, er EXPIRES:June 18,2011 linden/den •7 d;; BondedThruNotary Zsj 1 HEREBY CERTIFY THAT+!-”s is a ti.J6 art. nom, correct copy ot a r_•. :� xtie m Board Minutes an 'l �r County rdaYOf this ti .;:rn r-av1 DWIGHT E.BROC K,CLERK OF COURTS 194 ELM 011. 4298 PG: 0637 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.]ylail to Robert Hall; 5j l;q Reg. Agent,Auto Village of Naples, Inc., 155 Old Tamiami Trail,Naples,FL 34110 t aC.A7),beif,2007. M.Jean • Pr on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS OR: 4298 PG: 0638 Collier County, Florida Petitioner, Vs. CEB NO. 2007-101 DEPT NO. 2005050157 Auto Village Of Naples Robert Hall, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Holly Daye Hall, on behalf of herself as co owner of property and wife of registered agent, Robert Hall, also owner, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005050157 dated the 18 day of July, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i). Of Ordinance 2001-41, As Amended, The Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i). Also section 104.1 Of the Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 now referred to as Florida Building Code 2004 Edition Section 105.1 and are described as improvement of property without valid Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$533.30 incurred in the prosecution of this case. 2) Abate all violations by: G o Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and or Certificate of Completion for all non-permitted improvements on the property within y days .(98)-of today's hearing or a two. hundred dollar_{$200) a day fine be imposed for each day any violation remains. Fo c fmo Go Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within. inetp days (90) of today's hearing or a fine of 1 hundred dollars ($26U)will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in ore er t• co- •uct a final inspection to confirm abatement. , // ` • y/ v.egijill ‘PI espondent Michelle Arnold, Director Code Enforcement Department —7— a 7 - 5 - Date Date REV 2/23/07 3860757 OR: 4060 PG: 0689 RECORDED it OFFICIAL RECORDS of COLLIER CODIFY, FL 06/22/200b at 03:23P11 DHIGRi I. BROCE, CURE WARRANTY DEED C-.70 16.70 Kett: This Warranty Deed made the 14-L.day of '.) i , [ w Henn 2006, by HOLLY DAYE HALL (also known as Holly Daye), p0 30! 111612 hereinafter called the Grantor,to ROBERT S.HALL as Trustee BAPUS FL 34106 of the Robert S.Hall Trust under Declaration dated May 5,2006 and to HOLLY DAYE HALL as Trustee of the Holly Daye Hall Trust under Declaration dated May 5, 2006, as tenants-in- common, each with an undivided one-half interest, whose post office address is 155 Old Tamiami Trail N,Naples, FL 34110, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The Trustees hereunder shall have full power and authority to deal in and with the property described herein, or any part or interest therein, and shall have full power and authority to protect, conserve, and to sell or to lease,or to encumber,or otherwise to manage and dispose of the real property described herein. WITNESSETH: That the.Grantor, for .•• • •f the sum of$10.00 and other valuable considerations, receipt whereof is he• . Ii• , bargains, sells, aliens, remises, releases and transfers unto the G : .,at certain land si , 2,, tier County,Florida,viz: All of Grantor's Interest• an• • ` A parcel of land being p: • of II at • •• •f the L. t ha )of the West half (W 1/2)of the East ha ( J•'• i. , �`i -. ;7:, •. . 18, Township 51 South, Range 27 East,Col o �i T 1 , o the amiami Trail and being more particularl •., •'!f., f. E-i g P a From the Northeast co 4' Section 18,Townsh . •u , '4- ,ge 27 East,Collier County, Florida, run N ," I 59" W for 657. 4,: 1• ,*•7e section line to the �`" Northeast corner of the a•;.74- ribed fraction of 1 : ence S 0°30'21"W o along the east line thereof f. 916) feet for the Poi • Inning. Thence N 89° 29' 39" W for 3 : . itifE t rest! I''' 29' 24" W for 655.94 feet; sm. thence S 89°29' 39"E for 328.23 feet; • - •'t°30' 21"E for 655.95 feet,to the , Point of Beginning. °O Said lands contain 4.94 acres,more or less. G') Together with and subject to a roadway easement over,along and across the East 30 feet of the aforesaid E 1/2 of the W 1/2 of the E 1/2 of the E 1/2, lying north of the rn Tamiami Trail, of said Section 18, Except North 968.59 feet thereof as measured along the East line of said fraction of Section 19. Grantor Warrants that Grantor has an undivided one-half (12) interest in the aforesaid property at the time of this conveyance. 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. Grantor hereby states that, at the time of delivery and recordation of this Warranty Deed, (a) neither Grantor nor anyone who might claim by,through or under Grantor has ever resided or intended to reside on the Property,(b)the Property was never the homestead property,as defined under Article X, Section 4 of the Florida Constitution, of the Grantor or of anyone who might be entitled to claim such homestead by, -- _ ._ . _ .. _ . _._ - -. . ----- Jo *** OR: 4060 PG: 0690 *** through or under Grantor, (c) the Property is not contiguous to the homestead property of Grantor or of anyone who might be entitled to claim such homestead by,through or under Grantor, and(d)that Grantor maintains a principal place of residence at 155 Old Tamiami Trail N,Naples,FL 34110. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that 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 restrictions and easements common to the subdivision,outstanding oil,gas,and mineral interests of record,if any,and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals the day and year first above written. Signed, aled and eliv in the presence of '4p- • .‘i '/ mess Signature Holly 1 :'re /e4vti'-137y V.' Air/IA/4117j , Typed Name .‘).1.,V,R CO& • Go� �, �. /g &,; .1 Signature L5i22ereti/ -/e:462224_ Typed Naine • Iv ,. , STATE OF FLORIDA (-1 - COUNTY OF COLLIER rt -4- I HEREBY CERTIFY that on ,,r.<<, before me, an o i I` . . I rr fled to take acknowledgments, personally appeared Holly Day s who is . $ : lye,_,a/to me or who- - ueed- as identifi :,.,•O.,• 4 ow CZ 17:rdi , me ,-t she executed the same. - - WITNESS my hand and official seal r } . , • .• fate ,.• a 'd /s� of N - _ - - al/' .. ,2006. (SEAL) Notary Public - Typed Name: - - My Commission Number is: o My Commission Expires: This instrument prepared by: o Kenneth W.Richman,Esquire Florida Bar No.220711 — - P.O.Box 111682 METH W.mc*& ..R 'E' Naples,Florida 34108 117- 7,1 Iff COMMON iOD5 Telephone:(239)566-2185 ;;N,.:: nwaa42ot Tin NMI Page Urdenidlin (N. -4- // 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 REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12,Florida Statutes,and Collier County Ordinance No.05-55,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s) Ord:04-41,The Collier County Land Development Code,as amended,Sec: 10.02.03.B.5 and Collier County Site Improvement Plan:S.I.P. 00-01 2. Description of Violation: The respondent continues to violate the S.I.P.and the previously issued order of the Code Enforcement Board by displaying more vehicles for sale than allowed and specified in the site Plan.. 3. Location/address where violation exists: 2415 Avondale street 4. Name and address of owner/person in charge of violation location Mr.Steven Profaca 557 N.Barfield 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 20th.day of March, 2007, dtteOf STATE OF FLORIDA Code Enforcement vestigator - COUNTY OF COLLIER /j At Swo. to . .:u7ned . . subs�r be b e ttaisOay of . ! 007 by ;JY� 7 gnature o`-tary Public) ✓ (Print/Type/Stamp Commissioned Name of Notary,l?ul Personally known )/roduced identification Linda � � Type of identification produced 2d p Cotntnission#7727. 07 =v: .Q=nx ices:Dec 07,2007 ;F.•.L;A, Bonded ThrU Atlantic Bonding Co.,it�• REV 3-3-05 Case Number 2003020189 f COLLIER COUNTY CODE ENFORCEMENT 1 NOTICE OF VIOLATION C. -ar: PROFACA,STEVEN Date: 12/27/05 Investigator TOM CAMPBELL Phone: 239-403-2492 Marlin Zoning Dist C-5 Sec 11 Twp 50 Rag g: 2415 AVONDALE ST.SUITE 102 Legal: Subdivision 174100 e 25 NAPLES,FL 34112 Block o0 Lot 31 Location: 2415 AVONDALE ST. Folio 22720960000 Unincorporated Collier County OR Book 3402 Page 1555 NOTICE ORDER TO CORRECT VIOLATTON(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 violations) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- described location. REDUCE THE NUMBER OF VEHICLES DISPLAYED (TO A MAXIMUM OF THREE) TO Ord No. 04-41 Section 10.02.03.B.5 COMPLY WITH THE` APPROVED SITE ®Ord No. 04-41 OZ Section IMPROVEMENT PLAN(SIP00-01) DOrd No. Section nSupplemental attached • DOrd No. Section DOrd No. Section DOrd No. Section ON OR BEFORE: JANUARY 15, 2006 nESCRIPTION OF CONDITIONS CONSTITUTING THE Failure to correct violations may result in: nDLATION(S). 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of VIOLATION OF SETE I1IIPROVE1VLENT PLAN prosecution. OR Did Witness: 2) Code Enforcement Board review that may result in NUMEROUS VEHICLES ILLEGALLY DISPLAYED fines up to $1000 per day per violation, as long as the AND POSTED FOR SALE; EXCEEDING THE THREE violation remains,and costs of prosecution. VEHICLES ALLOWED PER SITE IMPROVEMENT PLAN. SEVERAL OF THESE ESE VEHICLES ILLEGALLY DISPLAYED IN COUNTY RIGHT OF WAY. SERVED BY: Su lemental attached ®Personal Service OCertifed Mail []Posting of Property INQUIRIES AND COMMENTS SHOULD BE D r • .TO Co y Fax Mail ENFORCEMENT INVESTIGATOR TO AMPaI/I�� 2800 No.Horseshoe Dr.N.• , 3410' gC/Z- S7-57 / ( � (23 9) 403-249 '• :(239 '0 ..S•3 / (� Inves ••.tor sip.- e ...../ �--- Signature and Tide of Recipient VIOLATION ST US: Print Dated this 27TH day of DECEMBER ,2005 ❑Initial Recurring ORepeat ""^N Alft41 ( V//e.CC_) /l/6 l/- i,_`y C� Az( K • AFFIDAVIT OF SERVICE Respondent(s): Steven Profaca CEB Case No. First Class Auto Wholesale, Inc. Code Case No. 20030201 89 2415 Avondale St. Naples, FL. 34104 Notice of Violation (Notice of Hearing (Notice of Hearing (IOF) JCitation (Notice to Appear (Code Enforcement Board Evidence Packet (Other: I, Tom Campbell, hereby swear and affirm that a true and correct copy of the document(s)referenced above have been provided to the Respondent(s)via: ❑US Mail ❑US Certified Mail (Return Receipt Requested) ®Posting of Property ❑Personal Service ®Collier County Courthouse Posting Sworn this 27th Day of December, 2005. 1119rr-rili/Migrwe, • CampbelI ode Enfo emen STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 27th Day of December,2005 by gnature of Notary Public NOTARY PU&LIC-STATE OF FLORIDA Joann S r�ixly 4F Commission#DD474746 Expires: SEP. 22, 2009 Print/Type/Stamp Commissioned Bonded Thu Ades!tic Bonding Co.,Inc. Name of Notary Public Personally Known V 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. , . , . 22' ALEY ! . ulur OLE 1 PND PK NA!L — HT 'P w/cAF, LB 586.2 N69-14.20-E /— FND ' W/CAP, POP I . .. ELIPLOYEE . EvPLO,EE pARKING eal.c■NO I ;11.: 0 50 17. I''''') -I..- — LOT 31 I . i LOT 32 I .. cri (..) „,„,.....,,, ..: FLA?OYER g ntich,!NO 01. g rri I _ 2 z , , Z L 0 cusrovrb 0 u; n• _ P AFNING • , . 8 8 g f - , . ? - - -..,.: I . 1 . Ni - ' '''.;j.:1: '• .-- P (----( .) 2. , i ,7— 0 H 5' WDE Ar:ES': 0 AIIP - '../•,' ,/, .7%.•%, /• ,. S EXISTING !insi ,..."_—_, 1 NO NOTE: TTOHISTHILI I • I RULDIINL DC11 EXISTING BUILDING PLANTER -4- G.IIj R ... •.-- n c -.2.. 1 ..._ ........, •/7. = ---‘ 40.DO' C_Tej — q,fl -I 38 CONC WALK I s....." — _ _ Z5 g. 8 ( 51.00' — 3000()...,----- i\ 589.14.2C*W 1\\— SET PI: NAIL W/DIS. I _ :CT Retn: 3812240 OR: 4009 PG: 1135 CODE ENFORCEMENT/ S GARCIA RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 21.00 2800 N HORSESHOE DR 04/03/2006 at 09:41AX 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 FINDZ S. ICUSIONS OF EANWS X7D ORDER OF I t.2111 THIS CAUSE came on for public heanng before-dre Board on testimony under oath,received evidence./and i respec�o aA a propnate mattes, thereupon issues having aits �\ Findings of Fact,Conclusions of Law,and-67 ! FINDINGS F`TACTi) t ' 1. That FIRST CLASS AUTO-WHOLESALE,_ i r: INC.is the.owneriof the:��bf ect property. =' 2. That the Code Enforcement Boar .has jurisdiction of the erspn,6Ahe! .espondent and that the Respondent,Steven Profaca,having beef dµI`.notified,appeared at the r chearing,in person and by counsel Attorney Doug Wood. \t 4` _ y , 3. That the Respondent was notified of the `f bea g-by certified mail and by posting. 4. That the real property located at 2415 Avondale Street,Naples,Florida Folio Number 22720960000,more particularly described as Lot 31,AVONDALE ESTATES,according to the plat thereof,recorded in Plat Book 4, Page 45 of the Public Records of Collier County,Florida,is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended,section 10.02.03(B)(5)and Collier County Site Improvement Plan No.00-Olin the following particulars: Continuing to post for sale,display for sale and store a greater number of vehicles than allowed by the Site Improvement Plan. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes;and Collier County Ordinance No.92-S0, it is hereby ORDERED: 4 OR: 4009 PG: 1136 • That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code, as amended,sections 10.02.03(B)(5)and Collier County Site Improvement Plan No. 00-01 be corrected in the following manner: 1. By corning 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$801.27. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within Filing an Appeal shat of stay the Board's Order. DONE AND ORDERED this d/ f A Florida. /'CI ice ° Q •6.:t„C 11. County, CV CODE ENFORCEMENT,BOARD �c —'—COLLIER UNT'i,FLORIDA , , i( ; l \ ,hetxy Barnet : l. � '1,�� t 28�i0�`�orth)<iorseshbe Drive w,,. . ,�.-'%Iapls,Florddaa 1p STATE OF FLORIDA '\ 4_ 1st �` COUNTY OF COLLIER) \ i..,,,'.. ' "w The foregoing instrument was aclmowle g efoe.•mert i� !day of 19704G L 2006, herry Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who .._ . .duced a Florida Driver's License as identification. / NOTARY PUBLIC My commission expires: Donna L.Modugno c� YPU =.Commission aDDs 3 007 m .``,�,.oc EXPITBonded Th u Stare ca FLORIDA ''?or °,e Atlantic Bonding co•-Inc. >rY o!COLLIER !HEREBY CERTIFY THAT this is a true and correct copy of a aoc2mtuTt on file in '.lard Minutes.aid.R cc•rc3 of Collier Count, m 7a oil,' f i ozAat Seal this _.__!..may • DWIGHT E.ItRe K,.CLERK OF Cs RTS • IC D.C. t/ 3263599 OR 3402 PG: 1555 This instrument prepared neon 1 matt tutee aE eOLLIf cx•sm, a without opinion by 01/Z2/203 et sr6:221t8t IMO 1. Cam, CtLld LUDWIG J. ABRUZZO C 211f44.14 5425 Park Central Court E14C 11.51 Naples, Florida 34109 '.la l4lf,ff 941-593-1444 Utz: MIT ar 111$!311. Return to: 1114 1 MUM RD 1/1C0 IWL O FL 34145 Properrti 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 CIass Auto Wholesale, Inc, a Florida Corporation, whose address is 2415 Avondale Street, Naples, FL, 34104. 15R. That ..' r, far-an ,, onsideration of the sum of TEN DOLLARS ($10.00) and oth t consideration sa'd grantor in hand paid by said g rantee, the receipt whereof �hexeb Dwled.-. has grant , bargained and sold to the said grantee and grantee's heirs f nd ssigns a the fl lowin de ribed land, situate, Iying and being Collier County, Flor da, o k �' y LOT 31, AV �� : C I � TO THE PLAT THEREOF, RE • 'ED IN PLAT a'#1O 1 4 .I GE 45, OF THE PUBLIC RECO' IF COLLIER C`' T -• RIBA TO HAVE AND TO HOLE .. - v'7'-ej 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. DEPT NO. 2003020189 Steven Profacca, Owner First Class Auto Wholesale, Inc. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Steve Profacca, 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 2003020189 dated the 5th day of February, 2003. In consideration of the disposition and resolutio of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 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. The violations are that of section(s) .10.02.03.(B)(5) and are described as Ordinance 2004-41 as amended; Collier County Site Improvement Plan (S.I.P.00-01); and the Finding of Fact, Conclusions of Law and Order of the Board, and dated March 23, 2006. 1) Pay operational costs in the amount of$ 253.79 incurred in the prosecution of this case. 2) Abate all violations by: A. Paying a civil penalty for the repeated violation in the amount of$5000.00. B. Conforming to the current approved Site Improvement Plan (SIP) and limit display of "for sale" vehicles to no more than three vehicles as designated in the approved SIP. Further, cease and desist the practice of displaying any vehicles illegally in the County Right of Way. C. Removing all unauthorized vehicles within two days of the hearing or an additional fine of $200.00 per day per vehicle will be imposed until the vehicles are removed. D. Notifying the Code Enforcement Investigator within 24 hours of abatement of the violation in order to conduct a final inspection to confirm compliance. E. If the Respondent repeats the violation noted above a fine of$200.00 per day per vehicle will be imposed each time the repeat violation is witnessed. Respondent Michelle Arnold, irector ! /o 2 Code Enforcement Department �h- / 7 a007 Date Date REV 2/23/07 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 Steven Profaca 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 posting. 4. That the real property located at 2415 Avondale Street,Naples,Florida 34116,Folio 22720960000 more particularly described as Lot 31,Avondale Estates,according to the Plat thereof,of record in Plat Book 4,Page 45, of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.03.B.5 and Collier County Site Improvement Plan, SIP 00-01 in the following particulars: Respondent continues to violate the SIP and the previously issued Order of the Code Enforcement Board (March 27,2006)by displaying more vehicles for sale than allowed and specified in the site plan. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections I0.02.03.B.5 and Collier County Site Improvement Plan,SIP 00-01 be corrected in the following manner: 1. By paying a civil penalty for the repeated violation in the amount of$5,000. 2. By conforming to the current approved Site Improvement Plan(SIP)and limit display of"for sale" vehicles to no more than three vehicles as designated in the approved SIP. Further,by ceasing and desisting the practice of displaying any vehicles illegally in the County Right of Way. 3. By removing all unauthorized vehicles within 2 days(October 27,2007.) 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 27, 2007,then there will be a fine of$200 per day for each day for each day the violation remains. 5. That if the Respondent repeats the violation a fine of$200 per day per vehicle will be imposed each time the repeat violation is witnessed. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated Within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$253.79 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 j i ST of O( ' . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNT I ' DA BY: �'- Kenneth elly,Vice Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 0 l ST �.he a of OC , 2007,by Kenneth Kelly,Vice Chair of tl�e 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.AALAcsai ____ ',.�77 KRISTINE HOLTON IAA _4. MI :+a MY COMMISSION#DD 688595 NOTARY PUBLIC �.. EXPIRES:June 18,2011 My commission expires: 1 f y'Y Bonded ThN Notary Pubic Undenv tece 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 this 31S day of }Qhp{,200'7,", staid A - t " R -4. titer $: .. ,:oun'y a wino // 4 i HEREBY CERTIFY THAT this Is a true SO M.Jean Ra n, Esq. correct copy a# a rf': • on file 1R Florida Bar o. 750311 Board Minuted Jf Collier Count) for the Code Enforcement Board r}�T,flES ;rfy h is Seathis 400 Fifth Avenue S.,Ste. 300 "I day of NOvCg I • r, af�D� DWIGHT E. BROCK,CLERK OF COURTS 3v,C1211"°-4\itt'Ll—A)49 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. Steven Profacca, Owner DEPT NO. 2003020189 First Class Auto Wholesale, Inc. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Steve Profacca, 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 2003020189 dated the 5th day of February, 2003. In consideration of the disposition and resolutio of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October T4 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. The violations are that of section(s) .10.02.03.(B)(5) and are described as Ordinance 2004-41 as amended; Collier County Site Improvement Plan (S.I.P.00-01); and the Finding of Fact, Conclusions of Law and Order of the Board, and dated March 23, 2006. 1) Pay operational costs in the amount of$253.79 incurred in the prosecution of this case. 2) Abate all violations by: A. Paying a civil penalty for the repeated violation in the amount of$5000.00. B. Conforming to the current approved Site Improvement Plan (SIP) and limit display of "for sale" vehicles to no more than three vehicles as designated in the approved SIP. Further, cease and desist the practice of displaying any vehicles illegally in the County Right of Way. C. Removing all unauthorized vehicles within two days of the hearing or an additional fine of $200.00 per day per vehicle will be imposed until the vehicles are removed. D. Notifying the Code Enforcement Investigator within 24 hours of abatement of the violation in order to conduct a final inspection to confirm compliance. E. If the Respondent repeats the violation noted above a fine of $200.00 per day per vehicle will be imposed each time the repeat violation is witnessed. Respondent Michelle Arnold, irector /Z1L- /a /0 /o 2 Code Enforcement Department Date .. c200 Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fifth Third Bank., Respondent(s) Corporation Service Company(Registered Agent), CEB No. 2007-87 DEPT No. 2006120308 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 Deed 6-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-87 n Dept. Case No. 2006120308 Plaintiff, vs. FIFTH THIRD BANK, RESPONDENT CORPORATION SERVICE COMPANY, REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 7599 Vanderbilt Beach Road SERVED: Fifth Third Bank, Respondent Corporation Service Company, Registered Agent Inv. Susan O'Farrell, 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: 9/10/2007 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.2007-87 vs. DEPT CASE NO. 2006120308 Fifth Third Bank,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended The Collier County Land Development Code: Section 4.06.05(J)(2) General Landscaping Requirements 2. Description of Violation:Required Landscape has fallen below Collier County approved standards. 3. Location/address where violation exists: 7599 Vanderbilt Beach Road Naples,Florida 4. Name and address of owner/person in charge of violation location: Corporation Service Company,Registered Agent for Fifth Third Bank 1201 Hays Street Tallahassee,Florida 32301-2525 5. Date violation first observed: 12-14-2006 6. Date owner/person in charge given Notice of Violation: 3-13-2007 7. Date on/by which violation to be corrected:4-19-2007 8. Date of re-inspection: 6-15-2007 9. Results of Re-inspection:Violation Remains 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 12th day of July,2007 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTYt OF COLLIER 2 day of ry u 2007 by S v �" 0� �aYre 1 Sworn to(or affirmed)and subscribed before this � , (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 2 . Case Number 2006120308 COLLIER COUNTY CODE ENFORCEMENT SC-415j 4,„ n NOTICE OF VIOLATION -er: Corporation Service Company Date: 03/12/07 Investigator Gary L.Grisko Phone: 239-659-5754 As Registered Agent for: Fifth Third Bank (Property Owner) Zoning Dist commercial Sec 34 Twp 48 Rng 26 Mailing: 1201 Hays Street Legal: Subdivision Mission Hills Shopping Block TR 9 Lot 1 ' Tallahassee,FL 32301-2525 Center Location: 7599 Vanderbilt Beach Rd. Folio 60204200523 OR Book 3756 Page 3285 Mission Hills Shopping Center Naples,FL Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) : Pursuant to Collier County Code Enforcement Board You are directed by this Notice to take the following (CEB) Ordinance No. 05-55 and 97-35,as amended,you are notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- Any dead or dying plants must be replaced and maintained described location. - per section 4.06.05(J)of 04-41 as amended. ®Ord No. 04-41 as au}mended Section 4.06.05(J)(2) fSupplemental attached ❑Ord No. Section EjOrd No. Section ']Ord No. Section COrd No. Section ON OR BEFORE: April 19, 2007 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 that may result in fines up to $500 and costs of VIOLATION(S). prosecution. OR Gary L. Grisko 2) Code Enforcement Board review that may result in Did Witness: fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. On 03/05/07 Observed portions of landscaping to be dead or dying. U.S- Postal Service,. CERTIFIED Mq,nsurRECEIP a Provided) Supplemental attached ra (Domestic Mail Only;No us s_com O Fordelivery i U SE nformation visit our website at www• p INQUIRIES AND COMMENTS SHOULD BE DIREUI hD TO CODE ENFORCEMENT INVESTIGATOR: Gary L.Grisko ..n Postage 2800 No.Horseshoe Dr.Naples,FL 34104 .n Certified Fee Postman( (239) 659-5754 Fax:(239)403-2343 —s Here S O Return Receipt Fee l7 7:1Res°trictr:eet:RegFutrIe:TH Investigator signature o PI O THIRD BANK CO R/A Ln CORPORATION SERVICE Total Po IA VIOLATION STATUS: Dc ru 1201 HAYSEErgFL 32301-2525 t o TALLAHAS °------ Initial ['Recurring ['Repeat -n C3 8iF-eei;n-Pf Case Nbr - 2006120308 or PO Box r ---; Ctiy siate,ar+4 PS Far See HReverse. ti for Instruco Farm.3800 3006 3 . L.)3r - i rlu;x o:. �viitu111 mastkr5YALsEgitiao Home I Hela ,••—• '+ t 7'--fi;w- f°' -a r a � °" r, ,° 'r an t.„ �:ut „S.hsr�z7';'a' �., f. ws. •e<.. ,E,..fit aY...v..t.x.e.:q,`��4 :a�.:�?��'i,r<<s, 5+.� ...ax.�'� ,�t�G{7; ��,3;-`.,�xb.K�x. .�,ra,m�2x .. .',dim..., Track&Confirm Track & Confirm Search Results Label/Receipt Number.7006 2150 0005 6165 0141 Status: Track& t ‘11.4r7 Enter LabeUReceipt Number. Your item was delivered at 9:40 am on March 22, 2007 in TALLAHASSEE, FL 32314.The item was signed for by K GLOVER.A proof of delivery record may be available through your local Post Office forafee. Additional information for this item is stored in files offline. &Moro Offline Details>) ® (Return to USP Homo °z IIIPOSTAL INSPECTORS site map contact us government services lobs National $ Premier Accounts Preserving the Trust Copyright©1999-2004 LISPS.All Rights Reserved.Terms of Use Privacy Policy /—\ http://trkcnfrrnl.smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 7/12/2007 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41,as amended 4.06.00 LANDSCAPING,BUFFERING,AND VEGETATION RETENTION 4.06.05 General Landscaping Requirements J. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy,uniform,natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices ANSI A300 " of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts,which might arise(i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease,pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to • secure compliance. These shall include,but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval,certificate of occupancy, or inspection by the county; d. Placing a lien on the property,to include all administrative,legal, material and installation costs. c7 • 3579583 OR: 3756 PG: 3285 RECORDED in OFFICIAL RECORDS of COLLIER COURT, FL 03/21/2005 at 01:11141 DWIGHT I. BROCI, CUM P—N-5 CONS 1600000.00 REC FEE 35.50 DOC-.70 11200.00 Retn: This instrument prepared by and return to: RUDEE BCCLOSIT IT AL PO BOI 14034 Howard S. Miller, Esquire(cxB) ST PETERSBURG FL 33733 9674 Ruden McClosky 150 Second Avenue North, 17'"Floor St Petersburg, FL 33733 Folio#: 60204200523 Space above this line for recorder's use only SPECIAL WARRANTY DEED THIS INDENTURE, is made as of the 17th day of March, 2005. Wherever used herein, the terms "GRANTOR"and"GRANTEE"shall include the heirs,personal representatives,successors andlor assigns of the respective parties hereto. RCO BETWEEN DESTIN PARTN , '•, - f • -• partnership("GRANTOR"),whose address is 5858 Central Avenue,St 17797 rg,Florida 33707, • *1 THIRD BANK,a Michigan banking corporation authorized to tra -M bu- ess in the State of F • ••= (" E"), whose address is 999 Vanderbilt Beach Road, Mail D • •,: aples;-Flerida-33401 ;12 Attention: President WITNESSETH, that - - • .1 r) -nd other good and valuable consideration,the receipt and s ., • - �. •ed,� -s granted,bargained and sold to the said GRANTEE forever, - ►- . = `• bein: • th= • my of Collier, State of Florida, described in Exhibit"A"attach e - �• -nd a .y �,reo, •�•- • all and singular the rights and appurtenances pertaining there uding any right,title - •• in - •ic.RANTOR in and to the adjacent streets, roads,alleys and righ•- • - the"Property"). This conveyance is subject tt --•lions set fo bit"B"attached hereto and made a part hereof;provided, however,re - - ►_ I _3 - 11•1•1, ff reimpose same. The Property shall be subject to the following use restriction: For so long as a fast-food business serving hamburgers as its primary purpose(i.e., sale of hamburgers constitutes more than 50%of sales)is operating on the real property legally described as Tract 2 of Mission Hills Shopping Center,according to the plat thereof,as recorded in Plat Book 41,Pages 26-29, Public Records of Collier County,Florida("Tract 2"), the Property shall not be used,or conveyed for use,as a fast-food business serving hamburgers as its primary purpose(as defined above). This restriction shall terminate if the occupant of Tract 2 fails to continuously operate a fast-food business serving hamburgers as its primary purpose for six(6)consecutive months after such occupant initially opens for business;provided,however,such occupant may fail to operate a fast-food business serving hamburgers as its primary purpose on Tract 2 for more than six(6)consecutive months and this restriction shall not terminate if such occupant's failure to operate such fast-food business is due to remodeling,alterations,condemnation,force majeure or casualty. THE PROPERTY IS NOT THE HOMESTEAD OF THE GRANTOR. And the GRANTOR does hereby specially warrant the title to said land,and will defend the same against the lawful claims of all persons claiming by,through or under said Grantor,but none other. 5TP:484942:1 • i OR: 3756 PG: 3286 IN WITNESS WHEREOF,the said GRANTOR has caused these presents to be signed the day and n year above written. Signed, sealed and delivered GRANTOR: in the presence of DESTIN PARTNERSHIP#4,LTD., a Florida limited partnership By Destin Retail, Inc.,a Florida corporation, its General Partner Print ■ -. --TI -i. tf • Joseph Filippelli - Iry President Print N- 4-: Judie K.G6nn STATE OF FLORIDA -S,} - Ct �' T ' COUNTY OF PINELLAS ,O -.c- , The foregoing instrumen -:y.' ''•;'•'TM •- 04; a th' ay of March,2005, by Joseph A. Filippelli, as President of De ;n -eta , n _it orida .. •• - n, s general partner of DESTIN PARTNERSHIP #4, LTD., a - ' , ,-i •= 4 • �•�• s entity, who is either(CHECK WHERE APPLICABLE) •- • : M • '_ Mil!. a drivers license as identification. I. I L. ,�-' =MY COM try pD066046 • • ; o • ,200 s N41;74117111 '=r IC 5 (Notarial Seal) eoraED Y , "` My • Expires: /D/2.//0c 2TE C. .- STP:484942:1 2 7. • OR: 3756 PG: 3287 EXHIBIT A /-"N LEGAL DESCRIPTION Tract 9 of Mission Hills Shopping Center, according to the plat thereof, as recorded in Plat Book 41, Pages 26-29, Public Records of Collier County, Florida. LESS AND EXCEPT the following potable water utility facilities to the extent currently located on the referenced property, which are to be conveyed to the Board of County Commissioners of Collier County, Florida (the `County') by Grantor. (i) a twelve inch (12`) PVC potable water main; (ii) two inch (2') water service tap;and(iii)a 24 inch x 12 inch tapping sleeve with one(1) 12 inch gate valve. IX CR O ,•-•■ CC nt E C STP:484942:1 3 e. __________ * OR: 3756 PG: 3288 *** EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes and assessments for the year 2005 and subsequent years, not yet due and payable. 2. Restrictions,dedications,conditions, reservations,easements and other matters shown on the plat of Mission Hills Shopping Center, as recorded in Plat Book 41, Page(s) 26-29, but deleting any covenant,condition or restriction indicating a preference,limitation or discrimination based on race, color,religion,sex,handicap,familial status or national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c). 3. Oil, gas and mineral reservations contained in Deed recorded in Deed Book 30, Page 91, Public Records of Collier County, Florida. 4. Oil, gas and mineral reservations contained in Deed recorded in Deed Book 34, Page 286, Public Records of Collier County, Florida. 5. Collier County Ordinances as recorded in O.R. Book 619, Page 1177; and O.R. Book 619, Page 1182;and O.R.Book 619,Page 1191;and Collier County Adequate Facilities Ordinance No.93-82, recorded in O.R. Book 1894, Page 11° j+ - • blic Records of Collier County, Florida. • 6. Terms and conditions of the •, •- • , ain - • - asement Agreement Regarding Loop Road recorded in O.R. •• * -, Page 751, Public R-•r • •f Collier County, Florida. 7. Terms and conditions • th- -J °,e, -ry --• •i•n and lo•- Easement Agreement between Richard D.Craig and F = • - A.Craig,`_ -•�. • and 'e, - • a -.'n Partnership#4,Ltd.,a Florida limited partnership, •:• , a • :• P •lic Records of Collier County, Florida. t. 8. Declaration of Easem:. • • - dud ••, provisions fora private charge or assessments, record- -•.R.Book 3573,P- • _� • •s of Collier County,Florida, but deleting any covenan • •ition or restriction i •�>_ 4 • -ti rence,limitation or discrimination based on race, color, rel• •• - handicap, familia -. • national origin to the extent such covenants,conditions or - • violate 42 USC • • 9. Declaration of Easements,Rights- .• h •i - ' ••• - is for Stor nwater Management Facilities and Conservation Area for Mission Hil s ••• g Center, which contains provisions for a private charge or assessments, recorded in O.R.Book 3573,Page 1624,Public Records of Collier County, Florida, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion,sex, handicap,familial status or national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c). 10. Grant of Cross Access Easement recorded in O.R.Book 3573,Page 1654,Public Records of Collier County, Florida. 11. Easement to Florida Power&Light Company,according to instrument recorded in O.R.Book 3676, Page 1314, Public Records of Collier County, Florida. 12. Shared Driveway Easement Agreement between Destin Partnership#4, Ltd., Fifth Third Bank,and Tri-Management Company, recorded in O.R. Book 3733, Page 2794, Public Records of Collier County, Florida. 5TP:484942:1 4 - - — - V ,. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-87 DEPT NO. 2006120308 Fifth Third Bank Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Fit,,l Qf e5clnef' , on behalf of himself or 513 jk CdRas 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 2006120308 dated the 13th 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $352.08 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 2004 AR 6250 to include the replacement of dead and dying required plant material in the property buffers and landscaped areas and fully operational irrigation within 30 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. mow' , i • ,7eA RespondeIT Mic = le Arnold, Director Code Enforc ment De artment I i 25/D1-1 10 o Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-87 DEPT NO. 2006120308 Fifth Third Bank Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ujL clner , on behalf of himself or .5)3 k CdRas 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 2006120308 dated the 13th 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $352.08 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 2004 AR 6250 to include the replacement of dead and dying required plant material in the property buffers and landscaped areas and fully operational irrigation within 30 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. tor Responden Mic= le Arnold, Director Code Enforc ment De artment o /25/ to o Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-87 vs. FIFTH THIRD BANK, Corporation Service Company,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 October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Fifth Third 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 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 7599 Vanderbilt Beach Road,Naples, Florida, Folio 60204200523 more particularly described as(see attached legal)was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)in the following particulars: Required landscape had fallen below Collier County approved standards. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(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$352.08 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 l day of Q( . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO ► , ORIDA BY: 111111111111111111�---.., Kenneth Kelly,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 si ay of O c b-( , 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. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail ifth Third Bank,Corporation Service Co.,Reg.Agent, 1201 Hays Street,Tallahassee,FL 32301 this 31 -1 of Or tbber,2007. • M.Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 :loamy of COWER 'y I HEREBY CERTIFY THAT this Is a true correct copy of a coy,, , : on file in Board Minutes n;.;i ' )f..Collier County vf_ESS my"ivitii seal i day of ��IiJC.I� DWIGHT E. BROGKK 'CLERK OF COURTS 0-tA-LA' 3e-S11;t0-41-- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-98 vs. JUDITH WAGES, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Judith Wages 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 telephonically,and by Attorney Paul P. Pacchiana. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 654 Palm Avenue,Goodland,Florida 34140, Folio 46421280007,more particularly described as Lot 3,Block D,Goodland Isles, 1st Addition,according to the Plat thereof,recorded in Plat Book 8, Page 102,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)(lxa), 10.02.06(BX1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 in the following particulars: Existing aluminum porch on this village residential(VR)zoned property that was altered from its original permitted state when it was repaired after being damaged by Hurricane Charley. Improvements made to the aluminum porch include wood framing,windows,and electrical,all without required building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 be corrected in the following manner: 1. By engaging the services of a general contractor licensed in Collier County to obtain all required Collier County Building Permits, Inspection,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 120 days(February 22,2008). 2. In the alternative,by engaging the services of a general contractor licensed in Collier County to obtain a demolition permit for the removal of all non-permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 120 days(February 22,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 22, 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 February 22,2008,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$291.66 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 1.:-j\51-- day of GC.T- ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA Itr•► BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ii s The foregoing instrument was acknowledged before me this 3lday of OCibber , 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. jEbls ;'..-•.,, KRISIINEHOLTON NOTARY PUBLIC 147 t MY COMMISSION#DO 686595 My commission expires: '1,0,0,V Bonded'Mrs Notary Public Undenv tern :Age Or M w t county of COWE # i HEREBY CERTIFY THAT this is a true W correct ccc y c.t r x� chord I+? In �� .L.:T County IpiESS fr,/ i this day of wo en\ 8'001 DWIGHT.E. BRO(.K, CtL .4 CF COURT M. a. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Judith Wages,34 Morgan Street,Candler,North Carolina 28715 and to Paul P.Pacchiana, Esq., 5425 Park Central Court, Naples, FL 34109 this �i.S-1—day of Q( ( +y,2007. M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-101 vs. AUTO VILLAGE OF NAPLES, Robert Hall, 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 October 25,2007,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 Auto Village of Naples 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 personal service and certified mail. 4. That the real property located at 15575 Old Tamiami Trail East,Naples, Florida 34110, Folio 00763640008 more particularly described as(see legal)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)and I0.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(I)(e)(i)and the Florida Building Code,2004 Edition,as amended by Ordinance No. 2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition, Section 105.1in the following particulars: Improvement 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, 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 violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(l)(e)(i)and the Florida Building Code,2004 Edition,as amended by Ordinance No. 2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition, Section 105.1 be corrected in the following manner: 1. Obtaining all required Collier County Building Permits, Inspections,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 60 days(December 24, 2007). 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections, and Certificate of Completion,or by removing all non-permitted improvements within 60 days(December 24,2007) 3. That if the Respondent does not comply with paragraph I of the Order of the Board by December 24, 2007,then there will be a fine of$400 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 24,2007,then there will be a fine of$400 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. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$533.30 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 �jar day ofUC.4- • ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: Kennet •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 X15 day of albbeY' , 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. KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 •,hdr„',•• Bonded Thru Notary Public Underwriters Pf� *dot*MAMA ;ounity of COLDER I HEREBY CERTIFY MAT ti!rs Is a true and correct copy of a oo . #I in Board Minutes and ;!lir County w�T�ESS !11% l';��i�: .,ot this day of ND�Crn►C ..V0"1 DWIGHT E. BROCK,CLERK OF COURTS ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. ScMail to Robert Hall,Reg. Agent,Auto Village of Naples, Inc., 155 Old Tamiami Trail,Naples,FL 34110 3i S day of OcAzo,k )eii,2007. 7;2 M.Jean R on, Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-101 DEPT NO. 2005050157 Auto Village Of Naples Robert Hall, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Holly Daye Hall, on behalf of herself as co owner of property and wife of registered agent, Robert Hall, also owner, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005050157 dated the 18 day of July, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i). Of Ordinance 2001-41, As Amended, The Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i). Also section 104.1 Of the Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 now referred to as Florida Building Code 2004 Edition Section 105.1 and are described as improvement of property without valid Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$533.30 incurred in the prosecution of this case. 2) Abate all violations by: G o Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and or Certificate of Completion for all non-permitted improvements on the property within y days .(96) of today's hearing or a fwcr hundred dollar._($-260) a day fine be imposed for each day any violation remains. F`a't. 967° 60 Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within- ety days (981'of today's hearing or a fine of -two hundred dollars ($200) will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in ors er to co=uct a final inspection to confirm abatement. i ` .!gi g espondent Michelle Arnold, Director Code Enforcement Department - 5' Date Date REV 2/23/07 3860757 OR: 4060 PG: 0689 RECORDED in OFFICIAL RECORDS of COLLIER COONT!, IL 06/22/2006 at 03:23PM DWIGHT I. HOCK, CLIII WARRANTY DEED DO -.70 III O 18.70 Retn: This Warranty Deed made the 1 rL day of di 04 K W HICHKAE 2006, by HOLLY DAYE HALL (also known as Holly Daye), PO BOI 111682 hereinafter called the Grantor, to ROBERT S. HALL as Trustee NAPLES FL 34108 of the Robert S.Hall Trust under Declaration dated May 5,2006 and to HOLLY DAYE HALL as Trustee of the Holly Daye Hall Trust under Declaration dated May 5, 2006, as tenants-in- common, each with an undivided one-half interest, whose post office address is 155 Old Tamiami Trail N, Naples, FL 34110, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The Trustees hereunder shall have full power and authority to deal in and with the property described herein, or any part or interest therein, and shall have full power and authority to protect, conserve, and to sell or to lease, or to encumber,or otherwise to manage and dispose of the real property described herein. WITNESSETH: That the Grantor, for ••. ._y -•. l s •f the sum of $10.00 and other valuable II considerations, receipt whereof is he .it •° g ' • ts, bargains, sells, aliens, remises, releases and transfers unto the Gra - a at certain land situ. -.n : her County,Florida,viz: All of Grantor's Interest • an' • A parcel of land being . p•r of i at ., i.- • •the st hal E 2)of the West half (W 1/2)of the East ha (E 40', x. -N1 • ► . cti• 18, Township 51 South, Range 27 East,Col ou y _ •- 'o the amiami Trail and being more articular) : :- •'II �. �-+ g P _ .. From the Northeast co ti r. Section 18,Townsh!. 51 '..tits, ge 27 East, Collier County, Florida, run N :4;I+•' 59" W for 657. -41' - .1. ,)1re section line to the Northeast corner of the ab •: cribed fraction of e , , ence S 0°30' 21"W along the east line thereof fo J ' feet for the Poi.- • ' • - inning. Thence N 89° 29' 39" W for 3 : • • t t1 tie 29' 24" W for 655.94 feet; thence S 89°29' 39"E for 328.23 feet; - • 11°30' 21"E for 655.95 feet,to the Point of Beginning. Said lands contain 4.94 acres,more or less. Together with and subject to a roadway easement over, along and across the East 30 feet of the aforesaid E 1/2 of the W 1/2 of the E 1/2 of the E 1/2, lying north of the Tamiami Trail, of said Section 18, Except North 968.59 feet thereof as measured along the East line of said fraction of Section 19. Grantor Warrants that Grantor has an undivided one-half (1/2) interest in the aforesaid property at the time of this conveyance. 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. Grantor hereby states that, at the time of delivery and recordation of this Warranty Deed, (a) neither Grantor nor anyone who might claim by,through or under Grantor has ever resided or intended to reside on the Property, (b) the Property was never the homestead property,as defined under Article X, Section 4 of the Florida Constitution, of the Grantor or of anyone who might be entitled to claim such homestead by, _ . -- -/9. *** OR: 4060 PG: 0690 *** through or under Grantor, (c) the Property is not contiguous to the homestead property of Grantor or of anyone who might be entitled to claim such homestead by, through or under Grantor, and (d)that Grantor maintains a principal place of residence at 155 Old Tamiami Trail N,Naples,FL 34110. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that 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 restrictions and easements common to the subdivision,outstanding oil,gas,and mineral interests of record, if any,and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals the day and year first above written. Signed,s-aled and Ieliv- -• in the presence of: �/ ., // ,L% - / I��r:f . [loess Signature Ho ly Ire H. • i*,v,,t,-a 7 N w A,r o✓MCI J. 07i% Typed Name • fitness Signature (--5 kie rajj l/-/("-1.122.2.c Typed Naane P STATE OF FLORIDA r �" COUNTY OF COLLIER • I HEREBY CERTIFY that on 4° .,0. before me, an offi6e 46.. ified to take acknowledgments, personally appeared Holly Day- who is • onallyagel• • to me or wt --predeeed- as identificat"•,.�•c ow .moo+1 , = me at she executed the same. WITNESS my hand and official seal i 11 I, I ill= tate I t afo id is / S day of q'v N e. ,2006. , (SEAL) Notary Public Typed Name: My Commission Number is: My Commission Expires: This instrument prepared by: Kenneth W.Richman,Esquire Florida Bar No.220711 P.O.Box 111682 ` �. :"'"�,., KENNETH W.RICIw.N,JR. Naples, Florida 34108 7 , MY COMMISSION 4 OD 526544 Telephone:(239)566-2185 y ->_ POW Pubic�t,,,,,.�,,,..Bondsd -4- // COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Saxon Manor Isles Apartments Limited Partnership., Respondent(s) Corporation Service Company (Registered Agent), CEB No. 2007-88 DEPT No. 2006050669 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-15 Deed 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-88 Dept. Case No. 2006050669 Plaintiff, vs. SAXON MANOR ISLES APARTMENTS LIMITED PARTNERSHIP, RESPONDENT CORPORATION SERVICE COMPANY, REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 6472 Radio Road SERVED: Saxon Manor Isles Apartments Limited Partnership, Respondent Corporation Service Company, Registered Agent Inv. Susan O'Farrell, 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: 9/10/2007 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.2007-88 vs. DEPT CASE NO. 2006050669 Corporate Service Company,Registered Agent for Saxon Manor Isles Apartments Lmtd Ptn. ,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended,Collier County Land Development Code: Section 4.06.05(J)(2)General Landscaping Requirements 2. Description of Violation:Required Landscape has fallen below Collier County approved Site Development Plan 95-22 standards. 3. Location/address where violation exists: 6472 Radio Road Naples,Florida 4. Name and address of owner/person in charge of violation location: Corporate Service Company, RA for Saxon Manor Isles Apartments Lmtd Ptn 1201 Hays Street Tallahassee,Florida 32301 5. Date violation first observed: 5-15-2006 6. Date owner/person in charge given Notice of Violation: 6-27-2006 7. Date on/by which violation to be corrected: 8-9-2006 8. Date of re-inspection: 6-14-2007 9. Results of Re-inspection:Violation Remains 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 P Q, , Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this I D day of -40 ,2007 by S.),Sq.". �- 7Cay '1/4J‘ (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ✓ or produced identification Type of identification produced 'MY PU Indira Rajah • : Commission# DD273349 •° Expires:Dec 07,2007 REV 3-3-05 f0`,': Bonded'Ilya Atlantic Bonding Co.,Inc. COLLIER CO UN l Y,JLUKWA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S) ,xon Manor Isles Apartments Limited Partnership You are directed by this Notice to take the following 3rporation Service Company corrective action(s) 1201 Hays Street 1. Obtain a copy of the Landscape plan included in the Tallahassee, Florida 32301-2525 Collier County approved Site Development Plan number 95-22. LOCATION OF VIOLATION(LEGAL AND ADDRESS) 2. Restore the landscape of the property to the Within Collier County Zoning District: standards set by the Site Development Plan with Sec 06 Twn 50 Rng 26 Subd attention paid to required landscape and native Blk Bldg 1 Lot Parcel vegetation areas. Of Collier County Record. Property ID: 00400880008 PUD Tract Unit SDP ON OR BEFORE: August 9,2006 OR Page : OR Page AKA(Address) 6472 Radio Rd Naples,Florida PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in, NOTICE Pursuant to Collier County Code Enforcement Board (1) Mandatory notice to appear or issuance of a (CEB) Ordinance No. 05-55 and 97-35, as amended,you are citation that may result in fines up to $500.00 and notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- costs of prosecution. described location. OR Ord No. 04-41 as amended Section 4.06.05(3)(2) �rd No. Section (2) Code Enforcement Board review that may result -d No. Section in fines up to $1000.00 per day per violation, as long as the violation remains, and costs of prosecution. PUD#s: Regulations: SERVED BY: Sections: ®Personal Service ['Certified Mail ['Posting of Property Dated: I, , HEREBY acknowledge DESCRIPTION OF CONDITIONS CONSTITUTING THE that I have received, read, and understand this notice of VIOLATION(S). violation. On May 15, 2006 I observed missing, failing, and deficient landscape that have brought the property below the Site Signature and Title of Recipient Development Plan standards. This is in violation of the Collier County Land Development Code Pmt INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Dated this 27 day of June 2006 ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 Reference case number: 2006050669 (239) 403-2488 Fax:(239)403-2343 Investigator signature VIOLATION STATUS: ®Initial ['Recurring ❑Repeat Notice of Violation Original to File Cony to Respondent Cony for Site Posting Cony for Official Posting Rev 8/03 ^1 • .' RY SENDER: COMPLETE THIS S CTlON COMPLETE THIS SECTION ON UFLIVE , • Complete items 1,2.and 3.Atst'cofnplete 'r ;'.;Agent item 4 if Restricted Delivery•desin3d. ,►, , A , ❑jgdressee • Print your name and address on the reverse - r C.Da._'p#Dr' ee so that we can return the card to you. ed by(Primed ` ' ay ■ Attach this card to the back of the mailpiece, t �QN ® . , . or on the front if space permits. D. Is delivery address different friim item 1? 0 Yes �. if YES,enter delivery address below: • . ,. Article addressed 0 SAXON MANOR ISLES APARTMENTS LIMITED NOS, PARTNERSHIP s•. !°_ CORPORATION SERVICE COMPANY - 1201 HAYS STREET t Mail 0 T SEE, FL 323301--2525 Express Mail Q b 6 0 s 0 4,4 i 0 Registered 0 Return Receipt for Merchandise r,..., 1.71-.., - -)nnan nano . 0 Insured Pal 0C.O.D.• 4. Restricted Delivery?(Extra Fee) 0 Yes 7005 1160 0004 3014 1528 A64 �(, '� , (A 1:, PS Form 3811,February 2004 Domestic Return Receipt 102595-024A-1540 • SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.04 D.1. 4.06.05 B.2. d. Are not properly protected from damage during the construction process,as provided in section 4.06.05 C.10.; e. Are prohibited species identified in section 4.06.05 C.8.; f. Are dead, dying, diseased, or infested with harmful insects; g. Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential,commercial or industrial use(unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or h. Are not located within the boundaries of the parcel. (Ord. No. 04-54, §4; Ord. No. 04-72, § 3.P) 4.06.05 General Landscaping Requirements A. Landscaping requirements for residential development Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling unit, shall include, at a minimum,the number of trees set forth below.Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E.1. Trees shall meet the requirements of section 4.06.05 C.2. Existing residential development that does not meet the minimum landscaping requirements of this Code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 1. Residential developments. One canopy tree per 3,000 square feet of pervious open space per lot. Lakes and wet detention areas shall not be counted towards this requirement. The maximum number required: 15 trees per lot. a. Where a single family development has a street tree program and lots of less than 3,000 square feet of pervious open space,street trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and Right-of-Way permits, if required shall be obtained from the County Manager or his designee. 2. Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. B. Landscaping requirements for industrial and commercial development. 1. Industrial and commercial developments.One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. 2. Communication towers.An eight-foot high, 100 percent architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall.The hedge requirement must also be planted around Supp.No.1 LDC4:109 5. COLLIER COUNTY LAND DEVELOPMENT CODE 4.06.05 B.2. 4.06.05 B.S. any ground level guy anchors.The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25 feet on center and a three-foot high hedge planted three-feet on center. a. If native vegetation is present within the parcel,a minimum 20 foot wide buffer strip must be preserved and used toward meeting the tree and hedge planting require- ment. b. If native vegetation is present, but not dense enough to meet the equivalent of the tree and hedge requirements,it must be supplemented with plantings to meet the tree and hedge requirements. c. On sites where no native vegetation is present, a 15 foot wide landscape buffer with minimum code size trees located 25 feet on center and a three foot high hedge planted three feet on center must be planted. At the discretion of the county landscape architect,some or all of these landscape buffering requirements may be displaced to a right-of-way landscape buffer located within the parcel when it better serves the public interest of screening the communication tower. 3. Littoral shelf planting area (LSPA).All developments that create lake areas shall provide a littoral shelf planting area in accordance with section 3.05.10. 4. Building foundation planting areas.All shopping center, retail, office, apartments, condo- , miniums, clubhouses and similar uses must provide building foundation planting in the amount of ten percent of proposed building ground level floor area. These planting areas must be located adjacent to the primary public building entrance(s) and/or primary street elevation. Planting areas must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as required by section 4.06.05 B.S. below.These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking lot islands will not count towards this requirement. 5. Building foundation planting requirements for buildings 35 feet or more in height; and/or section 5.05.08 buildings with a footprint greater than 20,000 square feet and/or parking garage structures. a. The minimum width of building foundation planting areas must be measured from the base of the building and must relate to the adjacent building's wall height as herein defined as follows: Adjacent building's wall height: Foundation Planting Width (contiguous around perime- ter of building excluding points of ingress and egress): Building height wall less than 35 feet 10 feet Building wall height between 35 feet and 50 feet 15 feet Building wall height greater than 50 feet 20 feet Supp.No. 1 LDC4:110 SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 B.S. 4.06.05 C.2. b. Sites located adjacent to a permanent water body such as a canal, lake, bay or gulf may incorporate the required landscape buffer width into the building perimeter landscape buffer width. c. Trees required by this section must be of an installed size relating to the adjacent building's wall height, as defined below: Building's Minimum Minimum Tree Minimum Wall Tree Tree Container Palm Height Height Canopy Size Height (feet) (feet) Spread;c(feet) (gallons) (feet) 35 to 50 14 to 16 7 45 16 Greater than 50 16 to 18 8 65 20 C. Plant Material Standards. 1. Quality.Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. °Native Trees and Shrubs for Collier County List° is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands, all required landscaping shall be 100 percent native Southern Floridian species. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native determination may include, but not be limited to:. Long, R.W., and O. Lakela, 1976.A Flora of Tropical Florida. Small, J.K., 1933.A Manual of the Southeastern Flora. Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 2. Trees and palms.All required new individual trees,shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s)which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood.Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. Supp.No.1 LDC4:111 COLLIER COUNTY LAND DEVELOPMENT CODE 4.06.05 C.2. 4.06.05 C.7. For code-required trees,the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1314-inch caliper (at 12 inches above the ground) and a four-foot spread. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30%of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-of-way landscape buffer. Palms must have a minimum of ten feet of clear trunk at planting. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. 3. Tree species mix. When more than ten trees are required to be planted to meet the requirements of this Code, a mix of species shall be provided.The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted are indicated below. Required Number of Trees Minimum Number of Species 11-20 2 21-30 3 31-40 4 41+ 5 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02 C.1.except where street visibility is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and/or screened. Hedges, where required,shall be maintained so as to form a continuous, unbroken,solid visual screen within a minimum of one year after time of planting. 5. Ground covers. Ground cover shall be installed in a manner which presents a finished appearance and complete coverage.Stone, gravel, or any artificial ground cover shall not be utilized for more than 20 percent of the landscaped area. Use of native ground covers is encouraged. 6. Organic mulch requirements. A two-inch minimum layer after watering-in of organic mulch shall be placed and maintained around all newly installed trees, shrubs, and ground cover plantings. Each tree shall have a ring of organic mulch no less than 12 inches beyond its trunk in all directions. No more than 25 percent by volume of the mulch used on a site may be cypress mulch. 7. Lawn grass.Grassed areas shall be planted with species normally grown in permanent lawns common to the Collier County area. Grassed areas may be sodded, plugged, sprigged, or seeded provided solid sod shall be used in swales or other areas subject to erosion and provided further, in areas where other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate ground coverage until permanent coverage is achieved.The use -� of drought-tolerant species is advised. Supp.No. 1 LDC4:112 SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 C.B. 4.06.05 0.12. 8. Site-specific plant material.Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits.The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. Have noninvasive growth habits. c. Encourage low maintenance. d. Be otherwise consistent with the intent of this division. 9. Non code trees. The following plant species may be planted but shall not count towards required code trees: a. Eucalyptus spp. (eucalyptus). b. Grevillea robusta (silk oak). 10. Control species. The following plant species shall not be planted within 500 feet of conservation easements and retained natural vegetation areas: a. Broussonetia papyrifera (paper mulberry). b. Wedelia trilobata (wedelia). 11. Reserved. 12. Plants used for Mitigation according to the procedures set out in Chapters 4 and 10. a. All plants used for mitigation shall be native Florida species. b. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2).All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to:(1)health and vitality,(2)condition of foliage,(3)root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport.Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. c. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. d. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type.The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. Supp.No.1 LDC4:113 V ` COLLIER COUNTY LAND DEVELOPMENT CODE 4.06.05 C.12. 4.06.05 E.1. e. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. f. A program to control prohibited exotic vegetation in the mitigation area shall be required. D. Existing Plant Communities. Existing plant communities and ecosystems shall be maintained in a natural state and shall not be required to be irrigated. Native plant areas that are supplements to an existing plant community or newly installed by the applicant shall be irrigated on a temporary basis only during the period of establishment from a temporary irrigation system, water truck, or by hand watering with a hose. 1. Existing plant material. In meeting the requirements of landscaping, the planning services director may permit the use of healthy native plant material existing on-site. In so doing,the planning services director may adjust the application of the standards of these regulations to allow credit for such existing plant material, provided, he may not permit the reduction of required percentages of a landscaped area or reduction in numbers of trees or shrubs required, unless otherwise allowed pursuant to section 4.06.05 E. Removal of vegetation is subject to the vegetation removal, protection, and preservation section (contained in this section). 2. All new development shall retain existing native vegetation to the maximum extent possible. Existing native vegetation shall be retained unless stormwater management design,necessary grade changes, required infrastructure or approved construction footprints necessitate its removal.The need to remove existing vegetation shall be demonstrated by the applicant as a part of the site/construction plan review process.Areas of retained vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed provided that prohibited exotic plant materials as defined herein are to be removed. 3. During construction, all reasonable steps necessary to prevent the destruction or damaging of existing vegetation shall be taken. No excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any vegetation that is required to be preserved, or that will be credited towards the required landscaping. 4. Protective barriers shall be installed and maintained beyond the dripline of all retained vegetation unless site improvements prohibit installation of barriers beyond the dripline, and shall remain in place for the duration of the construction process phase. E. Prohibited Plant Materials. 1. Prohibited species.The following plant species shall not be planted: a. Enterolobium cyclocarpum (ear tree). b. Melia azedarach (Chinaberry tree). � 1 c. Bischofia javanica (bishopwood). d. Scaevola frutescens (Australian inkberry). Supp.No. 1 LDC4:114 /0. SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 E.1. 4.06.05 G.2. e. Dalbergia sissoo (Indian rosewood). f. Sapium sebiferum (Chinese tallow tree). g. Ardisia elliptica (shoe button ardisia). h. Ficus microcarpa/Ficus nitida (laurel fig/Cuban laurel). This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public welfare. 2. Prohibited exotic species. In addition to the prohibitions outlined in section 4.06.05 E. above, the species enumerated in section 3.05.08 or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. 3. Prohibited exotic plants. All prohibited exotic plants, as defined in this Chapter as well as Chapter 3, shall be removed during each phase of construction from development areas, open space areas, and preserve areas pursuant to this Chapter as well as Chapter 3. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by prohibited exotic species.This plan shall describe control techniques and inspection intervals, shall be filed with, and be approved by, the development services director prior to approval of the improvement plans and final subdivision plat. Flexibility, in the form of area tradeoffs or mitigation, may be allowed in the determination of areas within developments to be preserved. 4. Native habitats. developments shall identify, protect, conserve, incorporate and use native vegetative communities pursuant to Chapter 3 and identify, protect and conserve wildlife habitat. F. Requirements to remove prohibited plant materials. For these requirements, see section 3.05.08 of this Code. G. Installation and selection requirements for plant materials 1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under Chapter 10 of the Code.All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting.A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks, buildings, circulation,etc.).Trees shall not be placed where they interfere with site drainage,subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and buildings. Small canopy trees shall be planted in small spaces having limited canopy space and root space.Large canopy trees such as Live Oak trees shall be planted a minimum of 15 feet from a building. Large canopy trees that are planted closer than 15' to a building or within 10' of a sidewalk, paved area or underground utility shall Supp.No. i LDC4:115 COLLIER COUNTY LAND DEVELOPMENT CODE 4.06.05 G.2. 4.06.05 G.5. provide root barrier,structural soils or other acceptable method of protection extending within - n 20 feet of such building, sidewalk, paved area or underground utility. Tree and parking lot/pole lighting locations shall be designed so as not to conflict with one another. Parking lot/pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree. (See Figure X below). 06 le V0,4. \ \ \ , ,,,. „. \ itk, \ \ \ \ \ \ \ , \ \ \ \ \ N It:1 \ V); -\- \ ,), \-\;,,, - ik '<:\VC<V\:- \C, \<: \A \ \ \ --c \e,:" \- le _ _ DO this a / i / 4/ fr , in Fr r� / f �' f f at ., /If V-•1 / 1 • I / / / Site Light P le ( ) 14" \41",--es-e\Ae,(,e,s, \ 41%,\.-\<--: .,, ,, \-: tir" 'i. 44 \ *'S 1 \ \ sok i � E i f i FF j i / i 1 / f 1006 ,y(..^t'VC/S.,. ',A,C, An.417. l's• ,r,,..,''sti4,1 * 74 ' f /// , n /// er ////// / ' Ili . COMPATIBLE TREE AND LIGHTING DESIGN Figure-X 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species.Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. n 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a subdivision development shall be guaranteed by a subdivision completion bond in accordance with Chapter 10 governing the final platting of --'� subdivision. Supp.No. 1 LDC4:116 SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 G.6. 4.06.05 1.1. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the applicant have prevented immediate installation, the County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. H. Location requirements for plant materials. 1. Signage located within/adjacent to landscape buffer area.All trees and shrubs located within landscape buffer shall be located so as not to block the view of signage as shown in Figure 4.06.05 H. below, Signage adjacent to landscape buffer. Sign locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided as required by section 5.06.01. Where specimen trees exist, the signage setback location may be administratively reduced per the requirements of section 5.06.00 of this Code required plantings shall progress in height away from the street. . � 0• • of 's'-is ' f n try 4 rA r rzi rz 10-15' Landscape - fit+'+: Landscape • 44/Xf•fr Shrub and • Ground Cove Sign r, Area '� 'y . , �� . p. ;rig A • • Acceas*OY +� i Figure 4.06.05 H. - Signage adjacent to landscape buffer 1. Standards for landscape berms.All perimeter landscape berms over two feet in height shall meet or exceed the minimum standards as set forth herein. All grassed berms shall have side slopes no greater than four to one. Berms planted with ground cover and landscaping shall have side slopes no greater than three to one.The toe of the slope shall be set back a minimum of five feet from the edge of all right-of-way and property lines. Existing native vegetation shall be incorporated into the berms with all slopes fully stabilized and landscaped with trees,shrubs,and ground cover.Landscape berms shall not be placed within easements without written approval from all entities claiming an interest under said easement. 1. Landscape berms located adjacent to Interstate 75 right-of-way (1-75). Berms located adjacent to the 1-75 right-of-way may be reduced to a maximum slope of 2:1. Such berms Supp.No. 1 LDC4:117 /3 COLLIER COUNTY LAND DEVELOPMENT CODE 4.06.05 1.1. 4.06.05 K.1. shall be planted with native ground cover over an erosion control fabric, and native trees placed at 25 feet on center, equal in height to the height of the berm and located within a minimum ten-foot wide level planting area. J. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 ' of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner.A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance.The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation.All landscapes shall be kept free of refuse,debris,disease, pests,and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition.Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforce- ment will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed,the county may use any available means of enforcement to secure compliance.These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. K. Irrigation system requirements. 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering"high water"requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufac- Supp.No. 1 LDC4:118 /�( SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 K.1. 4.07.01 B.1. turer.These requirements may be adjusted for retention areas.The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks,walls, and other site improvements.All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall super- sede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential,commercial,and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. (Ord. No. 04-72, § 3.Q) 4.06.06 Special Buffer Requirements For The TTRVC Zoning District A. Required buffers. Visual screens are required in the following areas: 1. TTRVC parks fronting on a highway shall provide and maintain a clear area not less than 20 feet in width alongside and parallel to the highway.There shall be an additional landscaped area of five feet inside the entire length of the clear area.The landscape plan for this area will be determined at time of submission of a site development plan pursuant to Chapter 10.The entire clear area and landscape area may be combined to achieve a visual screen between the public road and the TTRVC park. 2. TTRVC parks abutting lands zoned other than for such parks shall be screened from such land by a buffer strip at least 15 feet wide, in which ornamental screening composed of structural or plant material shall be placed. Such screen shall be maintained at all times and constructed in accordance with the landscape provisions of section 4.06.00. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control A. All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the applicant, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. B. The applicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that if he proceeds with the proposed development, he will: 1. Notify the County Manager or his designee in writing of any change in ownership, control and/or name of the development. Supp. No. 1 LDC4:119 /v. D001.LYV't -1 a6C, iou.' t u5,, i vi t • . - lulu*it riAlli$ IAN*,-51111 ,. ` • •, i t iivlaateszc 4111i'lfkl i or ,.. {: � - r• `'33Oe�assaarl ay,alert ' 4101.50 _ 41 7 7F ' , t d- l7 . l' L , 7l *Axima t aae hr : F f = • S liiac sA es?aiodPaea k,aHondaDowdPaba ldp , .i:: , tear�aarderarise3pelorea . '. armilmiliww,Apjoireihwjed, 1hrirr aPLMW it ,-. : m,.i ad�eOerole,bloscpostoBiee!Meii ,, `'' 1 ilo'ipitS.n Lane, ga ples,PL 34102 {Wwed ireterm" ': loom. i1fepeel la die es�ec obi the kink!bpi 'loiegiallitgekliAlsiget wriel+ ,w the eod ed`+ tier a .I . 7;:.1P1r';�'kb rib are.fir, lar;aa:d it oebtli erboe et tie ,mss at$111,1* eed*ether *Nimide . .eist fysibitbeiia>o i jobbe,411thettieteht kit eihMbda ells r caeay. ,, (Fe •., iii let crawl C in hew of 8'tilU►i�iP:1RPCA rum 34th 4 NEVADA� . f'•` ti• 1't tetiolod ee At Ba&MN,Pis 3b%.Pala Reask c(O 1 sr gaiety?Plaei3S,is kola!** .iwbAOf , . 11 wits an'do L _-t- irserbiraee'aied appieteembes theimea 6cieopi g et is itywie , _ C • • . . .,•ti •ii grwitir ien*eoaariae wails esi1 gamin le piano,it ba ;i Ind. of aid lead is la: ' :.•lb/ :det the ineerie *aid hawmi aeieaeiairte sit aadoae icedteu!tektite ii athy- filet iiii ii ie Ws to;ilia hod lot+i lldelaeditlir earoNib rt lehwlhltdotis'ataHl.eoee viesaemac. • ail• '. Set ail Lid ie ik,of aY'eecwibetooea, i sehe.0111d 4• 34 1697,ad • .• . -iiiratrtt; ieboesoodie er aafz iedbeette s eeioat ndiolieaembootf#6esebi'eeideL , http://www.collierappraiser.com/viewer/Image.asp?ImageID=234723 6/29/2007 /6 1.)UUa .1u t -1 0.61., J.46V L Vl T7 41C. 2038612 OR: 2164 PG. 02 Return to: SST TXTLR OMEASTAIS COMPANY of FLOR1'Dll RICODIO in OfFICFDL MOODS oi. COLi,I3R COGR? 3936 H. Tsmiami Trail, Suite A O3i3/56 At D4:0=P8 DUNE?? I. BRDCI, CLLRt Maples, FL 33940 CONS 604 (941)262-2163 Ile 111E DOC-.7B 4 Rata: NIDIIST TITLE ME I! $ 600,000.00 cons. $ /.oO — .-e reds. 4,200.00 st.s. WARRANTY MAD TEES WARRANTY DEED made the GOT! day of fJC lr.. ,, A.D. 11-24, by duncoast Corp., a Delaware Corporation having its principal place of business at Wilntistgton, Delaware hereinafter called the grantor. to Saxon Manor Isles Apartments T-imited Partnership, a Florida Limited Partnership hereinafter called the grantee, whose post office address is: 4983 Southridge Park Dr., St. Louise MO 63129 (Wherever used herein the terms ',grantor" and "grantee,' include all the parties to tb. instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) wronenRTSs That the grantor, for and in consideration of the sum of $10.00 and of valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, barge: sells, aliens, remises, releases, conveys and confirms unto the grantee, all that cars land situate in Collier County, Florida, viz: (Folio #:00400840006 A 004008800( see Exhibit "1i." attached hereto and made a part hereof. TOOS2EaR with all the tenements, hereditamenta and appurtenances thereto belonging in anywise appertaining. TO SAVE 11144 TO MOLD, 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 authorit to sell and convey said land; that the grantor hereby fully warrants the title to salt land and will defend the same against the lawful claims of all persons whomsoever; ani that said land is free of all encumbrances except taxes accruing subsequent to December 31, 1995, and easements, restrictions and reservations of record, and easements and restrictions common to the subdivision. • http://www.collierappraiser.com/viewer/Image.asp?ImageID=161677 6/29/2007 77 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-88 DEPT NO. 2006050669 Saxon Manor Isles Apartments Ltd. Ptn. Respondent(s), STIPULATION/AGREEMENT rt.o COMES NOW, the undersigned , on behalf of himself or SUS' (4'Z ,10 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 2006050669 dated the 27th day of June, 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $459.74 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days of this hearing or a daily penalty of$100.00 will be imposed as long as violation persists. The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve, the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas, and the restoration of the Littoral Shelf Planting Area. 2. Submit a Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. f , _ 1' A. A r krv‘fie,0- "espondent Michelle •mold, Director Code Enf ceme Department 1 0 0 I /0 Q-4 -7 Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-88 vs. SAXON MANOR ISLES APARTMENTS,LIMITED PARTNERSHIP. Corporation Service Company,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 October 25,2007 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 Saxon Manor Isles Apartments,Limited Partnership 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 6472 Radio Road,Naples,Florida,Folio 00400880008 more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)in the following particulars: Required landscape has fallen below Collier County approved standards. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)be corrected in the following manner: 1. By restoring the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days(January 23,2008).The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve,the replacement of all dead,failing,or missing required landscape material in the property buffers and landscape areas,and the restoration of the Littoral Shelf Planting Area. 2. By submitting a Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity within 30 days (November 24,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 23, 2008,then there will be a fine of$100 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$459.74 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ST t �� day of a • ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) � The foregoing instrument was acknowledged before me this 3 i day of ()C-fob , 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ,,,,,y!,,, KRISTINE HIOLTON ;., My COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: -, i • Baded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Saxon Manor Isles Apartments,Ltd.Ptn.,Corporation Service Co.,Reg.Agent, 1201 Hays Street,Tallahassee,FL 32301 this I--ST—day of(')C 4 k)-e)!2007. 'OLIilty of COLLIER M.Jean R son,Esq. Florida Bar No. 750311 1 HEREBY CERTIFY THAT this IS a true MI Attorney for the Code Enforcement Board correct copy of a "r 400 Fifth Avenue S.,Ste.300 Board Mir ;?a < '.= ` rlli,;r CUUnty Naples,Florida 34102 c o� 3sal this (239)263-8206 clay ofeYYlrl )WIGHT E. BROGK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-88 DEPT NO. 2006050669 Saxon Manor Isles Apartments Ltd. Ptn. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 'Mg .q‘&101,11,'on behalf of himself or ZSA!$'' 414-I L 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 2006050669 dated the 27th day of June, 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $459.74 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days of this hearing or a daily penalty of$100.00 will be imposed as long as violation persists. The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve, the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas, and the restoration of the Littoral Shelf Planting Area. 2. Submit a Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity4J fl,in 30 dt145. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 9 , l. A �. OM&v`.11 k!r .iC/Y 'respondent Michelle mold, Director Code Enf ceme Department d g\-I a /0 �-¢ Date Date REV 2/23/07 1 • .230 It: 24011 it :1W :* 4 .d.0601111111.' : . a 0 L a • v t ' �;_ t . . . ` 4 .I Ii1 Ihwer' ` CO MYOr taste . . ?yy ill ems:-- ... awao as , t Y' ' ""FI 1101-60 • P .. •'irr:iiiiiiiiiktABAresio timed PalsaiaQs tiabod "dr, , " fP i..1, r y tiesi liziadM libasa nyee ' .,�• - : viii rs�etfieprrle vslosrpadte(Ifoea i t. i".r 1 1,Dolphin Lane, Naples,FL 34102 0 iiiiisrosud�• in tanilisione..gid"sole%ireidisiiep diet• bfitkenino ataAdiekinki[p1 • m der.padsr, ie;asst if1 at d+e asea Rikori Sl@.IG toast saint ile L. t 1 .. iNd ad�eele9btCbliar ►. .t •'• ia ep s dnar.takS fAA nouns Pump 34i;A NEVADA L�i• .•: .. It ae� pe i d of lsi5r 0.11%eeq P1.16 ie ieapd' • '; tl isarded e Cs&Kik ,pie 349,. el r • rah all do saeaa m iea, •and ip�ia armea jam_ p balapia sat is • . • • , t ' • •ti Alas- As—phsiar, liaNAlr lraiiei&it k sadd V Van GP die ii i il4, od Ft aeld bad is Ow :: die t s b aaiaailrle salt ad efaear' id7ak:Mtie I aebr. 3s fie sii si iwdlwd sie�r l tea die aMee:prart d:1wld ais•daR peaoee.rie.eeea . aiid.iiit gait kid 11.• at,ll`kin i mal.MKS tegae awe 1m5 aiiVee�sert fei P1r_ ar 31, 1997,aid s.::rrr rridarrmdma eaeafiiiooe�:a4aeesaele eeewstiersao�err�eata.ic rebiiriaa 6/29/2007 � http://ww.collierappraiser.com/viewer/Image.asp?ImageID=234723 �' w Return to: 2038612 OR: 2164 PG: 02 laws= =LW atuagasza COMPANY of FLORIDA UCOI3ID in OFFICIAL MORN Di Mint MGM 3936 N. Tsmiami Trail, Suite A 03123196 at 04:0911 Pi108? I. 3*042, MIL Naples, FL 33940 (941)262-2163 COME ON frf Leta: �-.'B 4 813813T TITL! FICI Tit $ 600,000.00 cons. $ fS;OO a rcdg. $ 4,200.00 6t.s. • y =SD TEIB WARRANTY DEan made the day of A.0_ 1s-! 47. by Suncoast Corp., a Delaware Corporation having its principal place of business at Wilmington. Delaware hereinafter called the grantor, to • saaon Manor Isles Apartments Limited Partnership, a Florida Limited Partnership hereinafter called the grantee, whose post office address is: 4983 Southridge Park Dr., St. Louis, MO 63129 (Wherever used herein the terms "granter" and 'grantee` include all the parties to tin instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) • Ai"fas That the grantor, for and in consideration of the sum of $10.00 and of valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bang*a sells, aliens, remises, releases, conveys and confirms unto the grantee, all that owl land situate in Collier County, Florida, viz: (Folio $:00400240006 A 00400$600* See Exhibit "A., attached hereto and made a part hereof. T0w5R with all the tenements, hereditaments and appurtenances thereto belonging in anywise appertaining. TO SAVE AND TO Rota. the mama 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 authoril to sell and convey said land; that the grantor hereby fully warrants the title to aaic land and will defend the same against the lawful claims of all persons whomsoever; anc that said land is tree of all encumbrances except taxes accruing subsequent to December 31, 1995, and easements, restrictions and reservations of record, and easements and restrictions common to the subdivision. • http://www.collierappraiser.com/viewer/Image.asp?ImageID=161677 6/29/2007 �7 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Heron Park Partners, LTD B & C Corporate Services of Central Florida, Inc., David C. Brown, Respondent(s) CEB No. 2007-89 DEPT No. 2006060034 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-9 Deed 10-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-89 Dept. Case No. 2006060034 Plaintiff, vs. HERON PARK PARTNERS, LTD C/O B&C CORPORATE SERVICES OF CENTRAL FLORIDA, INC, DAVID C. BROWN, 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: October 25, 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: Heron Park 2155 Great Blue Drive SERVED: Heron Park Partners, LTD c/o B&C Corporate Services of Central Florida, Inc, David C. Brown, Respondent Inv. Susan O'Farrell, 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 4 - Mailed:(239) 03 9/12343 0/2007 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-89 vs. DEPT CASE NO. 2006060034 Heron Park Partners Ltd. B and C Corporate Services of Central Florida,Inc STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 04-41, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance 04-41 as amended Collier County Land Development Code: section(s) 3.05.07(A-D)(H)Preservation Standards 2. Description of Violation:Preserve does not have required Preserve Management Plan and is overgrown with prohibited exotic vegetation. 3. Location/address where violation exists:Heron Park 2155 Great Blue Drive,Naples,Florida 4. Name and address of owner/person in charge of violation location:B and C Corporate Services of Central Florida,Inc Douglas Starcher,Registered Agent 390 North Orange Ave. Suite 1400 Orlando Florida 32801 5. Date violation first observed: 6-29-2006 6. Date owner/person in charge given Notice of Violation: 12-28-2006 7. Date on/by which violation to be corrected: 1-31-2007 8. Date of re-inspection: 5-9-2007 9. Results of Re-inspection:Violation Remains 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 June,2007 O C.__ Y i--------- Susan O'Farrell YOUSI CARDESO Code Enforcement Investigator Notary Public,State of Florida My comm.expires May 05,2007 No.DD574959 STATE OF FLORIDA Bonded thru Ashton Agency,Inc.(800)451-4854 COUNTY OF COLLIER Sworn to or affirmed)and subscribed before this 10th day of June,2007 by Susan O'Farrell. illed iiM:i1- Y IW 110 QS., (2 r LJo iii ature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced REV 3-3-05 2 . COLLIER CAJUN I Y,rLUKJUA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S) : ,-1/4Ieron Park Partners, LTD do You are directed by this Notice to take the following , and C Corporate Services of Central Florida, Inc corrective action(s) David C. Brown 390 North Orange Ave. suite 1100 1. Submit a Preserve Management Plan to be Collier Orlando, Florida 32801 County approved as outlined in 3.05.07(H)(g). 2. Remove all exotics from the Preserve area LOCATION OF VIOLATION(LEGAL AND ADDRESS) following the standards set forth in 3.05.07 Within Collier County Zoning District: (H)(g)(ii)in perpetuity. Sec 12 Twn 50 Rng 25 Subd Blk Lot 103 Parcel ON OR BEFORE: January 31,2007 Of Collier County Record. Property ID: 00389880006 PUD Tract Unit SDP OR 2267 Page 32 : OR Page PENALTIES MAY BE IMPOSED: AKA(Address) Heron Park 2155 Great Blue Drive Naples,Florida Failure to correct the violations on or before the date specified above will result in, NOTICE (1) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No. 05-55 and 97-35, as amended,you are costs of prosecution. notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- OR described location. Ord No. 04-41 as amended Section 3.05.07(A-D)(H) (2) Code Enforcement Board review that may result )rd No. Section in fines up to $1000.00 per day per violation, as long Ord No. Section as the violation remains, and costs of prosecution. PUD#s: Regulations: SERVED BY: ['Personal Service EICertified Mail ['Posting of Property Sections: Dated: I, , HEREBY acknowledge that I have received, read, and understand this notice of DESCRIPTION OF CONDITIONS CONSTITUTING THE violation. VIOLATION(S). Signature and Title of Recipient Observed County approved Preserve within Heron Park Development containing a wide variety of prohibited plant species to include, but not restricted to, Brazilian Pepper, Air Print Potato, Malaleuca, and Bischofia. There does not appear to be Dated this 28 day of December 2006 a Preserve Management Plan in place. This is a violation of the Collier County Land Development Code. Reference case number: 2006060034 INQUIRIES AND COMMENTS SHOULD BE DIREC1'bD TO CODE ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2488 Fax:(239)403-2343 Investigator signature 3P VIOLATION STATUS: ®Initial ❑Recurring ['Repeat Not-lee of Violation C)rivinal to File (`.nnv to Recnontlent Conv for Site Poctine Cony for official Poctinv Rev R/01 3 \ � / \ --. \ sr to i g- 2 g § ■1:„� O ❑ 2 O }. \ Z • i11 \ � ./ . � . R §\ } / 2 o C \® ❑OOH ! k ii\ £\ 7 % ? § 2 $ o(, ._ ) w § o cc _ . ` `to 7 cc a [ 0 m000Er 1 • \\\ 4 x § § CI 6 - \0 E TO .q % 7 � }q 8 a /- \,-\ ocooE ° ' ° m0o 4 � : U) w ( o 2D ao �< cau �� ° 13 4g m ��•ii) \ AI -6k H > 4 � Q � 0 � §rn2£2 § 2 \ § \ § - q « -0 Eae aG @ � 5 ' oE § � Ix _a $ / � 2 ft 2 § ° O6 }R u \ x § 222 7 zo § o \ .� „ \ •j � kf�& k ® / \ a \ a# tee= / mnoo C) EE2� @ § ' § 2 A2I82o \ kg $ • • • w . RESOURCE PROTECTION 3.05.07 F. The County Manager or designee may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.05.05 and conforms to the preservation standards in section 3.05.07 below. 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. The preservation of native vegetation shall include canopy, under-story and ground • cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority,except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Onsite wetlands having an assessed functionality of 0.65 or greater; b. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; c. Any upland habitat that serves as a buffer to a wetland area, d. Listed plant and animal species habitats, e. Xeric Scrub, f. Dune and Strand, Hardwood Hammocks, g. Dry Prairie, Pine Flatwoods, and h. All other upland habitats. i. Existing native vegetation located contiguous to a natural reservation. 4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. 5. To the greatest extent possible, native vegetation, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the develop- LDC3:27 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 ment occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply.This Section shall not apply to single-family dwelling units situated on individual lots or parcels. 1. Required preservation. y try `Coasia� ligh F," 5 won ttasta hitg } �F - 11111 sy ir41 1177 2i$` ''`- Developmen 7 vpe azar 'ec s. Residential and Mixed Use Less than 2.5 acres 10% Less than 5 acres 10% development Equal to or greater than 25% Equal to or greater than 15% 2.5 acres 5 acres and less than 20 acres Equal to or greater than 25% 20 acres Golf Course 35% 35% Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10% development and all other non-specified development Equal to or greater than 15% Equal to or greater than 15% types 5 acres 5 acres Industrial development(Ru- 50%,not to exceed 25%of the 50%,not to exceed 25%of the ral-Industrial District only) project site project site. 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. where the parcel was legally cleared of native vegetation prior to January 1989; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above: 1. RFMU receiving lands outside the NBMO. a. A minimum of 40%of the native vegetation present, not to exceed 25% of the total site area shall be preserved. 1. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU sending lands. ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. LDC3:28 RESOURCE PROTECTION 3.05.07 b. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25%of the site. 2. Neutral lands. a. In neutral lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. b. Exceptions. i. In those neutral lands located in Section 24, Township 49 South, Range 26 East,in the NBMO, native vegetation shall be preserved as set forth in section 2.03.08 D.5.b. ii. Where schools and other public facilities are co-located on a site,the native vegetation retention requirement shall be 30%of the native vegetation present, not to exceed 25% of the site. 3. RFMU sending lands. a. In RFMU sending lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of section 2.05.02. Off-site preserva- tion shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement,at a ratio of 3:1,if such off-site preservation is located within or contiguous to Sending Lands. b. In RFMU sending lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of section 2.05.02. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. 4. General exceptions. a. Non-conforming, Pre-existing parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU district, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit,whichever is greater,exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres,up to 20%of the parcel may be cleared.This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts.These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. LDC3:29 7. COWER COUNTY LAND DEVELOPMENT CODE 3.05.07 b. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+1-360 acres),the native vegetation retention and site preservation requirements may be reduced to 50%if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. c. Discretionary Exception for Essential Public Services.The County Manager or his designee may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.01.03), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation. D. Specific standards for RLSA district. For lands within the RLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code. E. Density bonus incentives. Density Bonus Incentives shall be granted to encourage preser- vation. 1. Outside rural villages. In RFMU receiving lands not designated as a rural village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C., once a density of 1 unit per acre is achieved through the use of TDR credits. 2. Inside rural villages. In RFMU receiving lands designated as a rural village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in section 3.05.07C.,once a density of 2 units per acre is achieved through the use of TDR and bonus credits. F. Wetland preservation and conservation. 1. Purpose. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in section 4.08.00. wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in section 3.05.07(C), unless otherwise required. 2. Urban lands. In the case of wetlands located within the Urban designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: a. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. LDC3:30 (8. LAND DEVELOPMENT CODE COLLIER COUNTY,FLORIDA Ord.No.04-41,as amended 3.05.00 VEGETATION REMOVAL,PROTECTION,AND PRESERVATION 3.05.07 Preservation Standards H. Preserve standards g. Preserve management plans.The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed.A Preserve Management Plan shall include the following elements: i. General Maintenance.Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. Exotic vegetation Removal,Non-native vegetation,and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves.All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed,or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve.When prohibited exotic vegetation is removed,but the base of the vegetation remains,the base shall be treated with an U.S.Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied.Control of exotics shall be implemented on a yearly basis or more frequently when required,and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity.Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager.A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with.The individual's name,address and phone number shall be listed on the Preserve Management Plan.The same information shall be provided regarding the developer.Both parties will be responsible until such time that the homeowners association takes over the management of the preserve.At that time,the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve.The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve,in perpetuity.At a minimum,the Preserve Manager shall have the same qualifications as are required for the author of an EIS,as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management.Where habitats must be managed with regards to the species utilizing them,Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve.Where protected species are identified,management strategies shall be developed and implemented in accordance with section 3.04.00.Where site conditions require prescribed bums,a fire management plan will be developed and implemented. v. Protection During Construction and Signage After Construction.The Preve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. Allowable uses within preserve areas.Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas,as long as any clearing required to facilitate these uses does not impact the minimum required vegetation.For the purpose of this section,passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve,such as pervious pathways,benches and educational signs.Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c.Fences and walls are not permitted within the preserve area. 9 ► ,1 - • 21 3432 OR: 2261 PG: 0032 is OM= NOM et OQILI11 OOM, IL 11/I1/ at 11:2111 Mli111 1. MCI, Gill 0011 101144.11 1!0 to MS. 100-.11 11111.11 Prepared By and Return To: btu: Mt CU MILLI CO James E. Slater, P.A. MX It Broad and Cassel Barnett Bank Center P.O. Box 4961 Orlando, Florida 32802-4961 For"mod*Pommes Only WARRANTY DEED THIS INDENTURE, made and executed the='ay of December, 1996, by JOHN D. JASSY, a married man, whose . 4 - ' Turtle Court Naples, Florida, 34108 and whose Taxpayer Identification Nu *w._�__ _.-_- , hereinafter referred to �-ro- I i t 1 ,rids limited partnership, whose as "Grantor," to HERON PA',011-7,;.;;;,.�+�� °r address is 2200 Lucien Way, r . l,Maitland, Flon 1 , I, whose Taxpayer Identification Number is: e the "Grantee". .14 -nli_l*qmi# ''—•• ,1!p, , o yI •_ • .f Ten Dollars (S 10.00) and THAT the Gran • f�4� d '• ,� e � :. other valuable considerati. ‘ishits '' w''a .. i ►-•y . , P 'ed, hereby grants, bargains, sells, aliens, remises, rel onveys and con i,.s to 1, rantee, all that certain land situate in Collier County, to-wit: '1" �0 SEE EXHIBIT "A" P+' • , ; 4►! _, • ' •E A PART HEREOF. Parcel Identification Numbers: 1$ • .. and 00389880006. By his execution hereof, the Grantor hereby certifies and affirms that the subject property is not now, nor has it ever been, the homestead of the Grantor. 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 Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that 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 those certain exceptions listed on Exhibit "B" attached hereto and made a part hereof. REW21U10395 DfilW12.11C 1 961213-4:27pm /0. ANIIIMMIMMIMIINIINMMIIINMIMIIMIIMIIIMIIIIMIIIIIIIIMIMIIIIIIIMIIMIIMIIIIIIIIIIIIIIIIIIIIIII • OR: 2267 PG: 0033 p - ....... IN WITNESS WHEREOF, the said Grantor has signed and sealed the presents the day and year first above written. Signed, sealed and delivered in thcAreserm of: G' '• ' Os/ilia) r Witness JO '1 D. ASS 77%am its 6 c_`• r4.err r' Name) Witness V�x-k>> 1 J; t' N .?t . Vv.' \ t 1' i .∎c Mist Name) _ — -.4 STATE OF FLORIDA (IC 0 pny COUNTY OF ''-t., n i i - The foregoing ' was acknowledg I' • - this /1,!..-.'1 day of December, 1996, by JOHN D. JASS , 1 . is personally kno • has produced as identification and who did/di• i •;p • an oath.,, 11-1E CgG r f` Notary Public "&\ SAMARA F.WUON _ DA E&Oscrir II la! ■ ` Ileriml Tim iwr PAR ur.+Mlirn_ Print Name Notary Public, State of Florida Commission No. My commission expires:. a81a214 N0339S1DIBD112.11 C 961213.4:27pa 2 /l. •• • OR: 2267 PG: 0034 Fa lawas Piqua 0* EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP SO SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00°18'50" W 1 tolkiiie it.:, LINE OF SAID SECTION 12, FOR A DISTANCE OF 2836.80 Fv , THENCE RUN N 89°41' 0" : • 'ISTA E 0' 2 1 00 FEET TO THE POINT OF BEGINNING OF THE 'AR(EL ' '-' D 1B 6 THENCE RUN N 00°1:'51 A 44{ k-It THENCE RUN N 89°4 'p\ E A DISTANCE s j 11 .1.11 '''=+ ; THENCE RUN S 00°18' ' DDISTANCE 0 •.% +!' 0 ti THENCE RUNS 89°41'10* ' . 6 1 :i .∎V ' , ,i.1• FEET; THENCE RUN N 00°18'50" W A DISTANCE OF 330.00 FEET; THENCE RUN S 89°41'10" W A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30.45 ACRES MORE OR LESS. Together with all of Grantor's right, title and interest in and to those certain easements created pursuant to the following instruments: Access, Signage and Landscape Easement Agreement dated of even date herewith and recorded in Official Records Book ZL I0 , Page to , Public Records of Collier County, Florida. and Utility Easement Agreement dated of even date herewith and recorded in Official Records Book ZZV7, Page LS , Public Records of Collier County, Florida. a8WQ141 W39M111DJ t2.11c 991213.4:27pm 3 /2 • ** OR: 2267 PG: 0035 UUt EXHIBIT "B" Permitted Exceptions 1. General taxes for the year 1997 and thereafter, not yet due and payable. 2. Access, Signage and Landscape Easement Agreement dated of even date herewith and recorded in Official Records Book Z 2,i7, Page CO , Public Records of Collier County, Florida. 3. Utility �a l Agreement dated of even date herewith and recorded in Official Records Book ?.210 t Page . , • i. c l• . ,`* •f Collier County, Florida. (.30\1 Aiii, r:. t 0 pv f_f .. ... 1"1"; t:?,,,,, -4- ,o-i \ ____ k? F ,\- REW2141V339ADIUDJ 12.1 Ic 961213-4:27pm 4 /3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-89 DEPT NO. 2006060034 Heron Park Partners Ltd. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Vs...S a/vt.-Q 1\4 67(1.-6),21 , on behalf of himself or ti3r,�A f x•1-1 90.,4 ea.r> /-4 J -- 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 2006060034 dated the 28th day of December, 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.07 (A-D)(H) of the Collier County Land Development Code Ord. 04-41 and are described as Preserve on property of Heron Park contains a wide variety of prohibited plant species including, but not limited to, Brazilian Pepper, Air Potato, Melaleuca, Earleaf Acacia, and Java Plum. There is not a Preserve management Plan in place for the Preserve. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$463.91 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: (1) Submit a Preserve Management Plan to be Collier County approved as outlined in 3.05.07(H)(g) within 30 days of this hearing or a daily penalty of$100.00 will be imposed as long as violation persists. (2) Remove all exotics from the Preserve area following the standards set forth in 3.05.07 (H)(g)(ii) within six months of this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. The removal of the exotics shall follow the above mentioned standards with special attention paid to the following phrase: All exotic vegetation within the first 75 feet of the outer edge of the preserve will be physically removed. Any exotic tree that is removed must be cut down to grade and the stump treated. Exotic vegetation within the interior of the preserve (beyond 75 feet from the outer edge) area can be treated in place if it is determined that the physical removal will cause more damage to the native vegetation in the Preserve Areas. Where prohibited exotic vegetation is removed, but the stump remains, the stump must be treated with a United States Environmental Protection Agency (EPA) approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. `mil � Respondent Michelle Arnold, Director Code Enforcement Department 10 jZc Its /o- Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-89 vs. HERON PARK PARTNERS,LTD, B&C Corporate Services of Central Florida,Inc.,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 October 25,2007,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 Heron Park 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 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 Heron Park,2155 Great Blue Drive,Naples,Florida,Folio 00389880006 more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.07(A-D)(H)in the following particulars: Preserve does not have required Preserve Management Plan and is overgrown with prohibited exotic vegetation. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.07(A-D)(H)be corrected in the following manner: 1. By submitted a Preserve Management Plan to be Collier County approved as outlined in 3.05.07(H)(g)within 30 days(November 24,2007). 2. By removing all exotics from the Preserve area following the standards set forth in 3.05.07(H)(g)(ii) within six months (April 25,2008).The removal of the exotics shall follow the above-mentioned standards within special attention paid to the following phrase: All exotic vegetation within the first 75 feet of the outer edge of the preserve will be physically removed. Any exotic tree that is removed must be cut down to grade and to the stump treated. Exotic vegetation within the interior of the preserve(beyond 75 feet from the outer edge)area can be treated in place if it is determined that the physical removal will cause more damage to the native vegetation in the Preserve areas. Where prohibited exotic vegetation is removed,but the stump remains,the stump must be treated with a United States Environmental Protection Agency(EPA)approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 24, 2007,then there will be a fine of$100 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 25,2008 then there will be a fine of$100 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$463.91 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. sT DONE AND ORDERED this I day of DC.' ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Sr The foregoing instrument was acknowledged before me this3� day of Q�'p bee' 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. NOTARY PUBLIC KRISTINE HOLTON ; °‘ 1, MY COMMISSION Si OD 686595 My commission expires: -�- " EXPIRES:June 18,2011 ' ?A.h ',` Bonded Thru Notary Pubic Undsnwttera CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Heron Park Partners,Ltd. B&C Corp. Services of Central Florida,390 N.Orange Avenue,Suite 1100,Orlando,Florida 32801 this?j1-fiday ofQCb ,2007. , M.Jean i1 son,Esq. Florida tar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 :;ountty of COWER I HEREBY CERTIFY THAT Ms Is a true and' correct copy of a c file in Board Minutes ( ;';I;°r County %/iglu ESS my 1 l this r ri II day of hipuOit DWIGHT E. BROGi(, CL;. rC OF COURTS 3 £L44W4 114sa D.C. ,: .... BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-89 DEPT NO. 2006060034 Heron Park Partners Ltd. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, t a'fvt-2. ('4 c.t7 mil , on behalf of himself or ki 2d A Pt%r 90.14\ ZI- Q— 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 2006060034 dated the 28th day of December, 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 October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.07 (A-D)(H) of the Collier County Land Development Code Ord. 04-41 and are described as Preserve on property of Heron Park contains a wide variety of prohibited plant species including, but not limited to, Brazilian Pepper, Air Potato, Melaleuca, Earleaf Acacia, and Java Plum. There is not a Preserve management Plan in place for the Preserve. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$463.91 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: (1) Submit a Preserve Management Plan to be Collier County approved as outlined in 3.05.07(H)(g)within 30 days of this hearing or a daily penalty of$100.00 will be imposed as long as violation persists. (2) Remove all exotics from the Preserve area following the standards set forth in 3.05.07 (H)(g)(ii) within six months of this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. The removal of the exotics shall follow the above mentioned standards with special attention paid to the following phrase: All exotic vegetation within the first 75 feet of the outer edge of the preserve will be physically removed. Any exotic tree that is removed must be cut down to grade and the stump treated. Exotic vegetation within the interior of the preserve (beyond 75 feet from the outer edge) area can be treated in place if it is determined that the physical removal will cause more damage to the native vegetation in the Preserve Areas. Where prohibited exotic vegetation is removed, but the stump remains, the stump must be treated with a United States Environmental Protection Agency (EPA) approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Michelle Arnold, Director Code Enforcement Department IolZSb7 t0- 2-k- 07 Date Date REV 2/23/07 . . • • 21 3432 OR: 2267 PG: 0032 1, omau wow if mum awes, es 12/31/ at 11:1M Mile I. MCI, CYfI CIIII 1$/INCH 1!G e11 U.S. Prepared By and Return To: 10*-.11 117$1.11 Mr PIII? 3,11 ?I WW CO James E. Slater, P.A. VICE R Broad and Cassel Barnett Bank Center P.O. Box 4961 Orlando, Florida 32802-4961 Foe Picadulo Nooses Oily WARRANTY DEED THIS INDENTURE, made and executed the '6.4ay of December, 1996, by JOHN D. JASSY, a married man, whose -, ' :y'r Turtle Court Naples, Florida, 34108 and whose Taxpayer Identification Nu �s d _ , hereinafter referred to as "Grantor," to HERON PA' ••:� `"�11 L 5 ,Ada limited partnership, whose address is 2200 Lucien Way, ii; ,Maitland, Flor , , 1, whose Taxpayer Identification Number is: e the "Grantee". IVi, , . .!* . if,, o .f Ten Dollars ($10.00) and THAT the Gran ,v other valuable considerati. . - • w ' .• i -,y - • • - ed, hereby grants, bargains, sells, aliens, remises, rel conveys and confi w s to i, rantee, all that certain land situate in Collier County, 74- - to-wit: �0 SEE EXHIBIT "A" A Vii, cr' , ' 4 k! 4'1 ' I E A PART HEREOF. Parcel Identification Numbers: 1'1 : CIR and 00389880006. By his execution hereof, the Grantor hereby certifies and affirms that the subject property is not now, nor has it ever been, the homestead of the Grantor. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except those certain exceptions listed on Exhibit "B" attached hereto and made a part hereof. RE1021411039s1DHJOJ12.11c 1 961213.4:27pm /0. • OR: 2267 PG: 0033 Pee 3 Papule oillr - IN WITNESS WHEREOF, the said Grantor has signed and sealed the presents the day and you first above written. Signed, sealed and delivered in the reserve of: , G• '• • : 01/11.16t)&i --- / / ' . .-- -17 Witness J i '1 D. ASS 77 a rvt$ 6 . C-_`- C C .d'.(4 / m N...) J W. itness , , 6 11 � , G e.k-11> 11: 11? IN V . k_Ii , .k1 curt NNW STATE OF FLORIDA I11. V COUNTY OF -• - _ E-- The foregoing ' klikt was acknowledg e- - this I day of December, 1996, by JOHN D. JASS . is personally kno c -.has produced as -identification and who did/di. , .j ' an oath., ? CIRG �je_r. " tfl, its • 7t- �-t' i.•t 0 , f.MOM f Notary Public• • . .. 1% w carsietgll r a 11:1 oar-:a—ra i� ?rr`? MIN nn iwrr Nbaa is J Print Name Notary Public, State of Florida Commission No. My commission expires: R81o214I1W9ADWD112.1 IC 961213.4:27pm 2 /1. • OR: 2261 PG: 0034 Ilamormg Papaw 1141 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00°18'50" W ! 141. 'liilr) :,:11 LINE OF SAID SECTION 12, FOR A DISTANCE OF 2836.80 F , • THENCE RUN N 89°41' 0" • r ISTA E O' 2 ► 00 FEET TO THE POINT OF BEGINNING OF THE •AR(EL D a• B THENCE RUN N 00°1:'51 A ► : ; THENCE RUN N 89°4 tl E A DISTANCE L i 11 ►.0 ; • THENCE RUN S 00°18' DISTANCE 0 ^ � ' - ; THENCE RUN S 89°41'10" . r t•11,-1 ;r :I.► ► FEE THENCE RUN N 00°18'50" W A DISTANCE OF 330.00 FEET; THENCE RUN S 89°41'10" W A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30.45 ACRES MORE OR LESS. Together with all of Grantor's right, title and interest in and to those certain easements created pursuant to the following instruments: Access, Signage and Landscape Easement Agreement dated of even date herewith and recorded in Official Records Book eL h i , Page tP , Public Records of Collier County, Florida. and Utility Easement Agreement dated of even date herewith and recorded in Official Records Book 21.1.7, Page Z3 , Public Records of Collier County, Florida. UM 2I11W39SWWDI12.11C 961213.1:27pm 3 /2 . ** OR: 2267 PG: 0035 tit EXHIBIT "B" Permitted Exceptions 1. General taxes for the year 1997 and thereafter, not yet due and payable. 2. Access, Signage and Landscape Easement Agreement dated of even date herewith and recorded in Official Records Book E Zip, Page , Public Records of Collier County, Florida. 3. Utility Agreement dated of -i n date herewith and recorded in Official Records Book . Page . , '', c ' 4, .4 •f Collier County, Florida. ()O� l� 1� n � id-' o 41, -riE CTRC�1 RE102I411039S0H1D112.11C 961213-4:27pm 4 l3 , COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Mesta, Respondent(s) CEB No. 2007-97 DEPT No. 2007050483 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-97 Dept. Case No. 2007050483 Plaintiff, vs. JUAN MESTA, 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: October 25, 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: 2372 Washington Avenue SERVED: Juan Mesta, Respondent Inv. Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 9/10/2007 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.2007-97 vs. DEPT CASE NO.2007050483 Juan Mesta,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,of the Collier County Land Development Code,as amended, Sections: 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) 2. Description of Violation:Unpermitted conversion of garage into living space without valid Collier County Building Permits at a residential multi-family(RMF-6)zoned property. 3. Location/address where violation exists: 2372 Washington Ave Naples, FL 34112 / Folio# 51693160005 4. Name and address of owner/person in charge of violation location: Juan Mesta/2372 Washington Ave Naples,FL 34112 5. Date violation first observed:May 166,2007 6. Date owner/person in charge given Notice of Violation:May 16th,2007 7. Date on/by which violation to be corrected:June 4th,2007 8. Date of re-inspection: June 8th,2007th through August 8,2007 9. Results of Re-inspection:Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th. day of August, 2007 Code Enforcement igator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of August ,2007 by Thomas Keegan igna .l e of Notary ' b is (Print/Type/Stamp Commissioned Name of Notary Public) Personally lcno or produced identification Type of identific ti n produced NOTARY PUBLIC-STATE OF 'LO ILl ai 'I,gym, zvrrr Cammissin fi r. ' s 'rtCJ L'),:11f REV 3-3-05 ETIMATLANTICBO_PIDE Cf.,itEf. 2- Case Number 2007050483 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION phone: 239-403-2483 Date: 5-16-07 investigator. Thomas K2! --23------- \dent Juan Mesh 11 Twp 50 Zoning Dist RMF� Sec Block I LRoBtg 6 Legal: Subdivision 938 _-- lling: 2372 Was Alining on Ave OR Book 2547 Page 505 NAPLES,FL.34112 Folio 51693160005 Location: 2372 Washin on Ave Na les,FL ant Board Ordinance yointion(eontinnedl• County Code Enforeem s of the 0 ioln; 97-35, as Colder you are notified that a violation() 05-55 and 97-35, as amended, yo Florida Building Code 2004 Edition Section 105.1 Permit Application agent who intends to following codes exist 01051 When required. Any owner o authorized construct,en1a �teT' �'move,demolish,or change the intends occuPaneY to Ordinance 2003 37 Collier County Right-of-Way any RaOrdinance p n le Parry to dig. aher,repair,remove, of a building or structure,of to 'installs lambing system,the []Section excavate, Permits. It shall be u or �y v or replace act el,o rto a Sus,meclsam�°r p such work to er wo obstruct i place any structure and/pr compaction of roil in by this code,or to cause any other work which disturbs the existing boundaries of any installation of which is regulated y by Collier County be done,shall first make application to the building official and obtain the any right-of--way maintained y for such work etc• required Permit muni corporation, without first obtaining a Pmt a of Laws (Also found in Section 110,Article II of the Collier County Cod minor repairs may be made with the and Ordinances,Section 110-31) 0105 2 2113inor repairs.Ordinary as amended, Land Development Code, Sec. approval of the building official without a permit,provided the repairs do not ®Ordinance 04-41, and certificate of occupancy. include the cutting away of any wall,partition or portion thereof 1010.02.0601)(1)Building or land alteration permit 1 a urn action on building permits...no building or Section 105.7 Placement of Permit ®s structure shall)( e g utilized or allowed to 0105.7 The building permit or copy shall be kept on the site of the work structure shall be erected, moved, added to, altered; completion of the project exist...without first obtaining the authorization of the required building until the comp permit(s),inspections,and certificate(s)of occupancy,etc. Section 111.1 Service Utilities 0111.1 Connection of service utilities. No person shall make connections ®10.02.06(Bxlxe)Improvement of property prohibited prior to issuance or system that is source of energy,fuel or power to any building sys of building permit.No site work,removal of protected vegetation,grading, from a utility, until released by the may be commenced prior to regulated by this code for which a permit is required, improvement of gt'apertY or construction of�type � tie]151151100 of a building permit whore the development proposed requires a building official. building permit under this land development code or other applicable county "--■regulations. Other Ordinance/Narrative: Site visit revealed garage turned into room without valid Collier Counts, construction Building Permits. ®lO.OZ.t16(B)(lxe)(i) In the event the impro�eMrequof�property, g permit has of any type,repairs or remodeling of any type of building pe must s been completed all required inspection(s)and certificate(s) obtained within 60 days after the issuance of after the fact permit(s) Collier County Code of Laws and Ordinances Section 22,Article II Order to Correct Violation(s): 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, ®M� be Correct in rest Vi compliance with all Collier County Codes and Ordinances• o rderioal,gas,mechanical,or plumbing systems which are unsafe,unsanitary, Apply for and obtain all permits required for described c . or do not provide adequate egress, or which constitute a fire hazard,or are structure/improvements:and OR remove said strucdue/improvemenfs, otherwise dangerous to human like, th or which in relation to existing u i uses,r including materials from property and restore to a permitted state. constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings,structures or service systems are hereby declared illegal,etc ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion OR demolish described 0103.11.2 Physical Safety[pools]. Where pool construction commences prior improvements/strucdue and remove from property. to occupancy certification of a one or two family dwelling unit on the same ❑Must effect, or cause, repair and/or rehabilitation of described unsafe property,ns fence o.Wcere pool l construction ctio be in place at the time u final building ucwre/systems: OR remedy violation by means of permitted building inspection....Where pool constiudion is commenced after occupancy demolition of same. 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 Violation(s)must be CORRECTED BY: June 4`",2007 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,etc. Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in ❑104.135 Prohibited Activities prior-to Permit Issuance. A building permit fines up to$500 and costs of prosecution. OR (or other written site specific work authorization such as for excavation,tree 2) Code Enforcement Board review that may result in fines up to$1000 per removal, well construction, approved site development plan, filling, re- day per violation, as long as the violation remains, and costs of vegetation,etc.)shall have been issued prior to the commencement of work at prosec>th,i 1 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 Respondent's S' Date and disturbance or removal of protected species or habitat,etc. �/ , 5-16-07 Section 106.1.2 Certificate of Occupancy. Investigator ai ,,*!e � Date 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 . 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 ADOPESDINC LU DING SEC. 2 01.00 GENERALLY, SEC. CHAPTER 2 - ZONING DISTRICTS AND US , 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 n 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 ADUSTMENTS AND APPEALS, SEC. ZONING APPEALS, SEC. 8.05.00 ORY DCIOUNCIL, SEC O.F8.07J00 STORK ARCHAEOLOGICAL 8.06.00 ENVIRONMENTAL AD 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- n OPMENT WITH VESTED RIGHTS,.SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION,S ECVIEOWO2.00 APPL CDECISION-MAKING REQUIREOMENT•S,ESEC C10.0 00 SEC. 10.01.00 GENERALLY, vii 4. NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS,SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES,AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "He OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILfTY;SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS,the Board has directed that the LDC be revised to update and simplify its format, and use;and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S.,in a manner prescribed by law,did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS,all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. • viii 6. 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 heshall 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 http://library 1.municode.com/newords/DocView/13992/1/66/68?hilite=10 02 06; 8/10/2007 1V.V ..VV Ili i£i 1-.L1Vl• iw�v.�....++•��•--- - construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://libraryl.municode.com/newords/DocView/13992/1/66/68?hilite=l0 02 06; 8/10/2007 Building 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. http://ecodes.iccsafe.org/icce/gateway.dlUFlorida%20Custom/Build2004_FL/1?f=template... 8/14/2007 g. SECTION 105 PERMITS 105.1 105.1 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. http://ecodes.iccsafe.org/icce/gateway.dlUFlorida%20Custom/Build2004—FL/3/8?f=templa... 8/14/2007 9 Prepared by an Ito: 2477343 OR: 2541 eG: u)uD RECORDED In OIFICIAL RECORDS of COLLIER CCUNft. It Maryellen Cali 05!1111199 it 11:26111 DWIGHT E. MCI. CLOT =ME M= TITLE OF NAPLES, INC CONS 61000.00 838 Anchor Rode Dr. REC !EE 15.00 • Naples, FL 34103 inc-.7e 5E1.01 Into: WS _ � 1 _ - INDEtENDENT TIt1E 01 NAPLES PRCI DP WARRANTY DEED THIS INDENTURE, made this 30th day of April , A.D. 1999 between Michael Marino, a married person as Grantor*, whose address is: 2583 River Reach Dr., Naples, Florida 34104 and Juan Mesta, a single person as Grantee*, whose address is: 2360 Washington Ave., Naples, Florida 34112 WITNBSSETH: That the Grantors, for and in consideration'of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by if 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 ids, to-wit: located in the County of Collier, St R• ca tr cp IS SEE ATTAw.1>+• FO' 9.19 9•TION OF LEG- DESCRIPTION ii _ The subject property s •ot the h..,. s•-ad o the an or, nor is it contiguious to the grantors home-te 710* �� Property Tax ID Number: • - :0.' 11Vi1 t"" Proper Y SUBJECT TO easements, res. ions and reserv.k o o O ozd, if any and taxes for 1999 and subsequ -are. C-, �J .nt the titl- -4;i6 .-id land, and will defend lit Said grantor does hereby ful � �'omsoever. the same against the lawful cl --6,. a.•Jr Je *Singular and plural are interchangeable as context requires. c Ce IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day g- and year first above written. witnesses f` „ - - (WI1715SS 1) Signature 1' •.` l.LEN CAL! Michael Marino PRINT OR TYPE NAME: J (WITNESS 21 Signature: � ' S44.- •� IF. PRINT OR TYPE )O{ME: k (WITNESS i) Signature: PRINT OR TYPE NAME: (WITNESS 3) Signature: PRINT oa TYPE NAME: State of Florida County of Collier The foregoing instrument was acknowledged before me on this 30th day of April, 1999 by Michael inn, a married person, who is known to me or who has take an produced 711 qs...�t1 as identification and did oath. �� 4� � _.�;�..��:. r> rem: PUBLIC �� My Commissi-�• - PRIM R YPE SANE: Of commission Estes Ma IL 2003 calvnksica f 011377 AMS-WD-PLAIN Rev. 10/27/94 - /0. CONTINUATION OF WARRANTY DEED LEGAL DESCRIPTION Lot 6, Block I, INOMAH SUBDIVISION, according to the plat thereof recorded in Plat Book 2 at Page 82 of the Public Records of Collier County, Florida; save and except: A description of a portion of Lot 6, Block "I" Inomah Subdivision, a subdivision on file and of record in Plat Book 2, Page 82 of the Public Records of Collier County, Florida. Said Portion being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found at the Northwest corner of said Lot 6: THENCE along the Northerly line of said Lot 6, South 51° 44' 30" West Should Read East) 10.20 feet to an iron pin set; TRENCE across said Lot 6, South 38° 26' 11" West, 120.42 feet to an iron pin found at the moat Southwesterly corner of said Lot 6; THENCE along the Easterly (Should Read Westerly) lines of said Lot 6, the following two (2) courses: 1. North 006 04'09" East, 16.87 feet to an iron pin found: 2. North 388 34'10" East, 107.17 feet to the "POINT OF BEGINNING" As Referenced on attached Exhibit "A" C OA ,r O A f31 G4 Exhibit "A" 1" OR: 1541 PG: U U1 4C\ Is za O r y. F R1 0 w ccm amrr� °m a Am U0 c"'-4 0 CS ' Z 111 i� zz az zoo paz's --winn Z20 •.. 4. a~ a O CA m 7273 mm m •m Z 0MOo SAO• aA mm a _ +e �I war- �) sin-a +1vw » -MC"'..•Cn1..O 4E" O wo r- m0 mo ton-in-a -.I r ✓ Ns-1�Z al CAE Z CO o co �Z5 '-.• r-ca-- _0o_iF • rNAlea��i i1: c; wo Zrn -r o Z AA = O.A °'i a vw Oz�� -0 m >N >m Z U0Zn1 s 0w -C> Z - nit r- „> 4.>Z Z `" M -80 -o 0 n- >-l0 -q ea a hl a m ruin rn Z as z rmnr-rrnc mov 0 is 1.• s - Z ro t>nccn m 0 zzX or 1 aOZ la Q R a �� ,- GP o� -0 70 z mm u"c -C 4.4 0. r- -ca !QM -r• z-< '0 IC ♦♦�� t s a• • Oa r- ° TOaO X, O V+ us us .nr C ( 0IA ' a • w Z 0 m— z -4C7o•n ()V< -v m c -IZ v mzm rn>- C 4ON. ~ Z „m 0 = 0 -, >• 70-I 0 33 ✓ at •6. • b rm-4 -n us Co " -a 00.10 a co a .. • a -I U -1 • ... 2 r-• • a C . . . . O -40 > MO. - OMZ m oA • r CO q • -4 0 C) rC O -1 U• -ate OZ ■ •4.▪ • :saa a mo a pa* scam- 0 asc•lb a a O♦♦ t 0z • p-4 -4 "NO it- 90 ..aa a 0 u, 0 0 t ! y 2- 2 0 0 0 rr.uP4 0S a �► ►r o° �= m "n) -4 200 0a a coin • • Q ON w A ••0G UI -fly- *0▪ 1 to a.. ..,••• rT .. 0 in co 0 0� • `OBI m . y r�iNC rr--4• V ; 0 Z \--. w > X0- mgl ▪ : da -1 °.M O 0 - am• •i 0 a h = 20 ALLEr `■• a 0 s s C 5mz a 4 \\,/r �N .•i •.*r';-• P O AZ ' ! .. � 0 ..a •i. V . \ O�NI1�W 11 M 4. \�as =-4-I=11 g rr s ?pti Na oW.R .A.a-r!_ M 8.x j f(dA O` _ III •'� I-N� I. -4 1 O 2_O 4c•. G;A on-3.A•• -{ c • t [[� 7r t� O O 0OIII R1K t 1 {_i t taw 0 0 — !L $-O 1110 7t ll i pp pp -OmO7CZa co!.. 7s-4P ii ! �1r ' IOm� -1!< in } ff E R co:, m� 1' N 14 ' • 4. I! 1 R > 4> 9-1-1 M O 10 <\. r }- IAP -!II s O _ Le m-1 0-4 , Eta = Fur • ,---N k0 S SPA' ‘ tl -• 43 1' Pt 41111X Z 0 " .t Lei 1r R m 0 N I P 12 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. 2007050483 CEB Case NO: 2007-97 Juan Mesta Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Juan Mesta, 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 2007050483 dated the 16thday of May, 2007. (month) In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25th,2007(date); to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $322.16 incurred in the prosecution of this case within thirty days of this hearing. 2) Abate all violations by: Requesting required inspections and receiving a Certificate of Completion for Demo Permit#2007100444 within one hundred and twenty days of this hearing or a fine of $200.00 a day will be imposed until said demo permit receives a Certificate of Completion. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) Ai Apo Olt Respondent M ' elle Arnold, Director >" Code Enforcement Department Date 07 Date REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-97 vs. JUAN MESTA, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Juan Mesta 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 2372 Washington Avenue,Naples,Florida 34112,Folio 5 1 693 1 60005,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,sections 10.02.06(B)(1), 10.02.06(BX1)(a), I0.02.06(BXI)(e),and 10.02.06(B)(1)(e)(i)in the following particulars: Unpermitted conversion of garage into living space without valid Collier County Building Permits at a residential multi-family(RMF-6)zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By requesting required inspections and receiving a Certificate of Completion for Demolition Permit #2007100444 within 60 days(December 24,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007,then there will be a fine of$200 per day for each day for each day until the demolition permit receives a Certificate of Completion. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$322.16 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 l not stay the Board's Order. DONE AND ORDERED this 3I-CTeday of (JC_.T t ,2007 at Collier County, Florida. CODE ENFORCEMENT BQARD COLLIER COUNTY,FLORIDA BY: --- 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 iSjday of O C b —,, 2007,by Kenneth Kelly,Vice 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. A sg.aye•.,, KRISTINE HOI.TON ► ,y • we. ' U *t A.. TA MY COMMISSION#DD 686595 NOTARY PUBLIC r. EXPIRES:June 18,2011 My commission expires: Rf Bonded Thru Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Juan Mesta,2372 Washington Avenue,Naples, FL 34112 this 31 S' day of QL'1t bey',2007. :Zits _ !.`q e,,'awson,Esq. ''" ' , ,o korida Bar No. 750311 ,out1ty of COLUEtI Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 I HEREBY CERTIFY THAT tills is a.true Ikl Naples,Florida 34102 correct c y K t �. e ':5-' i0 (239)263-8206 3oord ftliou ..r': : `i r County nEss rrofc by mI :r; 1 t 11 clay `"' DWIGHT E. BROGK, CLERK OF COURTS IP 2 ,/,..24.11.4„,e12,4,„L„,.. D.C. ........._......... BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. 2007050483 CEB Case NO: 2007-97 Juan Mesta Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Juan Mesta, 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 2007050483 dated the 16thday of May, 2007. (month) In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25th,2007(date); to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $322.16 incurred in the prosecution of this case within thirty days of this hearing. 2) Abate all violations by: Requesting required inspections and receiving a Certificate of 0 Completion for Demo Permit #2007100444 within o days of this hearing or a fine of $200.00 a day will be imposed until said demo permit receives a Certificate of Completion. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) imp _ Respqn•ent M elle Arnold, Director Code Enforcement Department Date Z� v7 Date REV 2/23/06 _repne+dbyandRetw'swc ZUNI.) utc� L,r�tr rte• UJUJ 16CORDID 14 Minn 61COnDs of CCLII61 CCOIT!. PL Maryellen Cali 05!1111999 it 11:261X DIIGBT 1. BROCL. CL111 INDEFINDENT TITLE OF NAPLES, INC COIs 61660.60 938 Anchor Rode Dr. uC 161 15.06 Naples, FL 34103 D0C-.10 561.00 SS* - GRANTEE 1: - - Pita: I1DIP16D61T TITLE Of 11PL15 plc DP WARRANTY DEED THIS INDENTURE, made this 30th day of April , A.D. 1999 between Michael Marino, a married person as Grantor*, whose address is: 2583 River Reach Dr., Naples, Florida 34104 and Juan Mesta, a single person as Grantee*, whose address is: 2360 Washington Ave., Naples, Florida 34112 WITNESSETH: That the Grantors, for and in consideration'of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by 11 said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land il located in the County of Collier, St C�Tid to-wit:At O V V5 SEE ATTACH, FO' •.r ,• TION OF DESCRIPTION iiThe subject property -s -,ot the . s. ad o the - an or, nor is it contiguious Ito the grantors home-te.(.:: U r Property Tax ID Number: • ' _ SUBJECT TO easements, res�'.■ ions and reserv.i '- - o - ord, if any, and taxes for 1999 and subseqierft ars. 4• ,4) Said grantor does hereby ful C= at the titl- id land, and will defend the same against the lawful c1= - - 41* -49.- romsoever. *Singular and plural are interchangeable as context requires. C-5 IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day g.. and year first above written. l Witnesses WETNESS 1) Signature 1: N GRLI PRINT OR TYPE NAME: ` n Michael Marino MIMES 2) Signature: r ' y PRINT OR TIPS MM. y A `• t'' WETNESS 1) Signatures PRAT OR TYPR MANZs WIMP) 2) Sign PRINT OR TIPS NAM State of Florida County of Collier The foregoing instrument was acknowledged before me on this 30th day of April, 1999 by Michael 1,no, a married person, who is known to me or who has produced as identification and did take an oath. A •,i . --,, A_• My Coamaissi • . rem:��,,,,,,,��pp�� PUBLIC RAARYE LENUbA4�!�� PRINT R YPR sallr: MN cc nmisom sow MQ L us Cosrnl1)on•cc101377 AMR-4)-PJJ.1$ • Rev. 10/27/94 0. CONTINUATION OF WARRANTY DEED LEGAL DESCRIPTION Lot 6, Block I, INOMAH SUBDIVISION, according to the plat thereof recorded in Plat Book 2 at Page 82 of the Public Records of Collier County, Florida; save and except: A description of a portion of Lot 6, Block "I" Inomah Subdivision, a subdivision on file and of record in Plat Book 2, Page 82 of the Public Records of Collier County, Florida. Said Portion being more particularly described by metes and bounds as follows: BEGINNING at an iron pin found at the Northwest corner of said Lot 6: THENCE along the Northerly line of said Lot 6, South 516 44' 30" West (Should Read Bast) 10.20 feet to an iron pin set; • THENCE across said Lot 6, South 38° 26' 11" West, 120.42 feet to an iron pin found at the most Southwesterly corner of said Lot 6; THENCE along the Easterly (Should Read Westerly) lines of said Lot 6, the following two (2) courses: 1. North 006 04'09" East, 16.87 feet to an iron pin found: 2. North 388 34'10" East, 107.17 feet to the "POINT OF BEGINNING" As Referenced on attached Exhibit "A" 7RCÔ \ 1:14.C1111 111 I I I I I I I I CJ7 Crs --J G CRC Exhibit "A•• UA. LJ11 ru. viva r w ' ' -� ft N- fl-4 -1 -1 m v�ss elsr ... 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' .. N 7 C as ...Fri V. �� hxxj>ir i' wss s �• q '4+0 vc el-I" • gg 470 �- 7 tIA0\ s Pt r4 It./ w 4 4= 0s ev - I 711e' r- o -e • T i r -.4� rn • t � -O 2>a 00mX ti -1) 3-i�M >�� r M j se ! 4:4 $ ins»> o so zit A-4-i-I111- A z C s ili III-4 F C 0 - i O z g;I 1/ W Y i m N /2 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Judith Wages., Respondent(s) CEB No. 2007-98 DEPT No. 2007050108 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-98 Dept. Case No. 2007050108 Plaintiff, vs. JUDITH WAGES, 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: October 25, 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: 654 Palm Avenue SERVED: Judith Wages, Respondent Inv. Joe Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 9/10/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-98 vs. DEPT CASE 2007050108 Judith Wages,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 as amended,Collier County Land Development Code,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(exi),Florida Building Code 2004 Edition, Sections 105.1 2. Description of Violation: I observed an existing aluminum porch on this village residential(VR) zoned property that was altered from its original permitted state when it was repaired after being damaged by Hurricane Charley. Improvements made to the aluminum porch include wood framing,windows,and electrical,all without required building permits. 3. Location/address where violation exists: 654 Palm Ave, Goodland FL 34140 (Folio #46421280007) 4. Name and address of owner/person in charge of violation location: Judith Wages, 34 Morgan St, Candler,NC 28715 5. Date violation first observed: 1-12-07 6. Date owner/person in charge given Notice of Violation: 5-19-07 7. Date on/by which violation to be corrected: 6-9-07 8. Date of re-inspection: 7-18-07 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 29th day of August,2007 4 Joe a Code r•forcement Investigator STATE OF FLORIDA COUNTY OF COLLIER to t r • ' •.•ed ••d. scribe before this 29th day of August,2007 by Joe Mucha. Vs // '#(�- . �// Commissioned Signature •f Notary' blic) F (Print/Type /Stamp Commiss Name of Notary Public) Personally known or produced identification Type of identification produced 4Y.P4e,, Linda C. Wolfe � Commission#DD273407 4,17.Expires:Dec 07,2007 REV 3-3-05 '7y pp F..°t, Bonded Thru -',7y be Atlantic Bonding Co.,Inc. v. Case Number 2007050108 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION Phone: ?3903 2452 Respondent Judith Wages Date: 5/9/07 Investigator: Joe Mucha Zoning Dist VR Sec 18 Twp 52 Rng 27 Malting: 34 Morgan St Legal: Subdivision 810 Block D Lot 3 1 Candler,NC 28715 46421280007 OR Book 2405 Page 1909 Location: 654 Palm Ave Folio Unincorporated Collier County Viola'on• 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 ��Building Code 2004 Edition codes exist Section 105.1 Permit Application ®105.1 When required. Any owner or authorized agent who intends to Ordinance 2003-37 Collier shall bey unlawful Way Ordinance construct,enlarge,alter,repair,move,demolish,or change the occupancy ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, enlarge,alter,repair,remove, of a building or structure,or to erect,install, excavate,obstruct, is Pace any construction or other and/or material,or on of soil any in electrical,gas,mechanical or plumbing system,the other work which disturbs the existing tincture and/or compaction of soil in convert or replace any regulated by this code,or to cause any such work to any right-of-way maintained by Collier County within the boundaries of any installation of which is regul y 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 1 ❑105.7 The building permit or copy shall be kept on the site of the work Ordinance 04-41,as amended,Laud Development Code,Sec.10.02.06(B)(1) until the completion of the project Building or land alteration permit and certificate of occupancy 5310.02.06(B)(1Xa)Zoniag 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 regulated by this code for which a permit is required,until released by the 010.02.06(BX1)(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 OrdinanulNamtive: prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other No permits obtained for the repairs made to the porch of structure after being damaged by a hurricane. Two wood applicable county regulations• framed sections of wall with windows replaced existing sections „.......\ t of construction of ®10.02.06(Bxlxex7 In the event the improvement property, of porch that were dammed. Shed that is located on the dock any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) is not permitted. Shed is in deteriorated condition and does of occupancy not meet setback requirements. must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22,Article II Order to Correct Violations . Must be in compliance with all Collier County Codes and Ordinances.d ❑ctrl al,1 Unsafe Buildings b' Systems. which are buildings, nsafe,unsanitary, Apply for and obtain all permits required electrical,provide ide mechanical,t plumbing or do not provide adequate egress,or which constitute a fire hazard,or are structure/improvements: OR remove said structurefunprovements, otherwise dangerous uses, and restore to a permitted state. to human like, or which in relation to existing including materials from property constitutes a hazard to safety or health, are considered unsafe buildings or cause inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are ®Must request/ required OR demolish descried hereby declared illegal,etc certificate of occupancy/completion. improvements/structure and remove from property. 0103112 Physical Safety(pools). Where pool construction commences prior unit on the same OMust effect, or cause, repair and/or rehabilitation of described unsafe property,occupancy fence or of a one or two all ben place OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final building/structure/systems: building inspection....Where pool construction is commenced after occupancy demolition of same. 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 Violation(s)must be CORRECTED BY: during the period commencing with filling of the pool and ending with i completion of the required fence or enclosure, temporary fencing or an Failure to correct violations may result in: result in L approved substitute shall be in place,etc. 1) Mandatory notice to appear or issuance of a citation that may fines up to 5500 and costs of prosecution. OR 0104.135 Prohibited Activities prior to Permit Issuance. A building permit 2) Code Enforcement Board review that may result in fines up to costs per (or other written site specific work authorization such as for excavation,tree day per violation, as long as the violation remains, removal, well construction, approved site development plan, filling. re- Prosecution 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 excluding test piling),well drilling, /� �, Date not limited to,excavation of ildi driving( equipment or accessory structures Respondent's Signature �a/� ""t/ formwork,placement of al building p materials,species or habitat,etc. a C - 631 - 07 and disturbance or removal of protected spec 0 Date Investigator's S. Section 106.12 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction Lion 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, ... . 33 N,‘ $ a 5 -o co .0 0 o . C1 ❑ 4 ❑ 2 D N eh V) 1 . ' i © ' .Z. i CI ' V i 1 ..- :-. E o 0 8, i q , e..... 4.. O . 2 `� � ❑ a ❑ g, .0 41`.......2 f, T - .-- ,,-, 1 >, „ -0 I- ,- a ! 11 A ,...„ , . ,,,t . . . ,.. p4 , .? . u, 2 1 . ,.5 49 1-- = li .L1,1 to' emu; 0 .• ,--_.' co . VI +1-. . Crfp 0 1 cr rn i: . 4 C cm o cfs 4 r I c m :. III 0 m e m- -D o 0 •- , a . • . co 0 co 'v ig co o ,I I iC"Al r- o E Cor) N 0 En a z .0m m rd . H N o • C .Z „C M HMV r"i Ico d C f I co- h N `0L4 � h W '� 0 +. pco ,o ( a ,Q ..Q ! XI Q 4.- -• fZ W• to � tmC -0 .1-• j U2OF-1 ; ! Z g Bgs � Ea c WZQ a) � ' ' O . e QUp E Lh u) t'�- : 1- U (DC ,- (1 -24-0 Z3 d.1 P4 al M r Lg mft 4-, t M U U Cf) . CL b' A .G '' m 1 ? — 00 — 0v , N4. LL 0 • M • .r- 4. 04 ate. ORDINANCE NO. 04-41 AN QRDINANCE 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 US.ES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS,.INCLUDING SEC. 4.01.00. GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5-SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES,SEC.5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACIITIES 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 6. 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 7. the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires • a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning de. Florida Building Code 2004, Building I.. N ; -1:, I I�LD fal T .mot,C E E..a _ # Jill'1 a jEjl tii:JE:fincLj! -.j g 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. S. or,L i iviv i UD ±'t iuvu 1 s Page 1 of 7 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://infosolutions.com/icce/gateway.d11/3/8?f--templates$fn=document-frame.htm$q=$x= 4/24/2007 /0. Prepared Ry, DAMME7TTE M. MORGUE ISLAND TITLE GUARANTY AGENCY, INC. *** 2301617 OR: 2405 PG: 1909 * t all N. COLLIER RLw. MARCO ISLAND, PL ulss 11C01D1D it OIIICIAt UCOIDS of COLLIII COMM, I1 incidental to the issuance of a title insurance policy. 04/03/91 at 02:3111 DINE? 1, MOO, ClllK rile la. 0939.970651N 11C III 1.11►areal la• 46421280007 COIIIS 1.01 �...., Gwent m(sl BS S RISC 1.11 L14-1-g e Y 111E lets: WARRANTY DEED ISIAID TITLI MUTT AWICI I (INDIVIDUAL) PICK DP i This WARRANTY DEED, dated by FREDRICK J. PALSITERk SINGLE MAN and ROBERT ROME and ALICE B. ROWSE, HUSBAND AND WIFE whose poet attics address is 654 PALS AVENUE GOODLAND, FL 33933 hereinafter called the GRANTOR. to JUDITH A. WAGES, A SINGLE WOMAN chose pont office address is i 10466 CHAIN OF ROCK, EAGLE RIVER, AK 99577 hareioatter called the GRAMlM , (Wherever used herein the terns • . and -answer include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETHi That the GRANTOR, for and in consideration of the sun of $10.00 and other valuable considerations. receipt whereof ie hereby acknowledged. hereby grants. bargains. sells, aliens, remises. relaaaee, conveys and confirms unto the • flRliWTii, all that certain land situate in COLLIER county, rloride, viz: LOT 3, BLOCK D, GOODLAND ISLES, ISM ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, PAGE 1-2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Flor THIS IS A CORRECTIVE D +^es IS BE a•RDED TO CORRECT THE LEGAL DESCRIPTION OF THE ORIG fi , RED RECORDED r R. BOOK 2324 PAGE 3406 OF THE PUBLIC RECORDS O s - aa1' ' , FLA N :ICH THE "BLOCK D` WAS ERRONEOUSLY OMITTED. ,� /'� CCOfY , ov SUBJECT TO covenants. conditi l , restrictions. reservati• ■. li tati• asementu and agr...wants of record. if any c years; and..!I al. a. O .-a zoning ordinances and/or restrictions and faces and assessments for the year -9. J• subeeguai y prohibition' imposed by governeental cut fllJl it any, l. met^ tJ TOGETHER with all the tenements, bared Ciiklis . appurts & • belonging or in anywise appertaining. ci • c, TO HAVE AND TO HOLD, the same in to, ea• o?ev, AND THE GRANTOR hereby covenants with said GRAMfs that accept as above noted, the OAAMTOa is lawfully seised of said land in tee sispiet that the GRANTOR has good right end lawful authority to sill and convey Said land: that the GRANTOR hereby fully warrants the title to said lend and will defend the same against the lawful claims of all persons whomsoever. ) i IN WITNESS WHEREOF. GRANTOR has signed and sealed these preseiti the date set forth ab�S. -- SIGNED IN TAR PRI MO=OF Tfli( FOLLOWING W1TORSRit+ -�� s ///i i.. ,/._ �� - ii; . - ,V.-o, 104t4 / , I I county • 1 as ain notary y of public my o� eaiOteexpirea. • 1 1 Y•iwatary pad131e et the etas of � T rcdtwonIO 1NrZRGIt was acknowledged before me on. C.&OBERT ROWER and ALICE B. ROWE11, FREDRICK J. 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"... #0:,..'13.i .` -„..,,,A.,:?....r.:.--,....,.'.E,-,--,:',a.-5.4--t,,,.1.,,,--n-,-7--',-i:,..-., '\ --... ,.....- , .,. ..„......,,, .„.. -... ,',,,F CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-98 vs. JUDITH WAGES, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT I. That Judith Wages 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 telephonically,and by Attorney Paul P. Pacchiana. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 654 Palm Avenue,Goodland, Florida 34140, Folio 46421280007,more particularly described as Lot 3, Block D,Goodland Isles, Pt Addition,according to the Plat thereof,recorded in Plat Book 8, Page 102,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)(I)(e),and I0.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 in the following particulars: Existing aluminum porch on this village residential(VR)zoned property that was altered from its original permitted state when it was repaired after being damaged by Hurricane Charley. Improvements made to the aluminum porch include wood framing,windows,and electrical,all without required building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections l 0.02.06(B)(1)(a), 10.02.06(B)(l)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section 105.1 be corrected in the following manner: 1. By engaging the services of a general contractor licensed in Collier County to obtain all required Collier County Building Permits, Inspection,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 120 days(February 22,2008). 2. In the alternative,by engaging the services of a general contractor licensed in Collier County to obtain a demolition permit for the removal of all non-permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 120 days(February 22,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 22, 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 February 22,2008,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$291.66 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\31- day of Oci ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: -------' Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this3iS day of aibbQ'r , 2007,by Kenneth Kelly, Vice Chair of tile Code Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. 1 I SW.°,ia sli,Y IffiIS11NE HOLTON NOTARY PUBLIC _„ �, ,,� MY COMMISSION#DD 686595 My commission expires: •..jam �vs EXPIRES:June 18,2011 ' frf, ¢� Bonded Thru Notary Pidr c underwriters tl tat`e 0 MARA y ;.. 'ounty of COl.EWE # VA- I HEREBY CERTIFY THAT this is a true a correct cccy r.:t ;. r rff2. ti Board M!n °tc,,, '‘'r Count InglitES., rr 1 " -,11 this 1 day of 1 nvenlber aa00-1 DWIGHT.E. BROC , C!;;its CF CO4 RTs Mk aiWit- iai AtA.-- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Judith Wages,34 Morgan Street,Candler,North Carolina 28715 and to Paul P.Pacchiana, Esq., 5425 Park Central Court, Naples, FL 34109 this �j relay of Cc-\-a 6}r'y,2007. M.Jean Rawson,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. J& C Auto Sales, Respondent(s) CEB No. 2007-99 DEPT No. 2007070104 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-14 Deed 15-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-99 Dept. Case No. 2007070104 Plaintiff, vs. MC AUTO SALES, 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: October 25, 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: 1701 Pine Ridge Road SERVED: J&C Auto Sales, 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: 9/10/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-99 Vs. DEPT CASE NO.2007070104 J&C AUTO SALES:,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s),2004-58,The Property Maintenance Code,as amended, 16[1][n][2], 16[1][n][3], 16[2][i], 2. Description of Violation: Signs not maintained in a proper state of repair. 3. Location/address where violation exists: 1701 Pine Ridge Road, Naples,Fl(folio 00241080009) 4. Name and address of owner/person in charge of violation location: J&C Auto Sales, 2374 J &C Blvd, Naples Fl 34109. 5. Date violation first observed: June 28th,2007. 6. Date owner/person in charge given Notice of Violation: July 13th,2007. 7. Date on/by which violation to be corrected:July 31st,2007. 8. Date of re-inspection: August 20th,2007. 9. Results of Re-inspection:Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Coun k ode have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a .ul,lic hearing. Dated this Day of ,2007 c eSnow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER i!i`"/- S worn to(or affirmed)and su• cribed before this '/ day of ,2007 by ) sign. e ofNotary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally lmown or produced identification Type of identification roduced 4UTARY PUBLIC•STATE P 141,,O RD ,,,.,,,,,' K.A. VEDA Riddle N ni ,r 'IN): 29.2 lUU. 1 SAS( BOO B%REV 3-3-05 2. l.iLJC IN UUi uct 4.V iv i V l V'T COLLIER COUNTY CODE ENFORCEMENT `": NON RESENDENTIAL PROPERTY . ". NOTICE OF VIOLATION e' r: J&C AUTO SALES Date: 6/28/07 Investigator KITCHELL T SNOW Phone: 239-403-2493 Zoning Dist I- Sec 11 Twp 49 Rag 25 Mailing: 2374 J&C BLVD Legal: Subdivision Block Lot NAPLES FL 34109 Location: 1701 PINE RIDGE ROAD Folio 00241080009 OR Book 4227 Page 1871 Unincorporated Collier County I CORRECT VIOLATION(S): NOTICE. Pursuant to Collier County Code Enforcement Board You are directed by this Notice to take the following (CEB) Ordinance No. 2007-44, as amended,you are notified corrective action(s) As ordered in the attached Property Maintenance that a violation(s) of the following Collier County Inspection Report/Order to correct violation requirements: Ordinance(s) and or PUD Regulation(s) exists at the above- ®Must comply with all Collier County property Ordinance No. maintenance for non-residential unimproved and Ordinance No. 2004-58, Section 16 improved lots. Subsection(s) ®If owner occupied, must obtain: all Collier County 16 [1][0a] 16[1]0 16[1]® 16 [1][n® required permits; related inspections; and fmal certificate of completion 16[n][3] ® ®2] [i] ®If not owner occupied, must contact a general contractor licensed in Collier County to obtain: all Collier County required permits; related inspections; and final certificate of completion. Supplement attached : Photographs/Ordinance DESCRIPTION OF CONDITIONS CONSTITUTING'1H H: ON OR BEFORE: July 31ST 2007 VIOLATION(S). Failure to correct violations may result in: 6/28/07 1) Mandatory notice to appear or issuance of a citation Did Witness: that may result in fines up to $500 and costs of Property maintenance at the above referenced address prosecution. OR consisting of but not limited to the following: 1)Ground 2) Code Enforcement Board review that may result in sign with panels removed, structure remains. 2) Wall sign fines up to $1000 per day per violation, as long as the with panels removed structure remains. 3) The owner is violation remains, and costs of prosecution. responsible for removing any unauthorized obsolete, non SERVED BY: complying signs. ersonal Service OCertified Mail ❑Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRER 1 bll TO CODE •F% P ail ENFORCEMENT INVESTIGATOR: ICITCHELL SNOW w 2800 No.Horseshoe Dr.Naples,FL 34104 LW—, �I ` ,r, (239) 403-2493 39)403-2343 A► / �,. Sign!' e •1 d T't - o 'ecipient Investigator signs e `r_1 �1 4 OW l VIOLATION STATUS: Pont 130.. ^®initial ❑Recurring []Repeat Dated this day of JULY ,2007 Nntire,of Violation Original to File ('nnv to Recnonde.nt C'nnv for Site Poctinv Cony for Official Poctinv Rev 17/14/0 e>r typi ty COLLIER COUNTY CODE ENFORCEMENT Non-Residential Property Inspection Report/Order to Correct Ordinance 2004-58, Section 16 Location: 1701 PINERIDGE ROAD Date: 7/9/07 Case# 2007070104 Investigator KITCHELL SNOW 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 there regardless of any contract or agreement with any third party regarding such property. r o Description a w Corrective Action Required • AU TI q K ccsu 40... � o d f 3�1 � VO-g- W 1,€�.� , 't40 � ra �r3�. 4�,+. -m' G RA.x i k a F s 1 , 16(1)(a) Structure must be Watertight Weather-tight Insect-proof In good repair n n 16(1)(b) Foundation Watertight I I Weather-tight I I Rodent-proof I�l Adequately supports building f i Workmanlike maintenance/repair 16(1)(b) Exterior Wall Watertight I�l Weather-tight [I I I Rodent-proof Adequately supports building I I Workmanlike maintenance/repair n 16(1)(b)Roof Watertight n n Weather-tight Rodent-proof Adequately supports building of 7 Nnn Recitiential Prnnerty Maintenanrelflr ler to rnrrent Rev 2/5/05 m � ett Description w Corrective Action Required c, >4 OZ A U Workmanlike maintenance/repair 16(1)(d) Rainwater Drained, conveyed from roof No dampness in walls, ceilings, floors, basement 16(1)(d) Lot Graded, drained No dampness in walls, ceilings, floors, basement 16(1)(f) Outside Stairway Constructed to be safe in use Able to support load in normal use Maintained in sound condition 16(1)(f) Porch Constructed to be safe in use Able to support load in normal use Maintained in sound condition 16(1)(j) Exterior Surfaces Protected from decay with paint or other n protective covering or treatment 16(1)(j) Molding or Chipping of Exterior Surface Treated and/or repainted 16(1)(j) Siding Weather-resistant Watertight n �� a i ! !PW�� p�� 16(1)(c) Interior Partition Reasonably tight Workmanlike maintenance/repair U Clean and sanitary condition n 16(1)(c)Interior Wall Reasonably tight n Workmanlike maintenance/repair n Clean and sanitary condition 16(1)(c)Interior Floor Reasonably tight Non_Rr-cirinntial Pmnerty MaintenanreJClrrier to C'on-ent Rev 1/51M 7 of 7 5. Description a" w Corrective Action Required W O AU >4 Z Workmanlike maintenance/repair Clean and sanitary condition 16(1)(c)Interior Ceiling Reasonably tight Workmanlike maintenance/repair n Clean and sanitary condition 16(1)(e) Windows Reasonably weather-tight Watertight Sound condition/repair Secured with proper hardware 16(1)(e) Exterior Doors Reasonably weather-tight Watertight Rodent-proof Sound condition/repair !--■ Secured with proper hardware 16(1)(f)Inside Stairways Constructed to be safe in use Able to support load in normal use Maintained in sound condition 16(1)(g) Plumbing Fixtures Properly installed In sanitary working condition n Free from defect, leak,obstruction 16(1)(g) Water Pipes Properly installed n In sanitary working condition Free from defect, leak,obstruction f l 16(1)(g)Waste Pipes Properly installed n In sanitary working condition Free from defect, leak, obstruction 16(1)(h) Toilet Floor Reasonably impervious to water I I 2nf7 Nnn-Rrcidentist Prnnrry MaintrnanrrJClrrirr to r.nrmnt Rry I /O 255 6. r Description a` w Corrective Action Required o A U ^ Kept in clean, sanitary condition 16(1)(i) Supplied Facility, or Required Equipment or Utility Required by 2004-58 — Functioning, safe, effective Good working condition r . .. t " s �`eit r`kATAc¢A� t-A. 4 " r k� ffi :7 nis2 y7 . ....�� 1-.?� `:li;...�F�''s "21'�t { �M�ky� u„"ys_3av+� ..:..�`3�' � �•A'{S). 1 Y 3. P Xrc,.»?2 A� ,`2^ �� -V"W +X .- .v . �,.: 41,-;-n.* 4. SZi: -1 x 14 -4,i :x 1 ` ,. et,�k�,r :t?.{ h5` fib'.'"T' Ft' T ; J Vii-rz*f a&�»i?" 'iN'z,£,{w4I r rw .gi:� z; �c r �'�' �r. 7�r.�.i�. *.xrss:.�y� k'�. .s,��`«<.� ��a_.+, �"�io�;,<!b��,kau.;.��', �.�n� ,,f�.�«?,�,. .:�;�;C .».�...,,..,:c� :,�....er.,>�,. r?;.,....,, u,,,....�,� �.,..,,<`� �:.�'...:.; ,. .�.�...:-.0 16(1)(k) Abandoned / Unlicensed / Inoperable Vehicles Not in view of general public 16(1)0) Outdoor Lighting Impair safe traverse Shine in eyes of driver/pedestrian Shielded and aimed at owner property No adverse affect on adjacent property I 16(1)(m)Landscape Areas Maintained equal to original approved landscape plan '..- 16(1)(n) Garages / Storage Buildings / Accessory Structures Maintained in good repair Sound structural condition 1-1 n 16(1)(n)(1) Accessory Structure Exterior & Premises (including parking areas and landscaping areas) Sound, clean, neat condition 16(2)(a) Premises (including yards, lawn, courts and driveways) Clean and sanitary condition n Replace dead/dying landscape } Repair uneven/damaged surfaces 16(2)(b)Weeds and Grass Free from excessive growth 16(2)(c) Grading of Exterior Premises Graded for all Buildings, Structures or Lots, Previously Improved or Occupied (except for permitted storm water detention/retention) Accumulation of stagnant water 16(2)(i) Rodents, Insects, and Vermin (with regard to buildings or structures, or lots) Nnn-RecidrntialPrnnertvMaintrnnnr tJClrrirrtoCrtrrrrt 12 nv 3/'R)' 4 of a Description w Corrective Action ction Req o Reasonably free of 16(2)(e) Animals and Pets Kept on Premises No unsanitary conditions n Not a public nuisance n $s"',,;�:�� r%ai'a., .�`I t•'pY�:�i x1 �£ �' 3 �' `'�"�:f `zFCi:, l T ,•.; !^N eti'✓ 5 4FN,�..��:4 .L a l tx'33 6/'. @ Ai Y {y'E�4/ f+`y,N R s g E IYSP .b a"3� r' Y�,s' ;fi# �—f"� z3E � ts. 3,,..•- , „ ,L. F :: 5. 7x/ ,.c"R v J, ' Ts'� 74:4.7 s . i Y,. .,. �'.:?'a.. ... �"':�'�,"C :;.E ��`. .�d ..�r'a": ,at Y. :S...SL'Fr�,�.,..�� rT: `��..,.�, ... 16(2)(k) Materials Used to Board or Secure Vacant Buildings Painted in workmanlike fashion Same color as adjacent exterior walls of building 16(2)(1) Entrances and Other Openings (including windows and doorways) Maintained in a secure condition 16(2)(m) Ground Floor No shattered, cracked, missing, or broken glass y``�y`T(��i ) ! �r$��1 '��'�7�y� ■y'f� 4 K sgigo Y t P E A f F r : 16(1)(n)(2) Signs Maintained in good condition X REMOVE SIGNS Remaining sign structure: sign faces REPLACE WITH BLANK PANELS/WITH PERMIT replaced with blank panels and permit obtained Design and color approved per regulations 16(1)(n)(3) Advertising Structures, Awnings, (and supporting members) Maintained in good repair r<1 REMOVAL OF SIGNS No nuisance or safety hazard p<I EXPOSED INTERIOR OF SIGN Not properly maintained: to be removed REMOVE STRUCTURE Cloth, plastic or similar material on awnings or marquees to be free of tearing, ri••in_, or holes Where removed: supports also to be n REMOVE STRUCTURE removed I Supports left from prior sign removal: to REMOVE ALL SIGNAGE WITH 90 DAYS be removed within 3 months of ordinance effective date (9/21/04) 16(2)(i) Sign Removal Required Obsolete signs to be removed from REMOVE SIGNS,WITH DEMO PERMIT building exterior Non-complying signs to be removed Deteriorated signs to be removed n Nnn-Reciriential Prnnerty MaintenaneelOrrier to C'nrrert Rev 1/5/(15 5 of 7 (f G Description 4( w Corrective Action Required o z AU ^ Graffiti to be removed 16(2)(j)All Signs Maintained and comply with LDC Where removed: wall surface painted in a workmanlike fashion Where removed: painted in same color as adjacent exterior wall Remove shadowing created by removed Sign .;T:iR,o. "ykse°.°° . .• i;�5 t a:.'9.";,'�„*..«,Ff.',. .... t .'..`F,5'/'."£�:.., ...a. 16(1)(n)(4) Barricading in Parking Areas to Prohibit Vehicular Travel Parking bumpers, when installed, must be pinned to pavement 16(2)(n) Parking Facilities In accordance with LDC Stabilized surface Maintained in good condition Repairs to parking surfaces made with like materials Parking limited to designated/striped parking spaces clearly marked No ROW utilized for customer storage or parking; or employee or company vehicle parking No items to be placed, abandoned, or allowed to remain in any ROW 16(2)(d) Unauthorized Motor Vehicles in Vacant Lots Not to be parked in or driven across Parking and driving only in areas designated and approved by the County n Overall Comments: Unn-1 eciriential Pmnerty MaintenanreJ lrrlrr to C'nrrrrt Rev 3/5/115 F of 7 q Nnn-Rrcirirntial Prnnerfv Mai ntenanrelflrrier to rnrrerl Rry 3/S/fK 7 of 7 tiZ3�6>8'�J O�j 4 OCT w. ORDINANCE NO.2004-58 w m�a tt l ORDINANCE ESTABLISHING A PROPERTY `c� S MAINTENANCE CODE FOR THE UNINCORPORATED AREA leta..cLag,e, 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 112: BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r,-: N REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ='- !Do THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING ,='i © FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING •r;,-1-'-; Inc' -0 Fri om COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o�, 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL %^y ro CONSTRUCTION; PROVIDING FOR INCLUSION IN THE y°r i CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County,and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of t ' /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 Iien 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 Ica-TEEN: 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 /2. i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on 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. ri. 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 /3. c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. 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 I. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 , 4016578 OR: 4227 PG: 1871 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/10/2007 at 01:4511 DWIGHT E. BROCK, CLERK CONS 1800000.00 This Document Prepared By and Return to: REC FEE 27.00 DOC-.70 12600.00 Scott M. Ketchum, Esquire Rein: Law Offices of Scott Mt Ketchum, P.A. TIMOTHY J COTTER 692 Goodlette Road North 599 4TH STN #313 Naples, FL 34102 NAPLES FL 34102 Parcel ID Number: 00241080009 Warranty Deed This Indenture, Made this -' day of May , 2007 A.D., Between Andrew Latos, Peter Latos, and Savas Konstantinides of the County of 1 State of New York , grantors, and J & C Auto Sales of Collier County, Inc. , a corporation existing under the laws of the State of Florida whose address is: 2374 J & C Blvd, Napll - ' 09 of the County of Collier , •f Florida , grantee. Witnesseth that the GRANTORS,for and in • ,• = . ion of the sum of �' A,. • - ($10) DOLLARS, and other good and valuable considerati'. to • . ,,1 in an. p.+. i GRA E, .e receipt whereof is hereby acknowledged, have granted, bargained and sold to the said C•A E G'-- + E' "mss; ---4;i: d igns forever, the following described land, situate, lying and being in the County of Col ie• I 1 0 of Fl•rida to wit: I Legal Description is - •ed ere o`;,-s -1A, '4•1, . "A" Subject to current taxes C.:Op. -.ents - _ - rictions of record. The property herein conveyed ►*.3+- olibly constitute the HOMESTEAD property of the Grantor. and Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. /5 OR: 4227 PG: 1872 Warranty Deed -Page 2 • Parcel ID Number. 00241080009 ,— In Witness Whereof, the grantors have hcrew►to set their hands and seals the day and year first above i • Signed,sealed and delivered in our presence: 6 C - 1 `" * ! A0 (Seal) Witness . 1 Signature An. _ • =tor Name Printed: (4aly �'p Ciu-t- }5 P.O.A. �,f 5 Street,2nd ! • ,ria,NY 11105, ..,6--.. (Seal) Witne=i= #2 i �e / r Latos Name Printed: 1 li(p IC k. n P•. •ddress: / (Seal) -11.3.,-/ER R -'14 :onstantinides STATE OF New York COUNTY OF Queens – The foregoing instrument was acknowl-..ed .: .. , =Y , 2007 by Andrew Latos, Peter L- 0- .n. _ - i ; . - who are personally known to me or w h o have. . - ...... - _ 1. ,.s@ as identification. stL iZ A! Pri ' ='Irr Nota l►• •• •$, a.0 ?, -•,' ;�; •.hMARINA ZAPANTIS C-1 Notary PNoublic.02ZA6142293,State of New York Qualified in Queens County Commission Expires March 13,20.L { *** OR: 4227 PG: 1873 Exhibit"A"-Legal Description of the Land THE SOUTH 260.0 FEET OF THAT PORTION OF THE EAST ONE HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,LYING EAST OF TAYLOR ROAD AND NORTH OF PINE RIDGE ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 11,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN NORTH 89°36'00"EAST ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 FORA DISTANCE OF 533.48 FEET; THENCE RUN NORTH 05°09'57"WEST FOR A DISTANCE OF 50.17 FEET TO A POINT OF INTERSECTIO • 1 NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE R• r• . `We % 1 EASTERLY RIGHT OF WAY LINE OF TAYL!L ZI '•! •in •F BEGINNING OF THE PARCEL OF L• • .!:3',.v∎1 DESCRIBED; THENCE CO '1� 1 ` •• • ► °i " 4 ST • ,ON THE EASTERLY RIGHT OF W• 1 ' RO• • FORA '•IS • CE OF 260.90 FEET; n THENCE R E. 1040..t. .-v - 1 SOUTH LINE OF THE SO [ • -. . OF ••.1+ : .• ON 11 FOR A DISTANCE O 1 FEET TO A P01 • E• S 11 OF EAST ONE- HALF OF THE •,110... = ST ONE-QU• • 71;'-' •. r g_t,•UTHWEST ONE- QUARTER OF .. • . ' ST ONE-QU• • •W7 ECTION 11; 0 .., ` - THENCE RUN SO 1'ii:'t rr • I EAST LINE OF THE SOUTHWEST ONE-QU• ''" e► )12- ■ ST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11 FOR A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE ROAD(CR 896); THENCE RUN SOUTH 89°36'00"WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE ROAD (CR 896) FOR A DISTANCE OF 132.62 FEET TO THE POINT OF BEGINNING. .--- /7 ...,--.4.4,4.........-....----.4,-4.,-..............•,- ."-'''..44.....=.' 4. 4 . . 0: •• . , . .--,,,,_4., .,,,,,,,,,_,,„„,_ ,,, _.4„.„,..„,..... . -- • • .. , •.Tf • -' . .-• ,. • 44. . . 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' ,: I Pi i -I , . i ttiii .., \h...., ..-4° ,„... . ......._% . .., .. .„. .,..: 1. ,..,.. .....,..'-i. .., r __::.:•• :1:. • 1.• „.,,...ii, ....,1 - g,. ..... ... •„, - -.m44, W ...._ 414 . ,... P"-- 04. . .414..&....) ...... .„ ...... qr- ,,,-Vt„,„.--4;Tor c 4 ! • • 1. • • ..E• . , -dili ..,....''''".: i vim. yx S ..-iidili . -+ '.. _ • al 1 . • ti n -`i a` �,' ' A.r .�..: 1 7r ti :f '' i I . ' kai .,rat• I i ,•,:t -,. , i • Apr - . - - 1 4,-, t..7.-sw. i v- h t 8 3. k CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-99 vs. J &C AUTO SALES, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 J&C Auto Sales 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,but left prior to 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 1701 Pine Ridge Road,Naples,Florida 34109, Folio 00241080009,more particularly described as(see attached legal)was in violation of Collier County Ordinance 2004-58,the Property Maintenance Code, as amended,sections 16(1)(n)(2), 16(l)(n)(3)and 16(2)(i)in the following particulars: Signs not maintained in a proper state of repair. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58,the Property Maintenance Code,as amended, sections 16(1)(n)(2), 16(1)(n)(3)and I6(2)(i)have been corrected. That the Respondent has paid all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 31Sr day of l.Qij ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kenneth Kelly,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\sday of oc`I'U of , 2007,by Kenneth Kelly,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. KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION#DD 688595 My commission expires: EXPIRES:June 18,2011 Y q4��Qt Bonded Thru Notary Pubic Underwriters ?f,ty` CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy orf.this ORDER has been sent by U. S. Mail to J&C Auto Sales,2374 J&C Blvd.,Naples,FL 34109 this 3 4`s day of()C i -bex 2007. �/% 2 M.Jean R on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 4016578 OR: 4227 PG: 1871 • RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 05/10/2007 at 01:45PK DWIGHT B. BROCK, CLBRI COTS 1800000.00 This Document Prepared By and Return to: RBC FBI 27.00 J DOC-.70 12600.00 Scott M. Ketchum, Esquire Retn: Law Offices of Scott M. Ketchum, P.A. TIMOTHY J COTTER 692 Goodlette Road North 599 9TH ST I 1313 Naples, FL 34102 NAPLES F1 34102 Parcel ID Number: 00241080009 Warranty Deed This Indenture, Made this 1 . day of May , 2007 A.D., Between Andrew Latos, Peter Latos, and Savas Konstantinides of the County of , State of New York , grantors, and J & C Auto Sales of Collier County, Inc. , a corporation existing under the laws of the State of Florida ! whose address is: 2 374 J & C Blvd, Napll � t- ' 0 9 J of the County of Collier Ellbti , f Florida , grantee. Witnesseth that the GRANTORS,for and in . <' -: ion of the sum of TA . . - ($10) DOLLARS, and other good and valuable considerati. to • • ,-I 'c in ban. p:1: ■ GRA E, ■ e receipt whereof is hereby acknowledged, have granted, bargained and sold to the said 4' -N E .. G• -+ E. '• s_ .• d : igns forever, the following described land, situate, lying and being in the County of Col. ie• %of Fl•rida to wit: Legal Description is - •ed ere •,,= s 'J.' , "A" � 1 Subject to current taxe- Or. -.. .nts - C - rictions of record. The property herein conveyed . -��- ; �� P Pe Y y constitute the HOMESTEAD property of the Grantor. and Grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. 15 OR: 4227 PG: 1872 Warranty Deed -Page 2 Parcel 1D Number. 00241080009 In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above Signed,sealed and delivered in our presence: • 60-0144;ltc\-#374 L • • III _atisit (sir) Witness . 1 Signature =tos Name Printed: r a'ic4 QQ (i1�-t-f f 5 P.O.A. :;y 531 Street,2nd •, ria,NY 11105 Allii r (sear) Witne=r- 44,6, e • Latos Name Printed: i p O P a. ddress: JJ __ •nstantinides (Seal) STATE OF New York COUNTY OF Queens - • • The Foregoing instrument was acknowl-•... . . ., , • .1 Y , 2007 by Andrew Latos, Peter L - =n _ - 1 72). T. , _ _ who are personally known to me or who havc. ••*• .. .- - _ — . -,.se as identification. Tom.♦ • No - , r• io �1 ,,, •' • .•ires:MARINA ZAPANTIS 21-/E CV, Notary Public,State of New York No. 02ZA6142293 Qualified in Queens County Commission Expires March 13,20 L. * OR; 4227 PG: 1873 *** Exhibit"A" -Legal Description of the Land THE SOUTH 260.0 FEET OF THAT PORTION OF THE EAST ONE HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,LYING EAST OF TAYLOR ROAD AND NORTH OF PINE RIDGE ROAD, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 11,TOWNSHIP 49 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN NORTH 89°36'00"EAST ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 FOR A DISTANCE OF 533.48 FEET; THENCE RUN NORTH 05°09'57"WEST FOR A DISTANCE OF 50.17 FEET TO A POINT OF INTERSECTIO • I NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE R. r• + : "-'I-y I EASTERLY RIGHT OF ♦ +�-9 Fir WAY LINE OF TAYL!�.;,�,� r. .� . !a�•:in •F BEGINNING OF THE PARCEL OF L• I .L�:++y: DESCRIBED; THENCE CO '11W i ' ► ° •1 " '1 ST • i ON I THE EASTERLY RIGHT OF W + s c ' RO• • FOR A •IS CE OF 260.90 FEET; THENCE R • 'CO. I� •. 't: V I SOUTH LINE OF THE SO ` - - • -_:` ;,` OF ON 11 FOR A DISTANCE O1 FEET TO A PO I • I, OF EAST ONE- HALF OF THE itk•i '. ' ST ONE-QU• • •, r y5j.•UTHWEST ONE- QUARTER OF `IF:Ti s ` ST ONE-QU• ' •'t ECTION 11; THENCE RUN SO O+I• _ A i ., t•II6 EAST LINE OF THE SOUTHWEST ONE-QU• ' '4a;;tWr.I: :i:N!° ST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 11 FOR A DISTANCE OF 260.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE ROAD(CR 896); THENCE RUN SOUTH 89°36'00"WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF PINE RIDGE ROAD (CR 896) FOR A DISTANCE OF 132.62 FEET TO THE POINT OF BEGINNING. /7 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ted Zhi Luo, Respondent(s) CEB No. 2007-100 DEPT No. 2006010225 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5 n CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-100 Dept. Case No. 2006010225 Plaintiff, vs. TED ZHI LUO, 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: October 25, 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: 5401 Mahogany Ridge Drive SERVED: Ted Zhi Luo, Respondent Inv. Jen Waldron, Issuing Officer n 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: 9/10/2007 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.2007-100 vs. DEPT CASE NO.2006010225 Ted Zhi Luo,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(B). 2. Description of Violation:Vegetation removed over the permitted 2 acres. 3. Location/address where violation exists: 5401 Mahogany Ridge Drive Naples,FL 34119 4. Name and address of owner/person in charge of violation location: Ted Zhi Luo 5. Date violation first observed: 1/11/2006 6. Date owner/person in charge given Notice of Violation: February 1st,2006 7. Date on/by which violation to be corrected:March 1st,2006 8. Date of re-inspection: July 18th,2007 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 22nd day of August, 2007 ,, ) Y J Waldron Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw. • (or affirmed)and subscribed before this ° day of ry"�S ,2007 by Jen Waldron. • • / (Signatur- • Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced MARLENE G.SERRANO Notary Public,State of Florida Comm No DD 401145 My Comm expires March 04,2009 Bonded thru 1st State Insurance REV 3-3-05 2, COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S) : ' 4r. Ted Zhi Luo 401 Mahogany Ridge Drive You are directed by this Notice to take the following corrective action(s) Naples,Florida 34119 (1) Hire an Environmental Consultant to complete and LOCATION OF VIOLATION(LEGAL AND ADDRESS) submit, within 30 days, a mitigation plan according to Within Collier County Zoning District: Section 10.02.06(E)(3) of Ordinance 04-41 as amended Sec 09 Twn 49 Rng 26 Subd Blk 18 Lot 0 Parcel 38280960000 to restore .5 acre of property with native groundcover, Of Collier County Record. Property ID: mid-story vegetation, and canopy trees. PUD Tract Unit SDP (2)Within 15 days of mitigation plan approval OR 3140 Page 797 : OR Page installation of plant material must begin. (3)Obtain appropriate building permits for structures AKA(Address) 5401 Mahogany Ridge Drive,Naples,Florida on property that are permissible. (4)Remove non-permissible structure. NOTICE ON OR BEFORE: March 1,2006 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 following Collier County PENALTIES MAY BE IMPOSED: Ordinance(s) and or PUD Regulation(s) exists at the above- Failure to correct the violations on or before the described location. date specified above will result in, Ord No. 04-41 as amended Section 3.05.01(B) (1) Mandatory notice to appear or issuance of a Ord No. 04-41 as amended Section 5.03.01(A)(3)(9) citation that may result in fines up to $500.00 and Ord No. 04-41 as amended Section 3.05.01(B) costs of prosecution. ' JD#s: Ltegulations: OR Sections: (2) Code Enforcement Board review that may result Dated: in fines up to $1000.00 per day per violation, as long DESCRIPTION OF CONDITIONS CONSTITUTING THE as the violation remains, and costs of prosecution. VIOLATION(S). On 1-24-2006 I observed the property cleared of vegetation SERVED BY: in excess of the permitted 2 acres. I observed vegetative ®personal Service ['Certified Mail Posting of Property debris in piles on the property, and several structures that �� L1-s p are not permitted. This is in violation of the Collier County I, , HEREBY acknowledge Land Development Code and Ordinance 04-41 which that I have received, read, and understand this notice of requires permits for all vegetation removal and structures. viola' INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Signature and Title of Recipient ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2488 Fax:(239)403-2343 Print G A O Investigator signature p I Dated this 1 day of February 2006 VIOLATION STATUS: Reference case number: 2006010225 ® ha] EIRecurring ['Repeat Notice of Violation Original to File Copy to Respondent Cony for Site Posting Cony for Official Posting Rev 8/03 3, 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. • fig• . *** 3068809 OR: 3140 PG: 0197 *f* won 1s man ens at !ACLU!CORM, PL WARRANT/DUD II/2012Nt at WHIN DM 1. MOCI, CUM INDIUM.TO 1NDIVm. COIN 121600.01 !tsars a(admit setf+ddrtaad wnpd.mrelopq Ile ni !,0! Nana Aeries T1de Saris IOC-.T! IR.SI P"'`■ dolmas 3723 Taatsai BM Nero tats: Mph..FL 34101 T is bianana hyoid by WDIDY IAN() ARIOI tIm CO Adage 3713 Tamind ts1 Nosh PR I if Nepla.PL 34103 Dowdy Annie=Pseud Nawdtesies(Folio)Nsabatsk 31210990000 Pile Its.: 201090019 SPACE ABOVE THIS UNE*RECORDING DATA This Warranty Deed Made the 18th day of October A.D.2002 by DAVID W.014111tYY,A SR((RZ MAN whose post office address is (many SE /sr or CAg 14- (se.Yt.o hereinafter called the grantor,to TED RIB LUO AND PAING SY LUOt AND WIFE whose post office address is 5401 Mahopay Ridge Dr.,Naples,FL 34119 hereinafter called the grantee:(Wherever used herein the tars "grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of indiviihials,and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the stun 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.11 that certain land situate in Colter County,State of Maids,viz THE SOUTH ISO FEET OF TRACT 10,GOLDEN GATE ESTATES,UNIT NO. 32,ACCORDING TO THE PLAT THEREOF,OF RECORD IN PLAT BOOK 7, PAGE(S) 21 AND 22,OF THE PUBLIC RECORDS OF COWER COUNTY,FLORIDA. .rte,.-.._� Subject To covenants,coodiNais, - - l+ easesneate and asseanents of record,if any tows and aesaeroents for the yaw 241!and •• •and o re'! '- zoning acclimate anther rametioas and prohibitions imposed by governmental ,,, \ Together, To Have and le Hole, the wars in •- ..rig!,; '7a And the gnmtor hereby coveomu th 1 T - of said land in fix.in rk;the the /eatttnt ha good cod LvrlW r the tide to said Led and will def nd the same spinet the Lwhd ._ In Wilmot Whereof, the said panto , - and sealed these• yam Out above**tea SSW. •and - - In the presawe at sf otorsnetwe Printed Now E `B-A.11ri � s Printed STATE OF FLEMSDAo4 • COUNTY OF sal • The foregoing instrument was acimowkdged before me this 18th day of October,2002 by DAVID w. GENTRY,A SINGLE MAN who Ware personally known to me or who has have produced DRIVER LICENSE as identification and who DID NOT take an oath. Notary Public,Site and Cowity Aforesaid OFFICIAL SEAL RHONDA 1.MEYER • 2? NDTART TEOFS SMOG S 6 41111101;11091 9414004 ileitionry Sipatwe • N- My Caner a • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-100 DEPT NO. 2006010225 Ted Zhi and Peng Sy Luo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, '� -7� 2 Lc,- 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 2006010225 dated the 25th day of October, 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 October 25th, 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 Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $449.41 incurred in the prosecution of this case. 2) Abate all violations by installing all plant materials in accordance with mitigation plan which was accepted by Collier County that was prepared Ramsey Inc. and dated April 21St, 2006 Ramsey Inc. which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The respondent is required to establish a monitoring program (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. All plant materials must be installed in accordance with the mitigation plan within 30 days of this hearing or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. h�`fl Res ndent �� Michelle Arnold, Direct r Code Enforcement Deportment----7 REV 2/23/06 �.� /0 �a 4- 0 —7 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-100 vs. TED ZHI LUO, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 Ted Zhi Luo 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 5401 Mahogany Ridge Drive,Naples, Florida 34119,Folio 38280960000, more particularly described as The South 180 Feet of Tract 18,GOLDEN GATE ESTATES, Unit No. 32, according to the Plat thereof,recorded in Plat Book 7,Pages 21 and 22,of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B) in the following particulars: Vegetation removed over the permitted 2 acres. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)be corrected in the following manner: 1. By installing all plant materials in accordance with mitigation plan which was accepted by Ramsey Inc. and dated April 21,2006, Ramsey Inc., which meets the criteria stated in 04-41,as amended, Section 10.02.06 E.3. By establishing a monitoring program(10.02.06E.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. All plant materials must be installed in accordance with the mitigation plan within 30 days(November 24,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 24, 2007,then there will be a fine of$200 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$449.41 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 I day of OCk ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: _ Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.- day of rc-bber , 2007,by Kenneth Kelly,Vice Chair of tyCode Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. --AI Kui....itc-v:st---tul--m--, ,,,,,, 0,.!,,,. KRISTINE HOLTON NOTARY PUBLIC •` MY COMMISSION#DD 686595 = My commission expires: j�r..t' EXPIRES:June 18,2011 li n: JTf,th Bonded ihru Notary Public Underwriter, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ted Zhi Luo,5401 Mahogany Ridge Drive,Naples,Florida 34119 this 31 Sr-day of Qomi -iye y,'2007. State 0 roal t x �27 i 7,ounty of COLLIER -;---.0. _ ` M.Jean R n,Esq. Florida Bar No.750311 I HEREBY CERTIFY T'i,11 rc...3 is a t ' e of Attorney for the Code Enforcement Board `,� ^orrect co 7y "'`- 2n 400 Fifth Avenue S., Ste.300 ::iced Mt;, ,yr ..j,: • ', g'-ai County Naples, Florida 34102 (239)263-8206 JEE'; rfs 7 ,i , y t : 1 day of l DWIGHT E. BRUE.K, CL +C OF COURT .31144.4sit BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-100 DEPT NO. 2006010225 Ted Zhi and Peng Sy Luo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, j "71) iC j 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 2006010225 dated the 25th day of October, 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 October 25th, 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 Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$449.41 incurred in the prosecution of this case. 2) Abate all violations by installing all plant materials in accordance with mitigation plan which was accepted by Collier County that was prepared Ramsey Inc. and dated April 21st, 2006 Ramsey Inc. which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The respondent is required to establish a monitoring program (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. All plant materials must be installed in accordance with the mitigation plan within 30 days of this hearing or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. —29/ 10fyrirl,&,z h X19 Res ndent _ Michelle Arnold, Direct r Code EnforceiTnt Dep rtment REV 2/23/06 n �`d COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Osprey's Landing LTD, Respondent(s) Ken C. Bishop, Registered Agent CEB No. 2007-102 DEPT No. 2003010932 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 2007-102 Dept. Case No. 2003010932 Plaintiff, vs. OSPREY'S LANDING, LTD, RESPONDENT KEN C. BISHOP, REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 104 Osprey 's Landing SERVED: Osprey's Landing, LTD, Respondent Ken C. Bishop, Registered Agent Inv. Susan O'Farrell, 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: 9/10/2007 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.2007-102 vs. DEPT CASE NO.2003010932 Osprey's Landing Ltd.,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): 04-41The Collier County Land Development code,as amended,section 3.05.10(B and C) Operational Requirements and Application to existing lakes in regards to Littoral Shelf Planting Area(LSPA) 2. Description of Violation:Required littoral plantings on LSPA are deficient and failing. 3. Location/address where violation exists: 104 Osprey's Landing Naples,Florida 4. Name and address of owner/person in charge of violation location: B and C Corporate Services of Central Florida,Inc.Registered Agent for Osprey's Landing LTD 390 N. Orange Ave. Suite 1100 Orlando,Florida 32801 5. Date violation first observed: 1-22-2003 6. Date owner/person in charge given Notice of Violation:July 9'2007 7. Date on/by which violation to be corrected: August 16,2007 8. Date of re-inspection: August 16,2007 9. Results of Re-inspection:Violation Remains 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 August,2007 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA ,( COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this /0 day of aL2007 by Susan O'Farrell ,• e +f No Pu (Print/Type/Stamp ommissioned Name of Ni NE G.SERRANO (Sign.... ��) ( � p tary�ubtic,State of Florida n Personally known or produced identification Notary Comm No OD 401145 Type of identification produced My Comm expires March 04,2009 Bonded thru 1st State Insurance__ REV 3-3-05 G . NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S): en C. Bishop,Registered Agent for You are directed by this Notice to take the following and C Corporate Services of Central Florida, Inc. corrective action(s) Registered Agent for Osprey's Landing Ltd. Replant required littoral plantings on lake bank per 390 N. Orange Avenue Suite 1100 attached approved excavation plan. Do not plant Orlando,Florida 32801 immediately adjacent to control structure. Eight percent or 144 linear feet must be replanted in 3 strata with at LOCATION OF VIOLATION(LEGAL AND ADDRESS) least 3 different species of legally obtained littoral Within Collier County Zoning District: PUD vegetation. No single species shall account for more than Sec 06 Twn 50 Rng 26 Subd Osprey's y percent. Landing BIk Lot Parcel ON OR BEFORE: August 16,2007 Of Collier County Record. Property ID: 00400640002 PUD Tract Unit SDP OR 1986 Page 1768 : OR Page PENALTIES MAY BE IMPOSED: AKA(Address) 5005 Davis Blvd.Naples,Florida Failure to correct the violations on or before the date specified above will result in, NOTICE (1) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No. 07-44, as amended, you are notified costs of prosecution. that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. OR /*"..\-)rd No. 04-41 as amended Section 3.05.10 B and C (2) Code Enforcement Board review that may result Ord No. Section in fines up to $1000.00 per day per violation, as long Ord No. Section as the violation remains, and costs of prosecution. PUD#s: Regulations: SERVED BY: Personal Service ❑Certified Mail ['Posting of Property Sections: n Dated: I, I1�1 C 66 SS 4 ,J , HEREBY acknowledge th t I have received, read, and understand this notice of DESCRIPTION OF CONDITIONS CONSTITUTING THE violation. VIOLATION(S). ,, Required Littoral Shelf Planting Area is missing required >gn. e • d Title of Recipient plantings. -7//4/-07 "'Print INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Susan O'Farrell Dated this 9th day of July 2007 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 659-5754 Fax(239)403-2343 Reference case number: 2003010932 Investigator signature 51„. P� 1 VIOLATION STATUS: ®Initial DRecurring DRepeat n Notice of Violation Original to File Cony to Recnnndlent Cony for Site Priding C'.nnv for Official Poctine Rev R/O r3. COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.10A.1. 3.05.10A.1. C. Shelf Planting Area and contain specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other activities that will kill the vegetation.The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and, otherwise comply with section 5.06.03. A minimum of two signs shall be provided to mark the extent of the LSPA. Maximum sign spacing shall be 150 feet. 7. Required information. The planting plan for the LSPA shall provide the following information: a. Calculation table showing the required area(square feet)for the LSPA and its percentage of the total area at control elevation (NGVD); b. Control elevation (NGVD) and dry season water table (NVGD); c. Maximum water depth(feet)and estimated number of months of flooding for the range of planted elevations within the LSPA; d. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; e. Planting locations of selected plants. B. Operational requirements:Littoral shelf planting areas shall be maintained according to the following requirements: 1. Eighty percent vegetative coverage of the LSPA is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the LSPA will be counted towards this coverage requirement except as required per section 3.05.10 B.2 below. The LSPA must be kept free of refuse and debris. 2. Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in this section 3.05.08. For the purpose of this section, nuisance species include those species listed as Class I and Class II Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code.Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage of the required LSPA area. C. Application to existing lakes.All previously approved projects requiring littoral plantings shall meet the operational requirements set out in 3.05.10 B. above. 1. Projects with previously approved littoral planting requirements constructed accord- ing to standards required at the time of approval, that do not meet the operational requirements of 3.05.10 B., shall meet the current standards subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; Supp.No. 1 LDC3:44 4 RESOURCE PROTECTION 3.05.10 A.1. C. 3.05.10 A.1. C. b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in section 3.05.10 A.3.The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2. c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.05.10 A.4.shall not be required. Re-grading of existing slopes will not be required; d. Plant selection and specifications shall conform to section 3.05.10 A.5; e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6.; and f. A written assessment and site plan shall be required if it is determined by the assessment of the lakes that the new littoral shelf planting area will differ from the approved plan of record. 2. For amendments to approved excavations where the proposed amendments will modify the previously approved lake shoreline or increase the previously approved lake area, signage of the planted littoral areas shall be required subject to section 3.05.10 A.6. a. For amendments that modify less than 20 percent of the previously approved shoreline but increase the previously approved lake area,only the additional portion of the lake shall be used to calculate the additional LSPA area using the percentage requirements of 3.05.10 A.1. (See figure 1 below) This additional LSPA shall conform to the design requirements of 3.05.10 A. b. For amendments that modify 20 percent or more of the previously approved shoreline,the total lake area shall be used to calculate the LSPA area using the percentage requirements of 3.05.10 A.1. (See figure 1 below)The LSPA shall conform to the design requirements of 3.05.10 A. Supp.No.1 LDC3:45 5 500K lYtio -rage 1 lob 1 ug,+ 1 VI. 1 arena IL* • • Mel= LH /—"-■ XC•.II .75 Prepared By and Return To•. JAN E. SLAT R., P. A. Broad and Cassel 13stnett Bank Center P.O.Box 4961 Orlando,Florida 328024961 pera+w,N,p Papal..Odnr CDIRECTIVE WARRANTY,DEED THIS CORRECTIVE WARRANTY DEED is made and executed the L - ,day of September, 1994,by JAYELL COMPANY, a Michigan general partnership,a/k/a JAYELL CO.,a berchigin general partnership,and PETER C.COOK,whose adched is 8420 Abbington tick, 5-36, Maples, Florida 33963, hereinafter referred to as 'Grantor,' to OSPREYS CCP LANDING,LTD.,a Florida hunted partnership, whose address is 482 Thirteenth Avenue, South,Naples,Florida 33940,hereinafter referred to as•Grantee'. .-a g I I WITNESSETH: g THAT Granter,for and in�tµYtiioon,of the span of Tam Dogma($10.00)and other ran valuable,receipt whereof is hereby acknowledged, grants,bargains,sena, aliens, rte, releases, conveys and confirms unto Grantee all that certain land situate in Collier County,Florida,to-wit: en The East Half(Ti 112)of the Southwest Quarter(SW 114)of the •• .• m Sow Quarter(SE 114) of Section 6, Township 50 Sapp. co Range 26 Bast, Collier County, Florida, less and exaptitng the South 75 fed thereof,previously deed to Corr County for road PorPoses- ii Property Identification Number: 00400640002 a The property conveyed herein does not constitute the homestead of any of the grantors referenced herein. THIS CORRECTIVE WARRANTY DEED is being filed for the purpose of co rreciing the following matters which are incorrect in that certain Warranty Deed from Jaye Co. and p Peter C. Cools, to Ospmys Laad'tag Limited Partnership, recorded in Official Records Book 1894,Page 633,Public Records of Confer County,Florida,as follows (1)the proper name of the Grantor was incorrectly an forth as Jayell.Co.,and did not include whether the Partnership is a general lartnenhip or a limited partnership, and did not include thee state in which the Partnership was organized and is czlsthrtg;(2)the proper name of the Grantee was incorrectly Y "r,•.tr, ;�'�'1 '„'too`�t_•. ..1 1;q�*• t. '�} ai,• 4! 'ff- }-4....A4( .- . .• • http://www.collierappraiser.com/viewer/Image.asp?ImageID=230306 8/16/2007 « .f.. "ti R€ 4 3 _• • " SSN?. 1 1 . .. , . 2 g * • � ky� � � to i� r� � • .. . ,....,_ --: . ,..44,1, .•...7.....„---,..r..,,,,• --47.,:05:7-....if.. 1;;.,...,... 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R , .. a fi ms`s,: ,i .,, - � , + a' _ ,...,1,,.,„,._,. .7. __.„,,,,, _ .._. . __Iir.. .... .:1,.;,i.3,-.„..:,.„ %-•-•.,,kiw..--,4,,. -.r,......, ',., -'..,i. -....!..1...„..,..., -..--.----4,-...4:.7...;te, ---, ,--.,:- e V 4'1 ' y _ i.- .'� : `#y ry ~ o f 4 F .) f r to -_ v `;t r ; ,• , • ' d. • M _ . • d a # e _ ?i •.a is' 'i r' . { • fl‘ • • r • • • ti t+ r • i• „:.i: =, israliviiii j law ,,,:,,:,,„,,-,,--,,.::::i.,:::,_.,,, . . 4:.-j"--:Iv. ,,, ...,,,....,rwil.51.' . ` r k ,,.,—r:„.1....,..7--,-4- �- °„ ,,. + �., . x 4 r t St � . - p 14, :I r ' fin., P 0 �*� i t -s„. ' f I •Got *' P� • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-102 vs. OSPREY'S LANDING LTD, Ken C. Bishop,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 October 25,2007,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 Osprey's Landing 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. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 104 Osprey's Landing,Naples, Florida,a/k/a 5005 Davis Blvd.,Naples, Florida, Folio 00400640002,more particularly described as The East Half(E '''A)of the Southwest Quarter(SW ''A) of Section 6,Township 50 South,Range 26 East,Collier County,Florida, less and excepting the South 75 feet thereof,of the Public Records of Collier County,Florida was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.10(B&C)in the following particulars: Required littoral plantings on LSPA are deficient and failing. 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 3.05.10(B&C)have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$1,533.30 within 30 days. That the Respondent shall submit a maintenance plan to the County within 30 days(November 24,2007). 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 t S rday of ()C;1 ot ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA __ _ BY: ��- Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this3is day of t.DC40\D 1- , 2007, by Kenneth Kelly,Vice Chair of tl a Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/ who has produced a Florida Driver's License as identification. E 5 ll 1.ti�5? Ar� �� 00,"' p 65 ~� 40: to ovolss 0'"e AB,VA NOTARY PUBLIC :<: v� My commission expires: :,a;. ftft flt° undo CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ken C. Bishop, Reg. Agent B&C Corporate Services of Central Florida, Inc.,390 N.Orange Avenue, Suite 1100, Orlando,Florida 32801 this,' day of Oc b,,,-;2007. Mg"--41---1, ..-&-- -.1----C-ti—A,,_....- M.Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples, Florida 34102 :itYBRl;3 (239)263-8206 �ounry of COLLIER I HEREBY CF RT1 F? THAI' his 13 a true a1't0 correct cope , ' oor `F1 n '. ' :,:ar County rtiNESciSayrU;NO.,- UdY1 _C.4 *01 DWIGHT E. BROCK, CLff.Zi( OF COURTS .alalsiLm4gtelig6mm • • , • • „ 3> I " fix ' :kY. • • is • r�""" ti h • • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Aloha Pools and Spa Corporation, Respondent(s) Timothy A. Cooke, Property Owner and Registered Agent, CEB No. 2007-104 DEPT No. 2006120292 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-9 Deed 10-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-104 Dept. Case No. 2006120292 Plaintiff, vs. ALOHA POOLS AND SPA CORP., Respondent TIMOTHY A. COOKE, PROPERTY OWNER AND REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 2237 3 & C Blvd SERVED: Aloha Pools and Spa Corp., Respondent Timothy A. Cooke, Property Owner and Registered Agent Inv. Sherry Patterson, 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.2007-104 Vs. DEPT CASE 2006120292 ALOHA POOLS AND SPA CORP.,Respondent(s) TIMOTHY A.COOKE,Property Owner and Registered Agent 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 of the Collier County Land Development Code Sections 1 0.02.06[B][2][a], 1 0.02.06[B][2][d][ix] 2. Description of Violation: freestanding sign without required permit,no permit number affixed. 3. Location/address where violation exists: 2237 J&C Blvd 4. Name and address of owner/person in charge of violation location: Timothy A. Cooke,as property owner and registered agent for Aloha Pools&Spa Corp. 5. Date violation first observed: 11-13-06 6. Date owner/person in charge given Notice of Violation: January 17,2007. 7. Date on/by which violation to be corrected: February 5,2007. 8. Date of re-inspection: August 16,2007 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 ove-described violation continues to exist; that attempts to secure compliance with the Collier County Code h. e f " d as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a •,41>i;t ' g. Dated this 20th. Day of September,2007 Sherry L.Patterson Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 20th day of September ,2007 by Sherry L. Patterson. • , MARLENE G.SERRANO (Signa i f Notary Public) (print)/ye ublic,Slate of Emioned j PMRlii [DAD' h 04,2009 Personally known V or produced identification Bonded thru 1st State insurance Type of identification produced REV 3-3-05 2 , Case Number 2006120292 l COLLIER COUNTY CODE ENFORCEMENT 5 NOTICE OF VIOLATION Owner: TIMOTHY A,COOKE Date:. ;.-.1-9-07.-- �- Inveatigator .SHERRY L.PATTERSON " ""1 ' [i'ROPERTY OWNER] Phone. 239-403-2314 TIMOTHY A COOKE AS REGISTERED AGENT FOR: ALOHA POOLS&SPA CORP. [BUSINESS] Zoning IMPROVED Sec 11 Twp 49 Rng 25 Dist INDUSTRIAL Mailing: 2237 J&C BLVD. Legal: 100 Block 125 Lot .000 NAPLES,FL 34109-2049 Subdivision 2237 J&C BLVD. NAPLES,FL 34109 Location: 2237 J&C BLVD. Folio 245560004 OR 3951 Page 1279 Unincorporated Collier County Book NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35,as amended,you are notified that a violation(s)of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) the above-described location. OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR DESCRIBED SIGNS,IF ATTAINABLE,OR REMOVE. Ord No. 04-041,as amended Section 5.06.06[L] REMOVAL IS TO INCLUDE ALL SUPPORTING STRUCTURES. Ord No. 04-041,as amended Section 5.06.06[N] ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS OF ISSUANCE OF AFTER ®Ord.No. 04-41 ,as amended Section 10.02.06[B][2][a] THE FACT PERMITS. P''ard No. 04-41 ,as amended Section 10.02.06[B][2][d][ CEASE ALL FUTURE PLACEMENT OF SIGNS OTHER THAN THOSE ix] IN COMPLIANCE WITH THE COLLIER COUNTY LAND L1vrd No. 04-41,as amended Section DEVELOPMENT CODE AND/OR THE PROPERTY MAINTENANCE DOrd No. ,as amended Section CODE FOR COLLIER COUNTY FLORIDA. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). rlSuppfemental attached Did Witness: ON 11-13-06 1-PORTABLE SIGN FOR:HEAT PUMP SALE ON OR BEFORE: FEBRUARY 5th 2007 1-SNIPE SIGN FOR:HELP WANTED/ALOHA POOLS Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that 1-FREESTANDING SIGN FOR:ALOHA POOLS&SPA/GRANITE PLUS may result in fines up to$500 and costs of prosecution. OR WITHOUT PERMIT. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation,as long as the violation remains,and THIS IS CONTRARY TO THE PROPERTY MAINTENANCE CODE AND costs of prosecution. TO THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND , MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: VERBAL WARNING HAS NOT RESULTED IN COMPLIANCE. ['Personal Service Certified Mail DPosting of Property OFax �` 11 ❑Mail (Supplemental attached INQUIRIES AND COMMENTS SHOULD BE •IRE % O CO Signature and Title of Recipient ENFORCEMENT SH -A ON INVESTIGATOR: 2800 No.Horseshoe Dr. Naples,FL 3. "I- Print (239) 403-2314 /a". '39 03-2343 / Dated this 9T" day of JANUARY 2007 Investigator signature LATION STATUS Initial ❑Recurring ❑Repeat Notice of Violation Original to File ('.onv to Recnnndent Cony for Site Pnctina ('nnv for Official Poo ne Rev 4/04 ?UU6 U8J3U UUU4 ?520 4851 ■ ■ a r ca C E _, ;m a o 0. o Do �m 0 Z 0 y c o R. ro �� m� ° O C 3 n z N n m n �'3 -m T. a Za. m� m a 3 611 CD w � N� o , ..ow� a� - 3 3 -..1 N roW00 cos c m a _ x a .E- •2 c•, n m _ Py. :CD 0 m ..a pni ZNgO am gW m ca ° �..m.S o- p 4 ml Q, 0 H . o y mmm 1 m CD roWOO m m m m O 2 r � r v °c= a- (D t-' ---1 _ 3_.d6. N m : N Wb] � H o 0 avN m. Z v' � ros e _G o Q o � C k 13a DD CT - o rn o0v m n m co � a OOH z. C DC9 p p r-o VD y 3Xnn) 0-, 4 1 r C7 r c. y r- , _ 0 c to En O fQ p O N �d N aO ay P17 N WCDyyH f d ! SO i0 a ,'rJ m D = m o ti•o r C Z � o N Lo n \ 3 o m m o 0 01 otiE:i lIIRrj co m ob °' c < a1 Z n N O >^ tH m Q I • \ .� N N on O Jy ! '61' -___; 77 "C w • j , - ; a f0 y N G7- v a am v m E +Q' i c...... 0 m a m m a 0.m ,�� C, ❑ ❑❑ H kohl.nm �c a = 2 2 g gli 1 ° co -o O 4: m, ES' ift o. ❑ t a ❑ ■ CO 00 CD "....\ v a � a < to CT CT m , C m m m C z m • 0 Cl) CD N co y p - ¢. -CO 0 0, = �. °m"v al mm m.. 3 • s ■ ;� moo mmm h ? ` .....,< wwm•�o m•wo oo$ �_mmmo -'00 0 , � c�Jt£� � i``3 a�amm3g o cmo^ °' muZic �- tSc �� 0 m- v a '+' orlpvw goo- mu,�oaSec �yomc3Q . "S tg ry. 3 _ >Hti o3 a myo�v70.m mm � m� co r-r ( (D Mme o°� �o c3oP= omit $ A? a'd. 4^, i� W 6,• 0•cs mom 0==Roo m m a COD. CS a ae- a cy -am m�..cm co < Z Ao a CC �� -nmn w°a no) X33_3, o.< m _< v c o. _ t� f� �� o�m m m �m mm°ym mm °' a v c■ (n --- r..6— y °. �.�m C3 m i C 5D m m '� 3 �: P° v - 0.0m 0. Tim=.a) mm 0 3 S a ya mx•-, • F.--3 n�mc�� °- m o Vm P its)._ N oam� mwG o�w3o °�� 5p y r ' vim m�� 2m 3$yro3 �nO y f m oma mm xcCo01,3� ^< o 2. co:. .pm A- O.y. Q' m0 l7 Crj 51 I m� Syy og om�mm fig; 6 m m a� °3� m �c?roam fig; 6.5 o q)• � q �o ywa .,.1:0 a Go 6'0m mg y w I qty�^' 9 roo l7 m -= o' �i ° a CD com m,., zmcwM• n °-' m co g X r 114 o°m c my m m am i5"-o z y �' w I • El -- f F• 3O ID Om ma ' y�m < if,- - O on=coo cm vi=� mm Fm m o m En a E. am m m«D'' .g E ;a F za K w? go �.0 3� -1 w LL - mR m�m3° o a a• A 10.02.00 APPLICATION REQUIREMENTS Page 1 of 5 10.02.06 Su ' tal R ' .. .. .�...Y �� rements-for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action 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, http://libraryl.municode.com/newords/DocView/13992/1/66/68 8/16/2007 10.02.00 APPLICATION REQUIREMENTS Page 2 of 5 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless bestial! receive a written order from the board-of` nittg`appeoltin-chit formmofi.an`administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans_and.specifications approved by the County Manager- or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library1.municode.com/newords/DocView/13992/1/66/68 8/16/2007 10.02.00 APPLICATION REQUIREMENTS Page 3 of 5 permit where the development proposed requires a building permit under this � s an_d development Code or other applicable county_ regula#iQn$. Exceptions to went May be—granted-15y f e`Count'y Vaneger or'his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. _ ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. http://library l.municode.com/newords/DocView/13 992/1/66/68 8/16/2007 .7 10.02.00 APPLICATION REQUIREMENTS Page 4 of 5 d'. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocates altar 4r- change the sign ,copy of any sign under _the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.J,Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any _ such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or http://library l.municode.com/newords/DocView/13 992/1/66/68 8/16/2007 10.02.00 APPLICATION REQUIREMENTS Page 5 of 5 relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. http://libraryl.municode.com/newords/DocView/13992/1/66/68 8/16/2007 3753840 OR: 3951 PG: 1279 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/20/2005 at 12:51PK DWIGHT I. BROCI, CLIRE ..8$C FE - 1850-.: . - ,, � . COPIES 2.00 __ KISC 1.50 Retn: TIMOTHY C00EE 5141 PAKETTO WOODS DR QUIT CLAIM DES FL 34119 This Quit Claire Deed,executed this� ' day of November, 2005,by BATINA L.COOKS,new known as BATINA L.COOKE-HOUGHTALING(hereinafter referred to as"Grantor"),to TIMOTHY A. COOKE,whose address is 2237 J&C Blvd.,Naoles,FL 34109(hereinafter referred to as "Grantee'). VbTTNESSETH, that the Grantor, for and ix-. consideration of the sum of $10.00 snd other valuable consideration,:et hand paid by the Grantee:,the r •• aci`nc�iledged, does hereby remise,release and quitclaim unto the Grantee forever,all the ;- . •• - II d which the Grantor has in and to the following described real property,located n) An er County,Florida Lot 44,J&C •d `''-., e1R.'• T•e N•rth half r 1111191111111191111111' Ili I of Section 1, 'o•� s•'• • �r � •`. 5 1 .s 5 parncularly d: : • . a... ._r t the}e • comer of Section 11, t • . .'p 49 South,Rang.-,5 Ea t,Cyn Ir County, Florida; • ;S.. ong the West line •,` :'• Se - . 11, N 0 degrees 10'36"Ii' .95 feet to the cent • . lib, d;thence along said cen =3 degrees 28' 18"E 9 feet:fin a- Place of Beginning `te, _ West 186.44 feet;Thence N 89 degre 6fij`l as '-'1. i e ee;Thence South 0 degrees 31'42"East 186.50 ec • sat. centerline;Thence S 89 degrees 28' 18"West 100.00 feet to the Place of Beginning;being part of the North half of Section 11,Township 49 South,Range 2.5 East,Collier County,Florida;Subject to a drainage easement over the Northerly 15.0 feet with the Sorherly 35.0 feet thereof reserved as road right-of-way for public ingress and egress, The subject real property is not the homestead property of the Grantor nor contiguous to the homestead property of the Grantor, Grantors homestead property is located at27888 Forester Drive,Bonita Springs,Florida34134. Subject to restrictions,reservations and easements of record and taxes for current and subsequent years. n To have and :e hold, the same together with all and sir giiar the appurtenances thereunto belonging or in anywise pertaining,and all the estate,right,tide,interest,lien,equity and claitr whatsoever of the Grantor,either ir.law or Page 1 of 2 F0/TO 3EVd X:dI3'I ra3INV-1 SSO8 LZ::97_-Z9 -EEZ 92:VT. 5002/E©it: • /t? _ *** OR: 3951 PG: 1280 t** in equity,to the only proper use,benefi:and behtif of the Grantee forever. IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the thy and year First above written. Signed,sealed and delivered in our presence: 1 ess#1 for.$ L.Cook n BATINA L.COOKE Printed Nuns j /v/IL 66 7'e .ERC , Amor Witness#2 for Ba.••. L.Cooke/ • Prin>< vsm��c jj ��y / /� STAT24 FLORII.'fA/14 ` ie j w i COUNTY OF COLLIER , Before me p...:... I - •......_..-►1mrs /Es fir ,'sa`� •�m or identified p-Sd3' to me Florida Drivers License • �--v by being sworn and under oath given xecuted the fore , s - person described ecl o n in and who, that she executed said instrument for the .'!'!- 5ss tnirr at, °G'l` to and before me that ,,yy��, yes therein express • ' WITNESS by hand and offi•- ; the 3-1 day• •'• ... 2005. [SEAL OR STAMP] Q-c;, _ C11 NOT -Y PUBLIC ,p9r LUDWIG J.ABRUZZO /I - MY COMMISSION# DO 243618 ?pF c■O4' EXPIRES:October 18,2037 1-8o03-NOTARY Fl Notary Divarn Assoc.Co. THIS INSTRUMENT PREPARED BY AND RETURN TO: J.tltoa Taylcs,Ecgnir: 2272 Aipast Road Souzb Site JO: Naples,Florida 34:12 Tdephor ;239/775361! Pacauti1e 239/7740028 WCTHOIIT OPINION OR BENEP1T OF TITLE EYAMNATIoN THIS DEED IS BEING EXECUTED PURSUANT TO A DARTTAL SETILEAENT AGREEMENT AND FINAL JUDGMENT OF DISSOLL'1TON OF MARRIAGE ORDERING TRANSFER OF THE AFOREMENTIONED PROPERTY Pape 2 of 2 Z0/Z.Q 3Dt'd N,2lI3U C13IN101 SSOa LZ9Z-Z9Z-6EZ 9Z: •T S - 007./E0/I; f7 .. . . .. . . , --- --. . , , ..,......., ,,,...—..:„,,.. . ,* %. .... :,- '...A01,,,,e4grArAl,...-AU-'' .,.., 4. , . ,, ,.( ..„_.L.--_,..„..... ,: .-,.',.'..-!.; t-i :L' ---..-:Arial ras.N-1:;,.41.1.. .. , -. -. . -. • . .,.„.. _ , . . . , .„..., , . .. .. kt-,.,... . - ' -i-....-.„--. • .,_ .r- • ,4..- - .- - &\ , .- .0iii.l...' .- -. - .1!,..:54,e,,,t.:10, .- ' • '4'.'••• .. --.."41111/111........ 1111 l';'li,fit..•±..„:0€'jl.',S. I. NP 1 :;..... . - ' '''. .. --::''''.."jr-; •,,,, iir-7------ , ,'-. ',- . . . .'' ' 4/:,..-; A, '' .• . -7- ippbanum Ivo it _1 ti . , r ' , - , , - - • 4 • - . , -----7----, . -,-..;:k..!::- N - ''t ' --. - 7. , „.,•° .,,1,„ e •Ailli - .• - . ,.... /4... ' • : - _,/..6...41,.........---_-_, ' . ..":-....:,..- I _. . c ... ..,-..i ,.._._„. , . ..., , 43 z LLI 0 = C%I 0 I•1•I=10 = CO 4•141111141 4 , - - 11.: a:, ti skottimi .., x. I-- co \LI iti = stv. 0 CL = Car ... .-. , 1 = CM w w Ili 13 41°V) E42 ril Cr4 CX:0 4- ‘:2(:: * CO ca CC \ ' kit L rill ,„11 • La 121 ,,'. ' L')''''''''!.Aai, - 411116a Ilkft. ...1 r•-)--. cr, g,i * CI ....... kkd '' • ;- ' -1 44;t, IZ, Oa VII agic., I o r4g we co) Cri cl- 1 4z• go c5)) Ito es o . .... c., c.a .......0 (\Am, .., ••■■■••• 12.,. *1•11-G Camp W•1.. ,\ 11 ...,. \ i ....--, I ,' . 1 . ..... . , ... 1 .Lf, ftij • - i , :9 i .- ,,, . , . , ,, ' .".3 ) 0 I. ---- : f ‘.. )f 7 ' . , . . ! "r"' - . '41411f•f. - i NI ill ..- , c\i ......„ „ . A... i - - - i r-- ...... ......i.%,.. 0 7. .....0 1,. ...• ,-. --- N.. . .. . . .6.. . }. 6. 41.1 6 , , \l, ! k c,\•6s -"-7,'„,.: .;,-,-,.::. • ,, ' ''': 1 ''' '14'''''''''' V P 11,..'5,' .' ' ft-'4 .- '';''• 1.-• ' ,o'i ,-„," . i:iit . - t•.: ee. • ,..t.:. e .. .... 4....,T-..,,, 9,, •ki'-.,,,,...', '' r, , - :-.,. , f-,''''''',', ) ,''''' 1-: - 5 5 7 , ■. ',. .!' f ' ' i r I li I it ! \ ' I 1 i r ' , ,,....:... ., , i'•,,*:.';:i..,, ,...:=- . ,...., ,. ..., ,...., 1471 r'll. tf) 9,--- r--- , .1" N a , .... . N.. ,<. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-104 vs. ALOHA POOLS AND SPA CORP. Timothy A. Cooke, Property Owner and 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 October 25,2007,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 Timothy A.Cooke 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,but left prior to 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 2237 J&C Blvd,Naples, Florida, Folio 245560004 more particularly described as(see attached legal)was in violation of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(2)(a)and I0.02.06(B)(2)(d)(ix)in the following particulars: Freestanding sign without required permit,no permit number affixed. 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)(2)(a)and I0.02.06(B)(2)(d)(ix)have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$335.67 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 319-day of 0 G:1 ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY• e - e y, 'ice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of OC'vb p 2007, by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. „.g...y KRISTINEHOLTON , I i•� .A MY COMMISSION#DD 6665 L 95 hi k . �� EXPIRES:June 18,2011 TARY PUBLIC --4,:ev Bonded ThruNotaryPublicUnderwrHers l commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER4ias been sent by U. S. Mail to Timothy Cooke,Owner and Agent,2237 J&C Blvd.,Naples,FL 34109 this .31 day of(;C 1jbe,r'-,2007. n -4-r? M.Jean ' .1son,Esq. Florida t:ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples, Florida 34102 (239)263-8206 'ourlry of COLLIER S I HEREBY CERTIFY rill'as is ,a true n correct copy :t n r; , : _ Bawd Min , 3; County rtIPES3 rry day Of Kotler ,,8001 OW1GHT E. 4ROCK, `'s- it OF COURTS 3753840 OR: 3951 PG: 1279 RECORDED in OFFICIAL RECORDS of COLLIER COMM, FL 12/20/2005 at 12:51PM DWIGHT I. BROCK, CURE - _ .__.., . . -. . Il$C.FEE ...:._ .15.50 - r COPIES 2.00 KISC 1.50 Retn: TIMOTHY COOKE 5141 PIIKETTO WOODS DR QUIT CLAIM DEL' FL 34119 This Quit Claim Deed,executed this 1 I day of November, 2005,by B.3TINA L.COOKE,now known as BATINA L. COOK-HOUGHTALIJ G(hereinafter referred to as"Grantor"),to TIMOTHY A. COOKS,whose address is 2237 J&C Blvd.,Naples,FL 34109(hereinafter referred to as "Gantee'). WITNESSETH, that the Grantor, for and in consideration of the sum of X10.00 and other valuable consideration,ut hand paid by the Grantee, the r. •l• 9....L . ,..� ' acknowledged, does hereby remise,release and quitclaim unto the Grantee forever,all the • - -. d which the Grantor has in and to the following described real proper: beat-• wc..i. County,Florida �r ' 1 Lot 44,J&C rid r•:E!` �!, 7 • ., Oral e N�.nth half of Section 1, o. s• . ._ 1 .s more cu:arl d- n . .. ♦. -•-11111,.' .•. i� Y t the j — corner of Section 11, 1 •- , •••'p 49 South,Rang., 5 Ea.t,C., !' •County, Florida; t ong the West line •:•.::__- ,• • S- •_ . 11, N 0 degrees 10'36"4 6.95 feet to the cen JT.f . ,7 d;thence along said cen `' • '5 degrees 28' " y - 6• gr .' 18 8 � f 9 feef figs a Place of Beginning; . .; West 186.44 feet,Thence N 89 degre=� bar 1W '±:. +e eat;Thence South 0 degrees 31'42"East 186.50 eerto rat. centerline;Thence S 89 degrees 28'18"West 100.00 feet to the Place of Beginning;being part of the North half of Section 11,Township 49 South,Range 25 East,Collier County,Floridan;Subject to a drainage easement over the Northerly 15.0 feet with the Southerly 35.0 feet thereof reserved as road right-of-way for public ingress and egress. The subject real property is not the homestead property of the Grantor nor contiguous to the homestead property of the Grantor. Grantors homestead property is located at27888 Forester Drive,Bonita Springs,Florida34134. Subject to restrictions,reservations and easements of record and taxes for current and subsequent years. • To have and to hold, the same together with IL' and singular the appurtenances thereuaro belonging or in anywise pertaining,and all the estate,right,tide,interest,lien,equity and daim whatsoever of the Grantor,either ir.law or Pagel of2 Z0/T(l 3DVd A:2131I N3IN' 1 SSON LZ9Z-L9Z-EEL ;Z:tt GOOL/E©it: *** OR: 3951 PG: 1280 *** in equity,to the only proper use,beneB:and behtif of the C-rancee forever. Il\t WITNESS WHEREOF, the Grantor has signed and sealed these present the day and year first above written. Signed,sealed and delivered in our presence: C I s#1 for..Bpina L�Cookt 1 SAMNA L COOKE na Printed Name ...i ttiRC do 1�, • RCQ Witness#2 for B2•• L.Cooke j SPtin amC ri�&I FL&A/1 4 71- i COUNTY OF COLLIER Before me p••. •,. I •.•._. ._.,C- •A, -4 m p- s• or identified to me by Florida Drivers License person described in and who,after being sworn and under oath even • � xecuted the foregoing nt, ' .-Low>ledged to and before me that she executed said instrument for the •�..,,ses therein express tiVITNF S by hand and offi�'Y'";. • the J-1 day.a . . • „� 2005. [SEAL OR ST.p.P) Off, - i ? CIRC -'-7 i NOT 'Y PUBLIC N LUDWIG J.ABRUZZO MY COMMISSION S DO 243618 1 --?„n0e EXPIRES:October 18.2007 1-0063NOTARY R.Nary Disco's'Noce Co. THIS INSTRUMENT PREPARED BY AND RETURN TO: J.Mao':ryke,Esgair: =72 Airpott Road Souls.Suire IOi I:aela,Florida:4:I2 Telaphaee:23917753611 Flouriie 39/774-0026 IXIT OUr OPINION OR BENEFIT OF TITLE EXAMNATIo THIS DEED IS BEING BXECUTED PURSUANT TO A>stRTI'AL SETTLEMENT AGREEMENT AND FINAL JUDGMENT OP M&SOLL'TION OF MtRRIAGH ORDERING TRANSFER OF THE AFOREMHhrrIONIED PROPERTY Page 2 of 2 Z0/i'.0 39dd A.7_1133 63I1,1d1 SSO6 LZ9Z-Z9Z-6SZ 5Z:tri c 00 /E0/t- COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Bart and Sandi Chernoff., Respondent(s) CEB No. 2007-105 DEPT No. 2006030500 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-12 Deed 13-14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-105 Dept. Case No. 2006030500 Plaintiff, vs. BART AND SANDI CHERNOFF, 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: October 25, 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: 840 7th Street N.W. SERVED: Bart and Sandi Chernoff, 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,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY .. BOARD-OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-105 vs. DEPT CASE 2006030500 Bart& Sandi Chernoff ,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), 10.02.06(B)(1)(d)(i). Section 10.02.06(B)(1)(d)(i) was renumbered September 13,2005 as 10.02.06(B)(1)(e)(i).Also,Collier County Code of Laws and Ordinances Section 22,Article II 103.11.1 and 104.1.3.5.Also, Florida Building Code 2004 Edition Section 105.1 and 111.1. 2. Description of Violation: Improvement of property without valid Collier County Building Permits. 3. Location/address where violation exists: 840 7th St NW,Naples Fl. 34120. 4. Name and address of owner/person in charge of violation location Bart&Sandi Chernoff 5. Date violation first observed:April 14,2006 6. Date owner/person in charge given Notice of Violation:April 17,2006 7. Date on/by which violation to be corrected:May 17,2006. 8. Date of re-inspection: May 17,2006 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 19.day of September, 2007 Ed Morad Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r o(pr aff ed d . bscr' d before this 19 day of September ,2007 by Ed Morad ?-d7 ignature of Notary Public) (Print/Type/Stamp Commissioned Name of NotaryiPuhljcam Personally known or produced identification InUa Type of identification produced =_° ' Commission#DD2 2007 Expires:Dec 01,2007 Bonded Theo Inc. Atlantic Bonding REV 3-3-05 2 Case Number o7Q!)f 0.3a.r D COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements t NOTICE OF VIOLATION Respondent (�� / P ,� i - Date: 7 /1r©lt Investigator: j`J Phone: 239-5 Zoning Dist ES -1-3 Sec T Twp l Rng Z 7 ..adrng: $ Q N Legal: Subdivision Go/140 ><t? �; j Block Lot t J t -pI of Pi• 344/z' 7.� Location: Tit 7-7,h, 5/,.. tj L) Folio 37n/5100 CD / OR Book 25/� Page /yg Z 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 171105.1 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 ov 1�'excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, / other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work B ilding or land alteration permit and certificate of occupancy 0 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 ICC� permit(s),inspections,and certificate(s)of occupancy,etc. ��111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is 10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance of building permit. No site work,removal of protected vegetation,grading, regulated by this code for which a permit is required,until released by the 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 " • f .►✓ 3 '. rr.l �/ I ' j L' � applicable county regulations. 4`, t .=' A J �� A id __1(✓� rim_ �� •. lr 10.02.06(B)(1)(d)(i)In the event the improvement of property,construction of ... �'�� any type,repairs or remodeling of any type that requires a building permit has �' '�l! w' 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 Violation(s): Must be in compliance with all.Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article Ii APPiY for and obtain all permits required for described 103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, lectrical,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 r� �� / building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: ., certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of A104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit prosecution. , (or other written site specific work authorization such as for excavation,tree . 66 removal, well construction, approved site development plan, filling, re- ii*-y�-4 etp,I„b� y V vegetation,etc.)shall have been issued prior to the commencement of work at Responde)If s Sig?f. Date the site. Activities prohibited prior to permit issuance shall include, but are �� I / �� not limited to, excavation pile driving (excluding test piling), well drilling, !J/ formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date � �and disturbance or removal of protected species or habitat,etc. .lion 106.1.2 Certificate of Occupancy. 1]106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev12/14/05 t2) :. ,. ORDINAN ND. 04-4`:i.. . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER 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 COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION C Tallahassee, Florida 2004 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 rowth manage- ment fan,or(2) if issuance of said develo ment order of[orj buildin g 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 /n 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. 1. in the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp.No.2 LDC10:86 7 County of COLLIER, FLORIDA Codified through Ord. No. 06-46, enacted Oct. 10, 2006. (Supplement No. 21) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Sec. 22-26. Adoption and amendment of the Florida Building Code. 103.1-1. Safety 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 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. 42 Florida Buitdin• Code 2004, Buildin• two,5 mZ =. 'FLORIDA ` :. BUILDING C OD r ' , _ ar 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. / � SECTION 105 PERMITS Page 1 of 7 ,t 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. 3. Portable cooling unit. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20Custom/Bui1d2004 FL/3/8?f=temnlatec.(gfn= 7r)(i7nnY ii- 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. /0 • 2357727 OR: 2450 PG: 1482 UCCUU U°MOLL MODS of COU.III COMM, ft Tbisshtlstritntent prepared By: . 11/12!11 it 11;1111 DEICE 1. ma, tun JAMES C.STEWART,JR.,ESQUIRE UC III 11.51 STEWART&STORTER,ATTORNEYS AT LAW SOC••il met Uts: Suite 101 IUl i CHU°R 2121 County Road 951 1335 1*511lI tI I I411 Golden Gale,Florida 34116-6543 Will fl 31113 4151 •l'ekpheae Number(941)353-1040 E-Mail Address: StewartandStorter®WoridNet.att.net WITHOUT BENEFIT OF TITLE EXAMINATION GENERAL WARRANTY DEED THIS INDENTURE, made this 92rday of JULY, 1998, between DANNY DANIELS, a married man,joined by AMY J. DANIELS, his wife, whose mailing address is 2370 Bocce Avenue,Naples,Florida 34112,Grantors("Dramas1,and BART R. CHERNOFF and SANDI L. CHERNOFF. husband and wife. whose mailing address is 84 0 7' Steer( N.W., Naples, Florida 34120, Grantees ("Grantees"). (whenever used in this deed,the singular shall include the plural and the gender shall include masculine,feminine,and neuter,as the context may se require) WITNE SETH: R CO THAT Grantors, for •An;�• •• •••, • 4 AND NO/1005 DOLLARS - ($10.11)and other good • ' !1/ •e consideration.t. '.t and sufficiency of which is hereby acknowledged, . bargained. and d to Grantees,their heirs and assigns forever,those :ing .• • • •• . 'n Cott r Cunry,Florida.and more particularly described • �\ 7 NORrN r ''It o, s°�,EN GATE ES TA v - , le A T• ' PLAT T BREO- ' RDFA AT PLAT Boo•4,PA■ES ND 104, PUBLIC ' -)a f •S OF COLLIER C• ti: • • • ._ _ AND Grantors do ,. Ily warrant title-to ... r • and will defend the same against the lawful claims of td�:,. . . :- N ept real property ad valorem taxes for 199*and all subseguen . *met,. .•,. • code,and other use restrictions imposed by governmental authority. . i.•••■ •• oil,gas,and mineral interests of record, if any,and restrictions and easements common to the subdivision. IN WITNESS WHEREOF.Grantors have hereunto set their hands and seals as of the day and year first above written. Witnesses as to Grantors: / ,fy /� / fi Print ness's 'sine:': No!d r> 0,0 = D Y D IELS 11 Pk i.0 4.2.'rat witness'sclam.4•Jf_._, -,Iie., AMY.1. ELS ,---� Page 1 of AFTER RECORDING RETURN TO: � CHERNOFF AttenwPI at Lire 2385 lamMial Trail Monk&Ma 409 . NaplN,Florida 34103-4469 12 *** OR: 2450 PG: 1483 *** ,\ STATE OE„ 'LORID�1... - }_ COUNTY OF COLLIER I HEREBY CERTIFY that on this day.before me.an officer duly authorized in the state and county as aforesaid to take acknowledgments,personally appeared DANNY DANIELS and AMY J. DANIELS, [CHECK ONE (1)1 t„) with whom I am personally acquainted or(i')who provided to me sufficient evidence of identity in the form valid and who-did take oaths as to idendty, to me known to be the persons who executed the foregoing instrument and who acknowledged before me that they executed the same for the purposes set forth therein. WITNESS my hand and official seal in the state and county aforesaid, this-2 day of iuLy,1Q98. NOTARY PUBLIC • (NOTARY SEAL) PRINT NOTARY'S NAME BELOW. / � V COMMISSION NUMBER \-'=- OW,IF ?, My commission expires: `-----,t'° \ a 11.7 F o a a«„,,,-..,,,, (IC ( t ti .sot f >r...r:.- tw Nip nrr u�.r. 41E Cl.. 0 - ''..:1":\ \N N N'.------..,._..- --'+-2°.'.. 1.---”.—. '----"---"- .////:. . Page 2 of 2 /`1 t//177 / i,6 CEg 2°07- /05 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006030500 Unpermitted structures in rear of property. Approx 45x60 foot pole IMAGE DATE w barn type structure. Approx 15x32 foot two bedroom, full kitchen, 3 fixtured bathroom, with living room apt. Separate ookout room 4/17/2006 enclosed. Large shed. Plus wooden pump house. EM 41 s . • fir=. < <m a L a '•s. a i+ ; • . :;77 - , v, t. tom:£� �tnm>,x+....�..;.<... -�,... .w?v Collier County Printed on 7/5/2006 5:17:46 PM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT - COLLIER COUNTY , FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY , FLORIDA Plaintiff, vs. Case No.: CEB 2007-105 Dept. Case No.: 2006030500 BART and SANDI CHERNOFF Respondents SUPPLEMENTAL EXHIBITS FOR APPEARANCE BEFORE CODE ENFORCEMENT BOARD BY RESPONDENTS ON OCTOBER 25,2007 Respondent represented by: Colleen J. MacAlister, Law Offices of Colleen J. MacAlister, P.A. Witnesses: Bart Chernoff Requested Action: Continuance for action on the pending violations until current litigation determines when the non-complying structures were built and assigns financial liability to the correct party for the damages incurred by Respondents as a result of the violations for non- compliance. Exhibits for Consideration During Presentation of Testimony at Hearing: Exhibit A: Copy of Naples Daily News ad for sale of property in 1998 adverting non- complying structures. Exhibit B: Copy of Collier County Property Appraiser Card showing original structures and redrawn Card showing additional non-complying structures and all transfers of ownership of the subject property to Cindy Laughlin. Exhibit C: Copy of Quit claim from Laughlin to Daniels, owner prior to Respondents. Exhibit D: Copy of inspection report prior to purchase of the property by the Respondents showing termites in the pole barn and storage shed. Exhibit E: Respondents' survey at time of purchase showing existence of non-complying structures. Exhibit F: Copy of closed code enforcement file showing that no permit was needed for repair to fence done by Respondents. Exhibit G: Copy of Estimate for New Fence Exhibit H: Copy of Estimate to demolish and replace pole barn and storage shed. Submitted to the Office of Code Enforcement this IS4 day of October, 2007. By: COL ' N J. MacALISTER Fl. -'da Bar No. 0804711 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5147 Castello Drive Naples, Florida 34103 Telephone: (239) 262-3760 Facsimile: (239) 790-5779 Attorney for Respondents ar Y �� TOTALLY RENOVATED!4/2 Beauty on 2.25 park-like fenced acres features a dome oak kitchen, sepa- rate dining area,hugelaundry room,lg.spray con- crete lanai,,doubla garage,pole barn&workshop& more! Now only $139,900. Elaine Ritchie "The Queen",455-8287. • • EXHIBIT A • Li it C • al -4'- ____,___. _ ., ai,, • ..." 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' �y -'N1�- ■ r, 0 N o to 4 , IV-1111111111111111141 Il) U O O _ 4.+ 01 co m m •f N , O I i O...O O•'r 0 > s .13 IU) * 0) r rn m d �-- __ mo.GG � ® - r _ N N { ��v - O N�� s D N' O N Er < ° m D m O N N CO D. r RI c Ei . o - a gi o ti ?Cz A (` _ro ;v ,., ,.. .... r -, I . -,,.. .„1.,4.- ,.. c a w • -1 r�.. (4 % 'D`M. ty , iL • a c s ` 3 . I . r� 1-)-v' S ,1 v Liz.• ti i II F m n m a u w y `,, (n a w w - O �c l v 1 h C�- \ m O R O 1 c yoZ a o 1 MM. ..--- 9 a 0 O � mum .---- 111 w m MOM •___. 10 .--.. ..--. m c W :21 �� • r 2 m 111111111 mm....mm ; mm.mm D, __._ � �� Liz 0 mmummumm �________ UUM== 0 y a MMMMUMWM MM.�■■�....�;� M.�. ".- MOIM MM __________ m Wes__ MCIMMIMMMINIM __________ •MMM Mallalliiii . m g1WWWWWWWW--i-_ilII I D iMMMINIMMUM ml , BMIUMMISM � � � MMMMM M• MMM e •�� MMMM © n> Z .---i ---m mommm= --------m o =`P m Maim= f 111111 Mill mimmilaMOMM9 g mommmumill . . . :1. e _ a_ •U•M. "EMI v -- ----- M •_____ •___ w__ 11111111 III 1 . R „4.__ , ..: .. MMIIIIMMMIIIMMIMM 111111M a ---------.. ---; w _______.___ ___ L cx I_ O O O O O y y (x Ix .P : :::f: ,o_ _.___. •_ .: •____ - o w— ______ __ . _____ w -J (M O N • J\J 00 0 O -13 r- 8• m� r ODD o O •-• ' o 4.1 .v N mz 0 O 0 • X o N N O " D o 0 N 0 • 0 • • • • • • • * • "I • • 0 0�. 0 O� •■••■•■■■•■ * _■ ce QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this !€ day of January, A.D., 1992, by CINDY LAUGHLIN, f/k/a CINDY JENKINS, first party, to DANNY DANIELS, whose post office address is /f'Q_-.._?_ _ ycef _ /t/eA Tito Car sT y ,I.l,,t9rt••__ r`n,r,d•1., -__fy e., 'y - - -- — .- WITNESSETH, that the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first has in and to the following described lot, piece or parcel of land situate, lying and being in the County of Collier, State of Florida, to-wit: North 150 feet of 'tract 20, Golden Gate Estates, Unit No. 11, according to the Plat thereof, as recorded in Plat Book 4, at pages 103 and 104, of the Public Records of Collier County, Florida. Grantor warrants that the above property is not the homestead of Grantor. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, t - 'nterest, lien equity and claim whatsoever of the said fi - • s ty v- .er in law or equity, to the only proper use, ben- 1,, •- the said second party _=S forever. G; I- i - IN WITNESS WHE EOF, e = i -t pa ty has signed and sealed = these presents, th d-y . . e fir t. ••ve`written. '1431°V . / « 111 ,� / LIN -- 4. g J:' ,J 1/ '� - Ik 1. JENKINS 1 rn • • _ . it - ' t ... -- - f^Gp eV i ESS CANdat 7 • - - S O I STATE OF FLORIDA C1�'1, C\-)A. COUNTY OF COLLIER CI rr T,i WI CV I HEREBY CERTIFY that on this day, before me, an officer duly N tz authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared CINDY LAUGHLIN, f/k/a CINDY JENKINS, to me known to be the person described in and who e • En executed the foregoing instrument and she acknowledged before me M a. that she executed the same. � �_ N A.0 WITNESS my hand and official seal in the County and State last aforesaid this `.`� day of January, 1992. •. as .. NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION EXPIRES: THIS INSTRUMENT PREPARED BY: NOW MOM lap - r It ROBERT G. HINES w i.len "` , CATTORNEY AT LAW , 11r 4532 East Tamiami Trail Suite 402 , Naples, Florida 33962 Florida Bar No: 156280 EXHIBIT C 07/27/1998 12:@1 641-35-'-5151 E:TE....;4FiT 4qD 5TT-7R PA3E 06 .----- - F R I c.1 le. : 4 0 EM - P •rt..alt-t-i....' :. %,..?.'i' tr..c.IL■ 4,+.1: ; ,., Air. :::. ....: •::,:T. WOOD•DESTROYING ORGANISMS INSPECTION REPORT .. - 0. S.ction 482.226, Florida Statutos ---a-- " A i . .be, ...-.....-,;A.4-........---- /ot ic L■coras•A r0 ... . ---- "- liCOnsoN sates*-- --'' fi . • ',./d/....., f .. ' ': ''' 2------ -1. . .f. ...- C --:-.--- ./ i''' , i' • „ i ''/140- ' .-------. :0 NO i--..pecIor ..Pet r.• 4 ' "- . , eV.... P ff'-'r". ii.lt 'c i 0 1 sr:4r,- . .-Aff.ric• 1:10pulmo1 E4, 411104‘- _ - If P4440,":i,nspectod ...77.4Li-.4s.fii :wit ow. '. Y__- ■-t%).IAA NfiLe., - •••4-- '. SPIKilic Ervc!..4:144 ItISP.Cled ....I /41 e, riVi.4_e___6iorpy -e-2)Aose ") Pet,e..1■11.22)t re___ k Structures on property NOT losio.Z.1t0 i• 0 ---------------- ham as atuciure(s: - - 0 4 ' ilitirlrfir 01;w:4°1.0A:4 to .. • _Li •---7-7--. dr 4,511 .... = I ,.- • - . • ,,, • ...,.• 4:_y 3,•••.•,,t)..),••, • • ... • • .. -- • - • • , , ts..7:: ';7:".°'A.:. ...1..‘•.., ..r•.,' -,..1'..., '"-P.4:.:k■,:.!;'..:':'L:F:3-.4! f'.• ' - ‘!..'..e or, 7. _-,....- •- ,,- 11 PA.r ..--.-.7-...x;,—.....4 ,`.....- 'woicsi-des:toying orgenisfr"A,0 sria orthrupad oosnt W.armors&moos&Ind cc seasoned wood pi R strUctLre.f.errelY hvIrles,Powder Pcit b"1".51001.411 WV,. I anc-4,0:4 04;cityirg tungi I T$15 A(PORT tS MAPS OH THE SAIHS Of WHAT WAS MAWS AAR ACCISSIEL I AT THE TIME OF U4 ETON'and is not en co;n.on covet:Po steed svcn U,bus r,c1 ' wow rile limited tc.Etose Ego 479 or41osod or474C:emote.04414 coocoalwa be%tat(covetngs.F.ow 00v0i0ng0.IL-m."....;re.equipTsaii sto(00 orl1Cto3.Z+,le rty p0,1:,.^ot Ww AturAvie;r. ,mill It$pOtii.701 woad raw.514to fertrNiaq or dotitlylia Orly PIT of he strun,fe THt1115 HOT A STRUCTURAL DAMAGE REPORT A woositeenroying oroarttems inspesstor IS M10i ordi wily i cor-Prictior.or Outid;r.4SO4 ixport ortN Aorw.orr.a nOi ups:1011G possess ot'tj SfACilitl 144111.111e1b=•1 which would enstpio him ic Out to EH?strychne ASI.INIAILIZ 01 Eat Woof.IF VISibLE DAAIAGI OR OTHER EViDENCE IS NOTED tst DRS erposT(ITEseNuisosR(s)OF TA1S pipORT).FLAMER IN'IfESTIGATION IV QUALIFIED EXPERTS OP THE SUILDINO TRADE SNOULDIIE ISIOETO DETEPROIE THE STRUCTURAL SOUNDNESS OF TIM rposakrf 1 THIS REPORT SHALL p ) SE CONSTRUED TO CONSTITUTE A GUARANTEE OF THE ABSENCE CP SiOr...0-DESTRONING ORGANISMS OR DAMAGE aR OTHER ;t ENCE UNLESS THIS REPORT SPECIFICAt.LT STATES HEREiN THE EXTENT OF SUCH GUARANI ti .....-.,--,--7--..--......__ 2.:,4c---.:;:.!. • .- •• ', . '. •. .- .- . I.'.., :::- • risolmollt:',,:,"..... .....:...- 01 vt$.Oor witdonco ci wC.4,3-6estroying orpoisms Cc..41-sittlt 0 No yes ., ,..,....,„,,„),. ocns: foc-6..JP4RAI Ks__122,61 - 0 Lm•woo.s.:esroyIng cegar.isrns otiserve0-. 0 No 0 ,.es 51) •Zeitar-=-4/-(27-‘ 1-.1•11trif/1.. Of 0113/40141 r';‘„4-.) vi..,.arr.,ob.... 0 No :Ccrwnon...vnli Li CJI:JVI9 Chimegal L !011511111111 (d.A.I.f..06: t.i) vlm.7,10,,,,40f16,4 a at.ok,s narvel wc.4 c,5,40.94: IS No 71 v.. , ....•.—■•■......... ....'.... .............-■-••■•■-•^ 151 TI'S:oropnry bob ht VAC Li,*struetweir.i at Wrie of insooctiory N. 0 Ytt N YES A copy cw1 CI Wctotsc.is ansonsro 1.:.1......,.v kreti !I.01,11,...di (el T ccrrpor4e nos trowel It.,,,-str44: No 0 4 ES:Owe Yei. 'f' ot 7, al9trite' • •' ' •'..... •••.'"' ...''.-'-!.".•■••• ....!..1 I r.nnon Atm*V o•arr. . --. ..– /**'•••"`,. gismAK.A'M VOW- <A,/ r*PC1C;0/1 474 A Nilo*c..+1K1 inspection 0 Indica ttestr*.ent nil twiet 2,140471.:,NW 4P.clurtike1 at.1:1RZICLI.PeSAI- 6e'Y __—. ..... --.. . COMMENT6-_eat40,0 4/At 6, I 4/Alsr4rf itf, A.a,.. -41ild:rialZrer___ !41 _ '1)3'raR-24,v-‘04,0..7. ...e.ire-oi.e.tkAl-b. 1-10-s'rfrft,sce/,-, lit ON.*rOt 114 14 pacing'has any Er4m11111111114o:to 04 1),00414te ir14414.:;0C 04.is iu0004444itt if sAy way tr,MS Imnsa040n wilh any ratty*11073'40;4n attar ittonlCx 1 ItZ;407i•n pxpobos. -.— - .- -----------, /CH REPORT TO'EASON win°AAOLSEETED THIS INSPECTION...NO TO: — ... ------- ' ._ . ---- -- --, — --- Crat.,P c.Ilicer see or Ao4ni _. ., ........ ......„......_ L ,SO4.4 i■..6; A*7 1-9110^AMst4i/Now/00.Util.,All ,......„*„_, Dote EXHIBIT D 6311 -__— . _________ . . _____ .... • § ray rrTtg7EWU VJ � �i " mrTy 00npm �: mF. OFFm n ti � E E €€ :,-iii gie§i' N O 1tTri, 4'Q ."•cY yg Qi m i 14;4 Mill rai z� �� _ nF i•�S °Q'F g m O q2as?. ' Lj4 Fo . m -:E ases2, ttm .► �w p 7 71.1. ST. N.W. LD_� - ,...oo e r mm —� 160.00 ,n !30.0 FR P 41, QQ m cGIV-2 § 3 -'Pfa = p T Fm; o S gg8= lc Qa � Z �x n cPgm Q @ pggm € .N • Y ee m -_' fi m 7m7 7 o ii:. . o s d -' N r� X ` , L �n• co o T u t`'r • o m -0 a p o8 0 }z y a O S. a, . o .rr 9•tz A .t C p 9'£' ° :�e mod I A.1 H,r, ctr m < O R' * a t . I 'rope • >t ND m L Ili). m d ,. _e0--,. c 0`--,o r _ _._ __.- _ _ _—_- : - —9-=-H4_ a I- em c 197 m T p¢ 171 p '1[4C12 A _ ' `EnS�EM E.p+_T N QqM S_M or • A \x V m� m 5-,q- .g..,„ 0 •m * N W cs O m n"I 1 0' n c O Qsvono3.ro O rn N2 11 0o ti ' D6>'S D�9 a•�no7 P3 , t L.,T 0 v T r , 0 I co , = z x ..e 0,v o P ` A 1' r R1 Q 2.Im=O ' s, — p - pnm . o n Y n t•mil, ^mm' 119 Wi n' a O Oy ,'� O > _. ^ .R•— m a * .. ~ Z ( 'v 1 'r to `Zy m g C i N N - k 6' 0 -to �C '. 6V Fy Y j a o o em §. " A �p y � A k V C S 7 ' O V'\� 14.. ZS O N , A n x X a o 0 t T %,s , I, nA 6 a '� — D 00.00 7 ./50.00 k 'D a l f ifIf ililif - s o` - i9 '- '0 " w -. aa if, iIRIffl[ti[kii •• ry r ! EXHIBIT E .Code Case Detail Report CDPR4204 - Code Case Detail Report CASE NBR: 2006030094 AO NBR: 285916 STATUS: CLOSE INSPECTOR: DENNISHENNELL LEVEL: UNF CASE TYPE: STRUCTURAL ADDR NBR: 85040 LOCATION: 840 7TH ST NW FOLIO: 0000037111400009 GOLDEN GATE EST UNIT 11 N 150FT OF TR 20 LOT: 1 BLOCK: 20 SUBDIV: (641) -Golden Gate Estates Unit 11 TAZ: 193 PLANNING COMM: RE ZIP: 34120-2041 OPEN DATE: 02/28/2006 OPEN USERCE_TEMP CLOSE DATE:03/03/2006 CLOSE DENNISHENNE DIRECTIONS: DISPOSITION:NO VIOLATION CATEGORY: FENCES PRIORITY: 0 LAST VISIT: 941288 HEARING DATE: CONTACT? : PHYSICAL FILE ID: DESCRIPTION: CHAINLINK FENCE INSTALLED WITHOUT PERMIT. JS CONTACT INFORMATION: TENANT INFORMATION: CHERNOFF, BART R=& SANDI L CHERNOFF, BART R=& SANDI L PHONE: FAX PHONE: FAX: OWNER INFORMATION: VIOLATOR INFORMATION: CHERNOFF, BART R=& SANDI L CHERNOFF, BART R=& SANDI L 840 7TH ST NW 840 7TH ST NW NAPLES, FL NAPLES, FL 34120-2041 34120-2041 PHONE: FAX: PHONE: FAX: COMPLAINANT INFORMATION: NAME/ADDRESS: PHONE: FAX: ANONYMOUS VISITS: VISIT NBR INSPECTOR SCHEDULED DATE VISIT DATE REMARKS 941288 DENNISHENNELLY 02/28/2006 02/28/2006 1150-1210: AT ABOVE LOCATION, OBS A PROP WITH A CHAIN-LINK FENCE AROUND WHOLE PROP. I AM FAMILIAR WITH THIS PROP, AND KNOW THE FENCE HAS BEEN HERE A LONG TIME. SPOKE TO PROP OWNER MR. CHERNOFF, WHO STATED THAT ALL HE DID WAS REPLACE THE FRONT PART DUE TO HURRICANE DAMAGE. INSPECTED FENCE, AND FOUND THAT THE ONLY NEW PART WAS IN FACT THE FRON AREA. NO PERMIT NEEDED. C/C LS LETTERS: REF TYPE LETTER NAME RQST DATE PRINT DATE SEND DATE STATUS RECV DATE VIOLATIONS: STATUS GROUP CODE VIOL. DATE DESCRIPTION/REMARKS Collier County EXHIBIT F Printed on: 03/30/2006 11:32 :37AM CD-Plus for Windows 95/NT Page 1 of 2 IMAGES: IMAGE DATE IMAGE DESCRIPTION COMENTS: ORIG DATETIME STATUS ORIG USER COMMENT: NOTES: Collier County Printed on: 03/30/2006 11 :32 : 37AM CD-Plus for Windows 95/NT Page 2 of 2 02/27/2E107 17:58 2394555263 'LJ ENTERPRISES INC PAGE t12/t7Y N1.3 Enterprises Inc. Estimate • 3771 15th Ave SW Date Estimate# Naples,FL. 34117 2/27(2007 380 Name J Address Bart.Chernof 840 7th St.'NW Naples.FL.34119 Project Total Qty Rate Description 660 10.00 6.600.00 4'galvanized Chain link fence 599.00 599.00 Survry&Permit Fcc 6.00% 0.00 Sales Tax We look forward to working with you Total 57,199.00 Customer Signature EXHIBIT G LJy-0.4 -I i� Apr 1U ut u1:Jbp IVIA11ssa l.olosimmo V N. • B1 AI)FOR:I) ( 'ON $TIZUC PION ( 10. . IN( '. 60 Logao B1.t South Naples,R 34119 348-0026 3481195 MBladlooiconst500aolcoun April 9,207 Contractor Bart Chernoff Location: Chemoff Res Description:Pole bam/shed Labor to remove existing metal shed,labor to remove existing 45x60 pole barn. Dumpster and dumpster fee included. Labor and material to replace existing shed with new 20x10 metal shed. Labor and matenal for new 451x60 pole barn to be located inside of property set backs. Proposal includes 45x60 concrete slab,metal roof,new pole barn conventionally framed,building plans,engineering„survey,permit f es,dumpster and necessary lumber and metal tie clown. BY OTHERS:NO fill dirt,or impact fees figured in proposal Crane and nails supplied by us. Payments:To be discussed Dollars:$55,000 Respectfully Submitted:Joseph Colosimo Date:4/9/07 Bradford Const CO. Void After(60)days Signature: :: .: ;, Date: 4/9/07 Any alterations or deviations from plans or above descriptions will be charged at $45.00 per man-hour. Signature: Date: AT HE ACCEPTANCE OF THIS PROPOSAL PLEASE CONTACT US SO WE CAN SCHEDULE ACCORDANTLY. EXHIBIT H CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-105 vs. BART AND SANDI CHERNOFF, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 Bart and Sandi Chernoff are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing in person and by Attorney Colleen McAllister. Counsel for Respondents requested that the Board delay enforcement. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 840 7th Street N.W.,Naples,Florida 34120,Folio 37111400009 more particularly described as The North 150 feet of Tract 20,GOLDEN GATE ESTATES,UNIT NO. 11,according to the Plat thereof recorded at Plat Book 4,Pages 103 and 104,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(I)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i)),Collier County Code of Laws and Ordinances, Section 22,Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code,2004 Edition, Sections 105.1 and 111.1 in the following particulars: Improvement of property without valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(lxd)(i)(renumbered as I0.02.06(B)(I)(e)(i)) Collier County Code of Laws and Ordinances, Section 22,Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code,2004 Edition,Sections 105.1 and l 11.1be 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 property within 180 days(April 22, 2008). 2. In the alternative,by obtaining a Collier County Demolition Permit and by removing all non- permitted improvements,obtaining all required inspections and Certificate of Completion within 180 days(April 22,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 22,2008, then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by April 22,2008, then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$536.00 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 , 5 r 31 day of C�'C�- ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenne Kelly, ice hair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this <3 I 5 day of OC kth) , 2007,by Kenneth Kelly, Vice Chair of the.Code Enforcement Board of Collier County, Florida,who is personally known to me or V who has produced a Florida Driver's License as identification. I�iISTINE HOLTON � — V r \ ;;�.'�'••, RY PUBLIC '�` I' MY COMMISSION#DD 686595 My commission expires: .,:L.k= EXPIRES:June 18,2011 RL,�'�`� Bonded Thru Notary PubAc Underwriters Stare at FLORIO* ; ;ounry of COLLIER 4 I HEREBY CERTIFY THAT this Isa true Sfl correct curl! of 1-:;:..i In ,i" Irl Board Mn i s a,i.i , °:.;r County DWIGHT E. BROCbK, CLERIC OF COURTS " Op, A . g.C. ._ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Burt and Sandi Chernoff, 840 7th Street N.W. Naples,FL 34120 and to Colleen McAllister,Esq.,5147 Castello Drive, Naples, Florida 34103 this 3 Is. day ofQ Lr 2007. M.Jean RaCv.on,Esq. Florida Ba o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James W. Craft, Respondent(s) CEB No. 2007-107 DEPT No. 2006060535 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation Copy of Applicable Ordinance 3-5 Deed 6-7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, JOLLIER COUNTY, FLORIDA, Case: CEB 2007-167.. _,, Dept. Case No. 2006060535 Plaintiff, vs. JAMES W. CRAFT, 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: October 25, 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: 15435 Tamiami Trail E. SERVED: James W. Craft, Respondent Inv. Susan O'Farrell, 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. ,_ •r CEB CASE NO. 2007-107 vs. DEPT CASE NO.2006060535 James W. Craft STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Ordinance 05-44 the Weed,Litter,and Exotics Control Ordinance sections 6-8 Unlawful to Litter,Prohibited Accumulation of Litter,and Prohibited Dumping 2. Description of Violation:Property with mounds of vegetative,miscellaneous,and construction litter. 3. Location/address where violation exists: 15435 Tamiami Trail E.Naples,Florida 4. Name and address of owner/person in charge of violation location: James W. Craft 768 Commercial Blvd. Naples,Florida 34104 5. Date violation first observed: 6-7-06 6. Date owner/person in charge given Notice of Violation:2-21-2007 �� 7. Date on/by which violation to be corrected: 3-21-2007 8. Date of re-inspection: 9-11-2007 9.- Results of Re-inspection:Violation Remains x. _ 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 February ,a Po I Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 19th day of September,200' by 5 �(E2 e _RRANO iv,• Notary Public,State of Florida Comm No DD 401145 Sigh. e of Notary Pic) (Print/T •eA0 ,„ Malt b�etl 04,2009 Name of►•!Zeal• n'401,,,1st State Insurance Personally known or produced identification Type of identification produced REV 3-3-05 .7 COLLIER COUNTY,FLORIDA C/E) NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT '0: ORDER TO CORRECT VIOLATION(S) James W. Craft 768 Commercial Blvd. You are directed by this Notice to take the following Naples, Florida 34104 corrective action(s) Remove Vegetative and construction debris to an LOCATION OF VIOLATION(LEGAL AND ADDRESS) approved County landfill. Within Collier County Zoning District: A pp rove oun�' Sec ,18 Twn 51 Rng 27 Subd Blk 007 Lot .000 Parcel Of Collier County Record. Property ID: 00763560007 ON OR BEFORE: 03-21-2007 PUD Tract Unit SDP OR 3671 Page 1976 : OR Page PENALTIES MAY BE IMPOSED: AKA(Address) 15435 Tamiami Trail E.Naples,Florida Failure to correct the violations on or before the date specified above will result in, NOTICE (1) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No. 05-55 and 97-35,as amended,you are costs of prosecution. notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. OR Ord No. 05-44 Section 6-8 (2) Code Enforcement Board review that may result ' d No. Section in fines up to $1000.00 per day per violation, as long ,rd No. Section as the violation remains, and costs of prosecution. PUD#s: Regulations: _ _ . . SERVED BT". ['Personal Service ®Certified Mail ❑Posting of Property Sections: Dated: I, , HEREBY acknowledge that I have received, read, and understand this notice of DESCRIPTION OF CONDITIONS CONSTITUTING THE violation. VIOLATION(S). I observed large piles of vegetative and construction debris Signature and Title of Recipient on property. This is in violation of the Collier County Litter Ordinance 05-44. Print INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Dated this 21 day of February 2007 ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 Reference case number: 2006060535 (239) 403-2488 Fax:(239)403-2343 Investigator signature / VIOLATION STATUS: ®Initial ['Recurring ❑Repeat U.S.Postal Service, CERTIFIED IVIAILTr, RECEIPT -0 (Domestic Mail Only No insurance.Coverage Provided) 1:3 For delivery information visit our website at www.usps.com,; ru OFFICIAL USE Postage $ C7 Certified Fee ! m Postmark l� Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) M1 Tott ru CRAFT, JAMES W Sent JACK W CRAFT 768 COMMERCIAL BLVD Stree or PC NAPLES, FL 34104 4797 Crn" Case Nbr - 2006060535 PS Form 3800 August'2006 Sec Reverse for Instructions ■ /- USPS - Track& Confirm Page 1 of 1 UN!TEDSTITFS Home l hied ITrack&Confirm Track & Confirm Search Results Label/Receipt Number:7006 2760 0003 0060 2036 .a. i , r Status: Delivered Track&Con n}s M; Your item was delivered at 10:19 am on February 27,2007 in NAPLES, Enter Label/Receipt Number. FL 34104.A proof of delivery record may be available through your local I Post Office for a fee. ( Additional information for this item is stored in files offline. ( Resionsp Gfffine Details>` (Reeturn ta USP c )ffmm >:'r IIIPOSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright©1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy ",--\ http://trkcnfrml.smi.usps.com/PTSIntern etWeb/InterLabelInquiry.do 9/11/2007 4-- 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. I2. RECEPTACLE — A container made of material that will protect the property and environment from Irakage, 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 CoIIier 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. t�E(:�70N SIXa'} 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 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 i. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for �\ each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5of16 ' No Legal()pinkie loaciaal ' 04 QUI ICLAIM DEED - - - -'71rIS -DOCINENT WAS-PREPARED BY AND RETURN TO:*" 3583758 • : 976 4f FERGUSON LAW GROUP 'OR. 3761 PG *" 1 RECORDED in OFFICIAL RECORDS Of COLLIER C01/1117, FL 4265 BONITA BEACH litINI TA BEACH, FLORIDA 34134 ; t X hiC) 03/29/2005 at 09:381X DWIGHT E. BROCE, CLERIC Rota: ACTIOK TITLE CO 4? PICK UP RIC FEE DOC-.70 10.00 .70 4 ??A ( , o's THIS QUITCLAIM DEED,made on 18th day of March 2005,between Timothy W.Ferguson.trustee and 1--- :, individually ("Grantor"}„.whose-post office address is 4263 Bonita Beach Road,Bonita Springs,34134 Collier Fl ' . \ 2 County. State of Florida, and James W. Craft and Jack W. Craft whose post office address is 768 Commercial I 't L Blvd.Noples,34104 Collier County,State of Florida,("Grantees"), (Whenever used herein the terms"Grantors"and Grantees"shall include singular and plural, heirs, legal-representatives, and assigns of-individuals, and the successors and assigns of corporation,whenever the context so admits or requires.) -' WITNESSETH;that Grantor;for and in ..,“,°-,-.,.'., of the sum of-$10.00,and other good and valuable consideration in hand paid by Grantees,the .---11 '.,.‘. -.--• do hereby remiserreleaseandquit-daim re Grantees.and Gramm'keirs, -- ..''Irli -Ilt:A ,- forever all of the right, tide, interest,and . 410k4A0- - demand of Grantor in the f. •. .,: .- piece or parcel-....rir,Mr,.'' ' lying and being in Collier County, Florida.to wit: LEGALD ' • P. 0 • .E- "-. of• West the - , Ruth and Last of U.S.41 in Section 18,T'wp.51, . .,, ....' - -..., ‘, ;Air ' - -.. r - tithe South 1471 feet and Um the Sonth-464*41 ,, the a, roi. Alio , '' Prowl v Appraiser's Folio I.D Mt MI../ W :- - Grantor War el ,s subject pre. I Jnimproved non-homestead TO.HAVZ AND.TO :toil, .-same together with 4..... , ..r..i.,%, appurtmunuxs thereunto bdonging p r 0 p e r t y or in anywise appertain*.and . ,,?IP"--,I, right brie,interest, 'Mr-.,;?"77;claim whatsoever of the said Grantor, in law-or in equity,to the only . .- at,,-,-, and hehoof of , ..,,-. . 1 ,1,- forever. IN WITNESS WHEREOF,the .. . ttE be ,.4... . ... ..these pesentsthe day andyear first ab:rve n I , ,/ _..... -no B Timothy W.17- , . , • 47.1 . (....""i-Pistrai .duldlY1"3 i 1.,?*/0 1 - and Witness Print-i I _4 1_4411(f--•"... I iff, p, _ traqtr~,0 Social Security Wi • ',11.. -e5- -4 4/.51/() I STATE OF FLORIDA CQUNTY OF COLLIER i 0 b(..- 0011sAilliii0/49/ The fo -.•, •, - - -, ,-—,,4 "4'-'"before=this/0 of inare-11 ,2(X 4011g'sm„Al$•,' F- _.- • ,. ',/.- -4.4 „to me or produced as identificalk .,:tosi se;41 tr,.1‘.• 1,..., r.,■, '071:7-siryleolm ik e--0 .7..:1....-..,-._12.....2:60: V o.2. - :Prnted Name: 7 i1 el) -6 9 4..n..c.-1 o.-le a t e,L'b...••,§*'cr)1--ea.=14t;-. ' ../...., 114N.3-4' lb ri oe d":"%:,)■:".. ..4)- 44. 0 %ulna . •ICC Plit;ak.i0C. Minall/110 ‘) James W Craft 768 Commercial Blvd. Naples, Fl. 34104 Bendisa Marku Secretary to Code Enforcement 2800 N. Horseshoe Dr. Naples, Fl. 34104 October 18, 2007 Dear Ms. Marku; I would like to request a continuance on case CEB 2007-107, scheduled for October 25, 2007 at 9:00 AM. I am unable to attend this hearing as I will be out of the country. I have valuable information regarding this case. Agricultural property is exempt from any digging that is less than 3 feet from natural ground. Also, was exempt for the cattle watering hole that was dug approximately 5 years ago. I also have never received in writing what the violations are that have occurred on the property. I have personally met with Susan 0' Farrell. At the time I met with her she was unsure what code statutes I had violated. She had placed a red stop work order on the property by County ordinance she is required within 24 hours to give written notice of any violations. As of this date, October 18, 2007. I look forward to resolving this matter; I would like to be scheduled for the next hearing, which I believe is November 29, 2007. Respectfully, James W. Craft CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-107 vs. JAMES W. CRAFT, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on October 25,2007,on the Respondents' Motion to Continue,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 Respondents' Motion for Continuance is GRANTED. This matter will be heard on November 29,2007. 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 L d y of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sat'8 oy ROW% 0* Y : ' '. ?�, ` ` Kenneth Kelly,Vice Chair 'ounty 2800 North Horseshoe Drive I HEREBY CERTIFY THAT this Is a true Naples,Florida 34104 83 correct copy eta o -AS"iii? in Board Minute ar i ?1irr County 1ciS SdSmfrr t r` 1- -:taa! thi$ 11 stay of . C�1 1 DWIGHT E. BROCA,CLERK OF COURTS tatima.; STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 22 The foregoing instrument was acknowledged before me this31 d ay of QCA ,2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or v"---who has produced a Florida Driver's License as identification. " KRIS INEHOLTON NOTARY PUBLIC MY COMMISSION#DD 688595 My commission expires: Bonded TAIruENotary Public Underwnters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James W.Craft,768 Commercial Blvd.,Naples, FL 34104 this3Srday ofOc-- j,b-er--,2007. / M.Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Linda Geibelhouse-Deluca and Charles Deluca, Respondent(s) CEB No. 2007-108 DEPT No. 2006081075 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-108 Dept. Case No. 2006081075 Plaintiff, vs. LINDA GEIBELHOUSE-DELUCA AND CHARLES DELUCA, 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: October 25, 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: 4920 Cherry Wood Drive SERVED: Linda Geibelhouse-Deluca and Charles Deluca, Respondent Inv. Susan O'Farrell, 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. 2007-108 vs. DEPT CASE NO.2006081075 Linda Geibelhouse-Deluca and Charles Deluca STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code Ordinance 04-41 as amended section 3.05.08 Prohibited Exotics 2. Description of Violation:Prohibited exotics throughout the property. 3. Location/address where violation exists:4920 Cherry Wood Drive Naples,Florida 4. Name and address of owner/person in charge of violation location: Linda Geibelhouse-Deluca and Charles Deluca 4920 Cherry Wood Drive Naples,Florida 34119 5. Date violation first observed: 8-21-2006 6. Date owner/person in charge given Notice of Violation: 11-3-2006 7. Date on/by which violation to be corrected: 12-4-2006 8. Date of re-inspection: 9-12-2007 9. Results of Re-inspection:Violation Remains 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 12th day of September S—en C___1 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(;affirmed)and subscribed before this 19th day of September 2007 by Susan O'Farrell. � 1/ARLENE G.SERRANO st,(Signa e of Notary Public (Prin,TypIddattni101110nilig@s4b Mida Nam=of Notf�9D 401145 Personally known ✓✓✓ or produced identification My Bonded m expire March sur nce Type of identification produced Bnd thru 1st State Insurance REV 3-3-05 () COLLIER COUNTY,FLORIDA NOTIG ;-J-ORDINANCE VIOLATION AND ORDER TO CORRECT TO:Linda and Charles Deluca, Owners ORDER TO CORRECT VIOLATION(S): 4920 Cherry Wood Drive You are directed by this Notice to take the following Naples,FL 34119 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Remove all prohibited exotic plants from the entire Within Collier County Zoning District: property and maintain property free of these Sec 04 Twn 49 Rng 26 Subd prohibited exotic plants. Remove vegetative debris Blk Lot Parcel litter to an appropriate waste facility. Debris may be Of Collier County Record. Property ID: 41831200009 mulched on site and hauled off in an enclosed PUD Tract Unit SDP container. Follow the requirements for removal of OR 3538 Page 2377 :OR Page prohibited exotic vegetation in accordance with 04-41 as amended section 3.05.08. The base of remaining AKA(Address) 4920 Cherry Wood Drive Naples,FL vegetation shall be treated with a U.S. EPA approved NOTICE herbicide and a visual tracer dye shall be applied. Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 05-55 and 97-35, as amended,you are ON OR BEFORE: 4th December 2006 notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- PENALTIES MAY BE IMPOSED described location. 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per Ord No. 04-41 as amended Section 3.05.08 violation. ��rd No. 2005-44 Section 2) Code Enforcement Board review finds a violation 3rd No. Section exists, a maximum fine of$1000.00 per day in the case of a first violation., as long as the violation remains, and costs of prosecution. PUD#s: Regulations: SERVED BY: ZPersonal Service DCertified Mail DPosting of Property Sections: Dated: I, , HEREBY acknowledge that I have received, read, and understand this notice of DESCRIPTION OF CONDITIONS CONSTITUTING THE violation. VIOLATION(S). Did Witness: Signature and Title of Recipient Observed prohibited exotics throughout property. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Print ENFORCEMENT INVESTIGATOR Ten Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 Dated this 3rd day of November 2006 (239) 403-2444 Fax:(239)403-2343 Reference case number: 2006081075 Investigator signature Pt VIOLATION STATUS: Initial DRecurring DRepeat n U.S.:Postal Servicerr:, N CERTIFIED MAIL.,RECEIPT M1 :(Domestic Mail Only;No Insurance Coverage Provided) M1 For delivery information visit our website atwww.usps.com, rq OFFICIAL USE rq Postage $ fU Certified Fee Return Receipt Fee =rk (Endorsement Required) Here Restricted Delivery Fee r` (Endorsement Ranuiredl u7 fU Total Posts u-t GIEBELHOUSE-DELUCA, LIND. Sent To CHARLES DELUCA N Street,Apt, 4920 CHERRY WOOD DR or PO Box A NAPLES, FL 34119 City,State, Case Nbr — 2006081075 PS Farm 3800,dunL2002 See Reverse far Instructions' `a9 AFFIDAVIT OF POSTING Respondent(s): Giebelhouse-Deluca, Linda Code Case 2006081075 4920 Cherry Wood Drive CEB # Naples,FL. 34119 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing El Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑ Other: I, Jennifer Waldron , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 4920 Cherry Wood Drive Naples, FL (Address) on 04/10/07 , 1:45 DAM at the Collier County Courthouse. (Date) (Time) Si tur Environmental Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sword to r affirmed)and subscribed before me this / 0 day of ��✓ 200-7 by -"P.n 4-"sr �-- (Name,•f ltrson making statement) (Sidi. .1 e of Notary Public) (Print,type or st• N S RRANO Commissioned :i.e 9u � of Florida Comm No DD 401145 Personally Known !'nmm expires March 04,2009 Produced Identification = thru 1st State Insurance Type of Identification Produced Affidavit of Posting Original to File Copy of Posted Notice and Pictures Attached 6/03 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 C. 3.05.08 ii. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. iii. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance.Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a. Al! principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site alter- ations shall have a minimum 10-foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H.,which were adopted on or after June 19, 2003. (Ord. No. 05-27, § 3.M) 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Supp. No. 2 LDC3:40 RESOURCE PROTECTION 3.05.08 3.05.08 A. Catclawmimose (Minosa.pigra). Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way,common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prier to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. Supp.No.2 LDC3:41 '7 *** 3376409 OR: 3538 PG: 2377 *** Return to: Name: RICORDID ii OFFICIAL RECORDS of COLLIER COUNTY, FL Address: 04/01/2004 at 01:49P1(DWIGHT 1. 310C1, CLERI This InsarmeatYrNaece: CONS 93350.00 Lisa chest w.. = r _ fie FEE _ . 6.00 Accelerated Tide Co. DOC'.10 613.10 SOS N.idea Street Rota:1YPRISS EAU Suite 165 ACCIL1RAYID TITLI CO Tampa,Florida 33609 4315 NITRO PM 1 325 as a necessary incident to the fulfillment of conditions FT NYUUS FL 33916 contained in a tide insurance conunitmcnt issued by it. Property Appraisers Parcel I.D.(Folio)Number(s): 41831200009 Grantee(s)S.S.#(s): File No:FM040186 WARRANTY DEED This Warranty Deed Made the 26TH day of March,2004,by LINDA GIEBELHOUSE-DELUCA,A MARRIED WOMAN, JOINED BY HER SPOUSE CHARLES DELUCA, hereinafter called the grantor,whose post office address is: 4920 CHERRY WOOD DRIVE,NAPLES,Florida 34119 to LINDA GIEBELHOUSE-DELUCA AND CHARLES DELUCA,HUSBAND AND WIFE,whose post office address is: 4920 CHERRY WOOD DRIVE,NAPLES,Florida 34119,hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum of S10.00 Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains, sells, aliens,remises,releases, conveys and confirms unto the grantee,all that .:t1••t,storm oilier County,Florida,�-t1 ty viz: THE WEST 75 FEET OF EAST 180 FE ,. * yr,• 108 c a-:TE ESTATES,UNIT 95,According to the Plat thereof as Recorded in Plat Boo ', •:e 45,of the Public Rec. .. . Collier County,Florida 0 pv The property 6 not the homestead of th TOGETHER with all the tenements,h .ents and appurtenances to. Ion:,, To Have Sad to Hold,the same in fee s',pi . !j m anywise appertaining. And the grantor hereby covenants with ,. - that the grantor is la 't s -. .'said land in fee simple;that the grantor has good right and lawful authority to sell . , said land;that the gra .y fully warrants the title to said land and will defend the same against the lawful claims• ,, s who id land is free of all encumbrances,except Sa taxes accruing subsequent to,reservations,resole: -TA. _ , any. (The:eons"granter"and"grantee"herein shall be contra-• • N7, Y In .and singular or plural as the confect indicates.) Loess Whereof,Grantor has hereunto set grantor's,an.and seal the day and year first above written. Signed,sealed and delivered in our presence: ^ Witness Signature: u„`p,,oa - 4 :" __ - its L Printed Name: • . 5 C.c m h i.': ® 4 •USE-D �v Witness Signer ' /j ' !! II i�, f ip •Printed Name: atlyltet.� e,. - ► • • DELUCA Witness Signature: Printed Name: Witness Signature: Printed Name: STATE OF FLORIDA COUNTY OF L t a The foregoing instrument was acknowledged before me this 26TH day of MARCH 2004, by LINDA GIEBLEHOUSE-DELUCA AND CHARLES DELUCA, who is/are personally known to me or who has/have • produced driver license(s)as identification. My Commission Expires:11-\g-p'1 , , Q —\ Printed Name:' t.SvN (ycrNaSctsL MEGAN gERNpSCONI Notary Public NOTARY PUBLIC-STATE Or ROrSOA Serial Number COMMISSION 8/30242983 EXPIRES 08/19/2007 Dot OTNat r•ASS OrARYN .. 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-108 DEPT NO. 2006081075 Linda Giebelhouse and Charles Deluca Respondent(s), TIPULATION/AREEMENT COMES NOW, the undersigned, n.2(vs A.\1 >P)uc r , 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 2006081075 dated the 3rd day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.08 Prohibited Exotics and are described as: Prohibited Exotics throughout property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$430.49 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Remove all exotic plant material and litter associated with exotic removal within 60 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 41IP /b zr07 /7k A Respondent Michelle mold, Director Code Enforcement Department /0/9._S-10-2 • n P n — It Code Enforcement Investigator REV 3-3-05 ■ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-108 vs. LINDA GEIBELHOUSE-DELUCA AND CHARLES DELUCA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 Linda Geibelhouse-Deluca and Charles Deluca are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4920 Cherry Wood Drive,Naples,Florida 34119 Folio 41831200009,more particularly described as The West 75 feet of East 180 feet of Tract 108,GOLDEN GATE ESTATES,UNIT NO. 95,according to the Plat thereof recorded at Plat Book 9,Page 45,of the Public Records of Collier County,Florida was in violation of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,section 3.05.08 in the following particulars: Prohibited exotics throughout the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: 1. That the violations of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,section 3.05.08 still exist and that the Respondent must remove all exotic plant material and litter associated with exotic removal within 60 days(December 24,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007,then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$430.49 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 ��j -day of QC-I 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO TY FA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,D I day of DC i)1t.V— , 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. ,y:----- NOTARY PUBLIC I( 11NEHDLTON My commission expires: MY COMMISSION M DD 688595 41,& i EXPIRES:June 18,2011 '/#;,11 Bonded Thou Nobly Public UndomrM�n CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Linda and Charles Deluca,4920 Cherry Wood Drive,Naples,FL 34119 this_-�I� day ofd }-y ,2007. M.Jean son,Esq. Florida ar No. 750311 state or FLORIDA - --- '! ' s 1 .1, r.rney for the Code Enforcement Board ;aunty of COLLIER - ,+d%Fifth Avenue S.,Ste.300 Naples,Florida 34102 I HEREBY CERTIFY THAT this is a true (239)263-8206 correct copy of a r!C21 ' ;.'" {:f1 `i)a In 1' - :=:;-zr County day Of l 6� ; t i' WIGHT E. BROCK; DWIGHT CLERK OF COURTS `�JLQ,�'�. D.C. ..,.v ,- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-108 DEPT NO. 2006081075 Linda Giebelhouse and Charles Deluca Respondent(s), ATIPULATION/AREEMENT COMES NOW, the undersigned, Je.e..c.es A . , 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 2006081075 dated the 3rd day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.08 Prohibited Exotics and are described as: Prohibited Exotics throughout property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$430.49 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Remove all exotic plant material and litter associated with exotic removal within 60 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 0010 /a Respondent Michelle mold, Director / Code Enforcement Department /07)1,5—/D Code Enforcement Investigator REV 3-3-05 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo and Miradis Miralles., Respondent(s) CEB No. 2007-109 DEPT No. 2006100482 ITEM PAGE(S). _.. .._.. ._ Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-22 Deed 23 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-109 Dept. Case No. 2006100482 Plaintiff, vs. ALFREDO AND MIRADIS MIRALLES, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 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: 1.0,8 So. 6th Street Immokalee, FL 34142 SERVED: Alfredo and Miradis Miralles, Respondent 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.2007-109 vs. DEPT CASE NO.2006100482 Miralles,Alfredo&Miradis,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) The Collier County Land Development code 2004-41,as amended, Sec(s): 1.04.01 (A,B,C), 1.05.01(F),2.03.01(H),4.02.01(A),9.03.01(A,D)and 10.02.06.B.1(a-f). 2. Description of Violation: Unlawful increased development and use of"Village Residential"(VR) zoned property in Collier County known as 108 So.6th street,Immokalee Fla,a.k.a. lots 8,9& 10, block-4,Carson subdivision of Collier County record,without prior Collier County Zoning&Land Development review and approval and without a Collier County building permit. Structures not built and/or altered to Collier County Building Code which poses Health and Safety concerns.. 3. Location/address where violation exists: 108 So.6th Street Immokalee,Florida 34142 "4. Name and address of owner/person in charge of violation location: Alfredo & Miradis Miralles 1703 Immokalee Dr Immokalee,Florida 34142. 5. Date violation first observed: October 27,2006 6. Date owner/person in charge given Notice of Violation: July 17,2007 7. Date on/by which violation to be corrected:August 27,2007 8. Date of re-inspection: September 17,2007 9. Results of Re-inspection:No action taken. 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 September, 2007 10 # 1 1 Jf. •antafemia Pro.-rty Maintenance Specialist STATE OF FLORIDA o'""' '' Linda C. Wolfe COUNTY OF COLLIER _?: `..; Commission#DD273407 N„., ?:oQ Expires:Dec 07,2007 S . or affirmed and su.i cribe. before th4ay o y '9'F" " is Bonding Co.,� / �" Atlantic Bondin C Inc. A� ,,�i' i_ afore of Notary Public) / (Print/Type/Stamp Commissioned Name of Notary Public) Personally knowntr produced identification __ Type of identification produced REV 3-3-05 2. Case Number 2006100482 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION (� P—\vner: MIRALLES,ALFREDO& Date: 10/27/07 Investigator JOHN SANTAFEMIA Phone: 239-403-2397 MIRADIS Zoning Dist "VR" Sec 4 Twp 47 Rng 29 Mailing: 1703 IMMOKALEE DR Legal: Subdivision 258 CARSON SUB Block 4 Lot 8-10 IMMOKALEE,FLORIDA 34142 Location: 108 S. 6TH STREET Folio 25581480001 OR Book 1862 Page 2071 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATIONS) : Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44, you are notified that a violation(s) of the following You are directed by this Notice to take the following Collier County Ordinance(s) and or PUD Regulation(s) corrective action(s) exists at the above-described location. SEE, ATTACHED SUPPLEMENTAL 7x COLLIER COUNTY ORDINANCE 2004-41 as amended, SEC. 1.04.01 (A,B,C): GENERALLY SEC. 1.05.01(F):PURPOSE AND INTENT SEC.2.03.01 (H):RESIDENTIAL ZONING DISTRICTS SEC.4.02.01 (A)TABLE 2.1: SETBACK REQUIREMENT SEC. 9.03.01 (A,D): NONCONFORMITIES GENERALLY SEC. 10.02.06.B.1 (a-f): SUBMITTAL REQUIREMENTS PERMIT DESCRIPTION OF CONDITIONS CONSTITUTING THE Supplemental attached VIOLATION(S). • Did Witness: Unlawful increased development and use of "Village Residential" (VR) zoned property in Collier County known ON OR BEFORE: SEE SUPPLEMENTAL 200 as 108 So. 6th street, Immokalee Fla, a.k.a. lots 8, 9 & 10, block-4, Carson subdivision of Collier County record, Failure to correct violations may result in: without prior Collier County Zoning &Land Development 1) Mandatory notice to appear or issuance of a citation review and approval and without a Collier County building that may result in fines up to $500 and costs of permit. Structures not built and/or altered to Collier prosecution. OR County Building Code which poses Health and Safety 2) Code Enforcement Board review that may result in concerns fines up to $1000 per day per violation, as long as the Sun"p�emental attached violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE SERVED BY: ENFORCEMENT INVESTIGATOR: JOHN Santafemia Personal Service ❑Certified Mail ❑Posting of Property 2800 No.Horseshoe Dr.Naples,FL 34104 ['Fax ❑Mail (239) 403-2397 r Fax:(2 ')403-2341 1 Investigator signature Asimppr : 2 !, ` u Signaturg and Tit e of Recipient IOLATION STAT Print II�iitial ❑Repeat Dated this 17TH day of JULY ,2007 OA 0 AiCtS Notice of Violation Original to File Cony to Recnonrlent Cnnv for Site Pnctine Cony for Official Poctine Rev 5/1()/07 Case Number 2006100482 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION The following renovations, improvements, additions and use have taken place without Collier County review and approval; 1) Unit No.2, lot-9, converted from "single family" use, as referenced on Collier County permit No.-1-86-163, into current 4-plex use, now known as units 1, 2, 3 & 4 2) Unit No.3, lot-9, converted from "single family" use, as referenced on Collier County permit No.I-86-164, into current duplex use, now know as units 5 & 6. 3) Unit No.5, lot-10, converted from "single family" use, as referenced on Collier County permit No. I-86-165 and 1-86-256, into current 4-plex use, now known as units 7, 8, 9, & 10. .-.4) Wood frame laundry and related electrical improvements for (3) washers and (2) clothes dryers added to unit-15, lot-10, with no permit history found. 5) Addition added to the west side of unit-15, lot-10, with no permit history found. 1'. r 1 1/21C2'/ C'r R. ind ot's Si S?1,1 ure Date I �'�/ �I MIt.#140 •ator' :Ignature Date e •Notice of Violation Original to File Copy to Respondent Co' for Sit Posting Copy for Official Posting Rev9/03 Case Number 2006100482 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION ORDER TO CORRECT VIOLATIONS: 1) Must engage the services of a licensed professional, so as to inquire into the feasibility of Collier County zoning and land development acceptance of all currently existing structures, and the extent of use allowed for the property located at 108 So. 6th street, Immokalee Fla., a.k.a. lots 8-10, block-4, Carson subd of Collier County record, within 14 business days after receipt of this notice. 2) Must make application for all required after-the-fact Collier County building permits or all required demolition permits within 28 business days after receipt of this notice. 3) Must obtain all required after-the-fact building permits within 120 days after receipt of this notice and must execute permits, so as to obtain all required inspections through to issuance of a Certificate of Occupancy/Completion for all increased development and improvements within 120 days of issuance of permits. 4) Alternatively, must obtain all required Collier County demolition permits within 45 days after receipt of this notice and execute permit by removal of all non- allowed, non-permitted renovations, additions and improvements and resulting debris to proper final disposal within 120 days after receipt of this notice, restoring all premises to a state of compliance with all Collier County Codes. C ,c.�C> i dLr' ( Date 1"J d•V. tigat• s ignature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 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, RE-CODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY.BY CREATING.THE-FQLLOWING:_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 _. ._ 7 provisions of Exhibit A of this Ordinance may be corrected as to any misspellings, formatting, or numbering errors; and may be renumbered or releftered, and the word "ordinance" may be changed to "section," "chapter," or any other appropriate word, as part of the publishing process, so long as the substance and intent of the adopted provisions is not altered in any way. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become effective, after filing with the Department of State, at 12:01 AM on September 27th, 2004 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 22nd day of June, 2004. ATTEST: Dwight E. Brock, Clerk BY: Is/ Deputy Clerk BY: /s/ Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Patrick G. White - Assistant County Attorney 1.04.01 Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.05.01 Purpose and Intent A. It is the purpose of the Board of County Commissioners of Collier County to establish the standard.°regulations _andr..pro edures for-review-and- approval of all nropo-sod development of property in unincorporated Collier County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the GMP. B. In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the unincorporated areas of Collier County, it is the intent of this LDC that the development process in Collier County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of Collier County. C. The Board of County Commissioners deems it to be in the best public interest for all property and development to be conceived, designed, built, and used in accordance with good planning and design practices and the minimum standards set forth in this LDC. D. It is the intent and purpose of this LDC to establish and adopt comprehensive zoning regulations governing the use of land and water in the unincorporated areas of Collier County, Florida. These regulations are based on a comprehensive plan for future development, and are enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the residents of the County. E. This LDC iterids" to accomplish and to provide for efficiency and economy in the process of future development and redevelopment; appropriate use of land; preservation, protection, conservation, and development of the natural resources of land, water and air, convenience in circulation of traffic for the transport of people, goods, and commodities; protection of persons and property in floodways and floodplains; healthful and convenient distribution of population; adequate and continuously maintained public facilities and utilities; promotion of amenities, both public and private, to maintain and improve the quality of life for all residents; and development consistent with the GMP. F. In order to ensure that all development in unincorporated Collier County is consistent with the Collier County GMP, it is necessary and proper to establish a series of zoning districts to ensure that each permitted, accessory and conditional use is compatible with surrounding land uses, served by adequate public facilities, and sensitive to natural and coastal resources. Each zoning district has its own purpose and establishes permitted uses, uses accessory to permitted uses, conditional uses, dimensional standards and other land use, density and intensity regulations and references, sign regulations, off-street parking and loading regulations, landscaping regulations, and other regulations that control the use of land in each zoning district. All development within each zoning district shall be consistent with the purposes and regulations stated for that zoning district in Chapter 2. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: C 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B, Estate District "E". The purpose and intent of the estates district-"E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP or as provided under the Golden Gate Master Plan. 1. Minimum yard Requirements. See the Table in Chapter 2.07.00 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. the setback along the longer lot line may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) GRAPHIC LINK: Click here b. Nonconforming Corner lots. Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard..(See Exhibit B). A:' GRAPHIC LINK: Click here Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The Nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. C. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts "RSF" is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping, and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts, such as governmental, educational, religious, and noncommercial recreational uses, are permitted as conditional uses as long as they preserve, and are compatible with, the single-family residential character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential-single-RSF districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. D. Residential Multiple-Family-6 District "RMF-6". The purpose and intent of the residential multiple-family-6 district (RMF-6) is to provide for single-family, two-family and multi-family residences having a low profile silhouette, surrounded by open space, being so situated that it is located in close proximity to public and commercial services and has direct or convenient access to collector and arterial roads on the County major road network. The RMF-6 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-6 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element E. Residential Multiple-Family-12 District "RMF-12". The purpose and intent of the residential multiple-family 12 district "RMF-12" is to provide lands for multiple-family residences having a-mid-rise Profile, generally surrounded by lower structures and open--'°°® 1/ space, located in close proximity to public and commercial services, with direct or convenient access to collector and arterial roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the mid-rise multiple-family character of the district. The RMF-12 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-12 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-12 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. F. Residential Multiple-Family-16 District "RMF-16". The purpose and intent of the residential multiple-family-16 district "RMF-16" is to provide lands for medium to high density multiple-family residences, generally surrounded by open space, located in close proximity to public and commercial services, with direct or convenient access to arterial and collector roads on the county major road network. Governmental, social, and institutional land uses that serve the immediate needs of the multiple-family residences are permitted as conditional uses as long as they preserve and are compatible with the medium to high density multiple-family character of the district. The RMF-16 district corresponds to and implements the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the RMF-16 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RMF-16 district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. G. Residential Tourist District "RT". The purpose and intent of the residential tourist district "RT" is to provide lands for tourist accommodations and support facilities, and multiple-family uses. The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. H. Village Residential District "VR". The purpose and intent of the village residential district 'VR" is to provide lands where a mixture of residential uses may exist. Additionally, uses are located and designed to maintain a village residential character which is generally low profile, with relatively small building footprints as is the current appearance of Goodland and Copeland. The VR district corresponds to and implements the mixed residential land use designation on the Immokalee future land use map of the Collier County GMP. It is intended for application in those urban areas outside of the coastal urban area designated on the future land use map of the Collier County GMP, though there is some existing VR zoning in the coastal urban area. The maximum density permissible in the VR district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the VR district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as designated on the Immokalee future land use map of the GMP. /9 n 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principle Uses in Base Zoning Districts. TABLE INSET: �' '-'` ' _'_c W4 I!-a . �. r ' B f s, � ' ' t r4 t',",, r�1 ' r�4� g f: iN ..at Floor Area W.�0 x k a) r 4L:: i' t1,1',-, ® r 4� �4r� - Ratio k GC None None - None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 20,000 120 None RSF-3 10,000 Corner lot Interior lot None 95 80 RSF-4 7,500 75 70 None RSF-5 6,000 70. 60 None RSF-6 6,000 70 60 None RMF-6 S.F. 6,500 60 None n Duplex 12,000 80 3+units 5,500 per unit 100 RMF-12 43,560 150 None RMF-16 43,560 150 None RT 43,560 150 None VR 6,000 60 None S.FJMH 10,000 100 Duplex 43,560 150 M.F. MN 6,000 60 None TTRVC Park 20 acres Travel trailers/Park models 40 None site 800 Campsites 30 lots C-1 20,000 100 None C-2 15,000 150 None C-3 10,000 75 None C-4 10,000 100 None C-5 10,000 100 None I 20,000 100 None BP Park 35 acres 100 45 site 20,000 lots CON 217,800 150 None n P None None None CF 10,000 80 None /; , n Table 2. Building Dimension Standards for Principle Uses in Base Zoning Districts. TABLE INSET: . e as ��m 4� k ' dam,°' +� �s ,r:,.. fy #t, & ^^kTCfs�"^°"�^�., ,� � �, i�k �` ; ', nr,a ioE )fir rn e4 4 ' , r c s ®r r 4.4,5T..- ., : %," '�—. s: : "e.€s if IO :.: { .e,ro {5 } •`` - ,aS-/,. 6 �6t e`�al 'a lS:1-d J ,rct pt 4'�" H r +a,y,3" ipg y§; . ';';'1 ,011 .,;E:„.;1 L" I 'EV''4" ',I,' � , r. !3'—t-2 z T ,.� Af r x yliV ye �, 0 00,E{ti 5" 44: . b ,.1, --- .3, 1 4 1-,�-� �u la "�" -'u1 r�s �- _ z��{r��.' '_ q��i� 3` _.;. �a� _ m4 � :#,.a:,r,'* „+,..,: 3tr , 5=J4.W ..d'.. '� GC 35 None None None A 35 None 550 _None E 30 None 1,000 None RSF-1 35 None 1-story 2-story None 1,500 1,800 RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 35 A 750 None RMF-12 50 A Efficiency 450 None 1 BR 600 2+BR 750 RMF-16 75 A Efficiency 450 None 1 BR 600 n 2+BR 750 RT 10 stories,not to A 300 None exceed 100' (max.for hotel units=500) VR S.F.30 None None None MH 30 None Duplex 30 None M.F.35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000(ground floor) None C-2 35 A 1,000(ground floor) None C-3 50 None _700(ground floor) None C-4 75 A 700(ground floor) Hotels.60 _ Destination resort.80 C-5 35 A 700(ground floor) Hotels.60 _ Destination resort.80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas 40 D 1,000(ground floor) None Other 30 Overlay Districts See table of special design requirements applicable to overlay districts. A = 50% of the sum of the heights of the buildings, but not less than 15 feet. //t B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. Table 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. TABLE INSET: s�P� - ' i ax: s T4 n f 7kti,.'.,s...,�, t- ` u ' 3:01151,71'""--s a l Mta- IIIf � ' ? rt+ :I fi `f 7,z� � c ... .. h i r k. , ,,•,,, E, 4 7*;,,, y6 S x 3?, r ,Y f ." 1t z r n ::-a F iY 4 ;l :, t 4 ¢ uY �"4 ` r=. * Td ( p` 'r v .fit" ,�� ' ;- , c s :1;-,---,S sl, ,-ems 4 P # t `s 7 x;', re.`le ?r ',- a ; GC None None None A 50 30 50 x E 75 30 75 x - RSF-1 50.._ 30 50_ x RSF-2 40 20 30 x RSF-3 30 Waterfront Non-waterfront 25 x n 10 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 7.5 20 x Duplex 25 NA 10 20 3+units 30 NA 15 20 RMF-12 30 a 30 x RMF-16 b a b x RT b a b x VR SFJMH 20 Waterfront Non-waterfront 20 x Duplex 35 10 5 30 M.F.35 15 15 30 15 15 MH1 25 Waterfront Non-waterfront 10 x 10 7.5 TABLE INSET: -rwasz :::,:.: r 4 '1 wfel , al :- rah " tt C-1 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 ./C C-2 25 25 15 25 15 x C-33 c 25 a 25 a x C.44 d 25 a 25 a x C-54 25 25 15 25 15 x 14 25 50 a 50 15 x BP 50 50 10 50 _25 - CON5 50 50 50 - P f f f x CF 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 Overlay See table of special design requirements for the applicable overlay district located in the appropriate section for that district Districts in chapter 4. 1 MH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15ft. 2 TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10 ft. ^ 3 C-3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none. 4 C-4, C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none; setback on any side adjacent to a railroad right-of-way = none 5 Any non-conforming platted lot of record in the CON District that existed before November 13, 1991 will be subject to the following standards: Front yard: 40 feet. Side yard: ten percent of the lot width, but no more than 20 feet on each side. Rear Yard: 30 feet. a = 50% of the building height, but not less than 15 feet. b = 50% of the building height, but not less than 30 feet. c = 50% of the building height, but not less than 25 feet. d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved through a unified plan of development involving one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. /A. Mobile home District "MH". The purpose and intent of the mobile home district "MH" is to provide lands for mobile homes and modular built homes as defined in this Land Development LDC, that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County GMP. The maximum density permissible in the MH district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee future land use map of the GMP. J. Prohibited animals in residential districts. The following animals are to be considered farm animals and are not permitted to be kept in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats, hogs, and the like. 2.07.00 RESERVED* *Editor's note: Ord, No. 05-27, § 3.1, repealed § 2.07.00 in its entirety. Formerly, said section pertained to table of setbacks for base zoning districts as enacted by Ord. No. 04-41 CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES 8.01.00 Generally[Reserved] 8.02.00 Board of County Commissioners 8.02.01 Powers and Duties 8.03.00 Planning Commission 8.03.01 Establishment; Powers and Duties 8.03.02 Membership 8.03.03 Quorum and Voting 8.03.04 Rules of Procedure 8.03.05 Compensation 8.03.06 Meetings 8.03.07 Staff 8.04.00 Board of Zoning Appeals 8.04.01 Establishment; Powers and Duties 8.04.02 Membership 8.04.03 Quorum and Voting 8.04.04 Rules of Procedure 8.04.05 Compensation 8.04.06 Meetings 8.05.00 Building Board of Adjustments and Appeals 8.05.01 Establishment and Purpose 8.05.02 Powers and Duties 8.05.03 Membership 8.05.04 Quorum 8.05.05 Rules of Procedure 8.06.00 Environmental Advisory Council 8.06.01 Establishment 8.06.02 Purpose 8.06.03 Powers and Duties /7. 9.04.05 Specific Requirements for Variances to Flood Hazard Protection Requirements 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line 9.04.07 Specific Requirements for Waiver of Automobile Service Station Distance Requirements 9.03.00 NONCONFORMITIES 9.03.01 Generally A. Intent. Within the zoning districts established by the LDC or amendments that may later be adopted, there may exist lots, structures, uses of land, water and structures, and characteristics of use which were lawful before the LDC was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of LDC or future amendments. It is the intent of this section to permit these nonconformities to continue until they are voluntarily renovated or removed as required by the LDC, but not to encourage their survival. It is further the intent of the LDC that the nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. B. Declaration. Nonconforming uses are declared by this section to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land or water, or a nonconforming use of structure, land or water in combination shall not be extended or enlarged after the effective date of the LDC or relevant amendment thereto by attachment on a structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided for within section 9.03.03 B.4. C. Vested projects. To avoid undue hardship, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment of the LDC. In addition, nothing in the LDC shall be deemed to require a change in the plans, construction, or designated use of any property for which a development plan was lawfully required and approved prior to the effective date of adoption of relevant amendment of the LDC, provided that such plan shall expire two (2) years from the date of said approval, or one (1) year from the date of adoption of the LDC, whichever shall first occur, if no actual construction has been commenced; and thereafter, all development shall be in accordance with the zoning regulations then in effect. Any such approved plat or plan may be amended by approval of the BCC, provided the degree of nonconformity with the LDC shall not be increased. D. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. E. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this Code, which are permitted as a conditional use in a district under the terms of the LDC or any subsequent amendment to this Code, shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use 10.02.13 Planned Unit Development(PUD) Procedures n 10.02.14 Landscape Plans 10.03.00 Notice Requirements 10.03.01 Generally[Reserved] 10.03.02 Posting Signs Required[Reserved] 10.03.03 Mailed Notice Requirements[Reserved] 10.03.04 Published Notice Requirements[Reserved] 10.03.05 Notice Requirements for Public Hearings Before the BCC,the Planning Commission, the Board of Zoning Appeals,the EAC, and the Historic Preservation Board 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 10.04.01 Determination of Completeness 10.04.02 Applications Subject to Type I Review 10.04.03 Applications Subject to Type II Review 10.04.04 Applications Subject to Type III Review 10.04.05 Procedures for Review and Approval of Type I Applications 10.04.06 Procedures for Review and Approval of Type II Applications 10.04.07 Procedures for Review and Approval of Type III Applications 10.04.08 Modifications to Pending Applications 10.04.09 Request for Continuance of Public Hearing[Reserved] 10.04.10 Withdrawal of Pending Applications[Reserved] 10.04.11 Public Hearings 10.04.12 Denial of Application[Reserved] 10.05.00 Amendments to Development Orders[Reserved] 10.05.01 Generally[Reserved] 10.05.02 Major Amendment[Reserved] 10.05.03 Minor Amendment[Reserved] 10.06.00 Appeals[Reserved] 10.06.01 Applicability 10.06.02 Stay of Proceedings 10.06.03 Time for Applications 10.06.04 Final Action on Appeals 10.06.05 Judicial Review 10.07.00 Enforcement 10.07.01 Responsibility for Enforcement[Reserved] 10.07.02 Complaints and Investigations[Reserved] 10.01.01 [10.07.03] Notification of Violation[Reserved] 10.08.00 Conditional Uses Procedures 10.09.00 Variance Procedures 10.02.00 APPLICATION REQUIREMENTS 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a. development of regional impact (DRI), it shall meet all of the /j 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 g 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 9�. order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which._a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or ,f. 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. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. _ A.zoning certificate shall be required for any use of land or • 22 1 • =-7,,4-',$ ''''S.., -,:;;;---. I I . , ',..7"%;,;••,':',-,‘,,,:.1-,1-,.., „i ki,.....-'.h:....14.‘ . JULIO E.CASO.E50., • . /.- • Return toe ofb.19965.W FirStSireef . .-4-. - . ...., Grantee(s) 8.S. *Mimi,At 33135-1E67 .:.L.,:"..' ,.praettxtrAisaisers Parcel-leiliFollolaNtbers It Ot 7 0025pol. 0009 MANGO 0041*DX . .. , .. . , . . LOU:.8,9,10;0000025581450001 .• at't j:r: ihis illorranty Doi Male and.Reed.1 Ay 30th Jay 4 August A.D. 10 93 by 4'PRNI 't.;.._go . _ et '"' AMP"' JOHN INVESTMENT CORPORATION 1FIT ' •C:, IN, st,carawasion Marne tailor ike lent of the State of Florida .sad&wine lit Principal pLue 4 73 . Imam.el 19360 S.W. 127th Court, Miami, Florida 33177 CD -.' CD °2 I farnineher veiled rite grepter.to P••• .•••• me la Pki , 1---<- ALFREDO MIRALLES and MIRADIS MIRALLES, his vife .,c .... whose ernieffirn ehipest a - 5Valthe let Street, Immokalee, Florida 33934 ::„. aireilialhe retied the groom 7 ms,.....,....1..mo air ono"moor"sot Nwoor he..a K.prise a oh Mamma of IA*ANN,It1 fttte*It..lad.,.*as...a 0.6.1.1wO,as M.room.sat worm 4 sairkeim* liNtegiSeth: Thni iitt rat,j er.fr and la sonsidosima 4 ill,sum 4 S10.00 eml ether ... iii mit."14 c°"44''', W''''''"icaPi wils". 1 Ohtroi,9 iic&nrneteileat by them Few*410er earn,Iternern.mIL mien,Malls.rowan,canary and cenliret two At amigo",all flua certain lord ow.is cz County,Florida,wit: CS 4 Lot 1,6,9, and 10, Block 4, CARSON'S SUBDIVISION C, • according to Plat, in'Plat Book 2, Page 40, Public Records of Collier County, Florida .. tea ' ire 02 SUBJECT TO: P.. .... 1, 'ranee for the year 1993 and subsequent years cm 2. Conditions, restrictions, easements, Limitations and zoning ordenances .of.record, if any. .._ . , . . . . ... . . _ _ ..... - .. . . . .. ..._. . . .. . .— . . .. .. _... .44 ,,,..._. 4, , . . TOPthEr mid.all aft,internee*hereelltinnante and eppsotiminices ilisisio boloollitsfi or it oar hrist appoiaisine. To lime aid to Heide the Ilarna IR jar simple lemtver. anli the preetas&Iraq comma*led eat ironies dud tt b insaittlip viral 4 Ma lipsd in fa gm*that ti Lee growl right and Loki autimeity to MU and seam,said Zak that vi Iamb,fully WM- r lie ifile to said tail and WI Mend ths was against the taagal claims 4 apogees solleauestem aad that saki Isla I s fa*of eil ancerribrxrcrs 4 ,. Received 45%0 aremseetary keep?ea • Received j Class`C' Istiegible -s•• ail i:vo;. rill Pre...arty Tax ..• ....' .- ,-. ..- e e....4 1511115 E r" , L W11 coon ' /4•!,'.'"i'...::,.\,-:. 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PEREZ and MERCEDES ASTENGO PEREZ, personally known to me and wig loom o wf I. it No holdied..4 Secretary moot.*.l is no......*ouoll at poor It 11.4114 Woke Clod.NM dm Arr Nook miowlahni•om*tte or al Or room or war rabrifieg Osamu ..4 Mmotilt .• .. moir eartarrirr Oat mei Is stor la rill mowneir.sal that Islo Old Amid boos 4 dr..1, . od 4 - WWII 11Pf ht01 Yid WOW awl at Or Coen ad Soar kW thook.Itit 3o Jr'.14 Angus • s it 93 .... . scrim ssai. IlilYARDID MUSS • NOTARY litillUCSTATIOF KOWA! - tX1M$11451011 KM CCM951 iffi / /Ft "VitiC) ,,, MYrOtainsioOlklULYZ Or --izi. Thie Intirommt papal by: Bayard° I. Torres, Esq• 1. r Rom Adders 9520 S.W. 40th St.,Suite 4206, -TE OP FLORIDA AT LARGE Miami, Florida 33165 ?----■ -- -. - . . , i .. 1 1 ' 2 i 0. pr 7. ..:.,„:„:, coa NT/ 4-X /V /& /r e _ _ .,,,,...:,,, cfg 2 oo 7- /o r CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006100482 N/S OF UNIT 15 IMAGE DATE 1/30/2007 2' 1,-,,", ' t'-♦ � ! t��y its � I, 4 `- 1 ., ! il ' tits' `}r. ' '.4.‘i.4*4 ‘. 'v.iki p....-. :.:,..; ' 11.0710-'4.. ..,,,luti, ,,,,,,,,t,,-_-..,,,,,,,i...... 1 . ,- ,=, .,.,.. ,„ , ., , . , ... .....„,, -,....,_.,.tot,„:„... ,,„.., .. - I ').,k1' '- ' j,.:.•'; t 4 1 .''.::1 t'..;"., ". '' 4 r-e ,� Apr A 7. „ i s 7r7 . *1/3012007 1'.30 am d gi-6.4:t. 6 Collier County Printed on 10/24/2007 1:57:30 PM CD-Plus for Windows 95/98/NT Page 1 7267to 2. 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Ie i,'-'1* 07 6/--(C) #s q UNi" Collier County Printed on 10/24/2007 7:45:19 AM CD-Plus for Windows 95/98/NT Page 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-109 vs. ALFREDO AND MIRADIS MIRALLES, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,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 Alfredo and Miradis Miralles are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by regular mail and by posting. 4. That the real property located at 108 So.6th Street, Immokalee,Florida 34142,Folio 25581480001 more particularly described as Lots 7, 8,9,and 10,Block 4,Carson's Subdivision,according to the map or plat thereof recorded in Plat Book 2,at Page 40,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Sections 1.04.01 (A,B. C), 1.05.01(F), 2.03.01 (H),4.02.01 (A),9.03.01 (A,D)and 10.02.06.B.1 (a-f)in the following particulars: Unlawful increased development and use of"Village Residential"(VR)zoned property in Collier County without prior Collier County Zoning and Land Development review and approval and without a Collier County Building Permit. Structures not build and/or altered to Collier County Building Code which poses health and safety concerns. 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 1.04.01 (A, B.C), 1.05.01(F),2.03.01 (H),4.02.01 (A),9.03.01 (A,D)and 10.02.06.B.1 (a-f)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 units on the property within 120 days(February 22,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 22, 208,then there will be a fine of$200 per day for each day for each day the violation remains. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$587.55 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this,� �� day of D(_.,1-- ,•2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTORIDA BY: Kenneth Kelly,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 i day of C;Z�'f:W— , 2007,by Kenneth Kelly,Vice Chair of t13e Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. r r",, KRISIINE HOLTON t,�y-�; f t Q y� ,+ MY COMMISSION#DD 686595 NOTARY PUBLIC 7�-?r EXPIRES:June 18,2011 Rll' ' ' ea,dedn,mNo My commission expires: .: • �Y Punt underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Alfredo and Miradis Miralles, 1703 Immokalee Drive, Immokalee, FL 34112 this3 l Srday of ia e y,2007. State rn n FLORIDA '.�.a:r� � ��:�� .Jean son, Esq. .�OUfl1 of COLLIER Florida Bar No. 750311 - Attorney for the Code Enforcement Board I HEREDY CE'RTIF'Y T•}A T tai%Is a true+Ili 400 Fifth Avenue S., Ste.300 correct COPY c.d. 1 r , .,. 1 - '-' in Naples,Florida 34102 :4oard Mine ' . ! ::..,r County (239)263-8206 iSAN O J: , � DWIGHT E. BROCK, CL;. 3 OF COURTS v. . D.C. _ , _4 w TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-16 DEPT No. 2001100933 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-16 Dept. Case No. 2001100933 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1101-23 Alachua St. Lot 8, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 9/13/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-16 DEPT CASE NO. 2001100933 Board of County Commissioners vs. Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01,par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03,pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01,par. A, SEC. 8.08.00,par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01,par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2,4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3",par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2458, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$ 21,354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—July 15, 2007, (75 days)for the total of$ 11,250.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007-July 15, 2007 (65 days) for the total of$ 9,750.00. Fines are still accruing. Order Item#16 Operational Costs of $354.16 have not been paid. Retn: INTEROFFICE 3835446 OR: 4033 PG: 2458 COLLIER COUNTY CODE ENFORCER RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RIC FEE 21.00 SHIRLEY M GARCIA 05/09/2006 at 11:02AM DWIGHT E. BROCK, CLERK 2800 N HORSESHOE DR CDES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-16 vs. JERRY&KIMBERLEA BLOCKER, Respondents FINDING; _`ILE N IONS OF L E ►s. f.. : if r�T ti RD THIS CAUSE came on for public hear' g • re the Board on April 27, 406, d the Board,having heard testimony under oath,received evide e,a,d 'ear' res. ' + • •pprop to atters,thereupon issues its Findings of Fact,Conclusions of La ,an Or• d,as fo ows: 1. That Jerry and Kimberley Ca e + o' -ubje--.- 2. That the Code Enforcement %11.,..,. has jurisdiction of th- �- o . o't 'espondents and that the Respondents,having been duly notifie+ -• ed at the public hear n: 3. That the Respondents were notifie,! ?': i + •-• ' + c. ed mail and by posting. Cat 4. That the real property located at 1101 Alac . ~• , mokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864720000,more particularly described as Lot 8,Block 48,Newmarket Subdivision,as recorded in Plat Book I,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par. A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C- 3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: OR: 4033 PG: 2459 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner: I. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all requ• . pRic(n es ificates of Completion within 120 days of issuance of the aforementioned Building Pe 6. In the alternative,by obta' •¶ -•mplete and sufficieoo1,= County Demolition Permit within 90 days(July 28,2006)or within 10 d s abandoned pursuit of rezo an••or SDP/SIP,whichever is applicable; 7. If obtaining a demoli on • rmi `•y -c ••: same • d by re ovi : all non-approved,non- permitted,additions,improvements use . : s-. t'• •, t'�' •� I cto•er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; 8. That if rezoning,the lies••j , is • •e 1 �, pare_ •{,h f e Order of the Board within 14 days(May 12,2006),then there II �•' o ntil:r e-:' ' ation meeting is scheduled. 9. That if rezoning,the R. •• •ents do not comply '' •ara p e Order of the Board within 365 days of the date of the pre-appli P+ • quiry/review,then it b T . of$150 per day for each day that the violation continues past that d 10. That if rezoning,the Resp, d s. •o not comply with • 3 of the Order of the Board within 60 days of the rezone approval,then there - • $1 • • • h day that the violation continues past that date. 11. That if rezoning,the Respondents do no • . •• paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if,in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if,in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. // *** OR: 4033 PG: 2460 *** Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 5-66 day of ��2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: & i/- gr:y-----' Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) R CO . li �^ T foregoing instrument was ac:0eo:.:i.o•' : • • �► •ay of I T I , 2006, Sheri Barnett,Chair of the Cod- ment Board of Co , <<" k,Florida,wh is personally known to me or : • ••uced a Florida D - icense as identification. � al49 L 1. �t'a d0o41 �• S DO S\O ∎$ - , ,o� _ Z - a / �V�� A A . lb, luvAg = 0 ERTIFICATE OF S ' �� o I HEREBY CERTIFY that a • «: ect copy of this 0• I! • • h been sent Jay U.S.Mail to U.S. Mail to Jerry and Kimberlea Blocker, 1830 ., .:. • 0 this .1-3 day of . 2006. -1-E C1 M.Jean •.! son,Esq. Florida •ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 State of F LORIUA :ounty of COWER I HEREBY CERTIFY THAT this isi a true and correct copy arai s of Collier County Board Mi ates. . 11-Retdg W�rN air). f,. oiticiai seal this �;t_,. day of W., Zr. DWI '_A. ' ,'CKr CLERK OF CO RTS / m Ja.. '1.._ Q.C. - w ' . 4. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27, 2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG(S)2458, 2459 and 2460,et. seq. 2. That a re-inspection was performed on JUNE 29, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question,by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONTAri - Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and s cribed before me this June 29,2007,by Dennis Mazzone. L■11611 / _ . // i- ature of Notary 'UT ic) vuttst(r t'UhLlt;•S APFOFFLux.wt K.A. Van Sickle (Print/Type/Stamp Commissioned ° "' yP P v,��4 :Commission#DD6180 Name of Notary Public) BoHDSD'il Expires (N�OV7 9 X201( Personally known ' REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4033, PG 2458,2459 and 2460, et. seq. 2. That a re-inspection was performed on JULY 11,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no.9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007,as ordered,resulting in a fine of$150.00 per day. Also, respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co. Demolition Permit,within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Nyvt DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)a • ubscribed before me this July 11 2007, by Dennis Mazzone. Si:•.ture of Notary Public) . .�.�. •�1sLU,•�19TBOFFLURIDA '" •"''' R.A. ^(Print/Type/Stamp Commissioned x poi •Comtmssioi�#DD61848E lame of Notary Public) ''�••.••••� NOV 29 201 . BONDEDTSUATLANT[C BONDAIGCO..INC Personally known REV 3-14-05 7 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-17 DEPT No. 2001100934 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-17 Dept. Case No. 2001100934 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1101-23 Alachua St. Lots 6 and 7, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 9/13/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112(239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-17 DEPT CASE NO. 2001100934 Board of County Commissioners vs. Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S 1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01, par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.03.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03,pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01,par. A, SEC. 8.08.00,par's B and D, SUB SEC. 9.03.00, SUB SEC. 9.03.01, par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3",par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee,FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2461, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 21,354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—September 13, 2007, (75 days)for the total of$ 11,250.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10,2007- September 13, 2007 (65 days) for the total of$9,750.00. Fines are still accruing. Order Item#16 Opera onarCosts of $(354.16 have not been paid. 9 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-17 vs. 3835447 OR: 4033 PG: 2461 RECORDED in OFFICIAL RECORDS Of COLLIER COB1mm, IL JERRY&KIMBERLEA BLOCKER, 05/09/2006 at 11:02A1 DWIGHT E. BROCK, CLERK Respondents REC FEE 27.00 Retn:IETEROFFICI COLLIER CODET! CODE ERFORCEIIEE SHIRLEY 11 GARCIA 2800 8 HORSESHOE DR CDBS BLDG FINDIN ,r?_►_ (,1 V.1_ IONS OF OF L ., � ►�_+:.s,�` =:�. :;_ 6RD THIS CAUSE came on for public hear' g . '•re the Board on April 27, 106, ..d the Board,having heard testimony under oath,received evide e, .•d 'ear. res.- - o . approp 'ate afters,thereupon issues its Findings of Fact,Conclusions of La ,an Or.=r o :,e B=< d,as fo ows: 1. That Jerry and K imberlea o e -'+a"�+• . ubje r-,: 2. That the Code Enforcement:11 • has jurisdiction of th= . , o' 'espondents and that the Respondents,having been duly notifies ed at the public he. n 3. That the Respondents were notifie.th •• ed mail and by posting. E CI?" 4. That the real property located at 1101 Alac • mokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864680001,more particularly described as Lots 6 and 7,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01, par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec. 2.05.01,par.A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: ,3. OR: 4033 PG: 2462 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1.4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner. 1. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all requ• # Rtic�ii ' ificates of Completion within 120 days of issuance of the aforementioned Building Pe, i si)ik'' .( 6. In the alternative,by obta` •IF ••mplete and sufficieij,= County Demolition Permit within 90 days(July 28,2006)or within 10 d. ,s ' abandoned pursuit of rezo an.,sr SDP/SIP,whichever is applicable; 7. If obtaining a demoli on •-rmi'; y cu `-: same d by re ovi : all non-approved,non- permitted,additions, improvements use .•: •_• f• .■ yl•• :s , •cto•er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; ,� 8. That if rezoning,the es•• • is +i g, � ,t par.;: .i.h f e Order of the Board within 14 days(May 12,2006),then there it ,e , s.''o -! •- �- ntil :e • ation meeting is scheduled. 9. That if rezoning,the R. • •ents do not comply wt r• •ara- •• s e Order of the Board within 365 days of the date of the pre-appli 11:4,' quiry/review,then it b • of$150 per day for each day that the violation continues past that d. • 10. That if rezoning,the Resp• d*.. •o not comply with • .a a! 3 of the Order of the Board within 60 days of the rezone approval,then there .'' • s I s • - ach day that the violation continues past that date. 11. That if rezoning,the Respondents do no • • paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if, in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. n ii_ *** OR; 4033 PG: 2463 *** Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,�-� day of • ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) R CO foregoing instrument was ac e': : 1;4`_ •ay of mai 2006,b heri Barnett,Chair of the Cod: • ment Board of Col''Y' •i ,Florida,who is personally known to me or • has prgii,ced a Florida D icense as identification. Dp1naO 9e tort poi 1 1 ;7 a G c k U gels; f E B AdaT le f fw C4t, ERTIF1CATE OF S ;v' : O I HEREBY CERTIFY that a Pia • ect copy of this O' ' •r c been set by U.S.Mail to U.S. Mail to Jerry and Kimberlea Blocker, 1831 t:I s .•• •j 0 this 5 day of 2006. 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 state of F LORtUA :Dusty of COLLIER I HEREBY CERTIFY-THAT this is a true and correct copy q .bOcwnent on file In Board Minlltee•atd.Rdoorns of Collier County WJ' rriy.h_nd cl :cla seat this -- Y of ":-r-� s DWI E:13: •LKt C ?. OF CO OS _ ..w , D.C. 7. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on APRIL 27, 2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG(S)2461, 2462 and 2463,et. seq. 2. That a re-inspection was performed on JUNE 29,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD U " DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and sub ribed before me this June 29, 2007,by Dennis Mazzone. (Signa re • Notary Public) vuieucl 6131L11,-s l'EOF'FLUltlllt "' % K.A. Van Sickle (Print/Type/Stamp Commissioned Coonhission#DD61848f Name of Notary Public) y, ' o'Expires NOV )9 201( lfl•�� BONDBDtl31tU A`iISil°tC 90NUING COH tic Personally known I REV 3-14-05 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4033, PG(S)2461, 2462 and 2463 , et. seq. 2. That a re-inspection was performed on JULY 11,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007,as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co.Demolition Permit,within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day,for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this July 11 2007, by Dennis Maz7one. Ae (Si a ature of Notary Pu.lic) ,u!./41 't1BLiC-STATE OF FLORIDA (Print/Type/Stamp Commissioned ''' K.A. Van Sickle I Commission#NOV°" 201(DD9148f Name of Notary Public) 8 iONfRT1' it aTT a�"r, znNrnvr.r� �r Personally known I REV 3-14-05 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-18 DEPT No. 2001100976 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-18 Dept. Case No. 2001100976 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: October 25, 2007 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1101-23 Alachua St. Lots 9 and 10, Immokalee FL 34142 SERVED: Jerry and Kimberlea Blocker, Respondent Inv. Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 9/13/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 Board of County Commissioners vs.Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01, par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03, pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01,par. A, SEC. 8.08.00,par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01,par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA,Article IV, SEC's. 4.1,4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3",par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID# 63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2464, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 21.354.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30,2007—September 13, 2007, (75 days)for the total of$ 11,250.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007- September 13,2007 (65 days) for the total of$ 9,750.00. Fines are still accruing. Order Item#16 Operational Costs of $354.16 have not been paid. 9 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-18 vs. 3835448 OR: 4033 PG: 2464 JERRY &KIMBERLEA BLOCKER, RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/09/2006 at 11:02AH DWIGHT E. BROCK, CLERK Respondents REC FEE 27.00 Retn:INTEROFFICE I COLLIER COUNTY CODE ENFORCENEN SHIRLEY N GARCIA 2800 N HORSESHOE DR CDES BLDG FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 27,2006,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jerry and Kimberlea Blocker are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1101 Alachua Street,Immokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864760002,more particularly described as Lots 9 and 10,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00, Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D, and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113, sec.2.05.00,sub. sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: .3; OR: 4033 PG: 2465 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code, as amended,sections 1.04.00, Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub. sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00, sub, sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A, sec. 8.08.00,par's B and D, sec.9.03.00,sub. sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1.4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X, sec. 10,11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all required inspections and Certificates of Completion within 120 days of issuance of the aforementioned Building Permits; 6. In the alternative, by obtaining a complete and sufficient Collier County Demolition Permit within 90 days (July 28,2006)or within 10 days after abandoned pursuit of rezone and/or SDP/SIP,whichever is applicable; 7. If obtaining a demolition permit,by executing same and by removing all non-approved, non- permitted,additions, improvements,use and resulting debris within 180 days(October 28,2006)or 90 days after rezone and/or SDP/SIP abandonment; 8. That if rezoning,the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days (May 12,2006),then there will be a fine of$150 per day until the pre-application meeting is scheduled. 9. That if rezoning,the Respondents do not comply with paragraph 2 of the Order of the Board within 365 days of the date of the pre-application inquiry/review,then there will be a fine of$150 per day for each day that the violation continues past that date. 10. That if rezoning,the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days of the rezone approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 11. That if rezoning,the Respondents do not comply with paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if, in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. 42- *** OR: 4033 PG: 2466 *** Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 0 day of WV ,2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER OUNTY,FLORIDA �� BY: 'c...._, 0 / Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Th foregoing instrument was acknowledged before me this3 d y of f�C�e _ , 2006, b eri Barnett Chair of the Code Enforcement,:oard of Collier County,Florida,wlis c personally known to me or who has t od ced a Florida Driver's Li nse as identification. o a 1, Donna L.�+Iodur NOT !PUBLIC ` �p,PRY'P�B 2�� . : Commission#DD23449 M commission expires: = Th\:• Expires:Aug 18,2007 y :."a. a`• Bonded Thru '''rF of Pv°�` Atlantic Bonding Co.,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen t, y U. S.Mail to U. S. Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 this gj 'day of , 2006. �� M.Jea,,rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 state 01 F LORI OA '.Quay of COUJER I HEREBY CERTIFY 'i AT this is a true and correct copy 0 cc.r ei Board Mi get"Y', <a Re;.or of toti er Count) t--\ wiT w Pr1i li; i ,41...sc4 '-;=1 deal this Utt 44(- da y of :::.,&4"... 6' ..._ DWIr E S'4 .0 K CLE1(CF CO'tR ,I iii; ✓ h COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: I. That on APRIL 27, 2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG(S)2464,2465 and 2466, et. seq. 2. That a re-inspection was performed on JUNE 29,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD I LI L._i1 �� t1 DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and su.,cribed before me this June 29, 2007, by Dennis Mazzone. (Si:.ature of Notary Pub ic) vU'IAttY PUBLIC-STATBOFFLORIDA (Print/Type/Stamp Commissioned ` '' K.A. Van Sickle Name of Notary Public) i :Commission DD61848i rUltittic PU8IAC-STATEOFFLORIDA .... tixpirw vnr ,Oj Personally known K.A. an Sickle , =Co mmission#DD61848& REV 3-14-05 ,'fii,, "Expires NOV 19 201( 30NDEDTHRPATLANTIt BONDING CO..IN( COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STA 1'E OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033, PG 2464,2465, and 2466,et. seq. 2. That a re-inspection was performed on JULY 11, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007,as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6,of the order of the board, by not having obtained a Collier Co. Demolition Permit,within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZO Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this July 11 2007, by Dennis Mazzone. SOF igna re of Notary Public) u „ but.-slATEOFFLORIM K.A. Van Sickle sion#DD61848f (Print/Type/Stamp Commissioned % —114 NOV 29 201(• Name of Notary Public) , j' j• n AllANTIf RONDTNGC0..hNt Personally known . REV 3-14-05 7. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA JERRY&KIMBERLEA BLOCKER, Respondents, CEB#: 2006-16 v. CEB#: 2006-17 CEB#: 2006-18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff. MOTION FOR CONTINUANCE OF HEARING AND/OR MODIFICATION OF ORDER Comes now the Respondents, JERRY & KIMBERLEA BLOCKER, (hereinafter, "Respondents"), by and through their undersigned counsel, and on behalf of their Motion for Continuance of Hearing And/Or Modification Of Order, and for such cause states the following: 1. A hearing is set for this matter on October 25, 2007, (hereinafter, "Hearing") before the Collier County Code Enforcement Board, (hereinafter, "Board"), at which time the Board is to hear certain evidence presented by Collier County Code Enforcement upon which the Board will then be requested to impose fines pursuant to its Findings of Fact, Conclusions of Law and Order of the Board rendered on May 5, 2006; 2. Respondents are hereby requesting a continuance of the hearing based upon the following facts: a. The attorney for Respondents has presently pending requests for the County's records pertaining to the zoning regulations and zoning map in effect from 1950 to 1970 for the Blocker's lots that were submitted as per the attached letter dated September 19, 2007, Exhibit A, and that request has yet to complied with as of this date. A review of those regulations are key to the Respondents being able to establish to this Board that either: (i) the Respondents' lots are a pre-existing, lawful non- conforming use that pre-dated all adopted County zoning regulations; or Page 1 of 3 (ii) the Respondents' lots are a previously lawful, now non- conforming use; and in either event,would now be lawfully entitled to be considered by this Board for abatement of the cited violations by application of the County's regulations for the Site Improvement Plan (SIP), see Land Development Code provisions Section 2.03.07 G. 6., Non-conforming Mobile Home Park Overlay Subdistrict, copy of section and pertinent text attached as Exhibit B, which clearly affords the CEB the opportunity to order the SIP process as a means to abate the violations now found to exist. b. The attorney for Respondents, once the requested materials sought as stated immediately above have been provided by the County, has previously advised the County, and still intends to advise, of the Respondents' plans to use those materials, in substantial part, to file a Request for an Official Interpretation with the County intending to establish that Respondent has the right to continue their non-conforming use, and as noted above, would be able to abate the cited violations through the SIP process. c. The attorney for Respondents and the attorney for the property immediately to their west, presently being operated as a junkyard, have been working with the Florida Department of Environmental Protection for many months to reach terms under a Consent Order that would insure the timely clean-up of the adjacent waste tires and other solid waste materials. Those discussions have lead to a draft Consent Order which is anticipated to be entered into by the Respondents and neighboring property owner within the next two weeks. Thus, again allowing Respondents to be best prepared to present such facts to the Board in the interest of demonstrating how the Respondents' could abate the cited violation under the SIP process at the November CEB meeting. d. Consistent with the immediately foregoing efforts, the attorney for Respondents and the attorney for the property immediately to their west have pending with both the County and with the dedicator of the Newmarket Subdivision plat, written requests to have portions of the road Right-of-Way(ROW) (platted as Broward Street but never constructed and used as a public street), immediately to the west of the Respondents' lots re-conveyed to them by quit claim deeds, and thus, as to the Respondents, allowing Respondents to be best prepared to present such facts to the Board at the November CEB meeting in the interest of demonstrating how the Respondents' could abate the cited violation under the SIP process by using the re- conveyed ROW lands to provide appropriate buffers and setbacks, etc. for the mobile home park use. 3. The additional/alternative Motion to amend the CEB's Order entered on May 5, 2006, is based upon: Page 2 of 3 a. the omission from that Order time sufficient to allow Respondents to seek approval of an amendment to the Immokalee Master Plan, either as part of the on-going Master Plan Re-study, or as a small scale amendment thereto should efforts to work under the current Master Plan Re-study process not prove fruitful; and b. in order to abate the cited violations, the Order unnecessarily required the Respondents to demolish the structures on-site, rather than just cease their use for"residential"purposes. 4. The County will not be prejudiced by granting this request to continue, and in fact, the grant of such a continuance will afford the Respondents needed time to: 1) enter into a final DEP Consent Order to clean-up the adjacent lands in a timely manner; 2) obtain deeds from the County and others to gain clear title to the immediately adjacent ROW so as to further efforts to more meaningfully submit to the SIP process; and 3) work with the County to obtain requested records, review same, and submit a request to the County intended to demonstrate that the claimed illegal use is either lawful, or would be made lawful under the SIP process that this Board is entitled to consider as proper relief under the County's own regulations, all as noted above. WHEREFORE, based on the foregoing facts and circumstances, and points raised therein, the Board is respectfully requested to Continue the October 25th hearing to the Board's November meeting, tentatively set for November 29, 2007. Dated this 18th day of October,2007. Respectfully submitted, PORTER WRIGHT MORRIS &ARTHUR LLP 5801 Pelican Bay Boulevard, Suite 300 Naples,Florida 34108 (239) 593-2900 Telephone (239) 593-2990 Facsimile By: 11, IN 4,4 ilP PATRICK G. WHITE Florida Bar# 887651 For the Firm Page 3 of 3 • PORTER WRIGHT MORRIS&ARTHUR LIP Attorneys & Counselors at Law Patrick G.White 5801 Pelican Bay Boulevard Of Counsel Suite 300 (239)593-2963 Naples,Florida 34108-2709 pwhite®porterwright.com Facsimile: 239-593-2990 Toll Free: 800-876-7962 September 19,2007 Susan Istenes,AICP Director of Zoning and Land Development Review Community Development&Environmental Services 2800 N.Horseshoe Naples,FL 34104 Re: Applicable Law for Blocker Property,Immokalee,Florida Dear Susan: In anticipation of submitting an Official Interpretation request to the County regarding uses on the Blocker property located at 111 Alachua Street,comprising Lots 6 through 10 of Block 49 of the Newmarket Subdivision,Plat Book 1,Page 105,please consider this as a request to advise this office of the then applicable zoning regulations to the referenced property for the time period 1950 through 1970,as well as the applicable zoning district,or if there were no then adopted regulations. As discussed,based on the information provided we will then make a corresponding inquiry of the then permissible use of the referenced lands as part of an Official Interpretation. Please let me know if you require any further information to complete the above request,. and if there are any costs associated with completing this request. Thank you. espectfully, • ,�1. .. %11 11,x'► Patrick G.White • PGW:bn cc: Jerry Blocker Jeffrey A.Klatzkow,Managing Assistant County Attorney NAPLES/329461 v.01 Cincinnati•Cleveland•Columbus•Dayton•Naples,FL•Washington DC ti Exhibit B 2.03.07 Overlay Zoning Districts G. Immokalee Overlay. To create the Immokalee Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Overlay District are delineated on Map 1 below 6. Nonconforming Mobile Home ParkOverlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991,were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. [N.B., THE RESPONDENTS' LOTS ARE PART OF THE 1MMOKALEE URBAN AREA] a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Required site improvement plan application. The property owners of all nonconforming mobile home developments/parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91-102, the land development code, shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 ° K,i'a - ;" .q M :I w v ��g as°a h= .; 4 ! . or jby the date set forth in a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage,landscaping , parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above,will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d. For the specific requirements concerning the SIP submission referenced in band c. above, see Section 10.02.05 F. of this Code. NAPLES/330797 v.01 COMMUNICATIONS WITH COLLIER COUNTY STAFF AND ATTORNEY FOR THE ADJACENT PROPERTY OWNER RELATING TO THE CONVEYANCE OF THE RIGHT-OF-WAY ADJACENT TO THE BLOCKER PROPERTY Page 1 of 1 White, Patrick G. From: White, Patrick G. Sent: Monday, October 08, 2007 9:33 PM To: KlatzkowJeff Subject: Blocker request for reconveyance of ROW Importance: High Attachments: NAPLES-#330258-v1 A-BLK-_Reconveyance_Exec_Summ_.DOC; NAPLES-#330311-v1- Blocker QCD from Colliers.DOC Jeff, The subject Executive Summary and QCD in draft form as we had discussed are attached for your initial review to assure I am on the mark. I'm not sure of what more/less you may want in the Exec Summ, as well as to see if the environmental liability concern is adequately addressed. Let me know of any changes desired in either document, fees required, etc.. Best- Patrick Patrick G. White, Esq. Of Counsel Porter Wright Morris & Arthur LLP 239 593-2963 direct 239 593-2990 facsimile pwhite@porterwright.com ++*****s****++ss*r****ss+*+srs*****++*s**+*****++**+** THIS MESSAGE IS INTENDED ONLY FOR USE BY THE INDIVIDUAL TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL,AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,forwarding,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender immediately and delete the original message immediately. Thank you. ************************************************* 10/18/2007 Page 1 of 1 White, Patrick G. From: White, Patrick G. Sent: Monday, October 08, 2007 9:29 PM To: ryovanovich @gcjlaw.com Subject: Request for QCD-Blocker Attachments: NAPLES-#330313-v1-Blocker-letter_to_Colliers.DOC; NAPLES-#330312-v1-Blocker- QCDfrom Colliers.DOC Rich, The subject letter and QCD in draft form are attached for your initial review to assure I am on the mark. I'm not sure of the correct Collier entity that is the successor to Collier Corporation so wanted to point that out, as well as to see if the environmental liability concern is adequately addressed. Let me know of any changes desired in either document. Hope you played well- Patrick Patrick G. White, Esq. Of Counsel Porter Wright Morris & Arthur LLP 239 593-2963 direct 239 593-2990 facsimile pwh ite @porterwrig ht.co m ######******################ THIS MESSAGE IS INTENDED ONLY FOR USE BY THE INDIVIDUAL TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL,AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution,forwarding,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender immediately and delete the original message immediately. Thank you. ************************************************* 10/18/2007 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-16 vs. JERRY AND KIMBERLEA BLOCKER, Respondents, ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on October 25,2007,on the Respondents'Motion to Continue,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 Respondents' Motion for Continuance is GRANTED and this constitutes a final continuance. This matter will be heard on November 29,2007 at 2800 North Horseshoe Drive,Conference Room 609/610 at 9:00 a.m. The Respondents waive 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 3\ day of(..Ck • ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA• csy=� 0, BY: .:ounry Of COLLIER Kenneth Kelly,Vice Chair 1 HEREBY CERTIFY THAT this is a true Ma 2800 North Horseshoe Drive correct copy of a r on file in Naples,Florida 34104 3oard Minutes .f Collier County r ESS my n-;i. e :e sue! t�ii. day of woven,, r. DWIGHT E. BROCK, CLERK OF COURTS .0111.4411/241-- O.C. . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this of ()Or,her,2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or 6/who has produced a Florida Driver's License as identification. IcLJIRISIINE HOLTON NOTARY PUBLIC OMMISSION Ir DD 6My commission expires: d ThruENO ry Pu*o und CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 and to Patrick White,Esq.,Porter t Morris&Arthur,5801 Pelican Bay Blvd., Ste. 300,Naples,FL 34108 this3( day of /1-7 624'w VC ,2007. M.Jean Ra on,Esq. Florida B o.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-17 vs. JERRY AND KIMBERLEA BLOCKER, Respondents, ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on October 25,2007,on the Respondents' Motion to Continue,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 Respondents'Motion for Continuance is GRANTED and this constitutes a final continuance. This matter will be heard on November 29,2007 at 2800 North Horseshoe Drive,Conference Room 609/610 at 9:00 a.m. The Respondents waive 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 31 day of Ui ,2007 at Collier County,Florida. CODE ENFORCEMENT WARD COLLIER`CCO U LORIDA 'Aunty of COLLIER ' ''kenneth Kelly,Vice Chair 2800 North Horseshoe Drive I HEREBY CERTIFY THAT thiNs Is a true an Naples,Florida 34104 correct copy-Ct car=_ , _ ?, f)lv to Bard Minut:Z5 : '`esker County ASS-my this day of VIrYI�! °!'r_ � DWIGHT E: BROCA, CLERK OF COL4fS 3v• 1.0A,461.11.4,, Die. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 31 Sday of()C ,2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or „/ who has produced a Florida Driver's License as identification. KRISTINE HOLTON .r i' �'* NOTARY PUBLIC MY COMMISSION#DD 686595 .. EXPIRES:June 18,2011 My commission expires: BF Bonded Thru Notary Pubic Undervrrten CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jerry and Kimberlea Blocker, 1830 16`h Street N.E.,Naples,FL 34120 and to Patrick White,Esq.,Porter Wri ht Morris&Arthur,5801 Pelican Bay Blvd.,Ste. 300,Naples,FL 34108 this 3ls day of r 2007. 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 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-18 vs. JERRY AND KIMBERLEA BLOCKER, Respondents, ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on October 25,2007,on the Respondents' Motion to Continue,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 Respondents' Motion for Continuance is GRANTED and this constitutes a final continuance. This matter will be heard on November 29,2007 at 2800 North Horseshoe Drive,Conference Room 609/610 at 9:00 a.m. The Respondents waive 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 3151-day of Oct ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUN 11 LORIDA *ate o ROMA :»r ;J county of COWER Kenne = , air 2800 North Horseshoe Drive i HEREBY CERTIFY THAT this N$true anti Naples,Florida 34104 correct copy et a : ,‘, !fie In cac rd Minutes ar - Ili r County rystitss rn 1 day of- Vc"..1 t DWIGHT E. BROCA, CLERK OF COURTS By' STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 31 S day of CC' ,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. k SIC 401:2•• KRISTINE HOLTON N•TARY PUBLIC • .r MY COMMISSION#DD 680595 My commission expires:ires: • EXPIRES:June 18,2011 T,Rf � Bonded Thai 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 Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 and to Patrick White Esq.,Porter Wright Morris&Arthur,5801 Pelican Bay Blvd.,Ste. 300,Naples,FL 34108 this. ) 'day of 2007. /47 ()*(-'°C71 M.Jean Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Alfredo Miralles and Alfredo Miralles JR CEB No. 2007-66 DEPT No. 2006090335 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Stipulation(s) 6-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-66 Dept. Case No. 2006090335 Plaintiff, vs. ALFREDO MIRALLES AND ALFREDO MIRALLES JR., Respondent NOTICE OF IMPOSITION OF FINES/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: October 25, 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: 1715 Roberts Avenue, Immokalee Fl 34142 SERVED: Alfredo Miralles and Alfredo Miralles Jr., Respondent Inv. Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 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. 2007-66 DEPT CASE NO. 2006090335 Board of County Commissioners vs. Alfredo Miralles and Alfredo Miralles Jr., Respondent(s) Violation(s): Violation of Collier County Ordinance(s): 2004-41, The Collier County Land Development Code, as amended, Sec.l.04.00, Subsec. 1.04.01 Par's A, B, and C; Sec. 1.05.00, Subsec. 1.05.01 Par. F: Sec. 2.02.00, Subsec.2.02.03, Sec. 10.02.00, Subsec. 10.02.00, Subsec. 10.02.06 Par. B, lA through 1E. Location: 1715 Roberts Avenue, Immokalee, FL 34142. Folio#0013080004 Description: Recurring act of unlawful use of an RMF-6 zoned property. Construction and dwelling use of several non-approved, non-permitted structures on the property. Placement and dwelling use of two non-allowed, non permitted single wide mobile homes on the property. Unpermitted wood frame laundry shelter and tree wood frame storage sheds located on the property. Past Order(s): On July 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 4265 PG 1084, for more information. The Respondent has not complied with the CEB Orders as of July 26, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,872.03 See below. Order Item #3; Order Item#6 Fines at a rate of$250.00 per day for the period between September 25-October 1, 2007 (6 days)for the total of$ 1,500.00. Fines continue to accrue. Order Item#8 Operational Costs of $ 372.03,have not been paid. 2. Retn: 4054490 OR: 4265 PG: 1084 FEE 44.00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC 2800 N HORSESHOE DR 08/02/2007 at 09:34AM DWIGHT B. FROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CEB NO.2007-66 ALFREDO MIRALLES AND ALFREDO MIRALLES,JR. Respondents FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2007, and the Board,having heard testimony under oath,re.ceived evidence and heard respective to alI appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1• That Alfredo Miralles and Alfredo Miralles,Jr. are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 1715 Roberts Avenue,Immokalee,Florida 34142,Folio 0013080004 more particularly described as The West 1 12.5 feet of the West half of the Northwest Quarter of the Southeast Quarter of the Northeast Quarter of Section 5,Township 47 South,Range 29 East,Collier County,Florida, together with a 1967 Parkwood Mobile Home bearing serial number ID 6012M2295 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41,the Land Development Code,as amended,Section 1.04.00,sub sec. 1.04.01,par's A, B,and C;Section 1.05.00,sub sec. 1.05.01 Par. F;Section 2.02.00,sub sec. 2.02.03; and Section 10.02.00,sub sec. 10.02.06 Par.B, IA through lE in the following particulars: Recurring act of unlawful use of an RMF-6 zoned property. Construction and dwelling use of several non-approved,non-permitted structures on the property. Placement and dwelling use of two non-allowed,non- permitted single wide mobile homes on the property. Unpermitted wood frame laundry shelter and three wood frame storage sheds located o the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: 2 . OR: 4265 PG: 1085 That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended,Section 1.04.00,sub sec. 1.04.01,par's A,B,and C; Section 1.05.00,sub sec. 1.05.01 Par. F; Section 2.02.00,sub sec. 2.02.03;and Section 10.02.00, sub sec. 10.02.06 Par. B, IA through lE be corrected in the following manner: I. By serving a Notice to Vacate to all occupants/tenants currently residing at the property and by having all structures vacated by August 25,2007. 2. By engaging the services of a contractor licensed in Collier County and by obtaining all required Collier County Demolition Permits necessary for the removal of all non-allowed,non-permitted structures, improvements and prohibited use currently found at the property by August 25,2007. 3. By executing all same Demolition Permits by ensuring all required inspections through to issuance of a Certificate of Completion for the removal of all non-allowed,non-permitted structures, improvements,prohibited use and resulting debris to an approved site for final disposal and providing Code Enforcement with copies of receipts for all same disposal by September 24,2007. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2007, then there will be a fine of$50 per day for each day for each day the violation remains. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 25, 2007, then there will be a fine of$250 per day for each day the violation remains. 6. That if the Respondents do not comply with paragraph 3 of the Order of the Board by Setpember 24, 2007, then there will be a fine of$250 per day for each day the violation remains. 7.. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to conje out and perform the site inspection, 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$372.03 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty y g� p y y pp riy(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 thiOU day of , ) ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ;mot .. fi` r i ,r • Gerald Lefeb e,Vice Tyr 2800 North orseshoe Drive STATE OF FLORIDA Naples,Florida 34104 )SS: COUNTY OF COLLIER) -�_ 1 The foregoing instrument was acknowledged before me this ,�"r day of�(-f"7 2007,by Gerald Lefebvre, Vice Chair/of the Code Enforcement Board of Collier County, Florida,who is personally known to me 6 / who has produced a Florid, river's License as identification. . 'i I\ NOTAR, `UBLI - of f t,(3RlU ' � +ce►rt I Han My commission expires: zunty of COLLIER 'commission DD2gTB98 a ti �► HEREBY CERTIFY �e trid ..--.. s March 30 2008 • :: rrect copy of 4,.ttoW4crsnt OR' lr In :7;wt Cd fFiS'Sil C`'.`"i �.�Z r if1 t"rn'' 'ti v i /4ESS my 1-11-7':.1. .r.. $$,aI this )WI T E. BRCC,.�, x RK OF COURTS � Al III A.n, 'P 4't OR: 4265 PG: 1086 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been s by U.S. Mail toAlfredo M' alles and Alfredo Miralles,Jr., 1703 Immokalee Dr., Immokalee,FL 34142 this , 2007. day of V /fr • �,. M.Jean R on,Esq. Florida Br o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS OR: 2 PG: 1087 :oiler County, Florida Petitioner, Vs. CEB NO. 2007-66 Alfredo Miralles and Alfredo Miralles Jr. DEPT N0. 2006090335 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Alfredo Miralles, on behalf of himself and Alfredo Miralles Jr. enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case)number 2006090335 dated the 1 st day of February,2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 7-26-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) Sec. 1.04.00 Subsec. 1.04.01 Par's A, B, C; Sec. 1.05.00 Subsec. 1.05.01 Par. F; Sec. 2.02.00 Subsec. 2.02.03; Sec. 10.02.00 Subsec. 10.02.06 Par. B, lA through lE of Collier County Ordinance 2004-41, Land Development Code and are described as a recurring unlawful use of an RMF-6 zoned property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$372.03 incurred in the prosecution of this case. 2) Abate all violations by: (A) The respondent must serve notice to vacate to all occupants/tenants currently residing at the property and have all structures vacated by August 25th, 2007 or a fine of $50 per day will be imposed for each day the violation continue. (B) The respondent must engage the service of a contractor licensed in Collier County and obtain all required Collier County Demolition permits necessary for the removal of all non-allowed, non- permitted structures, improvements and prohibited use currently found at the property by August 25th, 2007 or a fine of$250 per day will be imposed for each day the violation continue. (C) The respondent must execute all same demolition permits by ensuring all required inspections through to issuance of a certificate of completion for the removal of all non-allowed, non-permitted structures, improvements, prohibited use and resulting debris to an approved site for final disposal and provide Code Enforcement with copies of receipts for all same disposal by September.24200 I or a fine of$250 per day will be imposed for each day the violation continues. REV 2/23/07 ** OR, 4265 PG, 1088 I; 3) Respondent must notify Code Enforcement within 24 hours of abatement and request the Investigator to perform a final site inspection to confirm abatement. esp indent Michelle Arnold, Director Code Enforcement Department 7 ! B - a7 7-19 Date Date 10111 I( ow .• • . • .. . REV 2/23/07 7 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-66 DEPT CASE NO. 2006090335 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Alfredo Miralles and Alfredo Miralles Jr.,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: I. That on July 26th, 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 4265 PG 1084, et. seq. 2. That a re-inspection was performed on September 25th, 2007. The respondents complied with paragraph s one and two of the Code Enforcement Board's order by having all the structures vacated and demolished by August 10th,2007,but have not complied with paragraph three of the order by not having all the debris removed from the property by September 24th,2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated this 250i day of September,2007. 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Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on July 26,2007,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on July 30,2007 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 4265,PG 1084, et. seq. on August 2,2007. The Respondents testified that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have now complied with the Order dated July 30,2007, it is hereby ORDERED,that the Respondents,Alfredo Miralles and Alfredo Miralles,Jr.,pay to Collier County no fines, but pay$372.03 for the operational costs incurred in the prosecution of this case within 30 days. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this day of cc - ,2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER CO , - _! c BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ST- The foregoing instrument was acknowledged before me thisc3) day of O?tr6€J-c 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or 17W-ho has produced a Florida Driver's Licens s identification. . - - NOTARY PUBLIC ..... te; KRISTINE HOLTON My commission expires: ;,; �• ;* MY COMMISSION#DO 686595 EXPIRES:June 18,2011 x14E40` Banded Thru Notary Public Undenvrkere ._ Cr TIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee sent by U. S. Mail to Alfredo and Alfredo Miralles,Jr. 1703 Immokalee Drive, Immokalee,FL 34112 this 31*- day of Oci-nber,2007. Jean on, Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 +J ate FLORIDA COLLIER aounry of _ . I HEREBY CERTIFY TH:\T thin Is a tnie sail correct cn f of ;1' ' r►l Board Min e, ii,er Count) tri' clay o t)UeM a l DWIGHT E. BRO{,K,CLEtiK OF COURTS ace . ._ - , TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Alfredo and Miradis Miralles CEB No. 2007-79 DEPT No. 2007040176 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 n Past Orders of the Board 3-4 Stipulation(s) 5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-79 Dept. Case No. 2007040176 Plaintiff, vs. ALFREDO AND MIRADIS MIRALLES, Respondent NOTICE OF IMPOSITION OF FINES/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: October 25, 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: 105 1st Street SERVED: Alfredo and Miradis Miralles, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile 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 r. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-79 DEPT CASE NO. 2007040176 Board of County Commissioners vs. Alfredo and Miradas Miralles Respondent(s) Violation(s): Violation of Ordinance(s): 04-41, The Land Development Code, sections, I0.02.06[B][2][a], 10.02.06[B][2][d][ix], 5.06.06[HH], 2004-58, The Property Maintenance Code, section, 16[1][n][3], Ordinance 81-42. The Occupational License, section, 1. Location: 105 1st Street, Immokalee, Fl 34142. Folio#25580400008 Description: Erection of signs without County permits, a sign structure in a poor state of repair and tenants conduction business without occupational licenses. Past Order(s): On August 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached •'•■ Order of the Board, OR 4276 PG 3201, for more information. The Respondent has not complied with the CEB Orders as of August 23, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,735.67 See below. Order Item #2; Order Item#5 Fines at a rate of$100.00 per day for the period between September 7-September 21, 2007 (14 days)for the total of$ 1,400.00. Fines continue to accrue. Order Item#7 Operational Costs of $335.67,have not been paid. /—"\ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-79 vs. fi ; ALFREDO AND MIRADIS MIRACLES, Respondents P. a P41 CI) FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD a.. THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its ° a Findings of Fact, Conclusions of Law,and Order of the Board,as follows: PP: PP cc o FINDINGS OF FACT v v b 1. That Alfredo and Miradis Miralles are the owners of the subject property. c a `r' 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the t• a Respondent,having been duly notified,did not appear at the public hearing. CYO P~4 a 3. That the Respondents were notified of the date of hearing by regular mail and by posting. a 4. That the real property located at 105 1st Street,Immokalee,Florida 34142,Folio 25580400008 more a particularly described as Lots 14 and 15,Block 1,Carson's Subdivision,according to the map or plat thereof CZ:r 0 recorded in Plat Book 2,at Page 40,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Sections 10.02.06(B)(2)(a)and o ` I0.02.06(B)(2)(d)(ix)in the following particulars: Erection of signs without Collier County Building Permits; a sign structure in a poor state of repair and " tenants conducting business without Collier County Occupational License. ORDER OF THE BOARD ra H o Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in PCS Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: E+ U 0 That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,, a Sections 10.02.06(B)(2)(a)and I0.02.06(B)(2)(d)(ix) be corrected in the following manner: +� nea H H LL I. By obtaining permits for the sign structure or by removing the sign within.14 days(September 6, 2007). 2. By painting the facade in a workman-like fashion as to remove any shadowing created by the removal of the sign within 14 days(September 6,2007). 3. By monitoring and ensuring that any future tenants have proper occupation licenses. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 6, 2007,then there will be a fine of$150 per day for each day for each day the violation remains. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 6, 2007,then there will be a fine of$100 per day for each day the violation remains. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. ,= 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$335.67within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of c-■s 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 a-) day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA (=4 BY: eza Shen Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi d y of ! 2007,by Sheri Barnett,Chair of the Cole Enforcement Board of Collier County,Florida,_ is personally known to me or V who has produced a Florida Driver's License as identi i :.•:on. • ,iPg CHRISTINA L URBANOWSKI 1, ,. viOts0j _ MY COMMISSION#DO 241717 NOTARY PUBLIC ;A.:" November 2P,2007 BondedThruNotaryPublicU rder. My commission expires: des',;;�,,• _ . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Alfredo and Miradis Miralles, 1703 Immokalee Drive,Immokalee,FL 34112 this 2Es'�` day of u5-{-- ,2007. Stare or FLORIDA ty o CODER /3 ' M.Jean awson,Esq. HEREBY CERTIFY THAT this Is a true arid Florida Bar No. 750311 correct copy of a gGgo113 t i,fi I9i Attorney for the Code Enforcement Board Board Minute Minutesai0t.Riecotatot is Eis i' 060 i 400 Fifth Avenue S.,Ste.300 W T ESS m .p tt�� :/0Ci L edi thiii Naples,Florida 34102 � day :.1 s. ,�. -� = (239)263-8206 =; - OptialiT E. IC tits CL ` Unit - . If BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, . ., Vs. CEB NO. 2007-86 DEPT NO. 2007070656 GE Management, Respondent(s), E STIP LATION/AGREEMENT COWS. NY Y the and rsigned, i'— 'i V,) '�,/-,„' / , on behalf of himself or -A,N tt C),ULr A repre entative'for 'Respondent and enters into this Stipulation and Agreement with Collier County a to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 23rd day of August, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23`d , 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.06.06[G], 5.06.06[L] and 5.06.06[N] and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, Snipe signs/ portable signs placed in the ROW in Unincorporated Collier County /1k THEREFORE, it is agreed between the parties that the Respondent shall; coat” f3 Ity- 1. Imposing a civil penalty of$25..009rfor a repeat violation is to apply. -.4. 4 tse. n 2. Cease placement and remove said signs within 7 days of the date of this hearing or a fine of $1000.00 per day will be imposed until said signs are removed. Any future placement of said signs shall result in a fine of$1000.00 per day until said signs are removed. 3. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Il estigator to come out and perform a site inspection. Cease displaying any sign `.t does 1•t have a proper permit. / • (',4 . A ''pondent / ■ Mice Arnold, Director i Code Enforcement Department ✓��.1 REV 2/23/06 5. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-79 DEPT CASE NO. 2007040176 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ALFREDO AND MIRADIS MIRALLES,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared August 23`1, 2007, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 23`d, 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 4276 PG 3201, et. seq. 2. That a re-inspection was performed on September 7th, 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 is complete. The respondent did remove the structure by September 6th,2007. B. Order#2 of the board is not complete. The respondent didn't paint the façade to cover shadowing by the removal of signs. FURTHER AFFIANT SAYETH NOT. Dated 14th of September,2007. COLT '..R COUNTY,FLORIDA COD ORCEMENT BOARD rtchell T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 14th of September,2007 by l ti-x, -Sitertk) (Si W ature of Notary Public) vOituti -3'ATE ut AMID K.A. Van Sickle (Print/Type/Stamp Commissioned . AU` e(',ommission#DD6"`148, `ame of Notary Public) Expires: NOV �a`.' 01C BONDED THE ATLANTIC BONDING CO.,INC Personally known 'J REV 3-14-05 . { 1. u- It , TM s z . 1. } 8'''-' '' -':-q M i kt‘',71-i,-- 7:1,_ P, F ... • • { 4 • ter. i! • i ar /III -- t, i Li s ':,;;. t''''''';',,11 if-fif::(ti r _I t j'a f 1 - • r g i ir.;: 1o .. v A °A Y h .tea 4Q ;tN= O 1 f`= R ictt :_ • ' 1 .4 fi j S. 1 • 4Y if - ..'f,,,e ar,44.1w)...., ":-. .. ---i-..-.7.---,,,;-_.., .,; lV ' .: ° t N rr nt r< 4 ^sue? Ts +' ` aasa +,g.�d� . JFw�° u: r i , 4, • 1 P sue" x. toy b i J .. , } 4. db r . `.Wr '' Memorandum To: Code Enforcement Board From: Michelle Arnold, Director Date: October 25, 2007 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. As a result, I am requesting authorization to forward these cases to the County Attorney for foreclosure or collection by a Collection Agency. HEARING COMPLY BY OPERATIONAL TOTAL$ STATUS RESPONDENT CEB# DATE DATE TOTAL FINE COST DUE N=Non1C=Comp LAST RECHECK Ronald and Patricia Freeman 2005-26 6/23/2005 12/20/2005 23,000.00 $396.26 $23,396.26 C 3/22/2006 Curtis D.and Brenda Blocker 2005-35 11/18/2005 4/5/2006 $139,314.36 $564.36 $138,750.00 N Curtis D.and Brenda Blocker 2005-39 11/18/2005 4/5/2006 $139,330.40 $580.40 $138,750.00 N Star Mobile Home Park, LLC; Ignacio Soto Registered Agent 2005-43 11/18/2005 2/17/2006 $150,500.00 $480.78 $150,980.78 N Star Mobile Home Park, LLC; Ignacio Soto Registered Agent 2004-44 11/18/2005 2/17/2006 $150,500.00 $480.78 $150,980.78 N Star Mobile Home Park, LLC; Ignacio Soto Registered Agent 2004-45 11/18/2005 2/17/2006 $150,500.00 $480.78 $150,980.78 N Robert and Cristina Ferris 2007-07 1/25/2007 3/22/2007 0.00 $627.90 $627.90 C 3/30/2007 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2005-43 vs. IGNACIO SOTO, FOR STAR MOBILE HOME PARK LLC, Respondents CORRECTED ORDER IMPOSING FINE/LIEN Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 18,2005,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 23, 2005 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 3941, PG 0975,et. seq.on December 5,2005. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on February 27,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated February 2,2007,it is hereby ORDERED,that the Respondent,Ignacio Soto,pay to Collier County fines in the amount of$93,500 for the period of February 17,2006 through February 26,2007 at a rate of$250 per day,plus$480.78 for the operational costs incurred in the prosecution of this case for a total of$93,980.78. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. 5-C DONE AND ORDERED this 27th day of March,2007 and re-signed this 3 ' day of dCA" , 2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUN 11 r _I •• BY: -......a Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,-)I day of Oc ,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. ►1.11_ ' fit., ' °t. OTARY PUBLIC KRIS11NEHOLTON My commission expires: +: •a■ "A MY COMMISSION#DD 686595 W4.......'-;I EXPIRES:June 18,2011 4.11,• Bonded Thai Notary Public Unden+dtore ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this CORRECTED ORDER has been sent by U. S. Mail to Ignacio Soto, Star Mobile Home Park,LLC, 1507 West Immokalee Driv,e,Immokalee Florida 34142 and to Richard Shaw,RA,813 Monroe Court,Immokalee,Florida 34142 this 1S day of( 'atte,r;2007. ;aunty of COLLIER 1 � a � i HEREBY CERTIFY THAT W s IS a true an M.Jean R son,Esq. correct copy ot a co-.. • �O file in Florida Bar No. 750311 Board Minutes 3c ;` ,oi;i;r County Attorney for the Code Enforcement Board ' Eat r,y,top_: .i ,teal this 400 Fifth Avenue S.,Ste. 300 I day (j,-NOVEn Cjr^ t '1 Naples,Florida 34102 (239)263-8206 WIGHT E. BR©V, CLERK OF COURT$ As+ckLI " Due. '- CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2005-44 vs. IGNACIO SOTO, FOR STAR MOBILE HOME PARK LLC, Respondents / CORRECTED ORDER IMPOSING FINE/LIEN Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 18,2005,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 23, 2005 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 3941, PG 0982,et. seq. on December 5,2005. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on February 27,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated February 2,2007,it is hereby ORDERED,that the Respondent,Ignacio Soto,pay to Collier County fines in the amount of$93,500 for the period of February 17,2006 through February 26,2007 at a rate of$250 per day,plus$480.78 for the operational costs incurred in the prosecution of this case for a total of$93,980.78. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 27th day of March,2007 and re-signed this ,j i�'d y of Oc f , 2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: falir Kenneth Kelly,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 I day of 0 CJUb>°1(,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 Lice se as identification. �..r,.�.... NOTARY PUBLIC •",jq; '�a,, KRISTINE HOLTON My commission expires: 7 a. ,s MY COMMISSION#DD 686595 .��•€ EXPIRES:June 18,2011 ti 4'¢ eooaearnn,rio�vw�cu •ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this CORRECTED ORDER has been sent by U. S. Mail to Ignacio Soto,Star Mobile Home Park,LLC, 1507 West Immokalee Drive Immokalee Florida 34142 and to Richard Shaw,RA,813 Monroe Court,Immokalee,Florida 34142 this ‘2.)1 51 day of 0 C.it be,2007. ��)�{f�y]I�� aa�yy ar� r',I�AY nyr .�. �� • „ouniy of COWER 9 al - ) M.Jean Rawl,Esq. I HEREBY CEIsTIF1 THAT t+a's is a true any . Florida Bar o.750311 correct co ./ v; a of' ; ;1. ;,, Attorney for the Code Enforcement Board Board MinuL,,'s ;-, , Lr Counts 400 Fifth Avenue S.,Ste. 300 1 clay of Naples,Florida 34102 (239)263-8206 rWIGIT E. BROCK, CLERK OF COURTS iiih 4--_ r �` -• D.I . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2005-45 vs. IGNACIO SOTO, FOR STAR MOBILE HOME PARK LLC, Respondents / CORRECTED ORDER IMPOSING FINE/LIEN Nunc pro tunc THIS CAUSE came on for public hearing before the Board on November 18,2005,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 23, 2005 and furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 3941, PG 0989,et. seq.on December 5,2005. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on February 27,2007,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated February 2,2007,it is hereby ORDERED,that the Respondent,Ignacio Soto,pay to Collier County fines in the amount of$93,500 for the period of February 17,2006 through February 26,2007 at a rate of$250 per day,plus$480.78 for the operational costs incurred in the prosecution of this case for a total of$93,980.78. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this 27th day of March,2007 and re-signed this ,5151—day of C)C1'" , , 2007 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:--- ------°------- Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) S� 2007,b The foregoing instrument was acknowledged before me this 3l day of(�c��i0�e►�', by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or Vwho has produced a Florida Driver's Lice e as identification. _ ■ • I. '• OTARY PUBLIC """ IOiI5T11�HOLTON My commission expires: • MY COMMISSION#DD 686595 ti'F EXPIRES:June 18,2011 flirt ' Bonded Thru Nobly Pubic Underwdten CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this CORRECTED ORDER has been sent by U.S. Mail to Ignacio Soto, Star Mobile Home Park,LLC, 1507 West Immokalee Drive,Immokalee Florida 34142 and to Richard Shaw,RA,813 Monroe Court,Immokalee,Florida 34142 this,3 S day of ,2007. ,*ounty of COWER ' , I HEREBY CERTIFY THAT this t3.a taus SW M.Jean 'On,.n,Esq. correct copy of a ecr`: ^-.t on,fife in Florida Bar No. 750311 Board Minutes a Collier Count, Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 rESS my no`' ,i sea this Naples,Florida 34102 day of ) rn= i (239)263-8206 r. DWIGHT E. BROC K, CLERK OF COURTS RV 1144401.+Atit241•••--1141°.r -- ,�-.'.