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CEB Backup 05/24/2012Code Enforcement Board BACKUP DOCUMENTS May 24, 2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: May 24,2012 Location: 3299 Tamiami Trail East,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED 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 ORDER 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 Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino Kenneth Kelly Ronald Doino,Alternate James Lavinski Chris Hudson,Alternate Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES— A. April 26,2012 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20110005108 OWNER: CARLOS RAMOS OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)ONE STORAGE STRUCTURE WITH NO COLLIER COUNTY PERMIT AND SINGLE FAMILY HOME WITHOUT ISSUANCE OF CERTFICATE OF OCCUPANCY/COMPLETION FOLIO NO: 00755320006 VIOLATION ADDRESS: 11141 LAASKO LANE NAPLES,FL 34114 2. CASE NO: CESD20100007042 OWNER: KIRK SANDERS OFFICER: INVESTIGATOR AZURE BOTTS VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1, SECTION 105.1,COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i)AND 2.02.03 APPROXIMATELY 12 MOBILE HOMES WERE INSTALLED WITH SEVERAL ADDITIONS ADDED TO THE MOBILE HOMES CONSISTING OF CARPORTS, SCREEN PORCHES,ROOF OVER'S,AND LIVING SPACE BELOW FLOOD LEVEL WITH ELECTRICAL AND PLUMBING WITHOUT FIRST OBTAINING ALL REQUIRED BUILDING PERMITS FOLIO NO: 5610200005 &56150520002 VIOLATION ADDRESS: 2280 PINELAND AVENUE NAPLES,FL 34112 • 3. CASE NO: CELU20110011262 OWNER: GRACELYN MOSTACCIO RUE OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 1.04.01 KOWIACHOBEE ANIMAL PRESERVE,ESTATES ZONED PROPERTY, ADVERTISING AND ALLOWING SCHEDULED TRIPS/TOURS FOR THE PUBLIC TO VIEW ANIMALS ON AN ESTATES ZONED PROPERTY FOLIO NO: 40926160000 VIOLATION ADDRESS: 2861 4TH AVENUE S.E.NAPLES, FL 34117 4. CASE NO: CEPM20120003266 OWNER: INTEGRITY FIRST CR SERVICES OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 SUBSECTIONS 9, 11, 12i, 12p AND 20 EXPOSED WIRES,NO SMOKE DETECTORS,HOLES IN CEILING AND WALLS AND BROKEN WINDOW FOLIO NO: 36912040009 VIOLATION ADDRESS: 2221 GOLDEN GATE BLVD.W.NAPLES,FL 34117 5. CASE NO: CESD20120003258 OWNER: INTEGRITY FIRST CR SERVICES OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a),2007 FLORIDA BUILDING CODE,CHAPTER 4, SECTION 424.2.17 EXPIRED POOL PERMIT AND NO PROTECTIVE BARRIER AROUND THE POOL FOLIO NO: 36912040009 VIOLATION ADDRESS: 2221 GOLDEN GATE BLVD.W.NAPLES,FL 34117 6. CASE NO: CEPM20120001592 OWNER: THU-NHUT NGUYEN OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTIONS 22-242 AND 22-231(12)(i)UNSECURED HOME ON ESTATES ZONED PROPERTY FOLIO NO: 39260480004 VIOLATION ADDRESS: 480 8TH ST.N.E.NAPLES,FL 34120 7. CASE NO: CESD20120000069 OWNER: HENRY ROUZIER&JESSICA E. LOPEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A MOBILE HOME INSTALLED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THIS CODE FOLIO NO: 54680007 VIOLATION ADDRESS: 4807 MYERS RD.IMMOKALEE,FL 34142 8. CASE NO: CESD20100007624 OWNER: JUAN H.&ANA PEREZ HUAPILLA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)HOUSE THAT HAS ADDITION ATTACHED TO IT. FOLIO NO: 63854400000 VIOLATION ADDRESS: 804 JEFFERSON AVE. W. IMMOKALEE,FL 34142 9. CASE NO: CEOCC20120002338 OWNER: ROBERT E.&COLLEEN ROSSOMANDO OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 2.02.03 OPERATING AN INN-TYPE LODGING BUSINESS IN AN ESTATES ZONED DISTRICT FOLIO NO: 36661320009 VIOLATION ADDRESS: 4641 5TH AVE.N.W.NAPLES,FL 34119 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20110000038 OWNER: OLGA CANOVA&REBECCA M.RIOS OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ENCLOSED PORCH, ADDITIONS AND SHED FOLIO NO: 63856880000 VIOLATION ADDRESS: 511 JEFFERSON AVE.W.IMMOKALEE,FL 34142 2. CASE NO: CESD20110006100 OWNER: HARRY E.MONTZ OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)EXTENSION OF ROOF OVER CARPORT AND FRONT DOOR AREA FOLIO NO: 81730640005 VIOLATION ADDRESS: 2547 BARRETT AVENUE NAPLES,FL 34112 3. CASE NO: CES20110006426 OWNER: CARLISLE/WILSON PLAZA LLC OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 5.06.11(A)(1)AND 5.06.07(A)POLE SIGN-WILSON PLAZA,ALTERED WITHOUT REQUIRED PERMIT. WALL SIGN-FARMER JACK'S SUPERMARKET,ALTERED WITHOUT REQUIRED PERMIT FOLIO NO: 37221120305 VIOLATION .-� ADDRESS: 50 WILSON BLVD. S.NAPLES,FL 34120 4. CASE NO: CESD20100003214 OWNER: MARVIN&DONNA SCHROEDER OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: FLORIDA BUILDING CODE,2007 EDITION CHAPTER 1 PERMITS, SECTION 105.1 AND ORDINANCE 04-41 AS AMENDED,THE LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)NO COLLIER COUNTY PERMITS FOR CONSTRUCTION OF TWO STRUCTURES,APPEARING TO BE A GARAGE AND BARN FOLIO NO: 38050720001 VIOLATION ADDRESS: 3801 21ST AVENUE S.W.NAPLES, FL 34117 5. CASE NO: CESD20110014953 OWNER: TOMMY PICKREN OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AN UNPERMITTED SHED WITH UTILITIES(PLUMBING)IN THE REAR YARD FOLIO NO: 63401440002 VIOLATION ADDRESS: 1072 N.ALHAMBRA CIRCLE NAPLES,FL 34103 '~ 6. CASE NO: CEPM20100018316 OWNER: MICHAEL BONELLI OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDING AND BUILDING REGULATIONS,ARTICLE VI, SECTION 22-231 SUBSECTION 15 SWIMMING POOL THAT IS NOT BEING MAINTAINED. VACANT HOME FOLIO NO: 33160001123 VIOLATION ADDRESS: 935 FOUNTAIN RUN NAPLES,FL 34119 7. CASE NO: CESD20100009135 OWNER: OPERA NAPLES,INC. OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE II, SECTION 22-26(b)(104.5.1.4.4),FLORIDA BUILDING CODE,2007 EDITION, CHAPTER 1, SECTION 105.1 AND ORDINANCE,04-41 AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,SECTION 10.02.06(B)(1)(a)ALTERATIONS OF BUILDING CONSISTING OF BUT NOT LIMITED TO: ELECTRICAL,ADDING AND REMOVING OF INTERIOR WALLS,ADDING AND WIDENING OF DOORS/ DOOR JAMS WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY PERMITS FOLIO NO: 61631160002 VIOLATION ADDRESS: 2408 LINWOOD AVENUE NAPLES,FL 34112 8. CASE NO: CESD20090007697 OWNER: TIMOTHY BEEBE OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(e)(i)AND FLORIDA BUILDING CODE,2004 EDITION,CHAPTER 1, SECTION 105.1 AND COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE II, SECTION 22-26(b)(104.1.3.5)OPEN SIDES WITH METAL ROOFED TYPE STRUCTURE AND ATTACHED DECK/DOCK WITH PILINGS,ALL BUILT WITHOUT COLLIER COUNTY PERMITS FOLIO NO: 37743840008 VIOLATION ADDRESS: 245 22ND AVENUE N.E.NAPLES,FL 34120 9. CASE NO: CESD20110012249 OWNER: KENNETH T.JENKINS& AUNDREA L.JENKINS OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)POOL PERMIT EXPIRED WITHOUT RECEIVING A CERTIFICATE OF COMPLETION/OCCUPANCY AND NO PERMITS ON FILE FOR THE POOL SCREEN ENCLOSURE FOLIO NO: 36760921008 VIOLATION ADDRESS: 260 WEBER BLVD. S.NAPLES,FL 34117 10. CASE NO: CEVR20110016570 OWNER: LONNY MOORE TR.EST.,MORRISON LIVING TRUST OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 3.05.08(C)PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION INCLUDING,BUT NOT LIMITED TO BRAZILIAN PEPPER FOLIO NO: 37161440006 VIOLATION ADDRESS: 120 7TH STREET S.W.NAPLES,FL 34117 11. CASE NO: CESD20110007333 OWNER: ERINELDO MOSQUERA&EDDY LUNAR OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)AND FLORIDA BUILDING CODE,2007 EDITION,CHAPTER 1, SECTION 105.1 PERMITS 2004080292(FENCE),2004112551 (SHED),2006023718 (GARAGE CONVERSION)AND 2006023732(ENCLOSED PORCH)THAT HAVE ALL EXPIRED WITHOUT COMPLETING ALL INSPECTIONS AND RECEIVING CERTIFICATE OF COMPLETION/OCCUPANCY FOLIO NO: 35766920004 VIOLATION ADDRESS: 4191 18TH PLACE S.W.NAPLES, FL 34116 12. CASE NO: CESD20110009942 OWNER: AURA RODULFO OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)HORSE STABLE/BARN WITH UNPERMITTED ELECTRIC AND PLUMBING FOLIO NO: 337440003 VIOLATION ADDRESS: 2390 MARKLEY AVENUE NAPLES,FL 34117 13. CASE NO: CESD20110014484 OWNER: JAMES A.&BARBARA A.WHITE OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)& 10.02.06(B)(1)(e)(i)ADDITION MADE TO THE FRONT OF THE PRINCIPAL STRUCTURE WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 41718160000 VIOLATION ADDRESS: 3150 36TH AVENUE S.E.NAPLES,FL 34117 14. CASE NO: CEPM20120001359 OWNER: IRMA ARRENDONDO OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(2)DWELLING BEING OCCUPIED WITHOUT WATER FOLIO NO: 35749440006 VIOLATION ADDRESS: 1948 45TH TERRACE S.W.NAPLES,FL 34116 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - June 28,2012 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110000448 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MATTHEW ARSENAULT & CHRISTINA ARSENAULT, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10-04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 105 6th ST SE Naples, FL SERVED: MATTHEW ARSENAULT & CHRISTINA ARSENAULT, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10-04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone (239)252-6548 Fax 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 NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Colleen Crawley ,.�From: PerezCristina Sent: Monday, May 14, 2012 9:38 AM To: Colleen Crawley Subject: FW: Request for extention Original Message From: Arsenault, Christina [mailto:Christina.Arsenault @nchmd.org] Sent: Monday, May 14, 2012 9:14 AM To: PerezCristina Subject: Request for extention Hello, I spoke to you Friday about filing for an 45day extension for the shed at 105 6th street se Naples, FL 34117. I am currently under review for the demolition permit and it should be done by Friday so that the inspection can be called in Monday, but I am in need to file for the extension just in case they deny the permit or there is a problem with the inspection as the last date that I have to complete this is 5/21/2012. I am sorry it wasn't done earlier it just money and time issues as I am a single mother now. I did complete the fence in a time manner and paid all the fines as well. I really am trying to stay in compliance and complete everything and would really appreciate if I could have the 45 day extension. I am expecting to be there on May 24 at 9:00am as we talked about. Thanks Christina Arsenault Family Practice PSR/Team Leader 239-643-8770 CONFIDENTIALITY NOTICE - Visit our website at http://www.nchmd.org This email and any files transmitted with it are from the NCH Healthcare System. This message is confidential and is intended only for the addressee. If you are not the intended recipient or have received this email in error, please call us immediately at (239) 436-5000 and ask to speak to the message sender or promptly email the message sender of the delivery error and then delete the message. Thank You. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. '-` Instead, contact this office by telephone or in writing. 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110000448 vs. MATTHEW ARSENAULT AND CHRISTINA ARSENAULT, INSTR 4652673 OR 4760 PG 534 RECORDED 1/31/2012 3:13 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT / COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 19,2012,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: 1. That Matthew and Christina Arsenault 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 105 6th Street S.E.,Naples,FL,Folio 37226440006,more particularly described as the East 180' of Tract 92,GOLDEN GATE ESTATES,UNIT NO. 13,according to the map or plat thereof,as recorded in Plat Book 7,Pages 71 and 72 of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,sections 10.02.06(B)(lxa)and 10.02.06(B)(1)(e)(i)in the following particulars: Shed constructed without Collier Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended, sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 120 days(May 19,2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 19, 2012,then there will be a fine of$150 per day for each day until the violation is abated. r 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Inv estigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 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 ofl^\J 2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNT _! ! 'A BY: -lie I . _ •, lair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.7?) day of'--, -4� , 2012 Kenneth Kelly, 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 TWENTE NOTARY PUBLIC co`�: Notary Public-State of Florida My commission expires: •_My Comm.Expires Jun 18,2015 ';9, �p„S` Commission#EE 87272 %:Eor, ,,• CERTIFICATE OF SERVICE '��,,,to.` Bonded Through National Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Matthew Arsenault and Christina Arsenault, 105 6th Street S.E.,Naples,FL 34117 this Sai-y of "fit,- , 2012. /24 Pe--,----7-7 (Tyc.:"..,e_." ........) M.Jean-Rawson,Esq. Florida Bar No.750311 2375 North Tamiami Trail, Ste.208 Naples,Florida 34013 Stark, oT f Lr;RIUR (239)263-8206 :aunty of.COLLIER. I H EREF3y,cERTIr'Y THAT this Is a true a ,:oi rect`cboy of a,locument on file in Board Minutes -n&ARecoras of Collier Cok my 'M T"NES3.my ti.ane:.-entt Official seal this --. 3_,Ist- aay of _ . -0(c7 WJ T E BRO;I. " 'CLERK OF COURT '! l ✓� CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110005108 COLLIER COUNTY, FLORIDA, Plaintiff, vs CARLOS RAMOS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 11141 Laakso LN Naples; FL SERVED: CARLOS RAMOS, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON W TH 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri Ani avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110005108 Carlos Ramos, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e) 2. Description of Violation: One storage structure with no Collier County Building Permit and single family home without issuance of Certificate of Occupancy/ Completion 3. Location/address where violation exists: 11141 Laakso Ln, Naples, Fl. 34114, Folio #00755320006 4. Name and address of owner /person in charge of violation location: Carlos Ramos, 3415 Carson Rd. Immokalee, Fl. 34142 5. Date violation first observed: May 4, 2011 6. Date owner /person in charge given Notice of Violation: September 14, 2011 .7. Date on/by which violation to be corrected: October 14, 2011 8. Date of re- inspection: April 11, 2012 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 1" ofAfi -� 2012 kip ti�� • rt Code`Enfo�ement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thi 111 lay of pr- , I, 2012 by fl �l t rl o r(Signature of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally known for produced identification Type of identification produced NOTARY PUBLIC- U'; ;,T OF FLORIDA Ke it ; Adams_ E005769 REV 1-4 -12 EY,r,�i_res: J ', 30, 2014 BONDED THRU AT_, ., ;TIC D05DLNG CO., INC. Case Number: CESD20110005108 Date: September 14, 2011 Investigator: Danny Condomina Phone: 2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RAMOS, CARLOS 3415 CARSON RD IMMOKALEE, FL 34142 -2005 Location: 11141 Laakso LN Naples, FL Unincorporated Collier County Zoning Dist: A -MHO Property Legal Description: 16 51 27 NE1 /4 OF SW1 /4 OF NW1 /4 OF NW1A, LESS E 30FT Folio: 755320006 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e) 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 : 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... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: One storage structure with no Collier County Building Permit and single family home without issuance of Certificate of Occupancy /Completion. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building or Demolition permits, inspections, and Certificate of Occupancy /Completion for described structures. ON OR BEFORE: 10/14/2011 FaHure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: I nvestigatc5—rS ig nature Danny Condomina INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient c Printed Name of Recipient /4-/ 7 // Date L� AFFIDAVIT OF SERVICE Code Case Number: CESD20110005108 Respondent(s): RAMOS, CARLOS THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Danny Condomina, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Carlos Ramos at 3415 CARSON RD , on September 14, 2011 (Date), at 9:30 AM (Time). ignatur - ode nforcement Officia Da nyr� Condomina STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this L- :f' day of 2011 by Danny Condomina (Name of person making statement) (Signature of Notary Public)) ()loos Mq PUBLICSTATE AF FL yi berly Brander Q0`:- Commiss'ron4DD926130 , F Exes: A� ZCBONDM C0.oRic. (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced Municode Page Iof17 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 DRl 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 - htt -p: // library. municode .com /print.aspx ?clicntID =13 992 &HTMRequest= http %3 a %2f%o2flib... 7/6/2011 Municode Page 2 of 17 building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. ,90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06:04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. I. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. I. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate, Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off - street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from'full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentialiy allowed uses of land or buildings. 2. Building permit submittal requirements for signs is provided in section 5.06.11 of the Collier County Sign Code. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County http://Ilbrary.municode.com/print.aspx?clientID=l 3 992 &HTMRequest= http %3 a %2fT /o2flib... 7/6/2011 LF298.04 8298 -04 2984470 OR: 3039 PG: 1710 IICOIDID in 0l1ICIAL IICOIDS of COLLIII COOM, PL 05/11/2002 at 04:109 DWIGHT 1. BIOCI, CLIII CONS 3000.00 uC 111 10.50 Doc -.70 21.00 ICU: CAMS MOS 1025 29TH ST I99OU1,11 IL 34141 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of t 1 'U 0,2— by first party, Grantor, 'Te r•et%,A. Sr,,v ,O j whose post office address is 5331 -7!1sIcAa S (A Vf- Nn?\(`S ��� S`L »� to second pany, Grunter, fptxQ 10 �a 3c4 tw whose tit office address is WITNF:35ETH, That/ the paid by the said second party, hr lrrcc and quitclaim unto the said sectrd iar party has in and to the fullowin c i the County of C_.v y -0 �- y forever, all the rift kd parcel of land, State s e • itm a d t'or the sum f, o ae rn wlt,•&C , does hereby remise, release t, title, in } 'il and claim which the said first tlinry' t�'F'its and appurtenances thereto in `}f R L to wit; J L ass ,�E 2".FT 0 IW2•:Ia)I Mode 6-! Prmhwi,, hx, hip I Ne,. IUAII 'nuts prudw tfuew w uwt,utute the fetwknng of kgal aJ\ we or ,cn wo 7ht, pttrluet t, uttcndrd Iur tntiwntauonat uW wth atal a n.a a ,uMtitute hw leg J advice. Swr law%,•ary, w vismah an atttwtw% ton all legal tttiatel,. not, proJtu't % ;&% two iwvvN%x%1\ lweparcd hl a pet,tNt II�Yll,etl to IK;Ktwe IJw In �,Wf Uate AKAB *,** OR; 3039 PG, 1711 * ** IN WITNESS WHEREOF, The said first party has signed and sealed these presents the Jay and year first above written. Si nett, scaled and delivered in presence of'. Signature of* Witness Signature of Hirst Party EATRISH PUGH THERESA SANDOVAL i ame ofness Print Warne of First Puny Sig a re Witnea Signature of First Party ANCY VASQUEZ Print name of Witness Print name of First Purty State of FLORIDA County of COLLIER On MAY 17, 2002 before me, GLORIA GARCIA 9 DEPUTY CLERK appeared THERESA SANDOVAL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) %% hose names) is/are subs _j "�i to the within instrument and acknowledged to me that he /she /they executed the same in his/etr au �i capacity(is�s Xfti;l, Mier /their signaturr(s) un the instrurttent the penun(s) �Ai hjj)yupun If uiSd ate � xccutet! the instrument, WITNE. ) r (.Mind and Micial'4,�i' " r'aln E BRA � URK OF C ( • .� IRCU C RT _ l I S—Y % —AL c* s / _ z , . h - DEPUTY CCLARK - t State of i "le"(`r� << ►� �`� County of ''�rittiittti ►t On me, It Known XX Produced ID . ,f' f- E'L- D/L %5331- 813 -66 -785 -0 (Seal-) appeared - ' 4�, personally known to me (or proved r�tt ^u a basis of wt evidence) to he the person(s) whose name(,,) is/are subscribed to the withinln trur�i t u r�ciwj� ged to me that he/she/they executed the same in his/her /their authorized capacity(ies , h'nth�h`ls /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officiu) seal. Signature of Notary hp AKAB Aftiant Type of 11) Known. Produced ID Signature of Preparer �or J Ao,, . Print Name of Preparer Address of Preparer (seal) BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20110005108 Carlos Ramos Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, C` '\OS Ro- o behalf of himself* as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110005108 dated the 14TH day of SEPTEMBER, 2011. 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 • ck.7 2t1 i 2012 ; 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 $ •fib incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Permit(s) or Demolition Permit(s), inspections, and Certificate of Completion/ Occupancy witht' 1 - days of this hearing or a fine of$ i ` per day will be imposed until the violation is abated. 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 and 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.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. / i :L___j;.4 Y 61-1C Respondent or Representative (sign) o✓ Diane Flagg, Director Code Enforcement Department Y Car 10.5 5 - 2 -I Respondent or Representative (print) Date Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20110005108 Board of County Commissioners, Collier County, Florida Vs. Carlos Ramos Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06 (B)(1)(e) Danny Condomina, Code Enforcement Official Department Case No. CESD20110005108 DESCRIPTION OF VIOLATION: One storage structure with no Collier County Building Permit and single family home without issuance of Certificate of Occupancy/ Completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit(s), inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Carlos Ramos Inv. Danny Condomina Department Case No CESD20110005108 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 I $12.861 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 • I IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 I $0.00) IOF Total I $0.001 „-. Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRK N SANDERS, Respondent(s) NOTICE OF HEARING Case: CESD20100007042 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2280 Pineland AVE Unit:1 Naples, FL SERVED: KIRK N SANDERS, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE, HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicics the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you f0 tradiksyon. Si ou pa paid angle tanpri Vint avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD �OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20100007042 Kirk N. Sanders, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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):Florida Building Code, 2007 Edition, Chapter 1, Section 105, 1, Collier County Land Development Code 04 -41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 2.02.03. 2. Description of Violation: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. 3. Location/address where violation exists: 2280 Pineland Ave. Naples, Fl 34112. Folio #'s 56150200005 and 56150520002. 4. Name and address of owner /person in charge of violation location: Kirk N Sanders, P.O. Box 2481 Naples, Fl 34106. 5. Date violation first observed: June 8th, 2010. 6. Date owner /person in charge given Notice of Violation: September 151, 2010. 7. Date on/by which violation to be corrected: September 29th , 2010. 8. Date of re- inspection: May 17th, 2011. 9. Results of Re- inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official continues to exist; that attempts to secure compliance with the Collier violation should be referred to the Collier County Code Enforcement Boa Dated this 17th day of May, 2011 hereby certifies that the above - described violation 3ounty Code have failed as aforesaid; and that the i for a public hearing. iffe Botts de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S to (or ff. ed) and subscribed before this 17th day of May 2011 by Azure Botts Signa �eolf otary Public) (Print/Type /Stamp Commissioned NOTARY PUBLIC -STATE OF FLORIDA Name of Notary Public) Colleen Davidson Commission #DD998206 REV 1 -5 -11 Expires: _ IME 07, 2014 BONDED TBRU ATLAIF fIC 13ONDING CO., INC. Personally known or produced identification Type of identification produced REV 1 -5 -11 Case Number: CESD20100007042 Date: August 30, 2010 Investigator: Azure Sorrels Phone:2392522455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SANDERS, KIRK N PO BOX 2481 Naples, FL 341060000 Location: 2280 Pineland AVE Unit:1 Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: LOS PINOS BLK A N 28FT LOT 8, ALL LOT 9, 26 & 27 Folio: 56150200005 and 56150520002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10 -04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 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.: 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 : 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).: Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Approximately 12 mobile homes were installed without first obtaining all required Collier County building permits. Several additions made to mobile homes on the property consisting of carports, screen porches, roof overs, and living space below flood with eletrical and plumbing without first obtaining all required Collier County Building permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure /improvements: AND / OR M ust remove said structure /improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for-and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. 4. Must cease all extra use at any and all property other than property zoned for commercial use as identified in Ordinance 04 -41, as amended, Section 2.04.03, Tables 1 and 2. Must remove all extra mobile homes other than what was approved in 1975 from property and /or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and /or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 09/2912010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remaiA, and costs of prosecution. SE ,ED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT X2800 North Horseshoe Dr, Naples, FL 34104 In s -1 or Signature ��_.. Phone: 239 252 -2440 FAX: 239 252 -3900 Azure Sorrels Signature and Title of Recipient Printed Name of Recipient Date $ ƒ & CD _ � 2 t 3 'ƒ p 2 f 13 1§1130 7 Z> X4 L O C3 le 2« in = 2f0 /§ �Uht a2 . C171 ƒE6ƒ �o 7f c m OOO �§ C ¥ © § D E k2 �) &�o \k v 0.0 , &��`A r22�2/ E� /7�{ A$E @t0 ■ ■ ■ � k ■ � rq e m R � C3 � 0 c 0 0 c r- � c m CO .r%- / $ �B � 2 2 U. \ [ $ @ A ƒ k { § EL CD _ � 2 _ ■ � 7 5 v X4 L & 2j o in = 2f0 ) �Uht a2 k ■ � rq e m R � C3 � 0 c 0 0 c r- � c m CO .r%- / $ �B � 2 2 U. \ [ $ @ A ƒ k { § EL E-.Codes Page 1 of 1 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 required impact- resistant coverings, 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. http: / /ecodes. citation. com/cgi- exe /cpage. dll ?pg= cutnbdrx &rp =d: %5 Cwebcontent %5 Conli... 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS 10.02.06 - Submittal Requirements for Permits Page I of 2 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 (DR]), 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 http: / /Iibrary.municode.com/HTML /13992 /level2 /CHIOAPREDEKIPR 10.02.00APRE.html 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of 2 land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. L 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). http: / /library.municode.com/HTML /13992 /level2 /CHIOAPREDEKIPR 10.02.00APRE.html 5/17/2011 2.02.00 - ESTABLISHMENT OF ZONING DISTRICTS Page 1 of 1 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. http://Iibrary.municode.com/HTML/I 3 992 /level2 /CH2ZODIUS_2. 02.00ESZODI.htm1 5/17/2011 By, 3607 TAMIAMI'rRAlt. NORTI1 NAPLES, Fl. 34103 incidental to the issuance of a title insurance lx4lo file N: 5.98 -465-MS Parcel II) 0: 56150200005 and Sb150320002 Uranieets) SS u WARRANTY DE:F I) (INDIVIDUAL.) 2381544 OR: 246'`: 1190 RICORDID to 01FICIAL RECORDS of COLLIIR CODITT, IL I01091i8 at D;-538H DWIGHT 1, BROC1, CLJ1I cows INNO.00 ABC CIE 6.04 Penn: IIICUTIVE TITLE 1115JUNC? ?1CK :'F This W'ARRAN'TY DI I. D. dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of E. Thomas Waia++right, Sr. , Deceased whose post office address is 4241 Chantelle Drive, Apt. D101, Naples, Fl. 34112 herinafter called the GRAN I OR, to KIRK N. SANDERS, A Single Person whose post office address is 4416 Lakewood Blvd., Naples, FL 34112 hereinafter called the ORANT'FIE. (Wherever used herein the terms "(;ranter" and "Grantee" include all parties to this Instrument and the hells, legal representau\es and assigns of individuals, and the successors and assigns of corporation;. ) WITTIESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable corntderauons, receipt whereof is hereby, acknowledged, hereby grains, bargains, sells, aliens, remise,, releases, conyrys and confirms unto the BRAN FEE. all that certain land situate in COLLIER County, Florida jiJr;� "��� LOTS 9, 26, 27, 28 AND "rHF. NORTEI 28 FEES /�LCYT'8, BLOCK ic�t't.(NOS Sl18DIVISION, AS REC'ORnF:D IN PLAT BOOK 1, PAGE: 46, OF "I-HE PUBLICS OF COLLIER CO1,N- icl "ORIDA. SUBJECT' '1'0 covenants, conditions, rcstncti ns, rV er s, lim a it rr. fc. sentrnts and tgreenienu rd rl•cord. a all\ . tu\es and assessments for the year 97 and subseyu rt years: an to 11-trpp cahlc : win or mart es and or re,tncuon, and prohibtnons PI imposed by governmental authorities, it any, ��l n``� tl 1 1 I( IOGETIIER with all the tenements, I ditml, I i ei�t}f t eri io hclu t o t >\+nr •rppert:unmL. 1\ t=� a I'O HAVE ANC)'rO HULU, the same in tee ii1�V` +rtvrr ti f AND THE GRAN 'fOR hereby covenan!s with sa � N VEE that except it�-1 m atj� the ORAN I OR IS Ia+ +talk setZeJ of said land in fee simple: that the GRAN FOR has good n t vtul authurit,, ,ronvey said land; that the BRAN It1R hereby fully warrants the title to said land and will defend the ij �' te. f all persons w'humsoe+er IN WITNESS WHEREOF, GRANTOR has signed and sealed these present,, the date set forth above SIGNED IN T}{E: nt PREStNCI Of'I� 'HE' F/�� 1,- L -W— - - - 'I'NfSSfiti _, Signature: Witness: Pri � t Marjorie S. Wainwright Signature: Witness: Pr t State of Florida County of Collier I HEREBY CERTIFY that on this 65, before file, an officer dull authorized in the State aturesaid and in the l'ouun aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E. Thumas Wainwright, Sr., Deceased , i me ill+ +n m be the person (s) described in and who executed the foregoing instrument or N% ho his produced us identification and who did not tape an n:nlr, .r.AuoufeJged before nir that hrshathey rxerutr,l th; �,une R'I I'N}SS my hand iutti ottiriul .rat in the ('uumy and Stair Iasi aforesaid Uus d:r} of :G 21.E �_ —.. 9itrf•1R)' naturrf C� SFAI Nt11.1K1• It( IhillC', (PrintNantel i 1 r Wrpvel Hy. 3607 TAMIAMl "FRAIL NORTII N.tPLES, R. 34103 incidental to the issuance of a title insurance polio Filer: 5.98-465 -MS Parcel ID r: %IS0200005 and 96150520002 (.iranlee(si SS u' NVARRANTY UFN'D (INDIVIDUAL.) * ** 2381544 OR: 2469 PG: 1190 RICORDID to OIIICIA RICORDS Of COLLAR COUTTT, It 10109 /9I at 0'531`11 DWIGHT 1. MCI, C1,111 COWS IND00.00 .BC .. *II fi.00 r�.. !1 "..)0 .Refit ITICDTIV) iI' 6 I11iJFAKC? ?ICK EF This WARRANTY DECU, dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of F. Thomas Wainn right. sr. , Deceased whose post office address is 4241 Chantelle Drive, Apt. D101, Naples, Ft. 34112 herinafter called the U RAN I OR, to KIRK N. SANDERS, A Single Person whose post office address is 4416 Lakewood Blvd., Naples, FL 34112 hereinafter called the GRANT! ?Isis ( Wherever used herein the terms "Grantor" and "Grantee" include all panic, to this instrument and the hens, legal represema iN,!s and assigns of individuals, arid the successors and assigns of corporation,. ) WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and tither valuable contlderat+ons, receipt whereof is hereby acknowledged, hereby grans bargains, sell aliens, remises, releases, comers and confirms unto the BRAN mi.. all that certain land situate in COLLIER County, Florida, vi LOTS 9, 26, 27, 28 ANt)'rHF. NORTH 28 FEE ��`L{YV BLUC K .�J\34 OS SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE. 46, OF -rHE. PUBLIC F , S OF C'ULLIi R C-00 1IN\JV,�LORIUA, SLJBJEC1' 'I'0 covenants, conditions, restn0 ,ns, yeserk dU) -ns, 101-113 tTizrrr le assessments for the year 97 and suhseyugnt )bars. all to 3alL_, pp cable imposed by governmental authorities, it any, TOGETHER \vith all the tenements, heredrtat irli.' t p et�iJtc ti e "L IL f O HAVE AND TO H(JLU, the same in tie s'l Vurever AND 7"HE GRAN 'FOR hereby covenant. with sa r N I'hE: that eseept as land in fee simple; that the GRAN I OR has goud n lfr `iakN IWl auth ll lt\ It fully warrants the title to said land and will delend the sli(1\ :menu of record. 11 Jtt \. to \e> and and or restrtcUons and prthibtno ^s w Ise appertaining. ti J the (;RAN1UR is laotully seized of said ..onvec said land; that the (IRAN lOR hereby all persons whortisoever IN WITNESS WHEREOF, ORAN'FOR has signed and sealed these presents the date set forth above. 1 SIGNED IN THE PRESENCE 01 11IF FOl,L3allw WIi'NESSIS: Signature: Witness: Print N Marjorie S. Wainwright Signature: ;u\ Witness: Prik -- - - - - -- Stale of Florida County of Collier HEREBY CE:RI•IFY that on this da), before me, an officer duly authorized in the State aforesaid Lind in the Yount\ aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E. Thomas Wainwright, Sr., Deceased , t me lo\\ n to be the person (s) described in and \rho executed the foregoing instrument or \\ho has produ.ed �i i. ns identification and veho did not tale an oath, ,, lmn,lcdged before me that he he they c\e :ute,1 th; -111c Wt 1'NESS my hand and official seal in the ('ounty and State las aforesaid this din of � 'e- I `' '4. Ditrt 11(1' e-7 u SFAI \lJ 1 .w' PI M.W. (Print None) I: •M i r. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007042 Board of County Commissioners, Collier County, Florida Vs. Kirk N Sanders • Violation of Ordinance/Section(s) Florida Building Code 2007 Edition, Chapter 1, Section 105.1, Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 2.02.03 Azure Botts, Code Enforcement Official Department Case No. CESD20100007042 DESCRIPTION OF VIOLATION: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. The respondent must obtain all required Collier County Building permits or a demolition permit, their required inspections, and certificate of completion/occupancy within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 2. The respondent must remove from property any extra mobile homes other than what was approved in 1975 for the legal non-conforming status. Including the recreational vehicle within days of this hearing or a $ per day fine will be imposed for each day the violations remain. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm - abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Kirk N. Sanders Inv. Azure Botts Department Case No CESD20100007042 INVESTIGATIONS I Hours Per Hour Total $0.00 I FINDING OF FACT HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total $81.43 IMPOSITION OF FINES HEARING I Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 I $0.00 IOF Total $0.00 Total Operational Costs $81.43 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20110011262 COLLIER COUNTY, FLORIDA, Plaintiff, vs GRACELYN MOSTACCIO RUE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally 1.04.01(A) LOCATION OF VIOLATION: 2861 4th AVE SE SERVED: GRACELYN MOSTACCIO RUE, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA 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 NOTIFICACION: Este audiencia sera conducida an at idioma Ingles. Servidos the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con as comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odayon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20110011262 Gracelyn Mostaccio Rue Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 04 -41, as amended, Section 1.04.01(A) 2. Description of Violation: Kowiachobee Animal Preserve, Estates zoned property, advertising and allowing scheduled trips /tours for the public to view animals on an estates zoned property. 3. Location/address where violation exists: 2861 4m Ave SE, Naples, FL 34117 Folio# 40926160000 4. Name and address of owner /person in charge of violation location: Gracelyn Mostaccio Rue 2861 4"' Ave SE, Naples, FL 34117 5. Date violation first observed: August 30`h, 2011 6. Date owner /person in charge given Notice of Violation: September 26th, 2011 7. Date on/by which violation to be corrected: October 26`h, 2011 8. Date of re- inspection: April 11th, 2012 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 17Y` day of April, 2012 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn b b fore this 12 day of April ,2012 (Signa e of Notary Public] (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC -STATE OF FLORIDA Type of identification produced Delicia Pulse Commission # EE049564 ° %,,,,,,,,,•' Expires: JAN. 16, 2015 BONDED THRII ATLAATIC BONDING CG.,WQ by `�0.rcc� �e�cwtrti REV 8 -19 -11 COLLIER COUNTY CODE ENFORCEMENT 'Owner: RUE, .GRACELYN MOSTACCIO NOTICE OF VIOLATION 2861 4TH AVE SE NAPLES FL 34117 - Location: 2861 4th AVE SE Unincorporated Collier County Zoning Dist, E,,, Property Legal Description: GOLDEN GATE EST UNIT 81 W THE E 105FT OF TR 60 Folio: 40926160000 Case Number: CELU20110011262 Date: September 26, 2011 Investigator: Patrick Baldwin Phonc'2392525756 15OFT OF TR 60, THE W 75FT OF THE E 180FT OF TR 60, AND NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Articie:IX, you are notified that violation(s) of the following Collier County Ordinances) and or PUD Regulation(s) exists at the above- described location, 1. Ordinance /Code: General Provisions. Land -Use. Collier County Land Development Code .04-41 as amended, Section 1.04,01(A) A. The provisions of this LDC shall apply to al! 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VLOLATION(S), Did Witness: Kowiachobee Animal Preserve, Estates zoned property., advertising and Allowing scheduled rips /tours for the public to view animals on an estates. zoned property, ORDER TO CORRECT VIOLATION {S1' You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04 -41, as amend_An animal preserve cannot be. operated on an estates zoned parcel 2, Must cease and desist ail advertisements of Field trips /tours to the Kowiachobee Animal Preserve.. 3, Owners cannot have field trips /tours from the public to the estates zoned property to view exotic animals ON OR BEFORE: October 26th, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $5010 and costs of prosecution. OR 2) Code Enforcement Board review that.may result, fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. "" SE D BY: INQUIRIES AND .COMMENTS SHOULD :BE rl� DIRECTED TO CODE ENFORCEMENT • 1 W Wa 01-11 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. SpecificaRy, 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 nfi nimum 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-apply4 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 ®f.the Collier County Growth Management Plan (GMP). C'oP�E- cT/ ve QUITCLAIM DEED This Quitclaim Deed made this 4th day of JANUARY 2008, between JONATHAN P. SLABY Joined by his spouse GRACELYN MOSTACCIO RUE whose address is 2861 4th AVENUE SE, NAPLES, FL, Grantor, and GRACELYN MOSTACCIO RUE, A MARRIED WOMAN, whose address is 2861 4th AVENUE SE, NAPLES, FL, Grantees. Witnesseth, that the Grantor, for and in consideration of the sum of - - -- -TEN & NO /100 ($10.00)— DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns o d o forever, the following described land, situate, lying and being in the County of COLLIER, State of Florida, to -wit: THE WEST 150 FEET OF TRACT 60, UNIT 81, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED PLAT BOOK 5, PAGES 19 AND 20, OF THE PUBLIC o RECORDS OF COLLIER COUNTY, FLORIDA. V ca O O �. To Have and to Hold the same together with all and -swig lar the appurtenances thereunto belonging or in a anywise appertaining; and all the estate, right,.ti. t Fes i ui,ty and claim whatsoever of Grantor, either in fl law or equity, for the use, benefit and profiy�sa' id Gr tna ees a In Witness Whereof, the Grantor has/he /r�7oo....0 /r�to- set-hrh� han !! nd se I the day and year first above written. - Signed, sealed and delivered in Tamelc_ 6 - _31 t-7".24Q e�- Witness #2 Printed Name /r GRACELYN IbSTACCIO RUE anae%i Mr-MM VAb Nomy rlf&� -gyp W Fb 2 - " Aug 31, 2010 STATE OF FLORIDA .....F. OWY A '�. � Oc F � BOIId10 �i Amt y WUNTY OF COLLIER a WE Ae foregoing instrument was acknowledged before me this 4th day of January 2008, by JONATHAN P. SLABY —SD GRACELYN MOSTACCIO RUE who is personally known k to me or who has produced N as identification. '2c�J �7 o ry Signature Printed Notary Signature = Q Witn ss Si ature Witn s # tinted Name a� a o Witness #2 Signature Tamelc_ 6 - _31 t-7".24Q e�- Witness #2 Printed Name /r GRACELYN IbSTACCIO RUE anae%i Mr-MM VAb Nomy rlf&� -gyp W Fb 2 - " Aug 31, 2010 STATE OF FLORIDA .....F. OWY A '�. � Oc F � BOIId10 �i Amt y WUNTY OF COLLIER a WE Ae foregoing instrument was acknowledged before me this 4th day of January 2008, by JONATHAN P. SLABY —SD GRACELYN MOSTACCIO RUE who is personally known k to me or who has produced N as identification. '2c�J �7 o ry Signature Printed Notary Signature COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COMMISIONERS Petitioner DEPT CASE NO. CELU20110011262 vs. Gracelyn Mostaccio Rue Respondent AMENDMENT TO REQUEST FOR CONTINUANCE COMES NOW Respondent, Gracelyn Mostaccio Rue, and files this her Amendment To Request For Continuance which is an Amendment to the Request For Continuance previously filed with this Board. The Amendment herein would include the following: (1) Allegations of the previous request for continuances is once again readopted and realleged. (2) The Respondent, for several years, has acted in conjunction with the Collier County Code Enforcement Division and has attempted to remedy any and all potential issues of concern. No formal action has come before this Board in reference to the property involved. (3) Although a Notice of Violation occurred on September 26, 2011, this matter was not previously set for hearing until April, 2012. When this matter came before the Board it was on short notice and a continuance was provided to the Respondent. (4) Since the initiation of this matter through a Notice Of Violation, recently communications have continued between the Respondent, her representatives, and Collier County Code Enforcement. These discussions have occurred in good faith with Collier County Code Enforcement staff operating in good faith and in a cooperative manner. Requests for public records have been complied with, on a very limited basis, but it has been clear that the intent of the parties was to try to resolve this matter. (See attached email exchange) (5) The communications between staff and the Respondent were not being brought to a resolution and Respondent therefore sought counsel so as to permit a dialogue between Collier County Code Enforcement and the Respondent to continue but yet engaging in a process that would be beneficial to both the Respondent as well as Collier County Code Enforcement. That counsel was just retained approximately ten days ago and there has not been adequate time to properly review the situation including two requests from various divisions of Collier County documents that are specifically necessary for the presentation of the Respondent relative to the Notice Of Violation before this honorable Board. (6) Public Records Requests have been made to the Collier County government and its specific departments as follows: 1. Collier County Code Enforcement 2. Collier County Code Enforcement Board 3. Collier County Public Utilities Division 4. Collier County Property Appraiser Copies of those Public Records Requests are attached hereto and made a part hereof. (7) It is anticipated that additional Public Records Requests may be required. The complete files as requested are necessary and proper to present to this honorable Board so as to permit the Respondent to provide an answer/response packet of information to the Secretary of this Board for the purposes of a full hearing that would afford the Respondent due process and equal protection under County, State and Federal law. (8) Due to the short period of time of counsel's retention and the attempt to resolve this matter between the Respondent and Collier County Code Enforcement Board, these documents have not been able to be put together pursuant to the Rules and Regulations of the Collier County Code Enforcement Board. (9) A presentation of these matters cannot be handled within the 20-minute suggested timeframe under the Collier County Code Enforcement Board Rules and Regulations. It is anticipated that at least a three-hour hearing will be necessary and a request is made that the hearing should be specially set in this matter. (10) The Respondent wishes to exchange witness lists between the Collier County Code Enforcement. The witness list and the securing of the witnesses to attend the hearing on such short notice does not provide an opportunity to present the matters to this Board in accordance with due process and equal protection under County, State and Federal law. (11) Undersigned counsel, in conjunction with co-counsel, Ari Good, met with representatives of the Respondent yesterday. That meeting was cut short due to a fire that had occurred adjacent to the property which placed in jeopardy the protected animals located at the Kowiachobee Animal Preserve. This has not afforded counsel even the barest of opportunities to prepare and be ready for the proceedings and as such this portion of the amendment should be considered as an Emergency Motion For A Request For A Continuance. 2 (12) The Respondent has allowed visitors to see and interact with animals that are not traditionally available. The opportunity to proceed with their ability to make individuals aware of the educational opportunity is one of the issues at the heart of this matter. The Respondent has provided valuable community service that has provided educational benefits which should not be disrupted by this Notice Of Violation and therefore a complete opportunity to interact with Code Enforcement, through counsel, and work toward a resolution which is suggested under the Collier County Code Enforcement Board Rules and Regulations is in order. WHEREFORE the Respondent respectfully files this Amendment To The Motion For Continuance and respectfully requests this honorable Board to grant at least a 30-day extension so as to afford compliance with the Public Records Request but not more than 60 days. It is important for all involved to have this matter properly presented and resolved. Respectfully Submitted, Yale T. reeman, Esq. lo ••. Bar No. 0616855 Yale T. Freeman, P.A. 7400 Tamiami Trail North, Suite 101 Naples, FL 34108 Co-Counsel for Respondent and Ari Good, Esq. Florida Bar No. 942731 Good Attorneys At Law, P.A. 7935 Airport Pulling Road North Naples, FL 34109 3 Yale T. Freeman From: Sandra Wiegman [sbwiegman @gmail.com] Sent: Wednesday, May 23, 2012 1:49 AM To: Yale T. Freeman Subject: Fwd: Meeting on 5/15/12 with HR Director on Complaint about Code Enforcement Forwarded message From: Sandra Wiegman <sbwiegman @gmail.com> Date: Wed, May 23, 2012 at 1:46 AM Subject: Fwd: Meeting on 5/15/12 with HR Director on Complaint about Code Enforcement To: Sandra Wiegman <sbwiegman@gmail.com> On Wed, May 23, 2012 at 12:51 AM, Sandra Wiegman<sbwiegman @gmail.com>wrote: Hello Amy Lyberg. I received your first email. You and I agreed that I would read it over and then confirm it to be correct. As you stated in your email as well. I sent you an email regarding the portion you forgot to add to the complaint. I have not heard back from you or received the final written/email documented complaint. Our meeting with code enforcement is approaching very quickly and I need to have it to put into records at the hearing on May 24th at 8:30AM. I would also like to call attention to the portion of the email above that reads; "You did receive all the documents you requested yesterday, today, via e-mail from Cristina Perez." I was emailed documents. But I was not emailed all of them. The rest I was asked to pick up at Code Enforcement from Cristina Perez. This was right before we met. I received printed documents. After our meeting while reading them they turned out to be exact duplicates of the documents she had already emailed me. There were no new or missing documents included such as my request for All public records. ie Any correspondence or interaction pertaining to the subject. I do have the duplicate print out packets I will be bringing them to our meeting the 24th along with emails, phone records and correspondence made concerning this matter. I am not asking you to change that portion of the complaint merely add and make you aware that the compliance I thought I was being given was in fact wrong. And the documents I picked up immediately before our meeting and was told were the missing documents from the AM email between Cristina and I were in fact not. If you would not like to note this I would be happy to stop in and make a new/another complaint. Please Advise! Thank you! Please advise! Thank you! -Sandra Wiegman On Thu, May 17, 2012 at 1:28 PM, Sandra Wiegman<sbwiegmanagmail.com>wrote: Hello. Amy Lyberg. I have read it over. They only portion missing is; I indicated to both Diane B. Flagg and Christina Perez that I had 3 appointments with Legal Lawyers afterwards and would need the information on hand to successful complete my scheduled meetings. Which is the initial reason I came into Code enforcement and my plans to go over to Zoning and such divisions. Thank you. 1 On Tue, May 15, 2012 at 5:24 PM, LybergAmy <AmyLyberg @colliergov.net> wrote: Ms. Wiegman— I am writing to document our conversation from this afternoon related to the complaint you wish to file regarding Code Enforcement employees Diane Flagg and Cristina Perez. The information below is a summary of my recollection of our meeting. If any of the information is inaccurate, or if you wish to add information that I do not have listed below,please update via reply message. • You indicated that you represent your aunt and uncle, John and Grace Slaby, who are the owners of the Kowiachobee Animal Preserve, located at 2861 4th Avenue SE,Naples • You shared that yesterday, you made a trip to the Code Enforcement office to get a number of documents, including, but not limited to, the Collier County Ordinance relating to operation of the preserve and zoning regulations. You indicated that you had asked the individual at the front counter to print out these documents for you so that you could take them along for other appointments you had scheduled yesterday. • After making your request, you were met by Code Enforcement Supervisor Cristina Perez and Director Diane Flagg. You sat with them in a conference room for approximately two hours. You indicated that during that time, Ms. Perez and Ms. Flagg talked about the case, Code Enforcement's rationale for taking the action they did, and your request for the documents on file with the Code department. • Your memory is that both individuals stated it would be easier to send you the documents via e-mail rather than printing them all out for you, and that by e-mailing the information, it would preserve a history of the discussions as well as ensuring that you'd be able to immediately get a response on any other requests. You left the meeting with the understanding that the e-mail with the documents would be sent immediately, with Ms. Perez stating "I'm going to do that right now." • The documents you were asking for were to allow you and your family to prepare for the upcoming Code Enforcement Board hearing on May 24, 2012 and to determine whether you can proceed with a petition to the Board of County Commissioners now or after that date. • At the conclusion of the meeting, you left your cell phone number, land line number to the preserve and your e-mail address for follow up. • You indicated that you thought the meeting with Ms. Perez and Ms. Flagg was very productive and positive, but afterwards,you were very let down at the lack of the response, given it was your understanding that they would reply immediately. • You did not get any documents yesterday, 5/14/12 at all, and did not receive a phone call either on your cell phone or land line explaining why the records were not sent to you. 2 • You called the Code Enforcement Office this morning, the first time around 8:30am, and again 45 minutes later to follow up. • The explanation you received for not getting the documents was system errors, and that the computers had been down much of the day yesterday, with technical support being on site to try to correct the problem. • You did receive all the documents you requested yesterday, today, via e-mail from Cristina Perez. • In resolution of your complaint, you wanted to be sure that the two individuals listed above knew of your concerns and to emphasize to them that it is critical to follow up with their customers as they have indicated they would. To the best of my knowledge, and in the research I have done this afternoon, the County does not have a formal document on which to file a complaint. However, this e-mail will serve to document our discussion, which I will share with the appropriate individuals once I receive your reply. Kind Regards— .Amy l yherg, SPHR Director, Human Resources Collier County Board of County Commissioners 3303 Tamiami Trail East Naples, Florida 34112 Phone: 239-252-8460 Fax: 239-252-8996 no 3 YALE T. FREEMAN RA. ATTORNEY AT LAW STRATEGY-STREN_GTH•SOLUTIONS ytjreeman1au.cam May 23, 2012 Collier County Code Enforcement 2800 Horseshoe Drive North Naples, Florida 34104 Re: Gracelyn Mostaccio Rue— Public Records Request Dear Sir/Madam: This correspondence constitutes a Public Records Request pursuant to Florida Statute Section 119.01 et seq., for inspection and copying of the following: Any and all documents in possession of Collier County Code Enforcement pertaining to Gracelyn Mostaccio Rue, Kowiachobee Animal Preserve, 2861 4th Avenue, S.E., Naples, Florida 34117, Golden Gate Est Unit 81 W 150FT of TR 60, THE W 75FT of The F 180FT of TR 60, and the E 105FT of TR 60, and those events pertaining to Enforcement Code Case No. CELU20110011262. For purposes of this public records request, the following definition of "documents" applies; The term "document" when used herein, means all originals of any nature whatsoever, identical copies, and all non-identical copies thereof, pertaining to any medium upon which intelligence or information is recoded in your possession, custody, or control regardless of where located; including without limiting the generality of the foregoing, punch cards, printout sheets, movie film, slides, phonograph records, photographs, notes, letters, memoranda, ledgers, worksheets, books of account, brochures, circulars, proofs, sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and computer produced interpretations thereof, instructions, announcements, schedules, price lists, and mechanical or electrical sound recordings and transcripts thereof. In all cases, where originals and/or non-identical copies are not available, document also means identical copies of original documents and copies of non-identical copies. NAPLES i FT. MYERS: 7400 TAMIAMI TRAIL NORTH, SUITE 101, NAPLES, FL 34108 p [239] 530 2500 f[239] 431 6028 MIAMI: 866 SOUTH DIXIE HIGHWAY. ('ORAL GABI Fc FI ' 71 Al] E, Page Two Collier County Code Enforcement May 23, 2012 If exemption is claimed pursuant to the inspection, examination and duplication of the public records, pursuant to the provisions of Chapter 119 of the Florida Statutes, please state in writing the basis of the exemption created or afforded by statute and state with particularity the reasons for your conclusions that the record is exempt. • - -ly, YA ' T. FREEMAN YTF/mm cc Ari Good, Esq. YALE T. FREEMAN RA. ATTORNEY AT LAW STRATEGY•STRENGTH SOLUTIONS May 23, 2012 tfreennanla,t.com Collier County Secretary Collier County Code Enforcement Board 2800 Horseshoe Drive North Naples, Florida 34104 Re: Gracelyn Mostaccio Rue— Public Records Request Dear Secretary: This correspondence constitutes a Public Records Request pursuant to Florida Statute Section 119.01 et seq., for inspection and copying of the following: Any and all documents in possession of Collier County Code Enforcement Board pertaining to Gracelyn Mostaccio Rue, Kowiachobee Animal Preserve, 2861 4th Avenue, S.E., Naples, Florida 34117, Golden Gate Est Unit 81 W 150FT of TR 60, THE W 75FT of The F 180FT of TR 60, and the E 105FT of TR 60, and those events pertaining to Enforcement Code Case No. CELU20110011262. For purposes of this public records request, the following definition of "documents" applies; The term "document" when used herein, means all originals of any nature whatsoever, identical copies, and all non-identical copies thereof, pertaining to any medium upon which intelligence or information is recoded in your possession, custody, or control regardless of where located; including without limiting the generality of the foregoing, punch cards, printout sheets, movie film, slides, phonograph records, photographs, notes, letters, memoranda, ledgers, worksheets, books of account, brochures, circulars, proofs, sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and computer produced interpretations thereof, instructions, announcements, schedules, price lists, and mechanical or electrical sound recordings and transcripts thereof. In all cases, where originals and/or non-identical copies are not available, document also means identical copies of original documents and copies of non-identical copies. NAPLES FT. MYERS 7400 TAMIAMI TRAIL NORTH, SUITE 101. NAPLES, FL 34108 p 1239) 530 2500 f 1239] 431 6028 MIAMI: 866 SOIIIH DIXIE HIGHWAA ('ORA1 CART FS: Ff ;;iet; I, I7n.1 = c,• Page Two Collier County Code Enforcement Board May 23, 2012 If exemption is claimed pursuant to the inspection, examination and duplication of the public records, pursuant to the provisions of Chapter 119 of the Florida Statutes, please state in writing the basis of the exemption created or afforded by statute and state with particularity the reasons for your conclusions that the record is exempt. 00-rely, • YAL: T. FREEMAN YTF/mm cc Ari Good, Esq. YALE T. FREEMAN RA. o ATTORNEY AT LAW STRATEGY*STRENGTH•SOLUTIONS ; emanio E.corn May 23, 2012 Collier County Property Appraiser 2800 Horseshoe Drive North Naples, Florida 34104 Re: Gracelyn Mostaccio Rue — Public Records Request Dear Sir: This correspondence constitutes a Public Records Request pursuant to Florida Statute Section 119.01 et seq., for inspection and copying of the following: Any and all documents in possession of Collier County Property Appraiser pertaining to Gracelyn Mostaccio Rue, Kowiachobee Animal Preserve, 2861 4th Avenue, S.E., Naples, Florida 34117, Golden Gate Est Unit 81 W 150FT of TR 60, THE W 75FT of The F 180FT of TR 60, and the E 105FT of TR 60, and those events pertaining to Enforcement Code Case No. CELU20110011262. For purposes of this public records request, the following definition of "documents" applies; The term "document" when used herein, means all originals of any nature whatsoever, identical copies, and all non-identical copies thereof, pertaining to any medium upon which intelligence or information is recoded in your possession, custody, or control regardless of where located; including without limiting the generality of the foregoing, punch cards, printout sheets, movie film, slides, phonograph records, photographs, notes, letters, memoranda, ledgers, worksheets, books of account, brochures, circulars, proofs, sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and computer produced interpretations thereof, instructions, announcements, schedules, price lists, and mechanical or electrical sound recordings and transcripts thereof. In all cases, where originals and/or non-identical copies are not available, document also means identical copies of original documents and copies of non-identical copies. NAPLES ? IT MY`ERS: 7400 TAMIAMT TRAIL NORTH, SUITE 101, NAPLES, FL 34108 p [239] 530 2500 f[239] 431 6028 111 1T4. RCL Leli1"T•I.4 nrvTB vT( 14UTAV ['(\D Ai nA Or ■ Page Two Collier County Property Appraiser May 23, 2012 If exemption is claimed pursuant to the inspection, examination and duplication of the public records, pursuant to the provisions of Chapter 119 of the Florida Statutes, please state in writing the basis of the exemption created or afforded by statute and state with particularity the reasons for your conclusions that the record is exempt. � I , ALE FREEMAN YTF/mm cc Ari Good, Esq. YALE T. FREEMAN RA. • ATTORNEY AT LAW ®.. STRATEGY:.STRENGTH.SO LUTIONS May 23, 2012 ytirPernnnlcl_c;.corn Collier County Public Utilities Division 3301 E. Tamiami Trail Naples, FL 34112 Re: Gracelyn Mostaccio Rue — Public Records Request Dear Sir: This correspondence constitutes a Public Records Request pursuant to Florida Statute Section 119.01 et seq., for inspection and copying of the following: Any and all documents in possession of Collier County Public Utilities Division pertaining to Gracelyn Mostaccio Rue, Kowiachobee Animal Preserve, 2861 4th Avenue, S.E., Naples, Florida 34117, Golden Gate Est Unit 81 W 150FT of TR 60, THE W 75FT of The F 180FT of TR 60, and the E 105FT of TR 60, and those events pertaining to Enforcement Code Case No. CELU20110011262. For purposes of this public records request, the following definition of "documents" applies; The term "document" when used herein, means all originals of any nature whatsoever, identical copies, and all non-identical copies thereof, pertaining to any medium upon which intelligence or information is recoded in your possession, custody, or control regardless of where located; including without limiting the generality of the foregoing, punch cards, printout sheets, movie film, slides, phonograph records, photographs, notes, letters, memoranda, ledgers, worksheets, books of account, brochures, circulars, proofs, sheets, books, magazines, notebooks, diaries, calendars, appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of meetings of any kind, correspondence, telegrams, drafts, data processing discs or tapes, and computer produced interpretations thereof, instructions, announcements, schedules, price lists, and mechanical or electrical sound recordings and transcripts thereof. In all cases, where originals and/or non-identical copies are not available, document also means identical copies of original documents and copies of non-identical copies. NAPLES j FT. MYERS: 7400 TANIJAMJ TRAIL NORTH, SUITE 101, NAPLES, FL 34108 p [239] 530 2500 [239j 431 6028 MIAMI. 866 ‘,011TH HT(:HWAY ('ORAI. (SARI Fl Pr 771acc i. 1-=n_1 .. ., r. .. Page Two Collier County Public Utilities Division May 23, 2012 If exemption is claimed pursuant to the inspection, examination and duplication of the public records, pursuant to the provisions of Chapter 119 of the Florida Statutes, please state in writing the basis of the exemption created or afforded by statute and state with particularity the reasons for your conclusions that the record is exempt. We" TifFT. FREEMAN YTF/mm cc Ari Good, Esq. COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County,Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Revised 4/12/11 Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one(1)year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board,in the Collier County Commission Chambers or public venue as available. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three(3)members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)successive board meetings without a satisfactory excuse,he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 6. Quorum. A quorum of the Board shall consist of four(4)members and an Revised 4/12/11 affirmative vote of a majority of those present and voting shall be necessary to pass any motion adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Section 7. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 8. Records. All records of regular and special meetings or hearings shall be open to the public. Section 9. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended,and by the Rules and Regulations contained herein. Section 10. The Code Enforcement Board shall be governed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business 1. Roll Call , 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing D. Motion for Reduction/Abatement of Fines/Liens E. Motion for Imposition of Fines/Liens 5. Old Business 6. New Business Revised 4/12/11 7. Consent Agenda A. Request to Forward Cases to County Attorney's Office 8. Reports 9. Comments 10. Nett Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail,return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten(10)days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board,the supervisor of the Code Enforcement Investigator involved,and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s)to the Secretary of the Board for distribution to the Board Members at least fifteen(15)business days prior to the Board Revised 4/12/11 Hearing. In order to have the information submitted to the Board Members, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet, to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary to the Board,the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health,safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so,the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order,to be approved by the Board. c. The parties may stipulate to any facts,exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party,or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. Revised 6/23/09 5 ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes,administrative agency regulations,other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard may be the statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name,mailing address and physical residence. e. If the Respondent/alleged violator is not present and is represented by a person other than an attorney,the Respondent may submit a notarized letter to the Chair of the Board granting that individual permission to represent him/her at the hearing. The individual must also testify at the hearing, under oath, to represent the Respondent and capacity of their representation. f. Presentations of a case may be limited to twenty (20)minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required,he/she shall notify the Board Secretary prior to the scheduled hearing. The Board shall determine if additional time shall be allowed. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the Revised 6/23/09 6 • public hearing. Testimony may be limited to no more than five (5)minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any,the Board shall consider the following factors:(1)the gravity of the violation;(2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10)days. p. In the event the violation is a violation described in Section 162.06(4),Fla.Stat.,the Board shall notify the County Manager,which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten(10) days of the date the Order is received by the party, but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty (20)days from date of the mailing of the rehearing decision. Revised 6/23/09 7 4- r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or(2) Modify or reverse its prior Order, without receiving further evidence,providing that the change is based on a fording that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final.Order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines may be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent;(b)names of all owners of the property which is the subject of the violation;(c) physical address of subject property;(d)nature of violation;(e)description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abate,and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h)signature of Respondent; and(i)all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Motion for Reduction/Abatement of Fines,attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated and all operational costs and County Abatement costs, if applicable, have been paid or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon proper filing of a Motion,the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Board may consider the following factors; (a) the gravity of the violation; (b) actions taken by the Revised 6/23/09 8 a Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of 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. Section 4 The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules,where applicable. Section 5. The Board will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 6. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon Motion for Imposition of Fines being filed by the County,the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance,the amount of daily fines and the total amount of fine requested to be imposed,as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for Abatement/Reduction of Fines and any testimony in support thereof. Respondent may also, at the Revised 6/23/09 9 discretion of the Board,be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal,the County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In determining the amount of the fines, if any,the Board shall consider the following factors; (1)the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed One Thousand Dollars($1,000.00)for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the violation(s)has/have not been abated at the time of the hearing on the Motion for Imposition of Fines,the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order nay be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance,whichever comes first. After three(3)months from the filing of any such lien,which remains unpaid,the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty(20)years after the certified copy of an Order of Imposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien,the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. ARTICLE XII Miscellaneous Revised 6/23/09 10 Section 1. These Rules and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board,including alternates,provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s)applicable to the Code Enforcement Board,the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS,As Amended,ARE HEREBY APPROVED this day of , 2011. Revised 6/23/09 11 COLLIER COUNTY CODE ENFORCEMENT BOARD Kenneth Kelly, Chair James Lavinski Robert Kaufman,Vice-Chair Tony Marino Gerald Lefebvre Ronald Doino,Alternate Larry Dean • Lionel L'Esperance Revised 6/23/09 12 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDgLE N ilO d y NAME CBQOARD,COUNCIL, MMIS°IL C AUTHORITY,.OAR\IMMITTEE MAILING ADDRESS 4 I ' w/ n� THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON /vim'S vL �N to �" r WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑CITYNTY ❑OTHER LOCAL AGENCY cos fll< 4 NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VO E OCCURRED MY POSITION IS: ❑ ELECTIVE OINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 C APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. J� DISCLOSURE OF LOCAL OFFICER'S IN EREST I. 4,-47 • ' /h�C/J hereby disclose that on rz ,20 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, • inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 24-‘'—n-4— 5/1/A- Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Petitioner DEPT CASE NO. CELU20110011262 vs. Gracelyn Mostaccio Rue Respondent MOTION FOR CONTINUANCE NOW COMES Respondent, Gracelyn Mostaccio Rue, and respectfully requests a continuance of the public hearing before the Code Enforcement Board,currently scheduled for May 24, 2012 at 9:00 am, for the following reasons: (1) Respondent has retained legal counsel in the present matter and requires the opportunity to discuss the alleged violation the subject of the hearing with him. Counsel requires a reasonable opportunity to review the relevant facts and documentation in preparation for the hearing, consistent with Respondent's due process rights. (2) Respondent requests this continuance in good faith and not for the purpose of hindering or delaying the proceedings. Respondent has a documented ten-year history of prompt responsiveness and compliance with all federal, state and local laws and regulations, including the present,alleged violations. (3) Respondent wishes to use the additional time to facilitate further discussions with the Board of County Commissioners and its staff in an effort to resolve this matter to the parties' mutual benefit. WHEREFORE Respondent prays the Collier County Board of County Commissioners grant this Request for Continuance and reschedule the subject hearing not earlier than thirty (30)days from the presently scheduled date. Continued Next Page Respectfully Submitted, Ari Good,Esq. Yale Freeman, Esq. Good Attorneys At Law,PA 7400 Tamiami Trail North 7935 Airport Road North Suite 101 Naples, FL 34109 Naples,FL 34108 Co-Counsel for Respondent Co-Counsel for Respondent Date: 05/18/2012 Date: 05/18/2012 CERTIFICATE OF SERVICE Under penalties of perjury I hereby certify that I have provided a true and accurate copy of this Motion For Continuance via hand delivery on the Collier County Board of County Commissioners and the Collier County Code Enforcement Department at the addresses set forth below: Collier County Board of County Commissioners Collier County Code Enforcement Dept. Board of County Commissioners Attn: Secretary 3299 Tamiami Trail East, Suite 303 Horseshoe Drive N. Naples, FL 34112-5746 Naples,FL 34104 Ari Good, Esq. Good Attorneys At Law, FA 7935 Airper Road North Naples,FL 34109 Tel: 877.771.1131 Fax: 941.866.7601 Email: info @goodattorneysatiaw.com COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU201 10011262 Board of County Commissioners, Collier County, Florida Vs. Gracelyn Mostaccio Rue Violation of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) Patrick Baldwin, Code Enforcement Official Department Case No. CELU20110011262 DESCRIPTION OF VIOLATION: Kowiachobee Animal Preserve, Estates zoned property, advertising and allowing scheduled trips/tours for the public to view animals on an estates zoned property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Cease and desist all trips/tours from the general public to view the Kowiachobee Animal Preserve located on an Estates zoned property within days of this hearing or a fine of $ per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Gracelyn Mostaccio Rue Inv.Patrick Baldwin Department Case No CELU20110011262 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black&White 5 65 0.022 $1.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Addf Pages) 3 $8.50 $25.50 FOF Total $79.43 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Addf Pages) 1 $8.50 $0.00 r $0.00 IOF Total $0.00 Total Operational Costs $79.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120003266 COLLIER COUNTY, FLORIDA, Plaintiff, vs INTEGRITY FIRST CR SERVICES, Respondent(s) Leandro Feliz, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Interior Floor/Walls /Ceiling - Dwelling22- 231(12)(p) LOCATION OF VIOLATION: 2221 Golden Gate BLVD W SERVED: INTEGRITY FIRST CR SERVICES, Respondent Leandro Feliz, Registered Agent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pare un me)or entendimiento con las comunicaciones de este evenlo. For favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20120003266 Integrity First CR Services, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 Code of Laws and Ordinances. Chapter 22, Article VI, Section 22 -231 Subsections 9, 11, 12i, 12p, and 20 2. Description of Violation: Exposed wires, no smoke detectors, holes in ceiling and walls and broken windows. 3. Location /address where violation exists: 2221 Golden Gate Blvd. W. Naples FL., 34117 Folio #36912040009 4. Name and address of owner /person in charge of violation location: Integrity First CR Services, C/O R/A Leandro Feliz, 4100 Corporate Square, Naples FL. 34104 5. Date violation first observed: March 2, 2012 6. Date owner /person in charge given Notice of Violation: March 2, 2012 7. Date on /by which violation to be corrected: April 1, 2012 8. Date of re-inspection: April 11, 2012. 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 4th day of May, 2012� Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S orn to (or affirmed) and subscribed before this '7 day o 2012 by Christopher Ambach if ri ture of P otar�yPublic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification �ki113LEY G4PQlA Type of identifica ion produced 1t(3iARY PUBLIC STATE OF Fl_0R1C4_ Comm# DOW3881: *-,Expires 12/21/2Q i REV 8 -19 -11 Case Number: CEPM20120003266 Date: March 02, 2012 Investigator: Christopher Ambach Phone: 239- 252 -2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: INTEGRITY FIRST CR SERVICES 4100 CORPORATE SQUARE NAPLES, FL 34104- Registered Agent: Leandro Feliz 4100 Corporate Sguare #135 Naples Fl. 34104 Location: 2221 Golden Gate BLVD W Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 7 E 150FT OF TR 32 Folio: 36912040009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(9) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(11) ompliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(20) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(12)(1) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(12)(p) <No Extended Description Found> 9. Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall -type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation.: 11. Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation.: 20. Smoke detectors. All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act.: i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 onths, unless an extension is granted by code enforcement special master.: .2. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon.: Violation Status - Initial ,ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Exposed wires, no smoke detectors, holes in the ceiling and walls and broken windows. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct ON OR BEFORE: 04/0112012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVE.D BY: % 1 Investigator Signature Christopher Ambach INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report / Order to Correct Code of Laws and Ordinances Location:2221 Golden Gate BLVD W Date: March 02, 2012 Case #CEPM20120003266 Investigator: christopherambach Description Corrective Action Required Pass Fail Electric Lights /Outlets - Dwelling 9. Electric lights and outlets. Every dwelling unit shall be wired XXXXX for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall -type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. Electrical Systems - Dwelling 11. Electrical systems. All fixtures, convenience receptacles, XXXXX equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. Smoke Detectors - Dwelling 20. Smoke detectors. All dwelling units shall be equipped with XXXXX smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. Jindows /Exterior Doors - Dwelling i. Windows and exterior doors. Every window, exterior door, XXXXX shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. Interior Floor/Walls /Ceiling - 12. Exterior and interior structures of dwelling units. All the Dwelling following component of a dwelling unit shall be maintained in good condition. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. AFFIDAVIT OF MAILING Sec. 22 -231. Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1. SANITARY FACILITIES REQUIRED -- Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY -- Every dwelling, or dwelling unit, shall have connected.to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES -- Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES -- Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel -fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT -- every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES -- Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION -- Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM -- Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS -- Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall -type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS -- Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS -- All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS -- all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION -- The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS -- The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. C. ROOFS -- Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS /EGRESS -- Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress /egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS -- Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES -- Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE /GUARD RAILINGS -- Protective /guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS -- Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS -- Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH -- Window sashes shall be properly fitted and weather -tight within the window frame. k. HARDWARE - -Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS -- Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air - conditioning systems are not required to have screens on doors and windows. M. PROTECTIVE TREATMENT -- All exterior surfaces other than decay- resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE -- All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS -- Every interior door shall be properly fitted within its frame. P. INTERIOR FLOOR, WALLS AND CEILING -- Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS -- Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS -- Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT -- Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE -- all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION -- no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e., game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITIES -- all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. 19. SANITATION REQUIREMENTS -- a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. C. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20, SMOKE DETECTORS -- All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act. PARCEL NUMBER: 36912040009 QUITCLAIM DEED This Quitclaim Deed, made this 19th day of N o v e m b e r, 2011, between PE D RO L A R A, a single MAN, whose address is, 18425 Lee Road Fort Myers, Florida 33967 Grantor, to Integrity First Credit Services whose address is 4100 Corporate Square Naples, Florida 34104, Grantees. Witnesseth, that the Grantor, for and in consideration of the sum of ---- - - - - -- -TEN & NO /100 (S 10.00)--------- - - -- ---- DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns forever, the following described land, situate, lying and being in the County of COLLIER, State of Florida, to -wit: LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 7 E 150FT OF TR 32 To Have and to Hold the same appertaining, and all the estate, equity, for the use, benefit and pr In Witness Whereof, the Grantd Signed, sealed and delivered in o P�/I �� a�n �AY i'✓Kk-c. Witness #1 Signature tne.ss # 1. rtn Name Witness #2 Signat e Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER her ch d and Sal theta 1 roe ence: CZ ERR. .'ARA ;s there unto belonging or in anywise atsoever of Grantor, either in law or year first above written. 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Chris Ambach Department Case No CEPM20120003266 INVESTIGATIONS Hours Per Hour Total I $0.001 1 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 I $13.431 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total I $81.431 l IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 I $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Pa e Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 I $0.001 IOF Total I $0.001 Total Operational Costs $81.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20120003266 Board of County Commissioners, Collier County, Florida Vs. Integrity First CR Services Violation of Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article IV Property Maintenance Code, Section 22-231(9); Section 22-231(12)(i); Section22-231(12)(p) and Section 22-231(20) Christopher Ambach, Code Enforcement Official Department Case No. CEPM20120003266 DESCRIPTION OF VIOLATION: Exposed wiring, all smoke detectors missing, holes in ceiling and walls and broken windows. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County Boarding Certificate and securing the structure to required specifications within days of this hearing or a fine of $ per day will be imposed until the violation is abated 2. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections and Certificate of Completion/Occupancy for unpermitted alterations and repairs of unsecured openings, within days of this hearing or a fine of $ per day will be imposed until the violation is abated.. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confilli1 abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120003258 COLLIER COUNTY, FLORIDA, Plaintiff, vs. INTEGRITY FIRST CR SERVICES, Respondent(s) Leandro Feliz, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/2412012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION: 2221 Golden Gate BLVD W SERVED: INTEGRITY FIRST CR SERVICES, Respondent Leandro Feliz, Registered Agent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencie sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor, pars un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120003258 Integrity First CR Services, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 04 -41, as amended, Section 10.02.06 (13)(1)(a), 2007 Florida Building Code, Chapter 4, Section424.2.17 2. Description of Violation: Expired pool permit and no protective barrier around the pool. 3. Location/address where violation exists: 2221 Golden Gate Blvd. W. Naples FL., 34117 Folio # 36912040009 4. Name and address of owner /person in charge of violation location: Integrity First CR Services C/O Leandro Feliz 4100 Corporate Square #135, Naples FL. 34104 5. Date violation first observed: September 22, 2010 6. Date owner /person in charge given Notice of Violation: March 2, 2012 7. Date on/by which violation to be corrected: April 1, 2011 8. Date of re- inspection: April 11, 2012 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-d-public hearing. Dated this day of Ck c 2012 Christophe Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 8 -19 -11 orn to (or aff ed) and subscribed before this�day o��� Aty ignature of o iy public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identifcatipn roduced 1 31Z I. seu&3 I! 096£1'fi000 #wwoa SHIRLEY GAR-MAQb2 3O AWl"S NOTARY PUBLIC 01"I'OflCl Alit ON + STATE OF FLCRy `d5 A9191HU rs Comm# DDD8439 t_ "'kce t$��' Expires 12/21/20 i Case Number: CESD20120003258 Date: March 02, 2012 Investigator: Christopher Ambach Phone: 239 - 252 -2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: INTEGRITY FIRST CR SERVICES 4100 CORPORATE SQUARE NAPLES, FL 34104 - Registered Agent: Leandro Feliz 4100 Corporate Sguare # 135 Naples Fl. 34104 Location: 2221 Golden Gate BLVD W Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 7 E 150FT OF TR 32 Folio: 36912040009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Special Detailed Requirements Based on Use and Occupancy. 2007 Florida Building Code, Chapter 4, Section 424.2.17 fhe 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 : Residential swimming barrier requirement. Residential swimming pools shall comply with Sections 424.2.17.1 through 424.2.17.3. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Expired pool permit and no protective barrier around the pool. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must erect, fix, or repair an approved pool barrier to avoid safety concerns AND / OR Must apply for and obtain )plicable permits for a permanent pool enclosure and /or protective barrier and follow through to certificate of completion. ON OR BEFORE: 0410112012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up .to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVEDIY: InvAest gator Sa nature Christopher Ambach INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CESD20120003258 spondent(s): INTEGRITY FIRST CR SERVICES THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) XNotice of Violation : Notice of Hearing - Notice of' Hearin g /Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet _Other: I Christopher Ambach, Code Enforcement Official, hereby swear and affirm that I have personally p sted the above described document(s) for the above respondent(s) at 2221 Golden Gate BLVD W, on ' (Date), at ­(.Time), and at the Collier County Courthouse _ Immokalee Courthouse, gnature of Code Enforcement Official) Christopher Ambach .STATE OF FLORIDA COUNTY OF COLLIER Sworn to for affirmed) and subscribed b fore me this . day of 7P 04 �- 201:2 by Christopher Ambach (Name of person making statement)r (Signature of Notary Public) NOTAxip✓ LIC4TATEOFFLORIDA Kimberly Brander Commission #DM6130 `•.,itRY+- Expires SPP, 17, 2013 HOiTDED CO.;urc (Print, type or stamp Commissioned Name -of Notary :Public) Personally known Produced identification Type -of identification produced AFFIDAVIT OF MAILING 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 SUPERCEDWG 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 PROV1510NS, INCLUDING SEC. I -DI.D0 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC, 1.04.DO APPLICABILITY SEC_ 1.05.DO 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 B_ ONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 RESOURCE PROTECTION, INCLUDING SEC. 3.01-DO 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 SUBDfVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.00 OFF - STREET PARKING AND LOADING, SEC. 4.05.D0 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.Oo ACCESSORY USES AND STRUCTURES, SEC. - 5.04.00 TEMPORARY USESAND 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 5 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.D0 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.D0 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 8.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARIS, SEC, 6.05.0o.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. 8.0200 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. B.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 DEVELOPMENTAND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS. FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01 .00 GENERALLY, .SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC, 10.01.DD GENERALL=Y, SEC. 10.0200 APPLICATION REQUIREMENTS, SEC. 10.03.00 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 and permits, site development plan approvals, agricultural clearing permits, 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. 424.2.17.1 Outdoor swimming pools. Outdoor swimming pools shall be provided with a barrier complying with Sections 424.2.17.1.1 through 424.2.17.1.14. 424.2.17.1.1 The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade the barrier may be at ground level or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 424.2.17.1.2 The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier as herein described below. One end of a removable child barrier shall not be removable without the aid of tools. Openings in any barrier shall not allow passage of a 4 -inch diameter (102 mm) sphere. 424.2.17.1.3 Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonryjoints. 424.2.17.1.4 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 424.2.17.1.5 Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall not exceed 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches (44 mm) in width. 424.2.17.1.6 Maximum mesh size for chain link fences shall be a 21/4 inch (57 mm) square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 13/4 inches (44 mm). 424.2.17.1.7 Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 13/4 inches (44 mm). 424.2.17.1.8 Access gates, when provided, shall be self - closing and shall comply with the requirements of Sections 424.2.17.1.1 through 424.2.17.1.7 and shall be equipped with a self - latching locking device located on the pool side of the gate. Where the device release is located no less than 54 inches (1372 mm) from the bottom of the gate, the device, rg!l -ease mechanism may be located on either side of the gate and so placed that it cannot be reached by a young child over the top or through any opening or gap from the outside. Gates that provide access to the swimming pool must open outward away from PARCEL NUMBER: 36912040009 QUITCLAIM DEED Ti:is Quitclaim Deed, made this 19th day of November, 2011, between P E D RO L A R A, a single MAN, whose address is, 18425 Lee Road Fort Myers, Florida 33967 Grantor, to Integrity First Credit Services whose address is 4100 Corporate Square Naples, Florida 34104, Grantees. Witnesseth, that the Grantor, for and in consideration of the sum of--- - - - - -- --TEN & N0 /100 (510.00) -------------- ---- DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns forever, the following described land, situate, lying and being in the County of COLLIER, State of Florida, to -wit: LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 7 E 150FT OF TR 32 To Have and to Hold the same appertaining, and all the estate, equity, for the use, benefit and pi In Witness Whereof, the Signed, sealed and delivered in ,A("Inn Ci AYIJpv fitness #1 Signature # 1,T-r—Inrco Name Witness #2 C, i enaices there unto belonging or in anywise d c lai whatsoever of Grantor, either in law or e bAd and allthe j ' ECARA E CA year first above written. 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RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this Hearing or a fine of$ per day will be imposed until the violation is abated. 2. Must erect a permanent pool barrier approved by the Florida Building Code, obtain all required Collier County Building permit(s), inspections and a Certificate of Completion/Occupancy within days of this hearing or a fine of per day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Integrity First CR Services Inv. Chris Ambach Department Case No CESD20120003258 INVESTIGATIONS Hours Per Hour Total $0.00 1 FINDING OF FACT HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Add!Pages) 3 $8.50 $25.50 FOF Total $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120001592 COLLIER COUNTY, FLORIDA, Plaintiff, vs THU -NHUT NGUYEN, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Windows /Exterior Doors - Dweliing22- 231(12)(i) LOCATION OF VIOLATION: 480 8th ST NE SERVED: THU -NHUT, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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)7748800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Serviaos the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AvBtisman —Tout odisyon yo f8t an ang18. Nou pan gin moun you fA tradiksyon. Si ou pa paI6 angle tanpri vini avek yon intAprbt you pa16 you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 'OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20120001592 Thu -Nhut Nguyen, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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 Code of Laws and Ordinances, Chapter 22, Article Vl, Sections 22- 242 and 22- 231(12)(i) 2. Description of Violation: Unsecured home on Estates zoned property. 3. Location/address where violation exists: 480 8th St N.E., Naples, FL 34120 Folio: 39260480004 4. Name and address of owner /person in charge of violation location: Thu -Nhut Nguyen, 13342 Lucille St., Garden Grove, CA 92844 5. Date violation first observed: February 2, 2012 6. Date owner /person in charge given Notice of Violation: February 8, 2012 7. Date on/by which violation to be corrected: March 5, 2012 8. Date of re- inspection: March 30, 2012 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. REV 1-4 -12 Dated this day of April, 2012. Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER D S rn to (or rmed) a subscribed before this (�Lday of April, 2012 by (Signature of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally know or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA " Colleen Crawley i . Commission # EE129317 '• �?.I Expires: JUNE 07, 2014 BONDFJE) nMU ATLANTIC BONDING CO., INC. Case Number: CEPM20120001592 Date: February 08, 2012 Investigator: Patrick Baldwin Phone: 239 - 252 -5756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NGUYEN, THU -NHUT 13342 LUCILLE ST GARDEN GROVE , CA 92844- Location: 480 8th ST NE Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 49 S 165FT OF TR 10 Folio: 39260480004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22 -242 Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(12)(1) It is declared unlawful and a public nuisance for any owner of any property in the county to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this article.: i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with ickable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for fight and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unsecured home on estates zoned property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy /completion as identified on the Property Maintenance Inspection Report / Order to Correct. OR obtain all required permits to demolish said building. AND must complete and submit the required application for boarding certificate to include a property maintenance plan. 2. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct ON OR BEFORE: 03/05/2012 allure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: J �111- investigator Signature Patrick Baldwin INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CEPM20120001592 espondent(s): NGUYEN, THU -NHUT THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 480 8th ST NE , on 2 -8 -2012 (Date), at (Time), and at the _X_Collier County Courthouse _ Immokalee Courthouse. Sig ure of Code Enforcemen icial) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _8th day of Patrick Baldwin (Name of person (Print, type or stamp Commissioned Name of Notary Public) 10TARYPUBLIGSTATE n ^ ^ ?DA Colle- x Personally known ,°�9jd'l,: EX� ' 317 �oxnt 1014 TI?FtC'..�L:'.;'fii Co., INC, Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEPM20120001592 )spondent(s): ASE# 20120001592 PB -23 NOV NGUYEN, THU -NHUT 13342 LUCILLE ST GARDEN GROVE, CA 92844 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 13342 LUCILLE ST GARDEN GROVE .CA 92844, on 21912012. (Signature of Code Enf en Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( r affirmed) and subscribed before me this — 23EV day of FEBRUARY , 2012 by Kimberly Brandes (Name of person making.statement) A L -- I , tf- (5i&ature of NotaryjPublic) NOT ,PUBLIC J1 STATE OF FLORIDA conmW 000943"0 s,.. Emires 12/2121111 (Print, type or stamp Commissioned Name of Notary Public) XPersonally known °roduced identification Type of identification produced Collier County Code of Laws and Ordinances Sec. 22 -231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. i. WINDOWS AND EXTERIOR DOORS — Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. Sec. 22 -242 Nuisance Specified It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. %1vrv-) ay.vv RECORDING REQUESTED BY: PHU NGUYEN. 13342 LUCILLE STREET GARDEN GROVE, CA 92844 GRANT DEED This GRANT DEED, made this 15 w day of August, 2010, by and between YEN MY NGUYEN, a married person, and Thanh Quang Nguyen, a single pers , erefna# Kjointly referred to as Grantors, and Thu- - Nhut Nguyen, a single person, hereinafter c 11C s¢Lr�:r Witnesseth, that said Grantors, for Pnd i consideration of the sum ten ollars ($10.00) paid by Grantee and other valuable consid1 s, > ce' is ack w!e ged, hereby GRANT, BARGAIN, AND CONVEY to the �aid)brantee, , the foll wing d cribed land ( "Property") in the County of Collier, State of Florida to }t''� t f feet of Tr c Ti E TE l NIT 49, according to The South 165 Q,I.� � g the Plat thereof, recorded i` t ook 5,Sge0— 81,7 �/F is records of Collier County, Florida, rT and to hold title and ownership to sai _ rty in Tenants -in -Co ,6.a follows: 50% be vested to Yen My Nguye tb eparate property; 25% be vested to Thanh Quang Ngu L-- in lee- , as his separate property; and 25% be vested to Thu -Nhut Nguyen, a single person, as her separate property Together with all the tenements, hereditaments and appurtenances thereto. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year shown in the acknowledgment below: Dated of signing: August 15, 2010 Yen My Nguyen (Grantor) GRANT DEED - PAGE 1 OF 2 Dated of signing: August 15, 2010 Quang Nguyen (Grantor) Signed, sealed and delivered in our presence: Witness Name: 0 6 v71 %0 r Witness Name: Lto C�-uT-cj L'-i State of C� County of O TZA �JU i The foregoing instrument ' a, by YEN MY NGUYEN and THAN if�Q G�IE� co JOE P. TRAN o COMM. #1667254 (j NOTARY PUBLIC . CALIFORNIA Q ORANGE COUNTY n COW EXPIRES SEPT. 9, 2010 GRANT DEED • PAGE 2 OF 2 P 1 day of S 2010, � n wn to me or h e produced as identifications. Notary Pub Printed Name: TU e AIL -tl Commission Number: 16 'F� 7 z, L}- My Commission expires: 0) q — d q 20 ! 0 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20120001592 Board of County Commissioners, Collier County, Florida Vs. Thu-Nhut Nguyen Violation of Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22- 242 and Section 22-231(12)(i) , Code Enforcement Official Department Case No. CEPM20120001592 DESCRIPTION OF VIOLATION: Unsecured home on estates zoned property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining a Collier County Boarding Certificate, providing a detailed plan for rehabilitation or demolition and completing the boarding within days of this hearing or a fine of$ per day will be imposed until the violation is abated AND 2. Obtaining all required Collier County Building Permit(s) to repair all unsecured openings or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confiliu abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Thu-Nhut Nguyen Inv. Patrick Baldwin Department Case No CEPM20120001592 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120000069 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HENRY ROUZIER JESSICA E LOPEZ, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05124/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4807 Myers RD SERVED: HENRY ROUZIER JESSICA E LOPEZ, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 -6800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avbbsman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa paid angle tanpri vini avek yon intepret you pales you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120000069 Henry Rouzier & Jessica E Lopez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: A mobile home installed without first obtaining the authorization of the required permits(s), inspections and certificate(s) of occupancy as required by this code. 3. Location/address where violation exists: 4807 Myers, Rd, Immokalee, Fl 34142 (Folio # 54680007). 4. Name and address of owner /person in charge of violation location: Henry Rouzier & Jessica E Lopez, 4807 Myers Rd, Immokalee, F134142. 5. Date violation first observed: January 4", 2012. 6. Date owner /person in charge given Notice of Violation: January 23`d, 2012. 7. Date on/by which violation to be corrected: February 12th, 2012. 8. Date of re- inspection: February 29th, 2012. 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 12t' day of April, 2012 Maria Rodriguez j Code Enforcement Investigator - STATE OF FLORIDA - -- COUNTY OF COLLIER- Sworn to. �affiiimed) nd subsc ribed before this_day of " 2012 byNOTARY PLTBLIGSTATE OF FLORIDA Kitchen, T. Snow ` rnrnrnjcqjon tt DD929983 (S_i nature/of Notary Public) _ (Print/T" t i`b 013 Name o� i��lfbTc soy 'Dttic co., rNC. Personally known V or produced identification Type of identification produced REV 1-4 -12 Case.Number: CESD20120000069 Date: January 13, 2012 Investigator: Maria Rodriguez Phone: 239 - 867 -4553 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HENRY, ROUZIER JESSICA E LOPEZ 4807 MYERS RD IMMOKALEE, FL 34142 Location: 4807 Myers RD Unincorporated Collier County Zoning Dist: A -MHO Property Legal Description: 36 46 28 UNRECORDED CHRISTIAN TERR LOT 10 DESC AS: COMM AT RE- ESTABLISHED 114 SEC CNR ON E LI SEC 36, S 88DEG W 1358.60 Folio: 54680007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) 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 : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A moblle home Installed without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by this Code . ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. OR apply for and obtain a Collier County Demolition Permit and remove said improvement including materials from property and restore to a permitted stated and cause inspection through and including certificate of occupancy /completion. ON OR BEFORE: 02/12/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation -emains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE /Vl , — i Investigator Signature Maria Rodriguez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Sign a itl of cipient Printed Name of Recipi nt i c'Ai Date C'Owl',V. FIOrida. Land Deveion�—nem �—'-'odn —HAPTEP 110 .. .......... 10.02.06 - Submittal Requirements for Permits Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. Relation to state and federal statutes. 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 I permits must - be secured from state I or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. 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. 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. 111) and the growth management plan. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building, or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For 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 I h 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 e ree ive a written order from . m .. a court or tribunal - burial of competent jurisdiction. -V,)- Prepared by: NAME James A. Devito, Esq. ADDRESS 9761 Sago Point Drive, Largo FL 33777 MEMBERS TITLE AGENCY, LLC 6809 E. HILLSBOROUGH AVE. TAMPA, FL 33610 Ss. General Warranty Deed (Corrective Deed) 4269262 OR; 4433 PG: 2440 RECORDED in OI?ICIAL RECORDS of COLLIER CODMTT, 11 03/09/2009 at 11:31AK DIIGBT 1. BEOCI, CL111 11C HE 16.50 DOC -.70 .70 Retn: KIKBIRS TITLE AGEMCT LLC 6809 1 BILLSBOROOGB AVE TAKPA FL 33610 Ar Made this" - , 3009 A.D. by AMOS L. MYERS and NELDA 1. MYERS, husband and wife, SELLER, whose address is 1306 Soots Peach St Immeklee, FL 34142, hereinafter called the grantor, to ROUZIER HENRY cad JESSICA E. LOPEZ, BUYER, whose post office address is 4907 Myers Rd, Immokahte, FL 34142 , hereinafter called the grantee: (Wh=cw reed has lie rare 'g.atar md'rm tee• ichde as the pntia a tie iamwrat ad the bees kph teprcKno iva ad wipe of idhid rh. and the taccmm cad r*0 of ) Wit1e1sed4 that the grantor, for and in consideration of the sum of Ten Dollars, (S 10.00) and other valuable considerations, receipt whereof is hereby admwMedged, hereby issues this Corrective Gc=W Warranty Deed to correct the legal description contan3ed in the Warnety Deed executed on February l 9, 2008, sod rocarde I in the Official Records of Collier County (OR 4332 PG 2820), and hereby grants, bargains, sells, micas, remises, reiea9es, coveys and confirms unto the grantee, all that certain land situate in County, Florida, ytz See Exhibit A Attached Parcel ID Number: 0DO546800007 Together with all the tenements, To Have and to Hold, the some in And the graatar hereby covenants with j lawdiid authority to sell and convey said land; that the Persons whomsoever; and that said land is five of all e yc tee that the grantor is hereby fully warrants boners except taxes arc Ia Witness Wber+eof, the said grantor has sa`p WX r1/ F—, nd in fee simple; that the grantor has good right and will defend the some against We lawful claims of all mber 31, 2006. 1*�ed these presets Ymd year fast above written CA • (se�l> Seller Attsaa Myna Adders: 1306 Sark Peach Sweet, hmahko, FL 34412 Stxl ) Address: 1306 Son& Pew* Stseek <eroka m FL 34142 The foregoing kar met was a edged are me this � day of 2W 7 . by Seller, who is/are pecsaoaily imawn to my or who has produced r10W S CysAt_ as identification MY COhiMISSION EXPIRES: (tw . 2 Zm% SEAL: NOTARY PUBLIC DEED hdividrl WearaW Deed - LAO an Face 00s Choice filzu bmlw-j Aam PRINT NAME �,.•'r'' ,..., ABDIEI DAVID MOXAM Y{: Notary Pubic - Stale of fbft ' Jdy Corratusslon Expires Jun 21.2009 �Z- ' Nor n "� Baidad Cwals m f DD 443236 By NabwW No" Am. filzu bmlw-j Aam PRINT NAME . * ** OR; 4433 PG; 2441 * ** Exhibit "A" Attachment L`YL77D TT u A " Starting at the re- established original Quarter Section comer on the East line of Section 36, Township 46 South, Range 28 East, marking the Southeast corner of the Northeast quarter of said Section 36, run along the center line of said Section 36, on a bearing of South 88 degrees 45 minutes West, a distance of 1358.60 feet; thence North 0 degrees 47 minutes and 15 seconds West a 0 4 eet to an intersection with the North boundary of the right-of- ways• North 269.20 feet, thence West 200 feet, to the Point of thence West • thence South 129.60 feet; thence East 100 feet; thence 129.60 feet; to the o' f Beginning all lying and being in Section 36, To�ns p — u - Raag�` 8 C(iJier County, Florida �° �( D 1�' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120000069 Henry Rouzier & Jessica E Lopez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Henry Rouzier, on behalf of himself and Jessica E Lopez 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 CESD20120000069 dated the 13th day of January, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 24th, 2012; 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 $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building Permit Or a Demolition Permit and request inspection to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated.. 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 and 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.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or '- e1tive (sign) Diane Flagg, Director Code Enforcement Department 25f j1 COA _ , . , _ . _. Respondent or Representative (print) Date C) 1 ddl Id' Date Henry Rouzier is deceased REV 1/4/12 05/14/2012 12:42 2395931169 PAGE 02/03 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff CASE: CEOCC20120002338 vs. Robert E. & Colleen Rossomando, Respondents MOTION FORA CONTINUANCE Now herein come respondents, by and through their counsel, and request a continuance of the above referenced matter, and as a a basis therefor state as follows: 1. Counsel for respondents will be out of state on a previously scheduled trip at the time of the hearing. 2. Respondent Robert Rossomando sod as to be abUe to attend the heaang 6, 2012, and will not be sufficiently recovered counsel requests a continuance of three weeks or as soon thereafter as this matter may be heard. Je ry S. Perlow 5425 Park Central Court Naples, Fl. 34109 Bar No. 354759 Tel. 239-514-2910 email:jef berlow @hotm[ail.GOm Fax: 239-593-1169 A Division of rueuc Moises Jacobs, M.D., FACS Jackson , Eddie Gomez,M.D.,FACS HEALTH SYSTEM MIAMI INTERNATIONAL SURGICAL SERVICES • May 16, 2012 Re: Robert Rossomando ` . C J ° C L )G/a/o cc To Whom It May Concern: Please excuse the above mentioned person from attending a Hearing in Collier County regarding his property. He will be undergoing a procedure and cannot attend. Mr. Rossomando needs to focus on his health at this time and will need to reschedule the hearing. Should you have any questions or concerns,please do not hesitate to contact our office at 305.256.5030. Thank you. Sincerely, f I • Ifro Dr. Moises Jacobs 9380 S.W. 150th Street • Suite 210 Miami, FL 33176 Phone: 305-256-5030 • Fax: 305-256-5324 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120000069 Board of County Commissioners, Collier County, Florida Vs. Henry Rouzier& Jessica E Lopez Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20120000069 DESCRIPTION OF VIOLATION: A mobile home installed without first obtaining the authorization of the required permits(s), inspections and certificate(s) of occupancy as required by Collier County Land Development Code. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Peimit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of$ per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Henry Rouzier & Jessica E. Lopez Inv. Maria Rodriguez Department Case No CESD20120000069 INVESTIGATIONS Hours Per Hour Total 1 $0.001 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 1 $12.291 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 3 $8.50 $25.50 FOF Total 1 $80.291 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black&White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 I $0.001 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 I $0.001 IOF Total 1 $0.001 Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007624 COLLIER COUNTY, FLORIDA, Plaintiff, vs H & ANA PEREZ HUAPILLA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 804 Jefferson AVE W Immokalee, FL SERVED: JUAN H & ANA PEREZ HUAPILLA, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the treduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con )as comunicaciones de este evento. For favor traiga su propio traductor. AvAtisman— Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20100007624 Juan H.& Ana Perez Huapilla, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: House that has addition attached to it. 3. Location/address where violation exists: 804 Jefferson Avenue W Immokalee FL, 34142. Folio 63854400000. 4. Name and address of owner /person in charge of violation location: Mr. Juan H Huapilla and Ana Perez 804 Jefferson Avenue W Immokalee FL 34142. 5. Date violation first observed: 08/27/2010. 6. Date owner /person in charge given Notice of Violation: 4/15/ 2011. 7. Date on/by which violation to be corrected: 5/08/2011. 8. Date of re- inspection: 1/18/2012. 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; 'inat 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 April, 2012 Weldon J Walk Code Enforce e Investigator STATE OF FLORIDA COUN7F,CO LIER // Sworn Ilo (or affirmed) and subscribed before this /day off "F'% 201 � 7vUWI PLBLIC -STATE OF FLORIDA `� 1�'itchell T. Snow iw, = C ,,..(S gnature of Notary Public) (Pr` Cmp�sg��i Personally known i-�or produced identification Type of identification produced REV 1-4 -12 Case Number: CESD20100007624 Date: April 8, 2011 Investigator: Weldon J Walker Jr. Phone: (239)252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HUAPILLA, JUAN H & ANA PEREZ 804 JEFFERSON AVE W Location: 804 Jefferson AVE W Immokalee, FL Unincorporated Collier County Zoning Dist: RSF -3 Property Legal Description: NEWMARKET SUBD BLK 14 LOT 8, LESS ELY 15FT Folio: 63854400000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 07-44, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On site observed house that has addition attached to it. Research reveals not permit acquired.. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. ON OR BEFORE: 05/08/2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE " � //1 // DIRECTED TO CODE ENFORCEMENT /� /r 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si gnat re Phone: 239 252 -5302 FAX: 239 252 -2343 Weldon J Wall J . Signature and Title of Recipient Printed Name of Recipient USPS - Track & Confirm iUNITEDSWES 2- POSTAL SERVICE, Wrack & Confirm Search Results Label/Receipt Number: 7010 1670 0000 1013 3886 Status: Delivered Your item was delivered at 9:12 am on April 15, 2011 in IMMOKALEE, FL 34142. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. : 1,3%; Rviurn to USPSxota Hoftyo:,�- ................ .. .......... ---- -- - I ................. - Sitr, NIai, Customer Service Forms Gov't Services Careers Copyright@; 2010 USPS, All Rights Reserved. No FEAR k.f E-70 F 0i i-, Privacy Pofic,,, G, Page I of I Home I Help I Sign In Track & Confirm FAQs - . --.1-1- ........ ... Track & Confirin Enter Label/Receipt Number. F- Terms of Use Business Customer Gatewav http://trkenfrmi.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 2/24/2012 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. 2. Relation to state and federal statutes. a. II 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. 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. 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. 111] and the growth management plan. B. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or 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 This Instrument Prepared by & return to: Name: Sharon Jackson Tradewinds 71de, Inc. Address: 904 Lee Bird, Sidte 106 Lehigh Acres, FL 33936 50947 Parcel LD. 63854400000 REC 10.50 DS 441.00 WTAL 451.50 2998080 OR: 3054 PG: 2778 RICOVID in 0111CIAL RICORDS of COLLIIR COUM, !L 0611212002 it 02:44PN DRIGIT 1. BROC1, CLIII CONS 63000, 00 RIC 111 10.50 DOC•.10 441.00 Reta: TRADIRIDS TITLI 904 111 BLVD ;106 LIIIGB ACUS ?133936 THIS WARRANTY DEED Made the _9th_ day of May A.D. _2002 , by LESLIE JEAN JOHNSON, a single person, hereinafter called the grantor, to JUAN H. HUAPILLA and ANA PEREZ HUAPILLA, husband and wife, whose post office address is 442 Woodberry Rd, Quincy, FL 32351, hereinafter called the grantees; - (Wherever Bred herein the , �� � a the ponies to this insna�t. u ss7 + river a ividwLar+►d the sacrrsso+s and skplarandplvmLthetr ij;' e assigns ojrnrPorotioRS, w! " , ,►Re cwatextso ada,ia o► r e7�u Witnesseth: That th grpn/-t/oic aand-in -caa�i erati of the sum of $10.00 and other valuable consideration, receipt W''Itere is e ckno led ed, does hereby grant, bargain, sell, alien, remise, release, conv�' a`°n n o " n t curtain land situate in Collier County, State of Florida, ry 1 Lot 8, Block 14, o C" ew Market Subdi ' ion, lm[nt�*ee, Collier County, Florida, as recorded 't Book 1► Pages 411 b Public Records of Collier County, Florida. and except: Fifteen ( ��e e east�`satd property Previously deed by said parties ofthe first partir add Deanna Raynor in Book 1822, Page 744, Collier County Records. SUBJECT TO TAXES FOR THE YEAR 2002 AND SUBSEQUENT YEARS, RESTRICTIONS, RESERVATIONS, COVENANTSAND EASEMENTSOFRECORD, IF ANY. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the-grantor hereby covenants with said grantees that she is lawfully seized of said land in fee simple, that she has good right and lawful authority to sell and convey said land and hereby fully warrants the title to said land and will defend the sae against the lawful claims of all persons ut whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. * ** OR: 3054 PG: 2779 In Whness Whereof, the said grantor has signed and sealed these presents, the day and year first above written. ^ Signed, sr�l�d and delivered 7'c pine of: Witness / J l v Ja i P Prin a of s 7W W' Witnes _ Patricia A. E Printed Nance of Witness Lefik Jean ,l w a Address: 130 W. Aveside be lie, CtewisMu, FL 33440 State of Florida County of Lee The foregoing instrument oSvlcdged before temre�ts^�� ;khnson, who is known to me or who j as pp duced drivers lice not} take an oath. / �`�"--- i`� i J A o Seal: a0. y co "� 4 =° 0 _May_, _2002 , by Leslie Jean -as identification anj wAo did (did -103 , . I at ' i • - ‘4L1 A.Dip. r. 41 1 V;ilk 1 ilth i ) 41164. ( p "1/4 Ilir f i . e . I 1 I ,.. 1 ...- , i .401r, , 111111=10, Av. .. - , - i alimmilop it - r ip AillP 1 4 1 t el . it rd. a A A * Ili , _ t w 0 r . 1 . 1 illillp 0 t ill' tr tr r si, ot 4111 tr. .," ilk 4 ,•-: • . •-e.• - f , 1) I vi i i k-si: tP p, 0, ii • .).' * ,.. o g * die . -.. 0 t.... vt stir" C) ". Vt■ "It ph.1% • . ... ,, 3u 4' .,.. 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I :•• 1 ',.. • I ' I • I te Vir;4, 1 1 ' sit\ t .i'i . 0 o , , , . 4 : )4,, go\ -v.A.u, ‘ • 1 . , 1 •- , . I .....•J.."' s - --"---" *'—•• i k • Sketch for Folio 63854400000 Page 1 of 1 Easy Sketch II III SP 40 C6L 300 20 , 3 151 g 5 38 a a + 9 4.4. 1 iN A; 16 1 ackce,i,/vrl 802 1).(i< q-D 22 16 6 15 16 IIII SP 40 96 Details: File:63854400000.xml Area Summary: Ce7d4 02$cri.puon Area Ad3. Area 1 + 1 Saw laving Area '402 302 • 0P 40 Screened Porch 401 SP 40 Screened Porch 400 300 120 OP 20 Open Porch 200 80 1279 976 Comments: http://www.collierappraiser.com/viewer/document.asp?Folio=63854400000&Doctype=Sk... 5/22/2012 Page 1 of 1 EasySketch II L SP 40 300 20 15 5� _. . 38 2 1 + 1 OP 802 24' 80 5 16 5 16 SP 40 96 Details: File: 63854400000.xm l Area Summary: Code Description Area Ad]. Area 1 ♦ 1 Base Living Area 802 802 SP 40 Screened Porch 40% 96 38 SP 40 Screened Porch 40% 300 120 CP 20 Open Porch 20% 80 16 1278 976 Comments: http://www.collierappraiser.com/viewer/image.asp?Folio=63 854400000&Doctype=Sketche... 5/8/2012 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20100007624 Board of County Commissioners, Collier County, Florida Vs. JUAN H HUAPILLA & ANA PEREZ HUAPILLA Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Weldon J Walker Jr., Code Enforcement Official Department Case No.CESD20100007624 DESCRIPTION OF VIOLATION: House that has addition attached to it. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the --` amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Peiuiit(s) or Demolition Peimit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confiiiii abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Juan H. & Ana Perez Huapilla Inv. Weldon Walker Department Case No CESD20100007624 I INVESTIGATIONS Hours Per Hour Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $12.29 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $80.29 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording(First Page) 1 $10.00 $0.00 Document Recording(Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 - Total Operational Costs $80.29 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEOCC20120002338 COLLIER COUNTY, FLORIDA, Plaintiff, vs Robert E & Colleen Rossomando, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/2412012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Local Business Tax Required126- 111(b) LOCATION OF VIOLATION: 4641 5th AVE NW SERVED: Robert E & Colleen Rossomando, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audience sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fet an angle. Nou pan gin moun you f2 tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pall you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Robert E. & Colleen Rossomando, Respondent(s) DEPT CASE NO. CEOCC20120002338 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, 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, 04 -41 as amended; Section 2.02.03. 2. Description of Violation: Operating an inn -type lodging business in an Estates zoned district. 3. Location /address where violation exists: 4641 5th Ave NW, Naples FL 34119. Folio #36661320009. 4. Name and address of owner /person in charge of violation location: Robert E. & Colleen Rossomando, 4641 5th Ave NW, Naples FL 34119. 5. Date violation first observed: 2/15/12 6. Date owner /person in charge given Notice of Violation: 3/9/12 7. Date on/by which violation to be corrected: 4/9/12 8. Date of re-inspection: 4/30/12 9. Results of Re- inspection: Non - compliant. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boa or a public hearing. Dated this � day of 2012 /Jeff Letourneau Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 1 -4 -12 1''??)m Sworn r affirmed) and subscribed before this /0 day ofA, 2012 by (Sig f Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Pers / ally known x or produced identification Type of identification produced NOTARY P','.__' ". $i.: 7E OF FLORIDA 7 E. Baker EE074994 �SE.P.17, 2012 BONDED TYRU :, 7 ^:N'DNG CO., INC. Case Number: CEOCC20120002338 Date: March 09, 2012 Investigator: Michele Mcgonagle Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Rossomando, Robert E & Colleen 4641 5th Ave NW Naples, FL 34119 Location: 4641 5th AVE NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 2 TR 22 Folio: 36661320009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126, Article IV, Section 126- 111(b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: Violation Status - Initial =SCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). . Id Witness: operating an inn -type lodging business in a residential area and operating a business without required zoning certificate and Collier County Business Tax License ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): cease operating the business and rental of rooms until obtaining any required zoning certificate and business tax receipt allowing such use. ON OR BEFORE: 04/912012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: !r+, Mv...rl n s Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient ", Z_k Ss 0-4,4 4r-k-i o Printed Name of Recipient 3 l g ( r-.. Date Collier County Land Development Code, 04 -41, as amended, 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 01788174 % FEB 10 AM 9: 17 COLLIER COUNTY RECORDED Prspand By Sw4ey X McDmW. Illy. 4099 Taniartll Trail Nodh 2x307 Napbs, Florida 37940 Retitrr, b: Tropical Tab Ins. Agency eeo 96, Seeel N. ♦3 Naples. Florida 37940 Property Identification Number 36881320069 Grarnor's Saosl Saw* Nurrber263.11 -9942 FiC l GrHnbe's Sold Seauity Nurllber: • Grentr,e'e SocJd Seamty Number. WARRANTY DEED 001913 001028 OR SOCK PAGE Return To Topical 71tle Ins. Agency, Inc. 660 9th St_ North, Suite 3 Naples, Florida 33944 -31-21V 3 �q� -111 _ (( f f4RUA/l / ED ��� --- THIS DE, made this -3RD day of Jantta y, 1994, between KURT IMTRONN, whose address is P.O. Boa 594, Vin& Del ]tar, Chili, Grantor, and ROBERT E.ROSSCWkNDO, a single man, and COLLMW DIXON, a single woman, as joint tenants with right of survivorship and not 5� as tenants in conman, whose address is 4 Fleetwood Drive, New. Fairfield, CT 06812, Grantees. WITH SETE, That said grantor, for and in consideration of $75,000.00 and other good and valuable consideration to said grantor in hand paid by the grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said grantees, and the grantees, heirs and the following described property located in CQ Z un y, qr, to wit: Tract 22, GOi,'I� -usT� n Nq:. 2, per plat thereof re s 1abk 4•, .k �, lic Records of Collier 0 Florida. �' Subject,.'' bents and restricC}as �b�on to the subdivisions � for 1994 and subsequent years; oil, gas and mineral relervatt'ous of record; and zoning, bui •ing code and other use restrictio" :1 W`"'6i"! y%gove+nmental auth or* . \ And E said 4raakar_,»does hef t "fthl�iy Karrant a ti't:.le to said land and wil] persons {xhatds Gr"torF 1 and thak sai z ev4, in macs awe on present , � pbed eR. �.E m� F.Fa above tl�t�esn-- �,,.,,..., Signed, e'd and Witnessedr, `ts in the Pa of: Ic =� Witness: R 3j2�E�1TL WORT NB Fact: 5*9Lh Iri to s: 1 c H t y- STATE OF FLORIDA COLLIER COUNTY of any his has,' caused these iy xoar first (SEAL) I certify that on this day, before me, an officer duly authorized in the state and in the county aforesaid to take a0mowledgments, personally appeared STANLEY A. MCDONALD, Attorney In Fact for Kurt Neunann, personally known to me, or who presented proper documents for identification, who did not take an oath, and who executed the foregoing instrument for the purposes therein expressed. Witness my hand and official seal in the county and state aforesaid this sttl day of 3aauan, 1994. (SEAL) r.• WreErlbrarwr.wd NOTARY PUBLIC x• r �d'� CWmr6dan7s Retel;ed SS�S/9LoCJ n[d1 r St'�p Td+� '' - •2gisJ-1s.1267 nec!'iv:` ^_ b -'1 /(, �... Js .. ,G'. .; •,'i ;!.1`, tit Bardad by HAl _NZ<%_ G.. �.. :jl'. : nnnMR 206-422 -s626 BY 7.C. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20120002338 Board of County Commissioners, Collier County, Florida Vs. Robert & Colleen Rossomando Violation of Ordinance/Section: The Collier County Land Development Code 04-41, as amended, Section 2.02.03. Jeff Letourneau, Code Enforcement Official Department Case No. CEOCC20120002338 DESCRIPTION OF VIOLATION: Operating an inn-type lodging business in an Estates zoned district. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Ceasing all unpeuuitted lodging activities (including advertising) associated with this Estates zoned property within days of this hearing, or a fine of will be imposed for each day the violation continues. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Robert E. & Colleen Rossomando Inv. Jeff Letourneau Department Case No CEOCC20120002338 INVESTIGATIONS Hours Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 6 78 0.022 $1.72 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $7.00 $7.00 $11.72 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total $79.72 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black &White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $79.72 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110000038 COLLIER COUNTY, FLORIDA, Plaintiff, vs OLGA CANOVA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05124/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 511 Jefferson AVE W Immokalee, FL SERVED: OLGA CANOVA, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110000038 Board of County Commissioners vs. Olga Canova & Rebecca M. Rios, Respondent(s) Violation(s): Ordinance 04 -41, The Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) Location: 511 Jefferson Avenue W. Immokalee, FL 34142 Folio # 63856880000 Description: Enclosed porch, additions and shed Past Order(s): On January 19, 2012 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 4760 PAGE 544, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between April 20, 2012 - May 24, 2012 (24 days) for the total of $4,800.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have not been paid Total Amount to date: $4,880.29 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20110000038 INSTR 4652678 OR 4760 PG 544 OLGA CANOVA AND REBECCA M. RIOS, RECORDED 1/31/2012 3:13 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 19, 2012, 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: That Olga Canova and Rebecca M. Rios 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. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 511 Jefferson Avenue W., Immokalee, FL, Folio 63856880000, more particularly described as New Market Subdivision Block 21, Lot 1, according to the Plat thereof recorded in Collier County, Florida is in violation of Ordinance 0441, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Enclosed porch, additions, and shed. 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 Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (April 19, 2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 19, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffi s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a -final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this �Lj"—day of,—Aa- , 2012 at Collier County, Florida. CODE ENFORCEMENT BQW COLLIER COUNT- Y;FLORIDA BY: — Kenneth Kelly, 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 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. ge 4 .•tpRY PUe•i KRISTINE TWENTE NOTARY PUBLIC Notary Public - State of Florida My commission expires: i • ; : My Comm. Expires Jun 18, 2015 Pte, Bonded Through Nato �I Notary Assn. CERTIFICATE OF SERVICE BY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Olga Canova and Rebecca M. Rios, 511 Jefferson Avenue W., Immokalee, FL 34142 this - - -^'�"' day of 2012. M. Jean;Rawson, Esq Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 ,,.ounzy of GOLLEE i HERE'11Y CERTIFY THAT this is a true ano -mi rect cc) -p'y, :Iat a cocument on the in SOard fraiiesE6s 'a d Recorns of Cotl_ler County Nl f`\ 5y n :dart qan ofiiciat seal this 3W1 T,E. MOCK, CLERK OF COURTS / COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs CANOVA, OLGA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110000038 BEFORE ME, the undersigned authority, personally appeared Weldon Walker, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on January 19, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to Obtain all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (April 19, 2012) or a fine of $200 per day for each day until the violation is abated and pay operational cost of $80.29 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4760 PG 544 . 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on [4/19/2012]. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtain all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (April 19, 2012) or a fine of $200 per day for each day until the violation is abated and pay operational cost of $80.29 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this [19th ] day of [April], 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOAR Weldon J W Code Enforc STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmpd)'�and subscribed before me this 19th day of April , 2012 by Weldon J Walker- Jr. (Signature o�Notary Public) � n_D*, TC•S'fA'fE 0F FLORIDA -viarga E Rl odriguez # E E0z 9566 Caffinussion J� .16, 2015 ' Expires: (Print/Type/Stamp Commissioned Nam o ry Public) BONDING CO., INC . naNDF n TEV tn"'MC Personally known CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006100 COLLIER COUNTY, FLORIDA, Plaintiff, vs HARRY E MONTZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2547 Barrett AVE Naples, FL SERVED: HARRY E MONTZ, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9 :00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 -6800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia We conducida en al idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio Iraductor, pare un major entendimiento con las comunicaciones deeste evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING _ CEB CASE NO. CESD20110006100 Board of County Commissioners vs. Harry E. Montz, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 2547 Barrett Avenue Naples, FL 34112 Folio # 81730640005 Description: Extension of roof over carport and front door area Past Order(s): On August 25, 2011 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 4718 PAGE 1677, for more information. An Extension of Time was granted on January 19, 2012. See the attached Order of the Board, OR 4760 PAGE 554, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between March 21, 2012 — May 24, 2012 (65 days) for the total of $13,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have been paid Total Amount to date: $13,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20110006100 HARRY E. MONTZ, INSTR 4652683 OR 4760 PG 554 RECORDED 1131/2012 3:13 PM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA / REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19, 2012, on the Respondent's Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 60 days (March 20, 2012 ). 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 2012 at Collier County, Florida. ' CODE ENFORCEMENT BOARD COLLIER COUNTY' —�--� BY: _`- 01, 0 ,—k00A Kenneih- KGlly;- Chair -,ou n b of W-1 LI ER 2800 North Horseshoe Drive Naples, Florida 34104 HERE ;' C RTIr , TNAT tats is a I've wo ;o� r e: c, y', of © cocument on file in =' r rEfd � ^oras of Co(!ler County MO Iran l In C1fflciel seal ttlis ¢+� i ^`V02, 'T tiLLR.R 01 COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of� , -(' 1 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Co 11 ier County, Florida, who is /personally known to me or who has produced a Florida Driver's License as identification. KRlSTiNE TWENTE F111".4a Notary PublicState of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2415 My commission expires: Commission # EE 87272 ` Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER ha been sent by U. S. Mail to Harry E. Montz, 4001 Santa Barbara Blvd., #137, Naples, FL 34104 this day of 1� 2012. 4M.. JeKRawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. HARRY E. MONTZ, Respondent CESD20110006100 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25, 2011, 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: That Harry E. Moritz 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2547 Barrett Avenue, Naples, FL 34112, Folio 81730640005, more particularly described as Lot 23, Block A, Whispering Pines, according to the plat thereof as recorded in Plat Book 4, Page 17, of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Extension of roof over carport and front door area. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.42.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 60 days (October 24, 2011). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 24, 2011, then there will be a fine of $200 per day for each day until the violation is abated. INSTR 4605814 OR 4718 PG 1677 RECORDED 9/13/2011 11:01 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 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 a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this . � r day of Cf � :%L • , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNLY-s17-LORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,_�l day of Cl�t�c. 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Count, Florida, who is / personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE 1PaY P�B�; Notary Public -State of Florida NOTARY PUBLIC •? My Comm. Expires Jun 18, 2015 My commission expires: Commission EE 87272 %F °; Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Harry E. Moritz, 4001 Santa Barbara Blvd., 4137, Naples, FL 34104 this c`Fay of �t� <.��; ��� 2011. M. Jeati-Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 Scat, G• �Vik.[Uk „tatknty of COLLIER --- - I H ERE Y. CE> tt 1-1 tee an* ;orrect cC 0 CJ i 'a t3t5cutrt 'ni ate lite In 3oard F diutes aftc'_ eca�crs .off C���Eet C�tYttiy ESS t -bv nan. -and- offiiclal seal this Vow c BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110006100 Harry E. Montz Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, AY-IMY L ii'n�z , 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 CESD20110006100 dated the 9th day of May, 2011. 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 Av.L oLS taUl` ; 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. Extension of roof over carport and front door area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits or demolition permit, their required inspections and a certificate of occupancy /completion within *5� days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. 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 and 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.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all cost abatement shall be a sessed to the property owner. ,ae Respondent or Represefive (sign) Diane Flagg, Director Code Enforcement Department -2 S-25-- H Respondent or Representative (print) Date -- zs'® -aDll Date REV 1/5/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Harry E. Montz, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.CESD20110006100 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 25"', 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4718 PG 1677. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on October 25th, 2011. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: obtain all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 60 days. FURTHER AFFIANT SAYETH NOT. DATED this 251h day of October, 2011. COUNTY, FLORIDA e Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw r to (or a ed) anj subscribed before me this 25`h day of October 2011 by Azure Botts. I W '�j I laL I (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � REV 1/5/11 " Colleen Crawley Commissian # EE129317 %;r'F?. ' Expires; JLNE 07, 2014 BMDED nMU ATLANTIC BONDING CO, INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs MONTZ, HARRY E, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110006100 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on August 25, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4718 PG 1677. Extension of Time was granted on January 19th, 2012, OR 4760 PG 554. 2. That the respondent did not contact the investigator. 3. That are-inspection was performed on March 21st, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: apply for and obtain all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion FURTHER AFFIANT SAYETH NOT. DATED this 21 st day of March, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEM NT BOARD re Botts ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER �" Sw rn to (or aff j ned) and s bscribed before me thin ! day of Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � �v�' 2012 by Azure Botts NOTARY PUBLIC•STA i ; OF FLORIDA Colleen Crawley Commissior, ,l 1:x'129317 Expires: . r; 07, 2014 BONDW THRU ATI.: N* :: c Co., INC, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20110006426 COLLIER COUNTY, FLORIDA, Plaintiff, vs CARLISLE/WILSON PLAZA LLC, Respondent(s) John P. White, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION: 50 Wilson BLVD S, Unit: 150 Wilson BLVD S Unit:1 Naples, FL SERVED: CARLISLE/WILSON PLAZA LLC, Respondent John P. White, Registered Agent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audienca sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, pars un mejor COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CES20110006426 Board of County Commissioners vs. Carlisle/ Wilson Plaza LLC., Respondent(s) Violation(s): Ordinance 04 -41, The Collier County Land Development Code, as amended, Sections 5.06.11(A)(1) and 5.06.07(A) Location: 50 Wilson Blvd. S Naples, FL Folio #37221120305 Description: Pole sign- Wilson Plaza, altered without required permit. Wall sign- Farmer Jack's Supermarket, altered without required permit Past Order(s): On January 19, 2012 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 4760 PAGE 546, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between February 19, 2012 — May 24, 2012 (96 days) for the total of $9,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $9,680.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CES20110006426 vs. INSTR 4652679 OR 4760 PG 546 CARLISLE /WILSON PLAZA, LLC. RECORDED 1/31/2012 3.13 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA / REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 19, 2012, 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: That Carlisle /Wilson Plaza LLC 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 50 Wilson Blvd. S., Naples, FL, Folio 37221120305, more particularly described as Portions of Tracts 17 and 18 GOLDEN GATE ESTATES, Unit No. 13, being more particularly identified in Exhibit "A" attached hereto is in violation of Ordinance 04 -41, the Collier County Land Development 'Code, as amended, sections 5.06.11(A)(1) and 5.06.07(A) in the following particulars: Pole sign — Wilson Plaza, altered without required permit. Wall sign — Farmer Jack's Supermarket, altered without required permit. • : • • :1�3.7:1i717 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 5.06.11(A)(1) and 5.06.07(A) be corrected in the following manner: 1. By obtaining all Collier County Permits and requesting all required inspections through certificate of occupancy /completion or by removing the sign including the sign supports and all elements associated with the sign within 30 days (February 18, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 18 2012, then there will be a fine of $100 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this � �) ' �, day of G..�"1 , 2012 at Collier County, Florida. S CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth - Kelly, 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 1wJ '1 2012, by Kenneth Kelly, 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 T4NENTE paY NOTARY PUBLIC Notary Public - State of Florida ;. a ; •e my Comm. Expires Jun 18, 2015 My commission expires: °a�= Commission t EE 87272 Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Carlisle/Wilson Plaza LLC, c/o John P. White PA, 1575 Pine Ridge Road, Ste. 10, Naples, FL 34109 this day of C. ,-� i— , 2012. _ M, Jeari Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34.013 aT 07 F Lr ;�:lUA (239) 263 -8206 r` Cif COLLIE=R .�-Vfnent oil flie in .' L . . ii(: lL`i, �s - .."7' of iotl-';,a Count-y y y s COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS CARLISLE /WILSON PLAZA LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CES20110006426 BEFORE ME, the undersigned authority, personally appeared James Seabasty, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 19, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all Collier County Permits and requesting all required inspections through certificate of occupancy /completion or by removing the sign including the sign supports and all elements associated with the sign within 30 days (February 18, 2012) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4760PG 546. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on February 21, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Defendant failed to obtain all required permits and inspections and certificate of occupancy /completion or remove signs and supports and all elements associated with the sign by February 18, 2012 as ordered by the Code Enforcement Board.Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of February, 2012. COLLIER COUNT ' FLORIDA CODE_ENFOReEMENT BOARD J am es'-S'e�rbasty Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 24th day of February , 2012 by James Seabasty O (Signature of Notary' Public) c �.bia o otir,osoTth� rzenGNo BOG `0£ :sa latdxg J, U � 69L9WHS }` otssrtnuToO = sum F za1 (Print/Type /Stamp Commissioned Name ofNotary Public) wiaou30ai'V13-0r`Tarld�2i�LON Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100003214 COLLIER COUNTY, FLORIDA, Plaintiff, vs MARVIN & DONNA SCHROEDER, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05124/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3801 21st AVE SW Naples, FL SERVED: MARVIN & DONNA SCHROEDER, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, Para un mejor entendimiento con las-comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100003214 Board of County Commissioners vs. Tommy Pickren, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 And Ordinance 04 -41 as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 3801 21" Avenue S.W. Naples, FL 34117 Folio #38050720001 Description: No Collier County permits for construction of two structures, appearing to be a garage and a barn. Past Order(s): On February 24, 2011 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 4656 PAGE 2345, for more information. An Extension of Time was granted on November 18, 2011. See the attached Order of the Board, OR 4744 PAGE 1091, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between April 16, 2012 — May 24, 2012 (39 days) for the total of $5,850.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have been paid Total Amount to date: $5,850.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. MARVIN AND DONNA SCHROEDER, Respondents CESD20100003214 INSTR 4635235 OR 4744 PG 1091 RECORDED 12/8/2011 3:29 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. 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 Extension of Time is GRANTED. The Respondents are granted an extension of time for 150 days (April 15, 2012). The Respondent is ordered to pay operational costs within 15 days (December 3, 2011). 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 2011 at Collier County, Florida. ,-,0UnTY of COLLIER i H E _F' Y CF ,RTI FY 'Tfl,A'6T this is ;a f.— G0CUrni nt o;-i' fj #e fit ward i ru? °s` hd e&qi s of Cokller a* aA '' � officlial ! this r , P TTZ BR Edit OF COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY-FLORIDA BY: Kenne elly, 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 X? 1 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is i personally known to me or who has produced a Florida Driver's License as identification. ti�aY a�B, KRISTINE TWENTE Notary Public - State of Florida My Comm. Expires Jun 18, 2015 Commission # EE 87272 TBanded Through National Notary Assn. % - I _ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marvin and Donna Schroeder, 3801 215` Avenue S.W., Naples, Florida 34117 this2-�7t`)day of , 2011. M � Jean/Rawson, Esq. v FloridaiBar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20100003214 MARVIN AND DONNA SCHROEDER, INSTR 4531294 OR 4656 PG 2345 RECORDED 3/212011 8:03 AM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 24, 2011, 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: That Marvin and Donna Schroeder 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. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3801 21St Avenue S.W., Naples, Florida 34117, Folio 38050720001, more particularly described as The East 180 feet of Tract 111, Unit No. 28, GOLDEN GATE ESTATES, according to the Plat Book 7, Page 19 and 20 of the Public Records of Collier County, Naples, Florida, is in violation of the Florida Building Code, 2007 Edition, Chapter I, Permits, Section 105.1 and Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) in the following particulars: No Collier County permits for construction of two structures, appearing to be a garage and a barn. 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 Florida Building Code, 2007 Edition, Chapter I, Permits, Section 105.1 and Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) be corrected in the following manner: 1. By applying for and obtaining any and all permits as required by Collier County for the described unpermitted structures or by obtaining demolition permits for. the removal of the unpermitted structures and requesting all required inspections through certificate of completion/occupancy within 270 days (November 21, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 21, 2011, then there will be a fine of $150.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN -OfUDA BY: Kenneth e y, 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 J 201 1, by-Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is II known I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail toMarvin and Donna Schroeder, 3801 2151 Avenue S.W., Naples, Florida 34117 this f � day of ti . 2011. M. Jea awson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 y � f-w iW A Naples, Florida 34013 ; oonty of COLULA (239) 263 -8206 HEREBY CERTIFY _THAT 09-4a ;�rrect co.ey �t a�ecuing�t� �a �tei�r. , ward alir��s,;��� �ecitr�s �t-I��.�+Ne►�: #1rwPSS r►w .., °� ant! v6fie sl aIdJa� 2... IQW E. Bt 4t,11C ![ personally to me or who has produced a Florida Driver's License as identification. OtPP �K hRISTINE HOLTOty NOTARY PUBLIC MY COMMISSION # DD 68E595 My commission expires: EXPIRES: June 18, 2011 •, or � ; ;,. Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS SCHROEDER, MARVIN & DONNA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20100003214 BEFORE ME, the undersigned authority, personally appeared Danny Condomina, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on February 24, 2011, 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 4656 PG 2345 . 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on April 16, 2012. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was.not in compliance with the following conditions: Applying for and obtaining any required permits from Collier County for described unpermitted structures or by obtaining demolition permits for removal of unpermitted structures and requesting all required inspections through certificate of completion/ occupancy FURTHER AFFIANT SAYETH NOT. DATED this 16th day of April, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER a to d (or affirmed) and su scribed before me this 1 U- day of kfN 2012 by Danny Condomina C (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � " " °- Colleen Crawley •-,;0Commission # EE129317 Expires: J12iE 07, 2014 BONDED THRU ATLANTIC BONDING CO., INC. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100003214 Board of County Commissioners vs. Marvin & Donna Schroeder,Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 And Ordinance 04-41 as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 3801 21st Avenue S.W. Naples, FL 34117 Folio # 38050720001 Description: No Collier County permits for construction of two structures, appearing to be a garage and a barn. Past Order(s): On February 24, 2011 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 4656 PAGE 2345, for more information. An Extension of Time was granted on November 18, 2011. See the attached Order of the Board, OR 4744 PAGE 1091, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between April 16, 2012—May 24, 2012 (39 days) for the total of$5,850.00. Fines continue to accrue. Order Item# 5 Operational Costs of$80.29 have been paid Total Amount to date: $5,850.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014953 COLLIER COUNTY, FLORIDA, Plaintiff, vs TOMMY PICKREN, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1072 N ALHAMBRA CIR SERVED: TOMMY PICKREN, Respondent Joseph Giannone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, Para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110014953 Board of County Commissioners vs. Tommy Pickren, Respondent(s) Violation(s): Ordinance 04 -41, as amended, The Collier County Land Development Code Section 10.02.06(B)(1)(a) Location: 1072 N. Alhambra Circle Naples, FL 34103 Folio # 63401440002 Description: An Unpermitted shed with utilities (plumbing) in the rear yard Past Order(s): On March 22, 2012 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 4784 PAGE 1837, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between April 22, 2012 — May 24, 2012 (33 days) for the total of $6,600.00. Fines continue to accrue. Order Item ;4 5 Operational Costs of $81.43 have not been paid Total Amount to date: $6,681.43 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. TOMMY PICKREN, Respondent CESD20110014953 INSTR 4679374 OR 4784 PG 1837 RECORDED 4/11/2012 3:51 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22, 2012, 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: That Tommy Pickren is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1072 N. Alhambra Circle, Naples, FL 34103, Folio 63401440002, more particularly described as Lot 3, Block 2, Naples Twin Lakes, according to the Plat thereof, as recorded in Plat Book 4 at Pages 35 and 36 of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) in the following particulars: An unpermitted shed with utilities (plumbing) in the rear yard. .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 Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 30 days (April 21, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by Apri121, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. - 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.43 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 day o6 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Ke e y, 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 n �, 2012, b Kenneth Kelly, Chair of the Code Enforcement Board of Collier Co ty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE OTARY PUBLIC Notary Public State of 8Florida y commission expires: my Comm. Expires Jun 16, , 2 2015 ,+ `o Commission # EE 87272 '� /9rF OF F�Gp`�' Bonded Throuoh National Notary PS C RTIFICATE OF SERVICE 111 /,�`. 'f"rffREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Tommy Pickren, 1072 N. Alhambra Circle, Naples, FL 34103 this y of f 12012. . Jean RavVs6n, Esq. Florida Bat No. 750311 700 Eleventh Street S., Ste. 102 Naples, Florida 34102 (239) 263 -8206 Y t# AIDA any of COLLIER HEREBY CERTIFY THAT` -dais iS 'e � ;correct copy;c t s aocutr►ent on fl in Board l�iinutes and; Recdr s Od Saltier COU* 'SS rrty ha t� sits! if'' "d e �tt6S :DWI HT E EA0 CLERK' )f COURU COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Tommy Pickren, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110014953 BEFORE ME, the undersigned authority, personally appeared Joseph Giannone , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22 "d, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4784 PG 1837. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on April 23rd, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Removal of a Shed with utilities. In the rear yard of the home located at 1072 North Alhambra Cir. Naples Fl. FURTHER AFFIANT SAYETH NOT. DATED this 1 st day of May, 2012. STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or a ed) and subscribed before me this ( ignature of Notary Public) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD (� Code Enforcement Official day of 2012 by,_y�GP� LZ-N C NOTARY PUBLIC -STATE OF FLORIDA : Coll _, Crawley (Print/Type /Stamp Commissioned j ► coln'ni:� ' # EE129317 Name of Notary Public) •. Expires: WE 07 2014 BONDBD TBRU ATL?N \TIC BONDING Co., INC. Personally known � REV 1/4/12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20100018316 COLLIER COUNTY, FLORIDA, Plaintiff, vs MICHAEL BONELLI, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Private Pool Maintenance - Dwelling22- 231(15) LOCATION OF VIOLATION: 935 Fountain RUN Naples, FL SERVED: MICHAEL BONELLI, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA 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 NOTIFICACION; Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con Ias comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20100018316 Board of County Commissioners vs. Michael Bonelli, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Building & Building Regulations Article VI, Section 22 -231, Subsection 15 Location: 935 Fountain Run Naples, FL 34119 Folio #33160001123 Description: Swimming pool that is not being maintained. Vacant home Past Order(s): On November 18, 2010 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 4629 PAGE 294, for more information. The property is in compliance with the Code Enforcement Board Orders as of January 4, 2011. The Fines and Costs to date are described as the following: Order Item # 1 & 3 Fines at a rate of $150.00 per day for the period between December 19, 2010 — January 4, 2011 (17 days) for the total of $2,550.00. Order Item # 7 Operational Costs of $80.57 have not been paid Total Amount to date: $2,630.57 The County recommends abatement of $2,550.00 in daily fines as case is in compliance and operational costs of $80.57 will be imposed as a Iien. INSTR 4501486 OR 4629 PG 294 RECORDED 12/2/2010 2:59 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CEPM20100018316 VS. MICHAEL BONELLI, Respondent co THIS CAUSE came on for public hiarin be&w:ezthe Boar tuber 120 0, and the Board, having heard testimony under oath, received evi en , an h and ct a to al a ro n to tters, thereupon issues its Findings of Fact, Conclusions of w, r ag r f a{{ r ov 1. That Michael Bonelli is t r u'c r VVVV� e'~- i 2. That the Code Enforceme, i, �d has jurisdiction of th ` rs p of h espondent and that the Respondent, having been duly notif d to appear at the pu " s 3. That the Respondent was notifi to of hearingg b I mail and by posting. 4. That the real property located at 935 ForKus; FL 34119, Folio 33160001123, more particularly described as Lot 9, Fountain Head, according to the plat thereof, recorded in Plat Book 24, Pages 22 through 24, inclusive, of the Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article VI, Section 22 -231, Subsection 15 in the following particulars: Swimming pool that is not being maintained. Vacant home. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter I62, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article VI, Section 22 -231, Subsection 15 be corrected in the following manner: 1. By chemically treating the pool water and killing the algae growth and maintaining the filtration system to keep the pool water clean and providing bi- weekly treatment within 30 days (December 18, 2010). 2. That, in the alternative, the Respondent may chemically treat the pool water, killing the algae growth and covering the pool using HUD standards and preventing the intrusion of rain water within 30 days (December 18, 2010. * ** OR 4629 PG 295 * ** 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 18, 2010, then there will be a fine of $150 per day for each day until the violation is abated. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by December 18, 2010, then there will be a fine of $150 per day for each day until the violation is abated 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 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 Aypea s - --T the Board's Order. DONE AND ORDERED this Florida. or[h or esi o Napl Flori 34 0< STATE OF FLORIDA ) �• )SS: i COUNTY OF COLLIER) County, The foregoing instrument was acknowledge'd:kef 2010, y Kenneth Kelly, Chair of the Code EnfoTCe Florida, who is personally known to me or who has produced a Florida Driver's License as identification, ; 1 "•' ig , KRISTINE HOLTON KV COKWISSION # DD 686595 EXPIRES: June 18,2011 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Michael Bonelli, 2437 E. Eric Dr., Wilmington, DE 19808 this-!day of )\�v\j � , 2010. TiR1R� .} ;�y�y it M. Jea wson, Esq. Florida Bar No. 750311 '�`il►'r/ Attorney for the Code Enforcement Board l HERESY CART- <!k�•�......: . C �-�.e w.�.�,. 2375 N. Tamiami Trail, Ste. 208 :OP�eCi CORY.'` Q!`O�i�i�i 3oard Minutes�,a ^!�'• Naples, Florida 34103 la��ESS; mq`,�jyd (239) 263 -8206 :0WjG 5RMjWiVL=F.j F Warnrr.r COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Michael Bonelli, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEPM20100018316 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: 1. That on November l8th, 2010, 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 4629 PG 294, et. seq. 2. That the respondent 01 contact the investigator. 3. That a re- inspection was performed on January 4`n, 2011. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by chemically treating the pool, draining the pool, and covering the pool to HUD standards. FURTHER AFFIANT SAYETH NOT. Dated Wednesday, January 5th, 2011. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD l Joe MiVeha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S to (or a ed) and subscribed before me this Wednesday, January 5th, 2011 by Joe Mucha. t ( ignature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known q Rev 1/512011 NOTARY PUBLIC -STATE OF FLORIDA Colleen Davidson • =Commission #DD998206 "•. Expires: JUNE 07, 2014 Bo�msu T3Ra ATLANTIC BONDING co, INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs Opera Naples, Inc, Respondent(s) Gerald Goldberg, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20100009135 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2408 Linwood AVE Unit:1 Naples, FL SERVED: Opera Naples, Inc, Respondent Gerald Goldberg, Registered Agent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA 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 NOTIFICACION: Este audiencia sera conducide en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pare un mejor COLLIER COUNTY CODE ENFORCEMENT BOARI} IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100009135 Board of County Commissioners vs. Opera Naples, Inc., Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 and Ordinance 04 -41, as amended, The Collier County Land Development Code, Section 10.02.06(B)(1)(a) Location: 2408 Linwood Avenue Naples, FL Folio #61631160002 Description: Alterations of building consisting of, but not limited to, electrical, adding and removing of interior walls, adding and widening of doors /jams without first obtaining required Collier County Building permits Past Order(s): On August 25, 2011 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 4718 PAGE 2022, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between February 22, 2012 — May 24, 2012 (93 days) for the total of $18,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have been paid Total Amount to date: $18,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. OPERA NAPLES, INC. Respondents CESD20100009135 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25, 2011, 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: That Opera Naples, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified appeared at the public hearing and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2408 Linwood Avenue, Naples, Florida, Folio 61631160002 more particularly described as Unit No. 1, 2, 3, 4, 5, 6, 7A, 7B, 7C, 7D, 7E, 7F, 7G, 714, 8, 12, 13, 14, 15, 17, 18, 19, 20, 21, and 22 of Linwood, a Condominium, according to the Declaration of Condominium recorded in O.R. Book 1066, Page 248, and all exhibits and amendments thereof, Public Records of Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Article II, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition; Chapter 1, Section 105. 1, and Ordinance, 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: Alterations of building consisting of, but not limited to, electrical, adding and removing of interior walls, adding and widening of doors /door jams without first obtaining required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Article Il, Section 22- 26(b)(104.5.1.4.4), Florida Building Code, 2007 Edition, Chapter 1, Section 105. 1, and Ordinance, 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (February 21, 2012). INSTR 4605968 OR 4718 PG 2022 RECORDED 9/1312011 2:09 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 21, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved parry may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 2011 at Collier County, Florida. U CODE ENFORCEMENT BOARD COLLIER COUNTY -FL ORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this >�1 day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. ,,•��+Y pu•• r,RfsT►eaE rluEftrE NOTARY PUBLIC �� tr`�s Notary public . State of Florida My commission expires: - ` a MY Comm. Expires Jun 18, 2015 / 9yFOFFI��` Cammission EE 87272 CERTIFICATE OF SERVICE Bonded Through National Notary Assn: I HEREBY CERTIFY that a'tnie and correct copy of this ORDER has been sent by U. S. Mail to Opera Naples, Inc., RA Gerald Goldberg, 1250 Gulfshore Blvd. S., Naples, Florida 34112 this 5d'ay of r 2011. of h�a n o, COLLIER rn :orrect co ( ri 3 Tlt -min '`'bn 6-pe :dti goard PMhut, rd. ecar s-:0 4.11f ty I Trv��$�,�fr1v, -)WIGHT E $R{2L -r-1. rrP t nc kvp. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Opera Naples Inc. Petitioner, Respondent(s), Case No. CESD20100009135 STIPULATION /AGREEMENT CONIES NOW the undersigned, behalf of himself or J VH a as representative 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 CESD20100009135 dated the 9th day of June, 2011. 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 �, �� �S'`�� J. ®L f ; 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. Alterations of building consisting of but not limited to; electrical, adding and removing of interior walls, adding and widening of doors /door jams without first obtaining required Collier County Building permits. iEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ �� ���' incurred in the prosecution of this case within 30 .days of this hearing. 2) Abate all violations by: The respondent must obtain all required building permits, inspections, and certificate of occupancy /completion within J1gD days of this hearing or a $200.00 per day fine will be imposed for each day the violations remain. ik�) 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 and 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.) 4) That if /tIjI e Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatements all be assessed to the property owner. r 7 ent or* Representative (sign) t p` Respondent or Representative (print) Date Alv Diand"Flagg, Director Code Enforcement Department Date REV 1/5/11 c) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Opera Naples, Inc, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20100009135 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 28, 2011, 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 4718 PG 2022. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on February 22nd, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: apply for and obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 17th day of April, 2012. COLLIER COUNTY, FLORIDA CODE ENFORC ENT BOARD Mich re avone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER l Sw rn to (or affi rmed) and su scribed before me this day of Pyf'1 I 2012 by Michelle Scavone (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � NOTARY PUBLIC•STATE OF FLORIDA Colei n Crawley Commiss,un # EE129317 Expires: Ji'NE 07, 2014 BONDBD THRU ATLANTIC BONDING CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090007697 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TIMOTHY BEEBE, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 0512412012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 245 22nd AVE NE Naples, FL SERVED: TIMOTHY BEEBE, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WfTH 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 COMM ISSIONERS'OFFICE NOTIFICACION Este audiencia sera oonducida an el Idioma Ingles. Servicios the traduccion no seren disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento can Ias comunicaciones de este evento. Par favor traiga su pronto traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090007697 Board of County Commissioners vs. Timothy Beebe, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended. Section 10.02.06(B)(1)(e)(i) and Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Collier County Code of Laws, Chapter 22, Article Il, Section 22- 26(b)(104.1.3.5) Location: 245 22'd Avenue N.E. Naples, FL 34120 Folio 4 37743840008 Description: Open sides with metal roofed type structure and attached deck/ dock with pilings, all built without Collier County permits. Past Order(s): On October 27, 2011 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 4734 PAGE 2823, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item 91 & 2 Fines at a rate of $150.00 per day for the period between April 26, 2012 — May 24, 2012 (29 days) for the total of 54,350.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.72 have been paid Total Amount to date: $4.350.00 INSTR 4624613 OR 4734 PG 2823 RECORDED 11/8/2011.3:40 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. TIMOTHY BEEBE, Respondent CESD20090007697 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 27, 2011, 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: That Timothy Beebe 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 245 22nd Avenue N.E., Naples, FL, Folio 37743840008, more particularly described as the East 180 feet of Tract 50, GOLDEN GATE ESTATES, Unit No. 23, according to the plat thereof.. as recorded in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida is in violation of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(e)(i) and Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Collier County Code of Laws, Chapter 22, Article 11, Section 22 -26(b) (104.1.3.5) in the following particulars: Open sides with metal roofed type structure and attached deck/dock with pilings, all built without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and 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 Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(e)(i) and Florida Building Code, 2004 Edition, Chapter 1, Section 105.1 and Collier County Code of Laws, Chapter 22, Article Il, Section 22 -26(b) (104.1.3.5) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 180 days (April 25, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 25, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of K � (' , 2011 at Collier County, Florida. CODE I� 2810 North F�e Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this c. day of 2011, by Robert Kaufman, Vice -Chair of the Code Enforcement Board of Collier County, Florida.. who is personally known tome or _�' who has produced a Florida Driver's License as identification. II; NOTARY PUBLIC arp . KRISTINE TWD8722 Notary Public - Stat My commission expires: My Comm. Expires J ?_ P`.� Commission E CERTIFICATE OF SERVICE .;�� f�d;.�` Bonded Through Nationa I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Timothy Beebe, 245 22nd Avenue N.E., Naples, FL 34120 this,_? ;_day of a. �;���_ J,�nii 2011. M. 3eari Rawson. Esq. Florida Bar No. 750311 stow a FLisift i Trail, Ste. 208 . �u � '��s, Florida 34013 • .. l� 263 -8206 I HEREBY CERTIFY THAT #6 it y %0 :orreCt. COPY Oi a„ OpCUli 9Aj (M 1� in 9aard Minutes--,,an, d ReCtltGS 01'GO4ier pp 5S my `" ;" 'vt� 1 th Gay ; t "WIGHT E. 4CLERK OPODUR S 8� _ BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Timothy Beebe Petitioner, Respondent(s), STIPULATION /AGREEMENT Case No. CESD20090007697 COMES NOW, the undersigned, e�r����° �� (��h on behalf of himself or-7,---/V'. 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 CESD20090007697 dated the 6th day of July, 2009 . 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 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 $81.72 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permits or Demolition. Permits, inspections and Certificate of Completion /Occupancy within days of this Hearing or a fine of $ per day will be imposed until the violation is abated. 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 and 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.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into mpiiance and may use the assistance of the Collier County Sheriff's Office to enforce the provisi of is agreement and all costs of abatement shall be assessed to the property Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs BEEBE, TIMOTHY, Defendant(s) AFFIDAVIT OF NON- COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090007697 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach. Code Enforcement Official for the Code Enforcement Board of Collier Count}, who after being fully sworn, deposes and says: That on September 22, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all requyired permits or demolition permit as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4734 PG 2823 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 4/26/2012. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to obtain all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections t'turough certificate of occupancy /completion within 180 days (April 25, 2012) or $150 per day will be imposed and pay opeartional cost of $81.72 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of May, 2012. COLLIER COUNTY, FLORIDA CODE - ENFORCEMENT BOARD Christopher Am6ach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affmr ''II d) and subscribed before me this ,5 day of %�/l(,1� 2012 by Christopher Ambach n oi[Notary Public (Print/Type /Stamp Commissioned Name of Notary Public) Personally known V' NOTARY PUBLIC a' STATE OF FLOFf ✓r` C-Omm# DD094 r . ° y,F t�v• 3cSC ^xtirWS 12/21/2. r`u CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110012249 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KENNETH T JENKINS & AUNDREA L JENKINS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 260 Weber BLVD S SERVED: KENNETH T JENKINS & AUNDREA L JENKINS, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON W TH 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 NOTIFICACION: Este audiencia sera conduoida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20110012249 Board of County Commissioners vs. Kenneth T. Jenkins & Aundrea L. Jenkins, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 260 Weber Blvd. S. Naples, FL 34117 Folio 436760921008 Description: Pool permit expired without receiving a Certificate of Completion/ Occupancy and no permits on file for the pool screen enclosure. Past Order(s): On January 19, 2012 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 4760 PAGE 632, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between March 21, 2012 — May 24, 2012 (65 days) for the total of $9,750.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $9,830.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KENNETH T. JENKINS AND AUNDREA L. JENKINS, Respondents CESD201 10012249 INSTR 4652712 OR 4760 PG 632 RECORDED 1/31/2012 3:27 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 19, 2012, 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: That Kenneth T. Jenkins and Aundrea L. Jenkins are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 260 Weber Blvd. S., Naples, FL, Folio 36760921008, more particularly described as The South '/2 of Tract 19, GOLDEN GATE ESTATES, UNIT NO. 4, according to the map or plat thereof, as recorded in Plat Book 4, Pages 79 and 80 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Pool permit expired without receiving a Certificate of Completion /Occupancy and no permits on file for the pool screen enclosure. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 60 days (March 20, 2012). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by March 20, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 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 , I day of c=tr > , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA„ BY: Kenneth Kelly, CIiaiF -- 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Q1—. The foregoing instrument was acknowledged before me this D day of � 2012, by Kenneth Kelly, 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 TWENTE PU. o ; Notary Public State of Florida My Comm. Expires Jun 18, 2015 4 Commission # EE 87272 O.Ft to'�� Bonded Tkmwoh National Notary Assn. i I t. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by- . S. Mail to Kenneth T. Jenkins and Aundrea L. Jenkins, 620 Weber Blvd. S., Naples, FL 34117 this -y S'day 2012. - M. Jean Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 Waut� a of GoLUER f HERE, F THAT this is 3 0-59d' G cocutT em 0- Mile In ACC l "6 LYC5 G5dirun" as of cotAlar County 4 this 1�1t�'�k #�c.,p "rrtoJ n "s i�Ql ;3s3c�� YI :� COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs JENKINS, KENNETH T AUNDREA L JENKINS, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110012249 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on January 19, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all required permits or demolition permits for the pool and pool screen enclosure as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4760 PG 632 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 3 -26 -2012. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtaining all required permits, inspections and a certificate of completion /occupancy or a demolition pen-nit, all inspections and a certificate of completion for the pool and the pool screen enclosure. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of March, 2012. COLLIER_COUNTY, FLORIDA CODS ENFORCEMENT BOARD ChrisCopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S orn to (or a1N ned) and subscribed before me thiaAay of ol") 2012 by Christopher Ambach (Signature of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � Colleen Crawley Commission # EE129317 JL`, iE 07, 2014 BONDED THRO :. I'1C RUSDC;G Co., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20110016570 COLLIER COUNTY, FLORIDA, Plaintiff, vs LONNY MOORE TR EST, MORRISON LIVING TRUST, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION: 120 7th ST SW SERVED: LONNY MOORE TR EST, MORRISON LIVING TRUST, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, Para un mejor entendimiento con [as comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEVR20110016570 Board of County Commissioners vs. Lonny Moore Tr. Est, Morrison Living Trust, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended, Section 3.05.08(C) Location: 1207 th Street S.W. Naples, FL 34117 Folio # 37161440006 Description: Presence of Collier County prohibited exotic vegetation including, but not limited to, Brazilian pepper. Past Order(s): On March 22, 2012 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 4784 PAGE 1839, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between April 22, 2012 — May 24, 2012 (33 days) for the total of $3,300.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $3,380.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CEVR20110016570 LONNY MOORE TR., EST., MORRISON INSTR 4679375 OR 4784 PG 1839 LIVING TRUST, RECORDED 4/11/2012 3:51 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22, 2012, 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: That Lonny Moore TR, Est, Morrison Living Trust is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 120 7h Street S.W., Naples, FL 34117, Folio 37161440006, more particularly described as the North 180 feet of Tract 20, GOLDEN GATE ESTATES, UNIT NO. 12 according to the Plat thereof, recorded in Plat Book 4, Pages 105 and 106, Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 3.05.08(C) in the following particulars: Presence of Collier County prohibited exotic vegetation including, but not limited to, Brazilian Pepper. 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 Ordinance 04-41, the Collier County Land Development Code, as amended Section 3.05.08(C) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 30 days (April 21, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 21, 2012, then there will be a fine of $100 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this `1 r day ofL , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY A BY: e elly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -I� day of Cu-kd, 202, -liy Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. r °av'a�� KRISTINE TWENTE�� Notary Public •State of Florida NOTARY PUBLIC '_; ; : • My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 9r p of n�,• Bonded Through National Notar Assn. y CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by, U. S. Mail to Lonny Moore TR: Est., Morrison Living Trust, 3919 th Street St. S.W., Naples, FL. 34117 this t !`G- ay of f J�Jv , 2012. M. Jean R✓w'son, Esq. Florida Bar No. 750311 Eleventh Street S., Ste. 102 �� v _ •Maples, Florida 34102 of COLUER � (239) 263 -8206 t HEREBY CERTIFY THAT JS 2 t*Ue OW ,orract Cony° st a o Yt ors Ella ire Board ;SjIrlutEs.a•ry hcoras ilec courh S$ r7v h ' 0 1pi r ,ii �tat This �W GHT E. E� G;K, CLERK 0 COURTS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs MOORE TR EST, LONNY MORRISON LIVING TRUST, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEVR20110016570 BEFORE ME, the undersigned authority, personally appeared David Jones, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22, 2012, 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 4784 PG 1839. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 4, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Removal of all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 4th day of May, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD David Jones Code Enfor ement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1�/ day of 2012 by David Jones (Signature of Not ublic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � INDIRA RAJAH * * MY COMMISSION # EE 126592 s T EXPIRES: December 7, 2015 ♦qTF OFF Bonded Thru Do* Notbry 4rmp CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110007333 COLLIER COUNTY, FLORIDA, Plaintiff, vs ERINELDO MOSQUERA & EDDY LUNAR, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1 [A] LOCATION OF VIOLATION: 4191 18th PL SW Naples, FL SERVED: ERINELDO MOSQUERA & EDDY LUNAR, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110007333 Board of County Commissioners vs. Erineldo Mosquera & Eddy Lunar, Respondent(s) Violation(s): Ordinance 04 -41, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 Location: 4191 18th Place S.W. Naples, FL 34116 Folio # 35766920004 Description: Permits 2004080292 (fence), 2004112551 (shed), 2006023718 (garage conversion), and 2006023732 (enclosed porch) that have all expired without completing all inspections and receiving certificate of completion/ occupancy Past Order(s): On September 22, 2011 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 4728 PAGE 875, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between March 21, 2012 — May 24, 2012 (65 days) for the total of $13,000.00. Fines continue to accrue Order Item # 7 Operational Costs of $80.00 have been paid Total Amount to date: $13,000.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ERINELDO MOSQUERA AND EDDY LUNAR, Respondents CESD20110007333 INSTR 4617041 OR 4728 PG 875 RECORDED 10/18/2011 9:57 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 22, 2011, 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: That Erineldo Mosquera and Eddy Lunar 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. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4191 186 Place S.W., Naples, FL, 34116, Folio 35766920004, more particularly described as Lot 1, BLOCK 48, GOLDEN GATE, UNIT NO. 2, according to the plat hereof recorded in Plat Book 5, Pages 65 through 77, inclusive, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Section 105.1 in the following particulars: Permits 2004080292 (fence), 2004112551 (shed), 2006023718 (garage conversion) and 2006023732 (enclosed porch) that have all expired without completing all inspections and receiving certificates of completion/occupancy. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Section 105.1be corrected in the following manner: 1. By vacating the garage and porch within seven (7) days (September 29, 2011). 2. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 180 days (March 20, 2012). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 29, 2011, then there will be a fine of $100 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by March 20, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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 - C day of C_� , 2011 at Collier County, Florida. 4 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, —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 ;) - 2011, by Kenneth Kelly, 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 TWENTE =o• �,��: Notary Public - State of Florida n = My Comm. Expires Jun 18, 2015 commission # EE 87272 ,�9�E Oi itC B n ,..,i Notary ass NOTARY PUBLIC My commission expires: TIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Erineldo Mosquera and Eddy Lunar, 4191 18"' Place S.W., Naples, FL, 34116 this 4ay of 2011. 0[ : `•�_._i M. `Jean(4wson, Esq. Florida Bar No. 750311 �#;i" �i`k r, -c�� a►y 2375 North Tamiami Trail, Ste. 208 r,• f ,. r ; C, , r, 41, 1#1 Naples, Florida 34013 =;f 1oi;r"5�-R,t- , f3r'A�J� ie r cu- I-I (239)263 -8206 ,�� y..i� F•t':LI tw �� �fil J j�S �riaGFi�'.:P.l YY� At •:`\/. T f ,- r ice COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MOSQUERA, ERINELDO EDDY LUNAR, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110007333 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on September 22, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to vacate the garage and porch within seven days (September 29, 2011), and to obtain all Collier County Building or Demolition pen-nits for the removal of described structure /improvements and request all required inspections through issuance of certificates of completion /occupancy within 180 days (March 20th, 2012) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4728 PG 875. 2. That the respondent did not contact the investigator. 3. That are-inspection was performed on March 21st, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No permits have been issued for improvements made. FURTHER AFFIANT SAYETH NOT. DATED this 21 st day of March, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe Muci Code E orcement Official STATE OF FLORIDA COUNTY OF COLLIER o to (or affi d) and su scribed before me this 21st day of March, 2012 by Joe Mucha NOTARY PL- BLIC- 5TA1'E. OF FLORIDA (Signature of Notary Public) 0 Colleen Crawley ii . Commission # EE129317 (Print/Type /Stamp Commissioned Name of Notary Public) Personally known 4 Expires: ,i UNE 07, 2014 BONDBD THRC ATLAN71C BONDING CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110009942 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Aura Rodulfo, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(13)(1)(a) LOCATION OF VIOLATION: 2390 Markley AVE SERVED: Aura Rodulfo, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110009942 Board of County Commissioners vs. Aura Rodulfo, Respondent(s) Violation(s): Ordinance 04 -41, The Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 2390 Markley Avenue Naples, FL 34117 Folio # 337440003 Description: Horse stable /barn with unpermitted electric and plumbing Past Order(s): On January 19, 2012 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 4760 PAGE 565, for more information. The property is in compliance with the Code Enforcement Board Orders as of March 29, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between March 21, 2012 — March 29, 2012 (9 days) for the total of $900.00. Order Item # 5 Operational Costs of $80.86 have not been paid Total Amount to date: $980.86 The County recommends abatement of $900.00 in daily fines as case is in compliance and operational costs of $80.86 will be imposed as a lien. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. AURA RODULFO, Respondent CESD20110009942 INSTR 4652688 OR 4760 PG 565 RECORDED 1/31/2012 3:13 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 19, 2012, 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: That Aura Rodulfo 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2390 Markley Avenue, Naples, FL, Folio 337440003, more particularly described as the West % of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 49 South, Range 27 East, said land lying and being situated in Collier County, Florida is in violation of Ordinance 04- 41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Horse stable/barn with unpermitted electric and plumbing. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(I )(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 60 days (March 20, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 20, 2012, then there will be a fine of $100 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 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,_ 2L day of,' 2� 1 , 2012 at Collier County, Florida. ,j CODE ENFORCEMENT BOARD COLLIER COUNTY�RIDA BY: / Kenneth- Kelly; Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3.�- day of 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Cou ty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. r , � KRISTINE TWENTE NOTARY PUBLIC ,tea • , oS Notary Public State of Florida ' •`_ My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 OF`� Bonded Through National Notary Assn: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Aura Rodulfo, 350 South Miami Avenue, 3203, Miami FL 33130 this -_�`l ay of 2012. M. Jear/Rawson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239)263 -8206. tv of CO LLI k. . _jj. 1 HEr;tirY dRT11I FY ,THAT IS a-t.I!U8i 63nc r c� [ii tit r - Q GUiT F'1ii �i file in and Re. £t" 0 rnv nano anO- Wi[eial S-a,'l this jt �— t -/J ' coo BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110009942 Aura Rodulfo Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Aura Rodulfo, on behalf of herself 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 CESD20110009942 dated the 22nd day of August, 2011. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for whicl- a hearing is currently scheduled for January 19th, 2012; 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. The violations are of Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(2) and described as a horse stable /barn with unpermitted electric and plumbing. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within f� f�' days of this hearing or a fine of $ P Q'Q per day will be imposed until the violation is abated. 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 and 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.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the. violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this /agreement and all costs of abatement shall be assessed to the property owner. , LOW l�h , � ,Respondent or Representative_(sign) Diane Flagg, Director O - Code Enforcement Department Respondent or Representative (print)' Date oi-- Date REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Rodulfo, Aura & Laxmi N, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110009942 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on January 19, 2012, 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 4760 PG 565. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on March 29th, 2012. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by certificate of completion being issued for permit PRBD20 1 1 1 00543 8. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of March, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe Mucha / Code Enl�rcement Official STATE OF FLORIDA COUNTY OF COLLIER w to (or of d) and sub cribed before me thiZH ay of (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � '2012 by Joe Mucha NOTARY PL'l3LIGSTA'I'F, OF FLORIDA Colleen Crawley Commission # EE129317 `Expires: JUNE 07, 2014 BONDEo THRU ATLkNTIC BONDLNG CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110014484 COLLIER COUNTY, FLORIDA, Plaintiff, vs JAMES A & BARBARA A WHITE, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3150 36th AVE SE Naples, FL SERVED: JAMES A & BARBARA A WHITE, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 =6548 Fax 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 NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no saran disponible , an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110014484 Board of County Commissioners vs. James A. & Barbara A. White, Respondent(s) Violation(s): Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) Location: 315036 th Avenue S.E. Naples, FL 34117 Folio # 41718160000 Description: Addition made to the front of the principal structure without Collier County Building Permits Past Order(s): On February 23, 2012 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 4772 PAGE 1325, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between April 24, 2012 — May 24, 2012 (31 days) for the total of $4,650.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid Total Amount to date: $4,730.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES A. AND BARBARA A. WHITE Respondents CESD20110014484 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23, 2012, 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: That James A. and Barbara A. White are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3150 36t' Avenue S.E., Naples, FL, Folio 41718160000, more particularly described as the West 374 feet of Tract 98, GOLDEN GATE ESTATES, UNIT NO. 93, according to the map or plat thereof, as recorded in Plat Book 5, Page 32 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Addition made to the front of the principal structure without 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 60 days (April 23, 2012) 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 23, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. INSTR 4666319 OR 4772 PG 1325 RECORDED 3/8/2012 12:03 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this,--)-(--, day of 2012 at Collier County, Florida. - * R-o Crrt Kdufmari, Vic6 Chair 2860 No Horsesffoe Drive STATE OF FLORIDA Naples, Florida 34104 ) /)SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of A­67 `00 2012, by Robert Kaufman, Vice Chair ophe Code Enforcement Board of Collier County, Florida, who is personally known t who has produced a Florida Driver's License as i4f. tificaiJon. CkIRISnNA L. URBANDWS►� MY COMMISSION # EE 142130 �TA �XFIRES:NoVePuWtUNUrdeW"M BLC 1 60nded'thru NOM _ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE h�een sent y U S. Mail to James A. and Barbara A. White, 3150 36`h Avenue S.E., Naples, FL 34117 this day of 2012. M. Jean Rawson, Esq.'s Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 sta tin M7 ' i✓' 1iNSY 4 M 4 p T I HER E9Y.CERTIFY THAT this is a SW :o; rect cofly° or-a;aocumem on file in Board twfinutes, nd Recoras of Cof:lier Coo* SS , my a a ana offiv ' 1 seal this aay of 1, /WiGHT''E..' B&RO. i1_CLERK OF COURM COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. WHITE, JAMES A & BARBARA A, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110014484 BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book4%(PG /S 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on April 25th, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owners have not obtained a permit for the improvements made. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of April, 2012. COLLIER COUNTY, FLORIDA CpD ENFORCEMENT BOA P. D Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or a u-med) and subscribed before me thi 27th day of April 12012 by Patrick Baldwin (Signature of Not ublic) NOTARl PLBLIC -STATE OF FLORIDA :"" Kimberly Brandes E pires: SEPD7, 2013 (Print/Type /Stamp Commissioned Name of Notary Public) Mi THE aTl? rlcao D cco.,INC Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20120001359 COLLIER COUNTY, FLORIDA, Plaintiff, vs IRMA ARRENDONDO, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, 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: 05/24/2012 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Hot/Cold Water - Dwelling22- 231(2) LOCATION OF VIOLATION: 1948 45th TER SW SERVED: IRMA ARRENDONDO, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. 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 that 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. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA 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 -6800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsible de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20120001359 Board of County Commissioners vs. Irma Arrendondo, Respondent(s) Violation(s): Collier County Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(2) Location: 194845 th Terrace S.W. Naples, FL 34116 Folio # 35749440006 Description: Dwelling being occupied without water Past Order(s): On March 22, 2012 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 4786 PAGE 3373, for more information. The property is not in compliance with the Code Enforcement Board Orders as of May 24, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $500.00 per day for the period between March 26, 2012 — May 24, 2012 (60 days) for the total of $30,000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have not been paid Total Amount to date: $30,080.00 INSTR 4682033 OR 4786 PG 3373 RECORDED 4/17/2012 12:23 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. IRMA ARRENDONDO, Respondent THIS CAUSE came on for public testimony under oath, received ev Findings of Fact, Conclusions of) 1. That Irma Arrendondo i the 2. That the Code Enforce Respondent, having been duly notife That the Respondent was CEPM20120001359 on March 22),'201, an d the Board, having heard 'vd tll appro riat� matters, thereupon issues its has jurisdiction oN te pe n o t espondent and that the d to appear at the p-1 is arch +11/l � � r�the date of hearing bye 6'irwo mail and by posting. 4. That the real property located at x'44 4 . �I pies, FL 34116, Folio 35749440006, more particularly described as Lot 9, Block 26, GOI:D A 2, according to the plat thereof, recorded in Plat Book 5, pages 65 through 77, of the Public Records of Collier County, Florida is in violation of Collier County Laws and Ordinances, Chapter 22, Article VI, Section 22-23](2) in the following particulars: Dwelling being occupied without water. 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. 04-4 1, it is hereby ORDERED: That the violations of Collier County Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(2) be corrected in the following manner. i. By providing water to the dwelling with an active valid account with Florida Governmental Utility Authority or by vacating the premises until such time that water is provided within three (3) days (March 25, 2012). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 25, 2012, then there will be a fine of $500 per day for each day until the violation is abated. 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 a final inspection to confirm the abatement. * ** OR 4786 PG 3374 * ** 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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 `-1 day of 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA l 7-bo* hair .200 shoe Drive �✓ Napl104 STATE OF FL ORIDA ) )SS:� COUNTY OF COLLIER) The foregoing instrument was ac6o ed Vef r e � , 20I2,�y Kenneth Kelly, Chair o C lli r C , Florida who is personally lrnown to me o has�pfodurii B 'v�t'>y icense as identification. KRISTINEiWENTE�'� �`/LVJlJ111 \` =+ Notary Public - State of Flon NOTARY PUBLIC { p My Comm. Expires Jun 18, 201 ( commission exp' . F «� ` Commission # EE 87272() Bonded Through National Notary Assn. C R1¢(7IEbR'dICE I HEREBY CERTIFY that a true and correct copy of s ORDER been �nt by U. S. Mail to Irma Arrendondo, 1948 45`" Terrace S.W., Naples, FL. 34116 this of of 2012. M. Je awson, Esq. Florida Bar No. 750311 700 Eleventh Street S., Ste. 208 Naples, Florida 34102 (239) 263 -8206 Slat►; a� rUA115k . ounry of COLLIER I HEREBY CERTIF_'a'7FfflTlIhis'.1s;3 8 and :orrect copy Ot,�a CIDCUm '6 d11; il: -in 303rd lY1inutes�rtd ReCor'a 6kCt)r�er Count SS My ne ar >raj this dzy a' JW T E.fiOGFC CLERK'O�S}URT� COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. ARRENDONDO, IRMA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEPM20120001359 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22, 2012, the Code Enforcement Board held a hearing and issued an Order in the above- stvled matter and stated that Defendant(s) was to provide water to the dwelling with an active valid account with Florida Governmental Utility Authority or vacating the premises until such time that water is provided by March 25th, 2012 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4786 PG 3374. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 26th, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Active valid account with Florida Governmental Utility Authority had not been established and the property had not been vacated by its occupants. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of April, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe klucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER cd to (or aff d) and subs ibed before me thisa3 day of (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � PP!• 61 , 2012 by Joe Mucha NOTARY PUBLIC•STATF OF FLORIDA �. IT,, � r.,W.ey o Cr, ission # H129317 Expires: RP 1;07,2014 BONDED THRU ATLANTIC BONDINGCo" NC,