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Backup 11/29/2007 Code Enforcement Board Backup November 29 , 2007 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: November 29,2007,at 9:00 a.m. Location:2800 North Horseshoe Drive,Naples Florida,Community Development and Environmental Services Room 609/610 NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE(5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES 'rill; TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—October 25,2007 4. PUBLIC HEARINGS A. MOTIONS Motion for Withdrawal 1. BCC vs.Horse Creek Partners,LTD CEB 2007-41 Motion for Continuance 1. BCC vs. Glen and Sharon Van Slyke CEB 2007-119 Motion for Modification of Orders 1. BCC vs.Jerry and Kimberlea Blocker CEB 2006-16 2. BCC vs. Jerry and Kimberlea Blocker CEB 2006-17 3. BCC vs.Jerry and Kimberlea Blocker CEB 2006-18 B. STIPULATIONS C. HEARINGS 1. BCC vs.John Farrell CEB 2007-82 BCC vs.E'S Country Store,LLC CEB 2007-96 BCC vs.Jaime Lam,Don Lee and Linh Lam CEB 2007-106 BCC vs.James W. Craft CEB 2007-107 5. BCC vs.Ramon Cabrera and Rosa M.Pittaluga CEB 2007-110 . BCC vs.Ramon Cabrera and Rosa M.Pittaluga CEB 2007-111 BCC vs.Jobani Gonzales CEB 2007-112 BCC vs.Jobani Gonzales CEB 2007-113 9. BCC vs.Emma Houston CEB 2007-114 10. BCC vs. Stanley Fogg Jr. and Theresa M. Fogg CEB 2007-115 BCC vs. Subway Plaza,Inc CEB 2007-116 . BCC vs.Tollgate Commercial Center CEB 2007-117 BCC vs.Naples South Realty Associates,LLC CEB 2007-118 BCC vs.Glen and Sharon Van Slyke CEB 2007-119 A. BCC vs.Yunier E. Ortiz CEB 2007-120 X16 BCC vs.R.P.K.Enterprises of Bonita,Inc CEB 2007-121 . BCC vs.Horse Creek Partners,LTD CEB 2007-122 5. OLD BUSINESS /6/00C/y 4 je;Lep A. Requeat fir Reduction of Fines/Liens B. Request for Imposition of Fines/Liens 4. BCC vs.Jerry and Kimberlea Blocker CEB 2006-16 5. BCC vs.Jerry and Kimberlea Blocker CEB 2006-17 6. BCC vs.Jerry and Kimberlea Blocker CEB 2006-18 7. BCC vs.Joseph Ferio Francois CEB 2006-52 8. BCC vs. Alfredo and Miradis Miralles CEB 2007-79 C. Request to Forward to the County Attorney's Office 1. BCC vs. EJ Properties, LLC Leonardo D. Starke,ESQ.,Reg.Agent CEB 2005-09 2. BCC vs. Patrice E. Savignano CEB 2005-28 6. NEW BUSINESS A. Code Enforcement Board Rules and Regulations 7. REPORTS 8. COMMENTS A. Affirmative Defense under Ordinance No. 2007-44 9. NEXT MEETING DATE- January 24,2008 10. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-41 vs. HORSE CREEK PARTNERS,LTD. Respondent / UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE COMES NOW Petitioner,by and through the undersigned attorney,and respectfully moves for an Order of the Code Enforcement Board dismissing this action,without prejudice, stating the following: BACKGROUND 1. This case was heard by the Code Enforcement Board on May 24th, 2007 during which a Finding of Fact, Conclusion of Law Order(Order) was entered into against Horse Creek Partners, LTD. The Order(with attached Stipulation)was recorded in the Official Public Records of Collier County at O.R.Book 4241,Pages 2438-2445. A copy of the Order is attached hereto as Exhibit"A". 2. After reviewing the case, the violations noted, and the identity of the Respondent herein, Petitioner hereby moves to dismiss this case, without prejudice, so that all appropriate parties involved and all violations found can be brought back to the Code Enforcement Board for future consideration. 3. This motion is unopposed(verified by Respondent's representative,Mr.Timothy Hancock). FACTS AND GROUNDS FOR CONSIDERATION 1. The sign violation is located on property owned by Horse Creek Partners, Ltd. However, the sign is advertising a business located on another property. 2. The business being advertised is "Fairway Resort" located on property owned and operated by Seasonal Investments,Inc. 3. The list of ordinances that provided the basis for the Order was not comprehensive and should have included other regulations contained in the Land Development Code(LDC). 4. The appropriate parties have been served a revised Notice of Violations citing all violations under their appropriate LDC sections, and have been given additional time to correct but have not complied. The case with all relevant violations will be brought back to the Code Enforcement Board for future consideration. WHEREFORE, based on the foregoing, the Petitioner respectfully requests that the Code Enforcement Board issue an Order(1)dismissing the instant case,without prejudice; and(2)rescinding the Order recorded in the Official Public Records of Collier County,Florida,at O.R. Book 4241,Pages 2438-2445(attached hereto as Exhibit "A„ Respec submitted thi 215`day of November,2007, • By: A Jeff gh Assistant County Attorney Colli-'County Attorney's Office 3301 .Tamiami Trail Naples,Florida 34112 239-774-8400 Florida Bar#20203 / Retn: BENDISA NARIG 4030296 OR: 4241 PG: 2438 RBC FIE 69.50 COLLIER COUNTY CODE ENFORCE RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 06/08/2001 at 01:30PN DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-41 vs. HORSE CREEK PARTNERS,LTD. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befor- at c d • •k. 4,2007,and the Board,having heard testimony under oath,received evidence, . _ •e'J ,•T . : .. •.riate matters,thereupon issues its Findings of Fact,Conclusions of Law,a • +211 • the Board,as • • e ' GS OF FACT I. That HORSE CREEK P R E STD -i,e •}, •- .f,• t property. 2. That the Code Enforcem:, t B'. I has di io . pe ;•n`.f -,Respondent and that the Respondent,having been duly not e., :..:,!. • • :;arin•.; �,, s e• by Tim Hancock,and entered into a Stipulation. 3. That the Respondent was no ,d •f the date of hearing . ',e i - w.il and by posting. 4. That the real property located at ►0.. ;•ve Blvd. . -• - • Ida,Folio 65220000100,more particularly described as(see attached legal) . t ' • ' :.k■r• • • her County,Florida is in violation of Collier County Ordinance County Ordinance 04 • , .•AN •.c. 6- opment Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)in the following particulars: Sign erected without property county permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a)and 10.02.06(BX2)(d)(ix)be corrected in the following manner: 1. By submitting a complete and sufficient application for sign variance to maintain an off-premise sign in the subject location within 14 days(June 7,2007). 2. By pursuing variance process through final determination. If variance is approved,by submitting a complete and sufficient sign permit application within 30 days of variance approval. EXHIBIT OR: 4241 PG: 2439 3. By pursing all inspections through Certificate of Completion within 60 days of permit approval. 4. If variance is denied,by removing the sign from the subject location within 30 days of variance disapproval. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (June 7,2007),then there will be a fine of$150 per day for each day until the variance application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 30 days of variance approval,then there will be a fine of$150 per day for each day until the permit is submitted. 7. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days of permit approval,then there will be a fine of$150 per day for each day until the permit is CO'd. 8. That if the Respondent does not comply with paragraph 4 of the Order of the Board within 30 days of variance disapproval,then there will be a fine of$150 a day until the said sign is removed. 9. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$536.32. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an • •. .v:lle. �• ,e Board's Order. DONE AND ORDERED this i�i ; of ,•1 'w a, ■,Hier County, Florida. / ODE EN ORCE N :OARD / - — CO LIE' "UNTY,FL'' DA • , Y. 1 f,?,a, -46 .��_• iri e � air Naple lori•: 34 ;t STATE OF FLORIDA ) _ )SS: �° �l7 COUNTY OF COLLIER) ® The foregoing instrument was ackn e f• e 1 is 'Tr day of� 2007,by Sheri Barnett,Chair of the Code Enforce •■ $.1 'IP -oilier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. =�_! t.%%) _� �~�X""r CHRISTINA L UFBdNOW310 MY COMMISSION t DD 241717 NOTARY PUBLIC EXPIRES:November 22,2007 My commission expires: N440,,M gorded ttvu Notary PtbC uneeiwnroa State of FLORIDA ,,, .;ounty of COWER I HEREBY CERTIFY THATthis Is a true andl correct copy ofa 000Uttiefu on file in Board Minutes and Records of Collier County WITNESS rny_tano and.official seal this Mr2. day of" 1 ')WIGHT E. BRO(,K,CLERK(OF COURTS a ... OR: 4241 PG: 2440 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to U.S. Mail to i��rse Creek Partners,LTD,Alan Schiffman,Reg.Agent,870 111th Avenue N., Naples,Florida 34108 this �`Y`Ziay of t pas 0 ,2007. M.Jean 7)61-7// a son,Esq. Florida B No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 G o1v,; 2 Ffl i 9-' OR: 4241 PG: 2441 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO.2007-41 HORSE CRREEK PARTNERS, LTD DEPT N0.2005090022 ALAN SCHIFFMAN(REGISTERED AGENT) Respondent(s), STIPULATION/AGREEMENT COMES NOW, the ndersigned, 4.0 A a . Al. c/4-y fLq,c'\ , on behalf of himself or as representative for Respondent and enters into this Stipulation and reement with Collier County as to the resolution of Notices of Violation in reference(case) number 2007-41 dated the 24th day of May, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 24, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick --• •- r T.. resolution of the matters outlined therein the parties hereto agrees as follows: i T 1) The violations noted in the refers ,y=• 7• ce of Violation are a ra - and I stipulate to their existence. 2) The violations are that of 04-41 a`), !,ve •• V •e ,as m- ded, section(s) 10.02.06[B] [2][a], 10.02.06[B][2][d][ix]. THEREFORE, it is agreed be -- th pa • that !::: . ;!t hai 1) Pao - `` y perational costs in the a • - • .. incu -. ' the •r• --z-,-•n of this case. 2) Abate all violations by: �f* A. Submitting a complete and s -,`y 4�.. - •plication for s'•• v�ri. ce to maintain a�premise sign in the subject location within . , _ ... • - , 2007) or a fine of$150 per day will be imposed until the variance applica • .•rte''. go-rd B. Pursuing variance process through final deter ;in. tf variance is ap roved, submit a complete and sufficient sign permit application wit . •ays of variance approval or a fine of$150 per day will be imposed until the permit is submitt . Pursue all inspections through certificate of completion within 60 days of permit approval or a fine of $150 per day will be imposed until the permit is COed. C. If variance is denied, remove the sign from the subject location within 30 days of variance disapproval or a fine of$150.00 a day will be imposed until the said sign is removed. 3) Respondent must notify Code Enforcement that the violation has been abated. aMJ ° 4ki4-7t - Respondent Date ells Arnold, Director Code Enforcement Department REV 2/23/06 © 3227881 OR: 3351 PG: 3048 . MOM it ant=M10/of 0131111 OMR,n 11l1Mf2N3 at 11:17M SEMI.1.Mmc[,ME SE 11111N.N flkearere Propene vinOlkkarr7Te Syt 1u M71 11.M1 •Rlma M. sum, MUM 114-.71 4781.11 visbest et !Wm lets: 1004 lssiaaiopiatesTrail ITeath, hits 201 WWI COipil R 11 **lee, 1lesids 34102 011!M[Ml Mi 11,11 rows N..M, 11131 71 31113 Orsil TDl ORONO TIN: Warranty Deed his ladeatare, Mods this 72,4. thy of Only ,2003 AD.. iwtwaea Pala User &states, Lac., an Chin corporation r1Rrr re MOM Creek Partners, Ltd.a Florida limited pastaasahip .Ire Memo it 1166 Diaoek Lane, Naples, FL 34110 CV d r narq if Collier , seer Florida ,prantss. mdii N Wham* ANTS. r mil karrrieratira Odom re FES DGLTJ?i (110) DCL ARS. .1 arm-r Wink raMdstlka a GRANTOR k W pie by QtANTEE,ra resit wwd Y May ar_dripl ka t� rrrl.Iu W WI s Ile We MANTME r/GRANTEES aria Muirs mg rips Roar,r.+bras dssrel tat rt,rr, M� IyU NM Wekesteryet R CO a Florida Wu* N au mxiIT A, , .4 ', .,. • Y • ST �Pa. c1. ■=te C •tabisot to omen of raoord.. ismilizailti.. /.. ter=. -� THE Cat-` '( (.) y ail r par w May Idly wart r � r lentil dim a[r mom Macs. Is Wheels Wklrerlrr prier a.Yuma as ._11_71i 1M per a.Meat mem Signed,ended sad dubu,ud is ear promos Palm ii7rar &states, Us., an Ohio t /4,f' O��.aia.Q Signature a •i �:. resi des! .ls ; print seas: Tsang J. AsbMs AlMst37t7abaahstlgksBl.sam k ;::c : • t.inlets , c :c • . . print mane: Juee . •, STATE OF 0*10 COUNTY OF ✓ van ; Tr Imam krs st and sgsrhMrl hire sr rk '21st ar or July ,2003 by Jaw Online!, President of Pals nicer Mutates, Inc., an Clio corporation on behalf of the► corporation rstxMrpaYrd1ir .' .Ysrsma �v� a.CkAQ Printed W J. ♦shb.. (P.q.rd) Notary Public , , ;N �11�>«At�RlM11N>q asaytelallisseKile 1173e101 " A tmassata,.saerle rr.as mere sa remerto, OR: 3351 PG: 3049 /011: 4241 PG: 2443 . / Exhibit A PARCEL A: A PARCEL OF LAND LOCATED IN SECTION 23,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 23,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 89°5731"EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 23,FOR A DISTANCE OF 2,650.07 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 23;THENCE RUN NORTH 88°21'09"EAST,ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 23,FOR A DISTANCE OF 1,283.88 FEET TO THE NORTHWEST CORNER OF LOT 4 OF PALM RIVER ESTATES UNIT NO.5,AS RECORDED IN PLAT BOOK 10,PAGE 92 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH 11°57'33"WEST,ALONG THE WESTERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.5,FOR A DISTANCE OF 237.94 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST,WHOSE RADIUS POINT BEARS NORTH 78°02'2 WEST,A DISTANCE OF 140.00 FEET THEREFROM;THENCE RUN SOUTHWESTERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 140.00 FEET,THROUGH A CENTRAL ANGLE OF, a 'ED BY A CHORD OF 11328 FEET AT A BEARING OF SOUTH 35.49'27"WEST . fi tip`• 116.62 FEET TO THE NORTHEAST WEST.,, -,; w.i..1 is , l r, CORNER OF LOT 1057 OF PALM • •'%" -•} x •. /', CORDED IN PLAT BOOK 8.PAGE 9,OF SAID PUBLIC RECORDS,.i' �'ft✓BEING A POINT•^LI'f LAR CURVE CONCAVE NORTH,WHOSE RADIUS PO I;4', �� 30°2206" • 0%, ANCE OF 74.77 FEET THEREFROM;THENCE RUN i r 4 n•/i • ,..... 4. � OF SAID PALM RIVER ESTATES UNIT NO.3 AND i x'1-4 ,„,., t 1 RI , ��VING A RADIUS OF 74.77 FEET THROUGHA ,.='- 4,7i,-,,,,ti,�. a,a', . •RDOF54.04FEETATA BEARING OF SOUTH 80°4 x � h 'i 'Ir41 = T+O THE END OF SAID CURVE;THENCE RUNN. ' u. � '� . ".710_,0'i . Fv �. r•-�i u ,it. L[TIE.FOR A DISTANCE OF 500.00 FEET;TO A POINT • '',a ,d•►t., 4T 3j. ::;,41..::k: ,WHOSE RADIUS POINT BEARS NORTH I 1°580)1 = )STANCE•F 220. ; ' }_�r'w ■•, ;THENCE RUN. NORTHWESTERLY ALONG ;.• •RTHERLY LINE r r-'t� AID CURVE TO THE RIGHT, HAVING A RADIUS OF 220. .ii 1 OUGH A a yt'.�i ; 1 :S9°4129",SUBTENDED BY A CHORD OF 219.37 FEET AT A . a,')`l, NORTH 48.11' �'* RAN ARC LENGTH OF 229.62 FEET TO THE END OF SAID : • .,•� :0# . ,ALONG SAID NORTHERLY LINE OF SAID PALM RIVER ESTA�.'j''�; " �"o;.%� OF 1,043.12 FEET TO THE NORTHWEST CORNER OF LOT 1075 •"z • �.i t, T'�`� ATES UNIT NO.3;THENCE RUN SOUTH 00°01'52"EAST,ALONE THE W i•+ • SAID PALM RIVER ESTATES UNIT NO.3 FOR A DISTANCE OF 185.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF CYPRESS WAY OF SAID PALM RIVER ESTATES UNIT NO.3;THENCE RUN NORTH 89°3808"EAST,ALONG SAID RIGHT-OF-WAY LINE,FOR A DISTANCE OF 9.54 FEET;THENCE RUN SOUTH 00°01'52"EAST,ALONG SAID WESTERLY LINE,FOR A DISTANCE OF 125.00 FEET TO THE SOUTHWEST CORNER OF LOT 909 OF SAID PALM RIVER ESTATES UNIT NO.3;THENCE RUN NORTH 89°58'08"EAST,ALONG THE SOUTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.3,FOR A DISTANCE OF 109.71 FEET TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 601 AT PAGES 1467 AND 1468 OF SAID PUBLIC RECORDS;THENCE ALONG SAID BOUNDARY THE NEXT FOUR(4)COURSES())SOUTH 00°0520"WEST FOR A DISTANCE OF 350.00 FEET;(2)SOUTH 40°0520" WEST FOR A DISTANCE OF 550.00 FEET;(3)SOUTH 77°35'20°WEST FOR A DISTANCE OF 584.08 FEET; (4)NORTH 76°3725"WEST FOR A DISTANCE OF 72.82 FEET TO THE NORTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1436.PAGE 1854,OF SAID PUBLIC RECORDS; THENCE RUN NORTH 75°3511"WEST,ALONG THE NORTHERLY LINE OF SAID LANDS,FOR A DISTANCE OF 1 5.00 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2254,PAGE 1857,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 14°24'49"EAST, ALONG THE EASTERLY LINE OF SAID LANDS,FOR A DISTANCE OF 100.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;THENCE RUN NORTH 75°3511"WEST,ALONG THE Pale lof3 / OR: 4241 PG: 2444 OR: 3351 PG: 3050 NORTHERLY LINE OF SAID LANDS,FOR A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1519,PAGE 888.OF SAID PUBLIC RECORDS;THENCE RUN NORTH 14°24'49"EAST,ALONG THE EASTERLY LINE OF SAID LANDS,FOR A DISTANCE OF 125.00 FEET TO THE NORTHEAST CORNER OF SAID LANDS;THENCE RUN NORTH 75°351 l"WEST,ALONG THE NORTHERLY LINE OF SAID LANDS FOR A DISTANCE OF 75.00 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST;THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,HAVING A RADIUS OF 25.00 FEET;THROUGH A CENTRAL ANGLE OF 90°00'00";SUBTENDED BY A CHORD OF 35.36 FEET AT A BEARING OF SOUTH S9°24'49"WEST,FOR AN ARC LENGTH OF 39.27 FEET TO THE END OF SAID CURVE;THENCE RUN SOUTH 14°24'49"WEST FOR A DISTANCE OF 600.00 FEET TO THE NORTHWEST CORNER OF LOT 811 OF PALM RIVER ESTATES UNIT NO.2,PLAT BOOK 3.PAGE 96,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 75°35'11"WEST,ALONG THE NORTHERLY LINE OF SAID PALM RIVER ESTATES UNIT NO.2,FOR A DISTANCE OF 310.00 FEET TO THE NORTHWEST CORNER OF LOT 864 OF SAID PALM RIVER ESTATES UNIT NO.2;'THENCE RUN SOUTH 14°24'49"WEST,ALONG THE WEST LINE OF SAID PALM RIVER ESTATES UNIT NO.2,FOR A DISTANCE OF 1369.00 FEET TO A POINT ON THE NORTHEAST CORNER OF OLD TAMIAMI TRAIL AS SHOWN ON PLAT OF PALM RIVER ESTATES UNIT NO.7,PLAT BOOK 12,PAGE 30,OF SAID PUBLIC RECORDS;THENCE RUN NORTH 75°35'11"WEST,ALONG THE NORTH LINE OF SAID OLD TAMIAMI TRAIL,FOR A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF SAID OLD TAMIAMI TRAIL;THENCE RUN SOUTH 14°24'49"WEST,ALONG THE WEST LINE OF SAID OLD TAMIAMI TRAIL,FOR A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF �•.�� r�-,• SAID PALM RIVER ESTATES, 7;THENCE RUN NORTH 75°35'11' v ,'?* "•� 4 • .�r`;�"'=� "�r OF SAID LOT 1,BLOCK C,FOR A DISTANCE OF 223.95 FEET TO THE + • ```�..3 . ti i' � �a1�' �'• QUARTER OF SAID SECTION 23; THENCE RUN NORTH 00°30'28" j t •NO SAID WEST °:7ih2. DISTANCE OF 196.96 FEET TO THE SOUTHWEST CORNER OF �; •• 1 QUARTER 0� ON 23;THENCE RUN NORTH 00°31'W WEST,ALO , r :.■ ;.; OR • �,, • ARTER,FOR A DISTANCE OF 2,658.77 FEET TO THE POs • " i ••:r, CONTAINING 85.602 ACRES, 0*r"° r.�.1 ��0 r 7 • • HEREIN DESCRIBED, BEARINGS SHOWN HEREO � t• �u 'I�+ i 0 la,t,�'. •• 1/4 OF TOWNSHIP 48 SOUTH RA `• SECTION 23, cam' .CO i • CO � •,.'T x p1QG S 89°3731"E THIS PROPERTY IS SUBJECT VW".a .ENS RESERVA•'�.�►1 �•, • 1 �� . '7 CTIONS OF RECORD. PARCEL B: IgC CT%-C Lots 856,857,858,859,860,861,862,863 and 8', s mt No.2,PALM RIVER ESTATES,accordin the plat thereof recorded in Plat Book 3,Page 96,Public Records of Collier Cotmty,Florida. B to PARCEL C UNIT NO.1 OF PALM RIVER ESTATES PARCEL ONE: (a/k/a A portion of Oat Lot I,Unit No.I of Palm River Estate:,PB 319S) A parcel of land lying in that part of Unit No.I of Palm River Estates as recorded in Plat Book 3,Page 90 of the Public Records of Collier County,Florida being described as follows: Commencing at the Southwest corner of said Unit No. 1 of Palm River Estates Subdivision,nun N 89 degrees 24'30"E along the South line of said subdivision for a distance of 120.01 feet to an intersection with the East line of those lands recorded in O.R.Book 1775,Page 2026 of said Public Records and the Point of Beginning: Page 2 of3 , t** OR: 3351 PG: 3051 *** Thence along the East line of said lands N 00 degree 01' 12"E 5530 feet to an Intersection with the South right-of--way line of Piper Boulevard; Thence along said right-of-way line S 89 degrees 58'48"E 265.00 feet to a point of curvature; Thence 39.27 feet along the art of a curve concave to the Southwest having a radius Of 25.00 feet,a central angle of 90 degrees 00'00"and a chord of 35.36 feet bearing S 44 levees 58'48"E to a point of tangency and an intersection with the West right-of-way line of Palm River Boulevard; Thence along said right-of--way line S 00 degrees 01' 12"W 27.40 feet to said South line of Unit No. 1 of Palm River Estates Subdivision; Thence along said line S 89 degrees 24'30"W 290.02 feet to the POINT OF BEGINNING. UNIT NO.1 of PALM RIVER ESTATES .oc:: PARCEL TWO:(a/Wa A poetics of Out Lot 1,Usit Na 1 of Palm River E:tates,PB 3199) N A parcel of land lying in that part of Unit No.1 of Pahn River Estates as recorded in Plat Book 3,Page 90 c rm. of the Public Records of Collier County.FI.=• :y, -; . •_. as follow::riewir at the Southeast .. a l of i on,run S 89 degrees Beginning corner � �� '� Subdivision, 're NI 26'00"W along the South line • / ' vision for a di �':r '•• , feed mss" Thence continue along (id jr�-.-•.. -,- 4' ,"W 1 feto an intersection with the a East right-of-way line'f . ! .ter rT r; a o Thence along said ri., -o i,i�• '! +",,:.• . r - - Theta 39.27 feet II, •r�`~,��'�'* ��"►''11r►��,�-� �?'� to a point of curvature i,, , * ":, `i ving a radius of 23.00 feet, a centrfi angle of 90; �' 1� �^� `_ V111111 N 4S degrees Ol'12"E to a Point of T •tr ;, , ,.►• .� °i 1, line of Piper Boulevard. Thence along said ri line S 89 degrees ._ t to an intersection with the East fine of said U 1i of Palm River ii c Thence along said line ' • - 01' 12"W.43.•:4'11:71.'11'r`a WT OF BEGINNING. IRc aACI*11 Ref.FeihssHPb bee Owlrrhls Rive belies EGAL DEaCRJPT1ON.FVIAL POR TAKING TITLE.&r Page 3of3 I J TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-16 DEPT No. 2001100933 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-16 Dept. Case No. 2001100933 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 1101 Alachua Street, Lot 8, Immokalee, FL SERVED: Jerry and Kimberlea Blocker, Respondent Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/1/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-16 DEPT CASE NO. 2001100933 Board of County Commissioners vs. Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01, par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01,par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03, pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01, par. A, SEC. 8.08.00, par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01, par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3", par.2. Location: Lot 8, Block48,NEWMARKET SUBD., ID#63864720000 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2458, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 37,854.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—November 7, 2007, (130 days) for the total of$ 19,500.00. Fines are still accruing. Order Item# 6 Fines at a rate of$150 per day for the period between July 10, 2007-November 7, 2007 (120 days) for the total of$ 18,000.00. Fines are still accruing. n Order Item #16 Operational Costs of $ 354.16 have not been paid. 2- Retn: INTEROFFICE 3835446 OR: 4033 PG: 2458 REC �$� 2].00 COLLIER COUNTY CODE ENFORCENEN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL SHIRLEY K GARCIA 05/09/2006 at II:02AM DRIGAT E. BROCE, CLERK 2800 N HORSESHOE DR CDES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-16 vs. JERRY&KIMBERLEA BLOCKER, Respondents FINDING 0 IONS OF L .: ►a_�,-c. 'aw r ';ems RD THIS CAUSE came on for public hear' g . are the Board on April 27, *06, A4d the Board,having heard testimony under oath,received evide d ear' res. ' o •. •pprop '.to afters,thereupon issues its Findings of Fact,Conclusions of La. , an Or."r o -'ee d,as fo.ows: 9,/, 1. That Jerry and Kimberlea �� e �- � e� o' -��ubje�'�=•=. _. Z. That the Code Enforcement �n,,� has jurisdiction of th -y�:..o � o `espondents and that the Respondents,having been duly notifi -. ed at the public hear n: 3. That the Respondents were notifies+ '' • • ed mail and by posting. a/k/a"Shells Trailer Park,"Folio 4. That the real property located at 1101 Alac : - mokalee,FL, , Number 63864720000,more particularly described as Lot 8,Block 48,Newmarket Subdivision,as recorded in Plat Book I,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par. A,sec.8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C- 3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—lmmokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: OR: 4033 PG: 2459 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F, sec. 2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,1-C-3,par.2 be corrected in the following manner: I. If the Respondents elect to rezone the property,by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all requ . t n ertifcates of Completion within 120 days of issuance of the aforementioned Building Pe i s; .,( N 6. In the alternative,by obta• t •.mplete and sufficie - County Demolition Permit within 90 days(July 28,2006)or within 10 d s •'- abandoned pursuit of rezo an r SDP/SIP,whichever is applicable; 7. If obtaining a demoli on . rmi •y ecu '•: same d by re ovi all non-approved, non- permitted,additions,improvements use : •, : i•- ••' cto•er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; 8. That if rezoning,the •e •.y •- is .• •' 1 ;, park_ •,•h i of a Order of the Board within 14 days(May 12,2006),then there .J .�e � ��• o' �=! •� --•- ntil : �a- �". •tion meeting is scheduled. 9. That if rezoning,the R. ... ents do not comply wt l' •ara: :p e Order of the Board within 365 days of the date of the pre-appli quiry/review,then th_.;&- ii be .ii of$150 per day for each day that the violation continues past that d 10. That if rezoning,the Resp 2 d • .o not comply with •=+ :. 3 of the Order of the Board within 60 days of the rezone approval,then there a a .1 I •: -ach day that the violation continues past that date. 11. That if rezoning,the Respondents do no • paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if,in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if,in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. %f *** OR; 4033 PG: 2460 *** Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this jetli day of .,. ,2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: It- igc-74--- Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) R CO:. �^ foregoing instrument was ac �e< .ay of ! r t 2006, Sheri Barnett,Chair of the Cod- tg's ment Board of Co + �1 -�,Florida,wh is personally known to me or . h• .-=uced a Florida D er's .-icense as identification. r ttn, t40 j n �pmQ1t5510UU��b• p4 Siker/rq L.j.--�^L.cIMPA�s�+t"�0a0€ a#•fires: 'Rota At ERTIFICATE OF S - Q I HEREBY CERTIFY that a t . ." « ect copy of this 0' c • ' h been sent y U.S.Mail to U.S. Mail to Jerry and Kimberlea Blocker, 1830 •.e tr .=• 0 this fj day of f 2006. I C1. M.Jean son,Esq. Florida -ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 state of f LORIUA Z.ouety of COLLIER 1 HEREBY CERTIFY THAT this Is a true and correct copy.o,�tIdttctintent on file in Board MiNgas•entReNgts of Collier County W4my, , - .•ofhciai seal this day of. „ Fzo. • • DWI . •OK,CLERK OF CO RTS • :,;:m .. i+.;I t- Q.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 n DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on APRIL,27, 2006, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG (S)2458, 2459 and.2460, et. seq. 2. That a re-inspection was performed on JUNE 29, 2007 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not n been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and s , cribed before me this June 29,2007,by Dennis Mazzone. AO ' i ature of Notary •ublic) vUtru(Y PUBLIC-SYAfEOFFLUt(11,, (Print/Type/Stamp Commissioned : 3 K'A" Van Sickle Tame of Notary Public) %-1 �Qn#DD6ise Expires NOV 79 201( BOND&DTTROATLANn(BONDINGCo err Personally known 'J REV 3-14-05 7, COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-16 DEPT CASE NO. 2001100933 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4033, PG 2458, 2459 and 2460, et. seq. 2. That a re-inspection was performed on JULY I I, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken.Respondent remains in violation of the terms of paragraph no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question, by June 29,2007, as ordered,resulting in a fine of$150.00 per day. Also, respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co.Demolition Permit, within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE STATE OF FLORIDA Code Enforcement Official COUNTY OF COLLIER Sworn to(or affirmed) , • ubscribed before me this July 11 2007, by Dennis Mazzone. Sias.ture of Notary`P'u.lic) .1, '01,11-STATEOFFLORLDA rint/Type/Stamp Commissioned = K.A. Van Sickle Public) ��'''u e of Notary aD#DD61848f ale ) � apps. NOV 29 201G . BOND&DTRUATLANTIC60NDINGCO..IN(' Personally known REV 3-14-05 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-17 DEPT No, 2001100934 Request for Imsosition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-17 Dept. Case No. 2001100934 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 1101 Alachua Street, Lots 6 and 7 Immokalee, FL SERVED: Jerry and Kimberlea Blocker, Respondent Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/1/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-17 DEPT CASE NO. 2001100934 Board of County Commissioners vs. Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S 1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01,par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01, par. D and 2.02.03, SEC. 2.03.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03, pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01, par. A, SEC. 8.08.00, par's B and D, SUB SEC. 9.03.00, SUB SEC. 9.03.01, par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3", par.2. Location: Lots 6 and 7, Block48,NEWMARKET SUBD., ID# 63864680001 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2461, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 37,854.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—November 7, 2007, (130 days) for the total of$ 19,500.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007-November 7, 2007 (120 days) for the total of$ 18,000.00. Fines are still accruing. Order Item #16 Operational Costs of $ 354.16 have not been paid. � . • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-17 vs. 3835447 OR: 4033 PG: 2461 RECORDED in OFFICIAL RECORDS of COLLIER COUETY, FL JERRY&KIMBERLEA BLOCKER, 05/09/2006 at 11:02111! DWIGHT I. BROCE, CLUE SEC FEE 27,00 Respondents Retn:IRTEROFFICE COLLIER COUNTY CODE ENFORCE= f SHIRLEY E GARCIA 2000 E HORSESHOE DR CUSS BLDG FINDING OF L ` : i a ARD • THIS CAUSE came on for public hear''g .re the Board on April 27, 406,a d the Board, having heard testimony under oath,received evide e, d 'ear.,res. • o . approp •ate afters,thereupon issues its Findings of Fact,Conclusions of La ,an Or.er o' e B:< d,as fo ows: 1. That Jerry nd Kimberlea 4 GeC -- rTY a ubje-�-. 2. That the Code Enforcement: has jurisdiction of th=_ ,N • o espondents and that the Respondents,having been duly notifie' gi ed at the public hea in_ 3. That the Respondents were notifies a. . h • . c ed mail and by posting. 4. That the real property located at 1101 Alac , mokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864680001,more particularly described as Lots 6 and 7,Block 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub.Sec's 1.04.01, par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec. 2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master Plan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: .3. OR; 4033 PG: 2462 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00,Sub. Sec's 1.04.01,par's A,B and C,and 1.04.05,sec. I.05.00,sub sec. 1.05.01,par.F, sec.2.02.00,sub. sec.2.02.01,par.D,and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec. 2.04.03,pg.LDC2:113,sec.2.05.00,sub.sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokafee Area Zoning District,Article IV,sec's 4.1.4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all rege" zt ificates of Completion within 120 days of issuance of the aforementioned Building Pe \, 4/),, 6. In the alternative,by obta .mplete and sufficie ' o County Demolition Permit within 90 days(July 28,2006)or within I0 d ys abandoned pursuit of rezo an r SDP/SIP,whichever is applicable; yy N 7. If obtaining a demoli on rmit,".y cu : same d by re ovi : all non-approved, non- ^ permitted,additions, improvements use r ._t'_ ,., ; i,., •cto er 28,2006)or 90 days after rezone and/or SDP/SIP abandonme t; 8. That if rezoning,the •es..,,•- is •. ., :1 ;,t par : -1.h f• e Order of the Board within 14 days(May 12,2006),then there -ft ,,e , '' o -s • ,-'- ntil a-: ation meeting is scheduled. 9. That if rezoning,the R eats do not comply wi, •ara_ .. e Order of the Board within 365 days of the date of the pre-appli l'.4. • quiry/review,then --"4 it b . : of$150 per day for each day that the violation continues past that d., 10. That if rezoning,the Resp d .,. •o not comply with ..,aka. 3 of the Order of the Board within 60 days of the rezone approval,then there • .- a e.4111514 . -ach day that the violation continues past that date. IF- 11. That if rezoning,the Respondents do n�l.�r, .. . paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if, in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. —__.... • • A *** OR: 4033 PG: 2463 *** a Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this j day of 777a_ ...<2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER",COOUNTY,FLORIDA BY: .„-- ei..,,opie--) Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was ac 4. e44 pis; • - - , 4 say of 2006,b heri Barnett,Chair of the Cod- • meet Board of Co u s,Florida,who is personally known to me or I. has pr. ced a Florida D er's'. icense as identification. a 1 Viodug'9n **'per DOt►n, sion#p1)23' 7 ohs �nir t�: AT C - n ;4,r�P'''-.. Commis 18. 00 —,,� ,; -- ? .,Expires: . . , • r 6 r : j vai U:: ` .<c gong c t " ,n ! dingy '"/'-� '•' of M1°. Atlantic Bon l� t. ,i- 1 .'"'f ERTIFICATE OF S-t;,- 0 I HEREBY CERTIFY that a t.■, , ect copy of this 0• e h.- been sept lb'U.S.Mail to U.S. Mail to Jerry and Kimberlea Blocker, 1831 . .( k ■.. . • 0 this, I- day of 2006. C M.Jean son,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 state oz FLORIDA :ounty of COLLIER I HEREBY CERTWY.THAT this is a true and correct copy g¢ . co:ient on file in Board Niinitfeg•awd•Rdcoros of Collier County W T rriy.h-rt ' t. 'cis seal this ajt of / `-.-'. s. ,. T DWI ..f...411-,*CA,G V OF CO itTS CI . = .:,.;,I,ii d...�" D.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STALE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on APRIL 27,2006, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG(S)2461, 2462 and 2463, et. seq. 2. That a re-inspection was performed on JUNE 29, 2007. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no. 9, of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated:JUNE 29,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CAA DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and sub ribed before me this June 29,2007, by Dennis Mazzone. //r (Signa e • Notary Public) vuirucl rtbtiWl.•S1 ThUFFLUt{Wt- .`i,�,,,,,W,,,i K.A. Van Sickle (Print/Type/Stamp Commissioned "tame of Notary Public) , Expir S i Nagy 791201( BONDBDTERU HUM BONDINGCO..fNC , Personally known REV 3-14-05 /.-. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-17 DEPT CASE NO. 2001100934 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4033, PG(S)2461,2462 and 2463 , et. seq. 2. That a re-inspection was performed on JULY 11, 2007. 3. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9, of the order of the board, by not having acted with due diligence in pursuit of a"re-zone" of the property in question,by June 29, 2007,as ordered,resulting in a fine of$150.00 per day. Also,respondent is now in violation of the terms of paragraph no. 6, of the order of the board, by not having obtained a Collier Co.Demolition Permit,within 10 days after abandoned pursuit of a"re-zone", or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11,2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ' DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this July 11 2007, by Dennis Maz7one. _ (Si ature of Notary Public) 'utncu PUBLIC-STATE OFFUJRIDA (Print/Type/Stamp Commissioned "" .,::'-: K.A. Van Sickle dame of Notary Public) ' 'am Commissiof#DD618o f zF�i Q 9 1 Personally known iONi1Rn'rI{Rn 4' 4\"r ��Nf,vr:nn REV 3-14-05 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jerry and Kimberlea Blocker CEB No. 2006-18 DEPT No. 2001100976 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6-7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2006-18 Dept. Case No. 2001100976 Plaintiff, vs. JERRY AND KIMBERLEA BLOCKER, Respondent / NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 1101 Alachua Street, Lots 9 and 10, Immokalee, FL SERVED: Jerry and Kimberlea Blocker, Respondent Dennis Mazzone, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: 7/1/2007 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-18 DEPT CASE NO. 2001100976 Board of County Commissioners vs.Jerry and Kimberlea Blocker Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended sec.(s) 1.04.00, SUB SEC'S1.04.01, par's. A, B and C, and 1.04.05, SEC. 1.05.00, SUB SEC. 1.05.01, par.F, SEC. 2.02.00, SUB SEC'S. 2.02.01, par. D and 2.02.03, SEC. 2.05.00, SUB SEC. 2.03.03, par. A, SEC. 2.04.00, SUB SEC. 2.04.03, pg."LDC 2:113", DEC. 2.05.00, SUB SEC. 2.05.01, par. A, SEC. 8.08.00, par's B and D, SEC. 9.03.00, SUB SEC. 9.03.00, SUB SEC. 9.03.01, par. D ALSO: OCT. 1970 ZONING REGUALTIONS/IMMOKALEE AREA, Article IV, SEC's. 4.1, 4.2, 4.3, and 4.4, Article VII, Sec's. 7.1, and 7.9, and Article X, SEC. 10.11, "I-C-3", par.2. Location: Lots 9 and 10, Block48, NEWMARKET SUBD., ID# 63864760002 of Collier County. Record, a/k/a, 1101 Alachua St. Immokalee, FL., a/k/a, "Shells Trailer Park". Description: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3) without prior Collier County Zoning and Planning review, without an approved Site Development Plan(SDP), without Valid Collier CO. Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan-Immokalee Master Plan. (GMP). Past Order(s): On April 27, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4033 PG 2464, for more information. The Respondent has not complied with the CEB Orders as of April 27, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 37,854.16 See below. Order Item#9 Fines at a rate of$150 per day for the period between June 30, 2007—November 7, 2007, (130 days) for the total of$ 19,500.00. Fines are still accruing. Order Item#6 Fines at a rate of$150 per day for the period between July 10, 2007-November 7, 2007 (120 days) for the total of$ 18,000.00. Fines are still accruing. Order Item#16 Operational Costs of $ 354.16 have not been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-18 vs. 3835448 OR: 4033 PG: 2464 JERRY &KIMBERLEA BLOCKER, RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/09/2006 at 11:02AN DWIGHT B. BROCK, CLERK Respondents NEC FEE 27.00 Retn:INTEROFFICE COLLIER COUNTY CODE ENFORCENBN SHIRLEY K GARCIA 2800 N HORSESHOE DR CDES BLDG FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 27,2006,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jerry and Kimberlea Blocker are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents,having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1101 Alachua Street,Immokalee,FL,a/k/a"Shells Trailer Park,"Folio Number 63864760002,more particularly described as Lots 9 and 10,BIock 48,Newmarket Subdivision,as recorded in Plat Book 1,Pages 104 and 105,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00, Sub.Sec's 1.04.01, par's A,B and C,and 1.04.05,sec. 1.05.00,sub sec. 1.05.01,par.F,sec.2.02.00,sub.sec.2.02.01,par.D, and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub,sec.2.04.03,pg.LDC2:113,sec.2.05.00, sub. sec.2.05.01,par.A,sec. 8.08.00,par's B and D,sec.9.03.00,sub.sec.9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article N,sec's 4.1,4.2,4.3 and 4.4,Article VII,sec's 7.1 and 7.9 and Article X,sec. 10.11,I-C-3,par.2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property(previously zoned I-C-3)without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan—Immokalee Master PIan(GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in n Chapter 162, Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: '3, OR: 4033 PG: 2465 That the violations of Collier County Ordinance 04-41,the Collier County Land Development Code,as amended,sections 1.04.00, Sub. Sec's 1.04.01,par's A,B and C, and 1.04.05,sec. 1.05.00,sub sec. 1.05.01, par. F, sec.2.02.00,sub. sec.2.02.01,par. D, and 2.02.03,sec 2.03.00,sub sec 2.03.03,par.A,sec.2.04.00,sub, sec. 2.04.03,pg. LDC2:113,sec.2.05,00,sub.sec.2.05.01,par.A,sec. 8.08.00,par's B and D, sec.9.03.00,sub. sec. 9.03.01,par.D and 1970 Zoning Regulation/Immokalee Area Zoning District,Article IV, sec's 4.1.4.2,4.3 and 4.4, Article VII,sec's 7.1 and 7.9 and Article X, sec. 10,11,I-C-3,par.2 be corrected in the following manner: 1. If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre-application inquiry and review within 14 days(May 12,2006). 2. If rezoning,by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre-application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan(SDP)for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning,upon approval of SDP/SIP,by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning,by receiving all required inspections and Certificates of Completion within 120 days of issuance of the aforementioned Building Permits; 6. In the alternative,by obtaining a complete and sufficient Collier County Demolition Permit within 90 days(July 28,2006)or within 10 days after abandoned pursuit of rezone and/or SDP/SIP,whichever is applicable; 7. If obtaining a demolition permit, by executing same and by removing all non-approved,non- permitted,additions, improvements,use and resulting debris within 180 days(October 28,2006)or 90 days after rezone and/or SDP/SIP abandonment; 8. That if rezoning,the Respondents do not comply with paragraph 1 of the Order of the Board within 14 days (May 12,2006),then there will be a fine of$150 per day until the pre-application meeting is scheduled. 9. That if rezoning,the Respondents do not comply with paragraph 2 of the Order of the Board within 365 days of the date of the pre-application inquiry/review,then there will be a fine of$150 per day for each day that the violation continues past that date. 10. That if rezoning,the Respondents do not comply with paragraph 3 of the Order of the Board within 60 days of the rezone approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 11. That if rezoning,the Respondents do not comply with paragraph 4 of the Order of the Board within 60 days of the date of SDP/SIP approval,then there will be a fine of$150 per day for each day that the violation continues past that date. 12. That if rezoning,the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits,then there will be a fine of$150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit,they do not comply with paragraph 6 of the Order of the Board within 90 days(July 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 14. That if, in the alternative,the Respondents elect to obtain a demolition permit,they do not comply with paragraph 7 of the Order of the Board within 180 days(October 28,2006),then there will be a fine of$150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$354.16. *** OR: 4033 PG: 2466 *** Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this +.7 day of 1, ..) ,2006 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER`COUNTY,FLORIDA A BY:—y,, �u.-.- &c ' �/` Sheri Barnett, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) r Th bregoing instrument was acknowledged before me this. day of /I I " , 2006,b eri Barnett,Chair of the Code Enforcemen :oard of Collier County,Florida,wh s U personally known to me or who has I od ced a Florida Driver's Li nse as identification. /44..4 _ . ! .ail, '�-�Donna L.MOdUgo NOT 'PUBLIC "° Y'P" ;": Commission#0_0_23,,4L9!my commission expires: =_° 18,2007 y ;N; :0Q EXplrBondedgThru :;b;•....oF: '',E' Atlantic Bonding Co.,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been se . U.S.Mail to U. S. Mail to Jerry and Kimberlea Blocker, 1830 16th Street N.E.,Naples,FL 34120 this ,5 day of 7 . , 2006. 1, M.Je.,/'awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 State al f LORILtR voun y of C€UER I HEREBY CERTIFY THAT this is a true and correct copy o a cptume . on Me in Board tiiFnut 4.t1 fo;`:�0..3 of Corner Count, y imi�, Fi'C, E rno .qr, .. 'e a sal (hiss DWI E: B-'i CA Mkt CO'tRTS , ...' (IS/ D.C. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 n DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KTMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STA'L'E OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on APRIL 27, 2006,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4033 PG(S) 2464, 2465 and 2466, et. seq. 2. That a re-inspection was performed on JUNE 29, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent has not complied with paragraph(s) no.9, of the order of the board, by not having acted with due diligence in pursuit of a"re-zone"of property in question, by the agreed upon date of June 29, 2007. FURTHER AFFIANT SAYETH NOT. Dated: JUNE 29, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and su. ,cribed before me this June 29, 2007,by Dennis Mazzone. iii Al' (Si th ature of Notary Pub ic) YWAXY PUBLIC-STATEOFF7A)RIDA (Print/Type/Stamp Commissioned :, ,of K. A. Van Sickle n Name of Notary Public) ,j1 °Commission#DD61848f. .. luirttct vUlige-STATEOFFLORIDA 9xPirn' vn ' ►c, 'nu. Personally known . s. K.A. Van Sickle ' '4 1 11 €Cammis$ion DD61848� REV 3-14-05 ,''U,,,,��f NOV 79 201( iONDEDTHRPATLANTK RONDINGC0..[NC g. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-18 DEPT CASE NO. 2001100976 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. JERRY&KIMBERLEA BLOCKER,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DENNIS MAZZONE, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on APRIL 27, 2006 , the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4033, PG 2464,2465, and 2466,et. seq. 2. That a re-inspection was performed on JULY 11, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent remains in violation of the terms of paragraph no. 9,of the order of the board,by not having acted with due diligence in pursuit of a"re-zone"of the property in question,by June 29,2007,as ordered,resulting in a fine of$150.00 per day. Also, respondent is now in violation of the terms of paragraph no. 6,of the order of the board, by not having obtained a Collier Co. Demolition Permit,within 10 days after abandoned pursuit of a"re-zone",or by July 9, 2007, as ordered,resulting in an additional fine of$150.00 per day, for a total of$300.00 per day, for each day the violations continue. FURTHER AFFIANT SAYETH NOT. Dated July 11, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 4tA. DENNIS MAZZONE Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this July 11 2007, by Dennis Mazzone. .' Z •/ igna re of Notary Public) .SLATE OFFLORIDA K .A. ",,.• Van Sickle 1 ion#DD618481 (Print/Type/Stamp Commissioned �`'°` c NOV 29 201( Name of Notary Public) ,y'"" � (RONDINGC0..I eONDBD'PHRn ATGANII Personally known 'I REV 3-14-05 7. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL DIVISION JERRY&KIMBERLEA BLOCKED Respondents/Appel lants, CEBO 2006-16 CEO]# 2006-17 CEB# 2006-18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, CASE NO Plaintif1?Appellee NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that JERRY & KIMBERLEA BLOCKER, Respondents/Appellants,by and through their undersigned counsel and pursuant to Ha R App P 9 030(c)(1)(A) and 110(01, appeals to the Circuit Court of the Twentieth Judicial Circuit regaing the Code Enforcement Board' uidings of Fact,Conclusions of L,y'c ,and Ordtx of the Board relating to CEB Case Nos 2006-16, 2006-17, and 2006-19 attached hereto as Composite Exhibit"A," Dated this day of May,2007 Respectfully submitted, PORTER WRIGHT MORRIS & ARTHUR LLP 5801 Pelican Bay Boulevatd,Suite 300 Naples,Flonda 34103 (239) 593-2900 Telephone (239)593-2990 Facsimile By, — ''yr1►• � tip PATRICK G IT'E Florida Bar# 867651 For the Firm i',4 > l J. t F }. 1g „tit. .,\,, C lJ tA t s" . i k< - ', -40-1i4 ". . -',, �u k ;, _ A - s Q r 3 a. ----r t i- �O i .-. .,1' IA.* iR •9 c r `a.. er iot b. .O e> 6 .. 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Faun -M- 5 9 5- Ac9 0 ' DS +'� Y mom 239 &Tit - 3- 3 s S.` Rea -34(j Qetry Z "gm ? --- • #t l�urn o Per 1:1 csu W • ©Please Reply • C°°311"4186 ' . 1 ) +2 ' C-•4 4 ae•-1 AA ,A '..C.:.• .0 , ' t• it . "THIS TRANSMISSIION MAY CONTAIN MATERIAL� � THAT D IS CONFIDE UNDER DERAL AND FLORIDA. 1, INTENDED,TO BE D w . RED TO'ONLY THE NAMED AND ADDRESSEE. • UNAUTHORIZED USE OF THIS INFORMATION MAY BE A VIOLATION OF CRIMINAL STATUTES. IF THIS INFORMATION IS RECEWED BY,ANYONE OTHER MAN T13:E NASD ADDRESSEE, THE ADDRESS OR _ �. , Il DI4 TELY NOTIFY THE SENDER AT TI'IiONE NUMBER ABOVE AND NO OBTAIN INSTRUCTION NSISAI�L TES DISPOSAL TARE OF. UDR N MATERIAL BE SMARM RETAINED OR COETED BY ANYONE . THAN THE NAMED ASE." ' . • 'Joan M. Cofer,Kai ARIL,Ditectoi • 419 W.1*Street Mailing Address: lmmokalea.Florida'34142.2200 Itee. 419 N.1 s Street Telephone (239)6587300 H ' Immokalee,Florida■341422200 Ij r . _ _.: 4:)__Cy 5: , [Please dett this portion and return with your pays 1 . Account Information for. 11-52-00402 Capacity 1 Facility Name J&B Rentals#2 • Owner Name: Jerry B=&Kimberlea L Blocker Owner Address 1: 1830 16th St.N.E. Location Address 1: 1101 Alachua St Owner Address 2: 1101 Alachua Stllmm FL 34142 Location Address 2: Owner City: Naples City: Immokalee Owner State: FL FL ._a►•. Owner Zlpcode: 34120 State: 34142 a iii-Ott e= 229-0566 Zip Code: e: 39 657-6131 Location Areacode: 239 Location Phone: 229.0366 tWAPW 2001t '' /3"04 Mailing Address 1: 1830 St.N. Slgnat• - Mal g HEALTH Mailing Address 2: Naples Alachua S Please verify all information,making changes as necessary, Mailing City: Naples Mailing State: FL sign and return to Mailing Zipcode: 34120 Make checks payable to: Contact Name: Jerry Blocker CCHD Environmental Health Work Phone: (239)229-0366 419 North First Street Home Phone: (239)657-6131 Immokalee FL 34142 (239)6587303 PLORmA DEPART OP Yom7'( State of Florida HEAL Collam Notiflcadon of Permit Fees Due r .._0 -, 7 Migrant Camp/Housing Identification Number 11-52-00402 Silting Code 352E Fee Amount $ 22p 00 For: 11 D Alachua#2 Late Fee Immokalee FL 34142 Other • $ 0.00 ' San.oO Total To: Jerry B=&Klmberlea L Blocker Amount Due 1830 18th St.N.E. pate Amount 0913D12007 1101 Alachua Stllmm FL 34142 Naples FL 34120 Please return the entire bottom portion with your payment. The top portion(only)should be retained for your records. Y /I . i • —._.. �. .. .-- �.- = ._.. .- _ . ___.__._- ... _ 1 Case Number &oO(o l‘OO S.Li /'-■ COLLIER COUNTY CODE ENFORCEMENT Litter and/or Waste Collection NOTICE OF VIOLATION 1 Phone: t 5'1 Owner. So\OO-Y`K s f' Co t,r 1 i e 7_ Date: (l-1 -(X Investigator r, np la Cam"} I� - S 7 Zoning Dist ES4C4,Ie S Sec Ono Twp ta{9 Rng .Z t' Mailing: '2.6-to i (+, 41.1-4' 11/4/C Legal: Subdivision (tort- Cz.t<:.w.ulna.'loo Block �g Lot O Nat-QLe cL F L. StI t L o Location: S,-rv..c t A r c ,A-� j t? Folio 4010 a.- OOOC)t OR Book 40 30 Page 13-7 7 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. You are directed by this Notice to take the following corrective 05-55 and 97-35, as amended, you are notified that a violation(s) y of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at ction(s) the above-described location. Must remove all litter / unauthorized accumulation of litter from location in question to an appropriate waste disposal facility. Ordinance 2005-44Mt remove any and all abandoned/derelict property from the { cawf l for r any person to Litter t is unlawful for any person to throw,discard,place,drop,or deposit Litter in any manner location in question to a site intended for final disposal of same OR or amount in or upon any public property,private property,right-of-way,etc. store desired items within a completely enclosed structure. D9NSection 7,Prohibited Accumulation of Litter (Supplemental attached Any unauthorized accumulation of litter in or upon,any property,vacant or improved,or on or upon any public street, alley or other public or private place is a violation. ON OR BEFORE: N et J e M`cse.f k a©D k Unauthorized accumulation of litter shall include the storage of Litter or containerized Litter placed adjacent to public right-of-way earlier than 6 p.m.of the night prior to the result in: regularly scheduled pickup for that location OR allowing said accumulation of Litter Failure to correct violations may resu er to I} Mandatory notice to appear or issuance of a citation that may remain adjacent to the public right-of-way after 6 p.m.on the day of scheduled collection. result in fines up to$500 and costs of prosecution. OR 2(Spetion 8,Prohibited Dumping 2) Code Enforcement Board review that may result in fines up to It is unlawful for any person to engage in or permit the dumping, storing, placing, or $1000 per day per violation,as long as the violation remains,and depositing of abandoned property on any public or private real property,street,or highway costs of prosecution. excluding abandoned property stored within a completely enclosed building. Other Ordinance/Narrative: E VED BY: Li(-Fe r c car,s t s F-,to err. 13c�T x,e�- ersonal Service OCertified Mail [Posting of Property to 6,..1..cI EoG +r c.14 c,.r'r", , Assoc►c.d woo ckS 4i r cS v1/4 t �� 'c�(tt f'e c� ax [ Mad r.c. 1, e- -�-it ' 'rail , Signature and Title of Recipient prtc..r%c . 3toanco -yho.r-+c.1 o - .Owf r- Print INQUIRIES AND COMMENTS SHOULD BKDI�lCr`ED�O CODE Dated this VII day of lv(jJ etNlber,2006 ENFORCEMENT INVESTIGATOR: P. `5 2800 No.Horseshoe Dr.Naples,FL 34104 (239)403-2343 (239)to S"'- 5-7 (o r Investigator signature VIOLATION STATUS• t cog •['Repeat �• Waste Management Collection Specifications HORTICULTURE BEI1JSE fen (no greater than 4 ft in fen )and tied in ❑Limbs roust be bundled and tied or in 32 gallon container.(bundle and tie ❑Materials must be cut to proper length( gre length) trimmings,may not be more than 4 ft.in length or greater than 50 lbs.) bundles. ❑Household trash must not be mixed with yard waste. ❑Materials must be prepared so no greater than 50 lbs.in weight. ❑10 item limit(bundles,bags or cans). ❑Cardboard boxes must be empty&broken down ❑Loose leaves,grass,and small clippings must be containerized or bagged and ❑Refuse must be in Waste Management container or in plastic bags.(No personal cans must not exceed 50 lbs.in weight well be collected) ❑Branches must be cut in pieces less than 4 inches in diameter. /41 BULK and SPECIAL COLLECTIONS REMINDERS ❑Materials are considered bulky waste and should be placed on curb for Recycle day Solid waste containers must be removed from right-of-way prior to 6 p.m.on cotiectioa scheduled day of collection ❑Hazardous Materials:oil,chemicals,pesticides,fluorescent light bulbs must be disposed before scheduled collection,and can be placed no earlier than 6 p.m the night of by special collection. Contact Colder County Division of Solid Waste at 643-8367. To report a missed collection call Utility Billing& Customer Service 403- ❑For construction debris,contact 649-2212 for proper disposal. gp Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 10/21/05 11. RECORDED SUBDIVISION—Land subdivided into three(3) or more lots, parcels, sites,units,or any other division of land for which a plat has been filed with Clerk of Courts of Collier County. 12. RECEPTACLE — A container made of material that will environment from leaks protect the property and leakage. spillage and overflow of any type of litter, waste, or debris. A dumpster enclosure is not a receptacle. 13. STORAGE OF LITTER—the interim containment of Litter in a Board of Caen ty Commissioners, manner approved by the -- mmissioners,after generation of such Litter and prior to proper and final disposal. 14. UNAUTHORIZED ACCUMULATION OF LITTER—the accumulation of Litter in or upon any public or private property or body of water,which is not contained within proper containers or receptacle provided for control of Litter,or is not otherwise permitted or authorized,by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity,so long as: a. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active,valid Collier County building permit and for which the materials are to be used;and b. the building materials are secured during construction, remodel, repair, or building demolition,to prevent the material from falling out,spilling,blowing out by wind action,or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Latter shall also include,but not be limited to,the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to blic right-of-way ght-of--way if such materials are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled "•'-"••\ pickup for that location by the County solid waste collection contractor,or allowing said accumulation,or • container to remain adjacent to the public right-of-way after six(6)p.m. of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS GRASS OR SIMILAR NON- PROTEf.'[rS! OVERGROWTH — any accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen(18)inches in height and located on a Mowable Lot,in any Recorded or Unrecorded subdivision of Collier County. 16. UNRECORDED SUBDIVISION_any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer,prior to the enactment of Ordinance 76-6,as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. 17. WRITTEN CORRECTIVE NOTICE— a written statement issued to the violator or his/her agent identifying and which states the violation,date of the violation,location of the violation,the corrective measures required to be taken, and the date by which the corrective measures are to be completed. SECTION FIVE: Litter Declared to be A Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or Abandoned Property improper dumping of or Litter as described in Sections Six,Seven,Eight,Nine,or Ten,in or upon public or private property,is hereby declared to be a public nuisance, SECTION SIX: Unlawful to Litter It shall be unlawful for any person to throw,discard,place,drop,or deposit Litter in any manner ■ \ or amount in or upon any public property,private property,highway,street,right-of-way or body of water within the unincorporated areas of Collier County,Florida,except in such areas and Enclosed Containers Page 4 of 16 • specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Litter »a. Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved,or on or upon any public street, alley cc other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls pff r ':-whetherinproved-ar pr-ovsd isbar-sby-der where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such ProPetty• SECTION EIGHT: Dumping or Depositing.of Abandoned Property Prohibited. It shall be unlawful for any person to engage in cc permit the dumping, storing;placing, or depositing of Abandoned Property on any public or private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Litter 1. AU commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3, Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment 4. Any and every person in possession,or in charge or in control of any place,public or private where Litter is accumulated or generated,at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Utter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover.for containment-of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA JERRY&KIMBERLEA BLOCKER, Respondents, CEB#: 2006-16 v. CEB#: 2006-17 CEB#: 2006-18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff. / MOTION FOR MODIFICATION OF ORDERS Comes now the Respondents, JERRY & KIMBERLEA BLOCKER, (hereinafter, "Respondents" or "Blockers"), by and through their undersigned counsel, and on behalf of their Motion for Modification of Orders, and for such further relief as requested, states the following: 1. A hearing is set for this matter on November 29, 2007, (hereinafter, "Hearing") before the Collier County Code Enforcement Board, (hereinafter, "Board"), at which time the Board is to hear certain evidence presented by Collier County Code Enforcement upon which the Board will then be requested to impose fines pursuant to its Findings of Fact, Conclusions of Law and Order of the Board rendered on May 5, 2006 ("Order"); 2. Respondents are hereby requesting a modification of the existing Order as follows,based in part, upon the following newly discovered facts: a. The County's records pertaining to the zoning regulations and zoning map in effect from 1950 to 1970 for the Blocker's lots establish that either: (i) the Respondents' lots are a pre-existing, lawful non- conforming use that pre-dated all adopted County zoning regulations; or (ii) the Respondents' lots are a previously lawful, now non- conforming use; Page 1 of 4 and in either event, are now lawfully entitled to be considered by this Board for abatement of the cited violations by application of the County's regulations for the Site Improvement Plan (SIP), see Land Development Code provisions Section 2.03.07 G. 6., Non-conforming Mobile Home Park Overlay Subdistrict, copy of section and pertinent text attached as Exhibit A, which clearly affords the CEB the opportunity to order the SIP process as an alternative means to abate the violations now found to exist. b. As evidenced by the three attached Affidavits comprising Composite Exhibit B, two from former County Commissioners and the third from a long time, continuous resident of the immediate neighborhood, the Respondents' land has been in continuous use since the mid-1950's as a mobile home park, and as such, is clearly demonstrated to be either a lawfully pre-existing or non-conforming use entitled to utilize the SIP process as an alternative means to abate the violations now found to exist. c. In support of the request for modification of the existing Order to come into compliance under the SIP process, the Blockers and the Ratliff Trust (the owner of the property immediately to the Blockers' west, which is presently being operated as a junkyard), both have now been presented with a final Florida Department of Environmental Protection Consent Order, attached as Exhibit C, and are being requested to sign the Consent Order by November 30,2007. If executed, the Consent Order would assure the CEB and the County of the timely completion of clean-up of the adjacent waste tires and other solid waste materials (including junk vehicles), and further demonstrate how the Respondents' have worked to be able to abate the cited violations under the SIP process by having removed the offending solid waste materials and junk cars from close proximity to the Blockers' land. d. Consistent with the immediately foregoing efforts, the attorney for Respondents and the attorney for the junkyard property owner immediately to their west, together have presently pending with both the County and the dedicator of the Newmarket Subdivision plat (Collier Enterprises via their predecessor-in-title, Collier Corporation), written requests to respectively have portions of the 80 foot wide road right-of-way (ROW) (platted as Broward Street as the ROW effects the Blockers, which has never been constructed or used as a public street), re-conveyed to them by quit claim deeds (QCD's). The Board of County Commissioners is set to consider approval of this request for QCD's on Tuesday, November 27, 2007. The lands to be deeded to the Blockers by the QCD's are immediately to the west of the Respondents' lands and would comprise the easternmost forty (40') feet of the Broward Street ROW And thus, as to the Respondents, once so conveyed, Respondents will then be able, for the first time, to meaningfully participate in the SIP process as an alternative means to abate the cited violation by using the re-conveyed ROW lands to provide: 1) adequate setbacks from their new property line to existing (or to be replaced) mobile homes and structures; 2) area for an appropriate landscape buffer and a fence or wall; and 3) storage capacity for a rudimentary storm-water management system, Page 2 of 4 etc., all as the SIP process under the LDC would require for the non-conforming mobile home park use. 3. In the event that the CEB does not favorably consider the foregoing request for modification of the CEB's Order to allow abatement by the alternative means of the CEB ordering the SIP process, then the following are requested as alternative amendments to the text of the Order so as to assure the Order is legally enforceable: a. to cure the omission from those Orders of any time at all being afforded to obtain the lawfully required comprehensive plan amendment that is a legal pre-condition to filing for, and seeking to obtain, the required re-zoning, Respondents' request that a reasonable time be allowed in the amended Orders for Respondents to seek approval of an amendment to the Immokalee Master Plan, either as: 1) part of the on-going Master Plan Visioning and Re-study process, in which they are presently participating, or 2) as a small scale amendment thereto, should efforts to work under the current Master Plan Re-study process not prove fruitful; and b. the present Order goes beyond what is lawfully required to abate the claimed illegal use and orders the Respondents to demolish the on-site structures, rather than just order the use of the properties for "residential" purposes to end by a date certain. Accordingly, the Order is respectfully requested to be amended to remove any requirement to demolish existing structures, and instead, merely require that any unlawful residential use cease by a date certain, or fines may be imposed. 4. The County will not be prejudiced by the CEB making the requested modifications as they will allow for lawful means to abate the violations, regardless of which modification(s) may be approved, and thereby would assure the most expeditious compliance with existing regulations. 5. In the alternative, if the CEB fails to grant any of the foregoing requested modifications, fines should not be imposed at this time because the Respondents are continuing in their diligent efforts to demonstrate compliance with existing regulations and consistently have merely sought to be treated fairly and reasonably by the CEB and County in a manner similar to numerous other mobile home parks that have participated in the SIP process. Toward those ends Respondents are prepared to: 1) immediately enter into the final DEP Consent Order to clean-up the adjacent lands in a timely manner; and 2) timely continue efforts to obtain and then immediately record deeds from the County and others as soon as provided so as to gain clear title to the immediately adjacent ROW and thereby be lawfully able to submit to the SIP process; and 3) thereafter within seven (7) days of completing 1) and 2), schedule and then attend any required pre-application meeting to participate in the SIP process days; and 4) within thirty(30) days thereafter make application for participation in the SIP process; and diligently continue thereafter to timely pursue and obtain SIP approvals as set forth in the LDC. Page 3 of 4 WHEREFORE, based on the foregoing facts and circumstances, and points raised therein, the Board is respectfully requested to grant the requested modifications to its prior Order, in the alternatives so stated, as same may be granted or not. Dated this 14th day of November, 2007. Respectfully submitted, PORTER WRIGHT MORRIS &ARTHUR LLP 5801 Pelican Bay Boulevard, Suite 300 Naples, Florida 34108 (239) 593-2900 Telephone (239) 593-2990 Facsimile PATRICK G. TE Florida Bar#887651 For the Firm Page 4 of 4 Exhibit A 2.03.07 Overlay Zoning Districts G. Immokalee Overlay. To create the Immokalee Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Overlay District are delineated on Map 1 below 6. Nonconforming Mobile Home ParkOverlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. [N.B., THE RESPONDENTS' LOTS ARE PART OF THE IMMOKALEE URBAN AREA] a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Required site improvement plan application. The property owners of all nonconforming mobile home developments/parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91-102, the land development code, shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 or.lhe r et forth nq atn o der :ottlit..06de g , Ott pf thi se ►z, or by the date set forth in �p�reeatent,B� fidha � a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage, landscaping , parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above,will result in a . , Ora 0.rv;S' j Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d. For the specific requirements concerning the SIP submission referenced in b.and c. above, see Section 10.02.05 F. of this Code. NAPLES/330797 v.01 Exhibit A 2.03.07 Overlay Zoning Districts G. Immokalee Overlay. To create the Immokalee Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Overlay District are delineated on Map 1 below 6. Nonconforming Mobile Home ParkOverlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be nonconforming as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. [N.B., THE RESPONDENTS' LOTS ARE PART OF THE IMMOKALEE URBAN AREA] a. Purpose and intent. The purpose of these provisions is to recognize that there are nonconforming mobile home parks in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative development standards in order to cause some upgrading of conditions that would normally be required of conforming mobile home parks. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable structure. b. Required site improvement plan application. The property owners of all nonconforming mobile home developments/parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91-102, the land development code, shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 or h e the ine tr fo ', a o er of,tl e ode ! ement :$0' �! 'g vic . ,of:, is se ion or by the date set forth in a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existing buildings are laid out and the infrastructure (i.e. utilities, streets, drainage, landscaping , parking and the like) to serve those buildings. The number and location of buildings shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above, will result in a Code violation in which the property owner will be required to immediately remove all mobile homes which have not received a building permit and all mobile homes deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d. For the specific requirements concerning the SIP submission referenced in b.and c. above, see Section 10.02.05 F. of this Code. NAPLES/330797 v.01 AFFIDAVIT TOMMY LANCASTER STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments,personally appeared this_day of October 2007,TOMMY LANCASTER, who,after being duly sworn,deposes and states as follows: /� 1. My name is Tommy Lancaster and my address is /6.5-5 G K Immokalee,Florida3Y/`/2 2. I was bor9,9n/0/.2.5/3/ and have continually lived in hnmokalee,Florida since ./ af . 3. I am of good mind and sound health and have a strong recollection of the history of Immokalee,Florida. 4. During the time I have lived in Immokalee,Florida I have known of the existence of the mobile home park located at 1101 Alachua Street in Immokalee, Florida (hereinafter"Mobile Home Park")since the mid 1950s. 5. It is my recollection that the Mobile Home Park, originally known as Shell's Mobile Home Park and now known as Blocker Mobile Home Park, has been in perpetual existence and utilized as a mobile home park since the 1950s as stated above. 6. I recall that the Mobile Home Park survived Hurricane Donna in 1960,because I owned the southwest corner property adjacent to the Mobile Home Park and lived on that property in the 1950s until Hurricane Donna destroyed my home in 1960 and further recall that the Mobile Home Park continued its use. I FURTHER AFFIANT SAYETH NAUGHT. By. 3—e2(-41--w TOMMY ASTER STATE OF FLORIDA COUNTY OF COLLIER The foregoing AFFIDAVIT was acknowledged before me this lel day of October, 2007,by TOMMY LANCASTER[tiro is personally known to me,or[ ]who has provided as identification. OZ Fe Notary publ'w State of Florida Notary Public-State of Florida Angie Martinez ,,My Commission DD663386 Printed Name or re Expires 0411512011 rr 4 . , r ;� to '' &7 AFFIDAVIT, OF ANNE GOODNIGHT, STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared this _ day of October 2007, ANNE GOODNIGHT, who,after being duly sworn,deposes and states as follows: 1. My name is Anne Goodnight and my address is $71)3 7i pp /05 /�"rria Immokalee,Florida 3d,q . 2. I was born on t 1/b/MY and have continually lived in Immokalee,Florida since Ile) /9 S 3. I served as a Collier County Commissioner from !g g 9 until 114;11 4. I am of good mind and sound health and have a strong recollection of the history of Immokalee,Florida. 5. During the time I have lived in Immokalee,Florida I have known of the existence of the mobile home park located at 1101 Alachua Street in Immokalee, Florida (hereinafter"Mobile Home Park")since the mid 19508. 6. It is my recollection that the Mobile Home Park, originally known as Shell's Mobile Home Park and now known as Blocker Mobile Home Park, has been in perpetual existence and utilized as a mobile home park since the 1950s as stated above. 7. I recall that the Mobile Home Park survived Hurricane Donna in 1960 and it continued its use as a mobile home park. FURTHER AFFIANT SAYETH NAUGHT. By: /)7J1414i9 ANNE GOODNIG STATE OF FLORIDA COUNTY OF COLLIER The foregoing Ab'NIDAVIT w acknowledged before me this /Z who day has October, by ANNE GOODNIGHT[hho is personally known to me,or[ ] provided as identification. (SEAL) N,pta)y Pa lit-$tats of FI rider �V( Ark a lei Printed Name NAAFIS/1117M v06 NOTARY PFBLUfr9'PAT OF FLORIDA Maudie L. Sage Commission#DD395108 F,xpires= MAL 22, 2009 Bonded Thru Atlantic Bonding Co.,Inc. AFFIDAVIT OF WILLIAM H.DOUB STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments,personally appeared this 14.11day of October 2007,WILLIAM H.DOUB,who, after being duly sworn,deposes and states as follows: n / 1. My name is William H.Daub and my address is 31.7 y ,lie e J 04,44.1.T Rte :etk_Sr Immokalee,FloridaPil y Z 2. I was born on 2:.- i I b and have continually lived in Immokalee,Florida since r 4-7 3. I have owned a business in Immokalee,Florida since /°I/)s and am a current business owner in Immokalee. 4. I am of good mind and sound health and have a strong recollection of the history of Immokalee,Florida. 5. I was a Collier County Commissioner from approximately 1960 to 1964. 6. During the time I have lived in Immokalee,Florida I have known of the existence of the mobile home park located at 1101 Alachua Street in Immokalee, Florida (hereinafter"Mobile Home Park")since the mid 1950s. 7. It is my recollection that the Mobile Home Park, originally known as Shell's Mobile Home Park and now known as Blocker Mobile Home Park, has been in perpetual existence and utilized as a mobile home park since the 1950s as stated above. 8. I recall that the Mobile Home Park survived Hurricane Donna in 1960 and continued its use as a mobile home park. FURTHER AFFIANT SAYETH NAUGHT. t By. A . I i AA. .w .4_6l_ WILL H.DOUB STATE OF FLORIDA COUNTY OF COLLIER The foregoing AFFIDAVIT was acknowledged before me this I I'ti day of October, 2007,by WILLIAM H. DOUB [ �o ism wally known ot— ,or [ ]who has provided as identification. /sQ'r% 1W h1'4 l2 /J ,` 107 F , �; l % S M a ams Expires Ct February 272010 OF P•maamae Tmy Fan•Munroe.Inc.0013067010 , 1• Z BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT Complainant, OGC CASE NO. 07-1269 vs. JESSIE HUDGINS, THE DORSEY CURTIS RATLIFF TRUST, JERRY BLOCKER, and KIMBERLEA BLOCKER, Respondents. CONSENT ORDER This Consent Order is entered into among the State of Florida Department of Environmental Protection("Department")Jessie Hudgins, the Dorsey Curtis Ratliff Trust,Jerry Blocker and Kimberlea Blocker("Respondents")to reach settlement of certain matters at issue between the Department and Respondents. The Department finds and the Respondents admit the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to administer and enforce the provisions of Chapter 403, Florida Statutes ("Ha.Stat."),and the rules promulgated thereunder,Title 62,Florida Administrative Code ("Fla. Admin. Code"). The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent Jessie Hudgins is a natural person who operates an automotive dismantling and recycling business on a parcel of real property located at 106 Dixie Avenue East, Immokalee,Collier County,Florida. 3. Respondent Dorsey Curtis Ratliff Trust owns the property underlying the Charlotte Street right-of-way and the westerly 40 feet of the Broward Street right-of- way. 4. Respondents Jerry and Kimberlea Blocker are natural persons who own the property underlying the easterly 40 feet of the Broward Street right-of-way. 5. Respondents Jessie Hudgins, the Dorsey Curtis Ratliff Trust,Jerry Blocker and Kimberlea Blocker are persons within the meaning of Sections 403.031(5) and 403.703(22),Florida Statutes. 6. Department inspections conducted on September 26,2006 and January 4, 2007 revealed that between 20,000 and 40,000 waste tires and incidental solid waste are located in Immokalee,Collier County,Florida on the undeveloped rights-of-way platted as Charlotte Street and Broward Street abutting Strap No. 520300 47 11E34 to its north and east(hereinafter "Property"). An aerial photograph of the Property is attached and hereby incorporated as Exhibit I. 7. The Department finds that the following violations occurred:• a. Respondents have not obtained a Department permit to store waste tires on the Property,in violation of Fla. Admin. Code Rules 62- 701.300(1)(a) and 62-711.400(1). 2 b. The waste tires are stored within 200 feet of a natural or artificial body of water, in violation of Fla. Admin. Code Rule 62-711.540(3)(a). c. Respondents have not provided for control of mosquitoes to protect the public health and welfare,in violation of Fla. Admin. Code Rule 62-711.540(1)0). d. Respondents have not kept the Property free of grass, underbrush, and other potentially flammable vegetation at all times,in violation of Fla. Admin. Code Rule 62-711.540(3)(f). e. Respondents have not complied with the waste tire storage requirements set forth in Fla. Admin. Code R. 62-711.540. 8. Having reached a resolution of the matter the Department and the Respondents mutually agree and it is, ORDERED: 9. Respondents shall not bring any additional waste tires or solid waste onto the Property. 10. Respondent Jessie Hudgins shall comply with the following corrective actions within the stated time periods: a. Respondent shall forthwith comply with all Department rules regarding solid waste management and waste tire storage. Respondent shall correct and address all violations in the time periods required below and shall comply with all applicable rules in Fla. Admin. Code Chapters 62-701 and 62- 711. 3 b. Within 180 days of the effective date of this Consent Order, Respondent shall properly recycle or dispose of all waste tires on the Property. All recycling or disposal shall be at a facility permitted or registered by the Department. Respondent shall submit receipts verifying proper disposal or recycling to the Department within fifteen(15) days of removing the waste tires from the Property. The waste tire removal shall be in accordance with the waste removal schedule,attached and hereby incorporated as Exhibit II. All waste tires and incidental solid waste shall be removed from the Property within 180 days of entry of this Consent Order. c. Respondent shall segregate,and properly manage and dispose of, any incidental solid waste encountered while removing the waste tires. If any special waste,such as used oil or lead-acid batteries is discovered,Respondent shall promptly notify the Department and shall store and dispose of the waste in accordance with the applicable rules and statutes. d. The Department will not require Respondent Jessie Hudgins to obtain a general permit to operate mobile waste tire processing equipment on the Property as long as Respondent performs the tire abatement in compliance with the terms of this Consent Order. 11. Respondents Jerry and Kimberlea Blocker shall remain liable to the Department for removal of the tires and incidental solid waste on the easterly 40 feet of the Broward Street right-of-way if Respondent Jessie Hudgins fails to perform the tire abatement in accordance with Paragraph 10 of this Consent Order, except that in the 4 event of any failure of Respondent Jessie Hudgins to perform as required by this Order, Respondents Jerry and Kimberlea Blocker will be afforded immediate notice thereof by the Department, and upon providing written notice to the Department within ten(10) days after receipt of such notice then Respondents Jerry and Kimberlea Blocker may elect to assume such responsibility and thereafter timely perform such remaining waste removal in accordance with this Order as to the easterly forty feet(40') of the Broward Street right-of-way. 12. The Department shall perform inspections at regular intervals to monitor the progress of waste removal from the Property. If any waste removal deadline is not met,the Department will notify all Respondents in writing,and ALL waste tires must then be removed in a manner approved by the Department within thirty (30) days of receipt of such notification. 13. In the event that Respondent Jessie Hudgins fails to meet any deadline for removal of tires from the Property in accordance with Paragraph 10 of this Consent Order,and Respondents Jerry and Kimberlea Blocker do not elect to assume such responsibility to perform waste removal as to the easterly forty feet(40') of the Broward Street right-of-way,Respondents Jessie Hudgins,the Dorsey Curtis Ratliff Trust,Jerry Blocker and Kimberlea Blocker agree to allow the Department access to the Property to initiate site stabilization and abatement,with the understanding that the Department will seek cost recovery from the Respondents for site stabilization and/or abatement activities conducted by the Department or its designated contractors,except that Respondents Jerry and Kimberlea Blocker shall have proportionate responsibility for 5 only such costs as may specifically arise from,and pertain to,the easterly forty feet (40') of the Broward Street right-of-way. 14. Within thirty (30) days of the effective date of this Consent Order, Respondent Dorsey Curtis Ratliff Trust shall pay the Department$1,000 for costs and expenses incurred during the investigation of this matter and the preparation and tracking of this Consent Order. Payment shall be made by check payable to the"State of Florida Department of Environmental Protection" and shall include thereon the OGC case number assigned to this case and the notation"Ecosystem Management and Restoration Trust Fund." The payment shall be sent to Department of Environmental Protection,P.O. Box 2549,Fort Myers,Florida 33902-2549. 15. If any event,including administrative or judicial challenges by third parties unrelated to the Respondents,occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondents shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondents and could not have been or cannot be overcome by Respondents' due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondents,nor shall the failure of a contractor,subcontractor,materialman or other agent(collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondents,unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for 6 delay,Respondents shall notify the Department orally within 24 hours or by the next working day and shall,within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay,the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondents intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondents,the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondents to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondents' right to request an extension of time for compliance with the requirements of this Consent Order. 16. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right,pursuant to Sections 120.569 and 120.57,Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received)at the Department's Office of General Counsel,3900 Commonwealth Boulevard, MS-35, Tallahassee,Florida 32399-3000,within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver 7 of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name,address,and telephone number of each petitioner;the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c)A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner,if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner,stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed,the administrative hearing process is designed to formulate agency action. Accordingly,the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received)within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department.Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,Florida Statutes, and to 8 participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57,Florida • Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573,Florida Statutes,before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondents,the Department,and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in(received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee,Florida 32399-3000,within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names,addresses,and telephone numbers of any persons who may attend the mediation; 9 (b) The name, address,and telephone number of the mediator selected by the parties,or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session,if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement;and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed,and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573,Florida Statutes,the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes,for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute,the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance 10 • with the requirements for such petitions set forth above,and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute,the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57,Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 17. Entry of this Consent Order does not relieve Respondents of the need to comply with applicable federal,state or local laws,regulations or ordinances. 18. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121,Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b),Florida Statutes. 19. Respondents are fully aware that a violation of the terms of this Consent Order may subject Respondents to judicial imposition of damages,civil penalties up to $10,000 per day per violation and criminal penalties. 20. Respondents shall allow all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 11 21. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection,Waste Program,P.O. Box 2549, Fort Myers,Florida 33902-2549. 22. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order,including but not limited to undisclosed releases,contamination or polluting conditions. 23. The Department,for and in consideration of the complete and timely performance by Respondents of the obligations agreed to in this Consent Order,hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations outlined in this Consent Order. 24. Respondents acknowledge and waive their right to an administrative hearing pursuant to Sections 120.569 and 120.57,Florida Statutes, on the terms of this Consent Order. Respondents acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68,Florida Statutes,and waive that right upon signing this Consent Order. 25. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by Respondents and the Department. 26. In the event of a sale or conveyance of the Property,if all of the requirements of this Consent Order have not been fully satisfied,Respondents shall,at least 30 days prior to the sale or conveyance of the Property, (1) notify the Department 12 of such sale or conveyance, (2) provide the name and address of the purchaser,and(3) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the Property shall not relieve the Respondents of the obligations imposed in this Consent Order. 27. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities that may arise under Florida law,nor is it a settlement of any violation that may be prosecuted criminally or civilly under federal law. 28. Respondents shall use all reasonable efforts to obtain any necessary access for work to be performed in the implementation of this Consent Order. If necessary access cannot be obtained, or if obtained, is revoked by owners or entities controlling access to the properties to which access is necessary,Respondents shall notify the Department within five (5)business days of such refusal or revocation. The Department may at any time seek to obtain access as is necessary to implement the terms of this Consent Order. The Respondents shall reimburse the Department for any damages,costs, or expenses, including expert and attorneys fees,that the Department is ordered to pay, or that the Department incurs in connection with its efforts to obtain access as is necessary to implement the terms of this Consent Order. Respondents shall pay these sums to the Department or arrange a payment schedule with the Department within 30 days of written demand by the Department. 13 29. This Consent Order is a final order of the Department pursuant to Section 120.52(7),Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. JESSIE HUDGINS DATE DORSEY CURTIS RATLIFF TRUST DATE Title: JERRY BLOCKER DATE KIMBERLEA BLOCKER DATE DONE AND ORDERED this day of 200 in Fort Myers,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon M. Iglehart Director of District Management 14 FILING AND ACKNOWLEDGEMENT FILED,on this date,pursuant to §120.52 Florida Statutes,with the designated Department Clerk,receipt of which is hereby acknowledged. Clerk Date 15 • Prmt.Map Page 1 or 2 EXHIBIT I • • • ©2004.Collier County Property.Appraiser.While the Collier County Property. Appralser is oanmi#ed.te pros for the data het+ein,Its uses h tt JI maps.cc111pprasercom/web iap/napzrintasP x2h t1e°&ortent=LANDSCAIEtkpa.,. 10/112007. EXHIBIT II Schedule and Plan for Removal and Proper Disposal of Unauthorized Solid Waste Activity Time Frame Remove all cars, tires, and incidental solid waste from 21 days from effective date of the 40 foot eastern right-of-way, extending from the Consent Order transformer to the western fenceline on the northern property boundary. Properly recycle or dispose of the waste tires removed 90 days from effective date of from the 40 foot eastern right-of-way, extending from Consent Order the transformer to the western fenceline on the northern property boundary, and recycle or dispose of the scrap metal removed from this area. Remove all cars,tires, and incidental solid waste from 120 days from effective date of the 40 foot eastern right-of-way, extending from the Consent Order transformer south to Dixie Avenue. Properly recycle or dispose of the waste tires removed from this area, and recycle or dispose of the scrap metal removed from this area. Remove all cars,tires, and incidental solid waste from 180 days from entry of Consent the western right-of-way, extending from the northern Order fence line to Dixie Avenue. Properly recycle or dispose of the waste tires removed from this area, and recycle or dispose of the scrap metal removed from this area. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. John Farrell., Respondent(s) John Farrell, LLC (Registered Agent), CEB No. 2007-82 DEPT No. 2007070516 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-15 Deed 16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-82 Dept. Case No. 2007070516 Plaintiff, vs. JOHN FARRELL, Respondent JOHN FARRELL, LLC REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 2021 Pine Ridge Road, Naples, FL 34109 SERVED: John Farrell, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-82 vs. DEPT CASE NO.2007070516 JOHN FARRELL JOHN FARRELL, LLC, AS REGISTERED AGENT Respondent(s) MONTRACHET, LLC KEITH C.BOUDRIE,AS REGISTERED AGENT(BUSINESS) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s04-41,The Land Development Code, sections, 10.02.06 [B][2][a], 10.02.06 [B][2][d][ix] and 2004-58,The Property Maintence Code,sections, 16[2][j]. 2. Description of Violation: Erection of signs without County permits. 3. Location/address where violation exists: 2021 Pine ridge Road, Naples, Fl 34109 (folio 00243680009). 4. Name and address of owner/person in charge of violation location. John Farrell, L.L.C., 580 Williams Road,New Smyrna Beach,FL 32168. 5. Date violation first observed: October 20th,2006. 6. Date owner/person in charge given Notice of Violation: February 20th,2007. 7. Date on/by which violation to be corrected: March 151,2007. 8. Date of re-inspection: July 17th,2007. 9. Results of Re-inspection: Recurring Violation. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board forAiublic hearing. Dated this 23rd Day of July,2007 *VIA* _ e no , ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 23rd day of July ,2007 by : / .. Ai .I fign.' e o' ot. 'u.lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ,Kor produced identification Type of identification produced ,NiU'IAKY PUMA:-STATE UFFU1RIDt K.A. Van Sickle REV 3-3-05 r '11! =COME/iOD #DD61848f Expires. NOV 29,2011 BONDED THRU ATLANTIC BONDING CO..Twr 2 . Case Number 2006100642 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION K 'ner. JOHN FARRELL Date: 2/13/07 Investigator KITCHELL T. SNOil :S `- fio AS REGISTERED AGENT FOR: JOHN FARRELL,L.L.C. [PROPERTY OWNER] KEITH C BOUDRIE AS REGISTERED AGENT FOR: MONTRACHET,L.LC. [BUSINESS OWNER] Zoning C-5 Sec 11 Twp 49 Rng 25 Dist Mailing: 580 WILLIAMS ROAD Legal: 100 Block 80 Lot 000 NEW SMYRNA BEACH FL 32168 Subdivision 2021 PINE RIDGE ROAD NAPLES FL 34109 Location: 2021 PINE RIDGE ROAD Folio 00243680009 OR 2701 Page 1914 Book _ Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 05-55 and 97-35, as amended, you are notified that a violation(s) of the You are directed by this Notice to take the following corrective following Collier County Ordinance(s)and or PUD Regulation(s)exists at action(s) 1] OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS the above-described location. FOR DESCRIBED SIGN IF ATTAINABLE, OR REMOVE. REMOVE ANY SHADOWING CREATED BY THE REMOVAL OF SIGNS AS ElOrd No. 04-041,as amended Section 10.02.06[B[[2][a] STATED IN THE PROPERTY MAINTENANCE CODE FOR THE t1 Ord No. 04-041,as amended Section 10.02.06[B[[2][d] UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 2] [ix] CEASE PLACEMENT OF SNIPE SIGNS ALSO KNOWN AS PORTABLE SIGNS. ALL REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY Ord No. 2004-58 as amended Section 16[2][fl MUST BE OBTAINED WITHIN 60 DAYS AFTER THE ISSUANCE OF JOrd No. ,as amended Section AFTER THE FACT PERMITS. DOrd No. ,as amended Section CEASE ALL FUTURE PLACEMENTS OF ANY SIGNS OTHER THAN ❑Ord No. ,as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). FiSupplemental attached Did Witness: 2 -� ON 10/20/06 1 WALL SIGN HASKELLS WINE AND SPIRITS INSTALLED WITH OUT FIRST OBTAINING VALID COUNTY ON OR BEFORE: MARCH;53/4/ 2007 PERMITS.ALSO OBSERVED I- SNIPE SIGN,WINE TASTING TODAY WITH ARROW, PLACED IN ROW. THESE VIOLATIONS ARE Failure to correct violations may result in: CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE 1) Mandatory notice to appear in court or issuance of a citation that AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT may result in fines up to 5500 and costs of prosecution. OR CODE. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and riSupolemental attached costs of prosecution. X,% ED BY: ersonal Service ❑Certified Mail ❑Posting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW /I 40 if ii, _/ INVESTIGATOR 2800 No.Horseshoe Dr. Naples,FL 34104 Signature and Title of Recipient (239) 403-2314 F. •)403-2493 yYb Investigator signature !�`_ Print [� VIOLATION STATUS: Dated this v day of FEBRUARY 2007 ®lnitial ❑Recurring ❑Repeat -I -Notice of Violation Drioinal to File Corm to Recnnndent Cony for Site Pnctina Cony for Official Poctina Rev 3 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the - submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a Land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site -- development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. 7. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. -- C. Vegetation Removal permit requirements. 8.. 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 Manager or his designee have been obtained. These approvals may or may not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. iii. Reasonable additional information. The County Manager or his designee may require that the application include such additional information which is reasonable and necessary for adequate administration of this section. b. A site plan which includes: Property dimensions. ii. Location of existing infrastructure and alterations. iii. Location of proposed structures, infrastructure and alterations. iv. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. v. Designation of all protected vegetation proposed for removal. vi. Location and details of protective barricading of the vegetation to be retained. vii. Description of any proposed alteration of mangroves. viii. Description of any proposed maintenance trimming of mangroves. c. An executed statement which includes: Name, address, and phone of property owner. ii. Name, address, and phone of authorized agent and on-site representative. iii. Proof of ownership. iv. Legal description. v. Reason for proposed removal. vi. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. vii. Signature of property owner or copy of a specific contract signed by property owner. 3. Review procedures. a. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the County Manager or his designee, may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days. Mangrove alteration permits shall be valid for a period of five years from date of /Q, issuance, or date of issuance by the Florida Department of Environmental Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the County Manager or his designee. The County Manager or his designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. b. Denial of permit. In the event an application is denied by the County Manager or his designee, the reason(s) shall be noted on the application and returned promptly. c. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee as established by resolution of the Board of County Commissioners. 1/• A 2.3 45849 ` ORDINANCE NO.2604-5 ESTABLISHING A PROPERTY IMAINTENANCE CODE FOR THE UNINCORPORATED AREA jr.e'e . tZa6s• OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING • FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDINGVID FOR R INSPECTION OF STRUCTURES AND P E;; PROVIDING G FOR NOTICE OF VIOLATION PROCEDURES; BUILDINGS; A METHOD FOR DESIGNATING HAZARDOUS PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS 1 BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR.ABATEMENT TIOT1' ED BY COUNTY; WHEN ABATEMENT PROVIDING FOR THE"' VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING -, FOR NUISANCES; PROVIDING STANDARDS FOR SECURING �T r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ��; 12g -n THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING cnIz•-' N co� ca FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING rn COLLIER COUNTY ORDINANCES 76-70,89-06, 96-76 AND 99- [T,c.") 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL =`y-'. N CONSTRUCTION; PROVIDING FOR INCLUSION IN THE �°r i — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. • WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County,and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use clue to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS,experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 /"? r se certified by the Housing Official for cotre`ting the 2. If the owner believes that the expense hazardous condition is excesive,he may appeal the amount e med by filing a written notice of appeal with the County Manager,with a copy to the Housing Official.within ten(101 working days after the notice of arse silent The owner may then appear before the Board and present facts supporting his position Thereafter,the decision of the Board shall be final. payable for 3. The Property Appraiser shall keep complete records relating to the amount pays liens,above described.and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens_ SECTION FOURTEEN: NOTICE FOR TEE VACATION QF HAZARDOUS BUILDINGS dangerous or hazardous building exists,to the extent that it causes danger of imminent peril If a dang g to be vacated_to life and health,the Code Enforcement Board or Special Mas may order the building f a. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY IYL&.INTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a mariner so as not to violate the provisions of this Ordinance,a and such owner r �hs liable for violations thereof regardless of any contract or agreement with any party property SECTION SIXTEEN: RESPONSIBILMES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS.VACANT STRUCTURES.AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: insect-proof,and in good a. All nonresidential structures shall be watertight,weather-tight, Pm repair. weather-tight and b. Every foundation,exterior wall and roof shall be reasonably watertight rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware_ f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition.free from defect,leaks,and obstruction- h. Every toilet.restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 (3 i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition- }. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commerial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on rdjacent properties m. Landscaping maintenance. Whire landscaping plans have been specifically incorporated and apps uved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the braiding and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 /if l c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for arcs designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance_ f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin_ g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All sigris must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. I. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not Iimited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. L No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or struchrre or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor;upon 19 /5. Seauszteekeef zaY eaai.:Ms) WARRANTY DEW MOM/TO INIMVIQ Metropolitan Title I. Guaranty Co • 2666163 OR: 2701 PG: 1914 4099 Tantitunl Trail North, 2nd Fl RECORDID in OFFICIAL WORDS of COLLIIR Corny, FL Nelms, Florida 34103 41/24 12099 It 04:5Thlt bills T U. MCI, CLiti Yhif ftemndby: Maria Tiedemann COL5 1950040.00 Metropolitan Title & Guaranty Co RIC Mil ECG DOC-.70 13SO.00 A90tee: 4099 Tamiami Trail North, 2nd Fl tart: Naples, Florida 34103 M[T1OPO1Iill SITU{ 1 GOAIASYI Pewee Appellees Marcel tdeioa(Folio)Nurseri(e)s PIC[ UP 00243680009 Orratan)Wet SSACE ABOVE MS UK FOR PROCESSING DATA ... SPACE ABOVE THIS LINE POa RECORDING DATA • This Warranty Deed Made the 14th day of July A.D.2000 by 1. 11 Clara E. Valdes, a single person, n/k/a Clara E. Beron, a single person bereinaftercaUeddsogranun,to John Farrell r.L.c, a Minnesota Limited Liability company ' whose pw4 otYree addreae ie 1785 Emerson Avenue S. Minneapolis, MN 55403 i hereinafter called tbc grantee:I'. (Whwaver,os tower w ern°p,ewr e4'Frw°laws.all Ow pones w me holunetorst rut the tier.heal emcee are a and seise of i inn:irk rod the euee*mn sd nsis s of exep stionel Witneflueth That the grantor,for and in consideration of the sum of! 10.00 and other valuable considerations. receipt whereof is hereby acknowledged.hereby grants.bargains. sells, aliens.remiaee, rel eases,conveys and confirms unto the grantee all that certain land situate in Collier Commty,Sndeof Florida .viz: The East 100 feet of the West 200 feet of the South 310 feet of the West 112 of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 11, Township 49 South, Range 25 East, L a South 50 feet thereof for right of way, said lands situate, lying ...- nC -7.. ,lier County, Florida. Qr ; \ . l� t . . �� • Subject To OOVenloLl, ,ups=, , 1 easements and agreements of record, irony,tames and assessments for■., .••,a aid .'; ; r�^tea id t iil,tipplicable zoning ordinances andhx rastrieti an and • !1,t,•a author•- if an Together, with all the itatnent and j " e. / ~ Longing or in anywise appertaining. To Have and to Hold, the s m m simple forever.er. L And the grantor hereby covenants\witHsaai melee that-Plc d" lawfully seized of said land in fee simple;that the grantor has good right and ' Vjel d convey said land,and hereby warrants the tide t o asid land and w i l l defend the same a g a i n s t t . ' ,. of all persona. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. sealed delivered in the presence of Aar g n 1 A -.."' - agi •\) b- k\'I) %� �P• t o sap.er. Clara E. Valdaeu/'fa Clara A. Heron r,o.noay. V ginia Susan Craig !noes L...._ Sip*" P.O.Addi.ne lls.eras . SiOrae. P.O.A+e` Rtpr Of P.O.Ade... ap. vn m ar /01 -904caer A•4111ntl City of Marseille 4111TA7EOtt'ontutlte ("nnanl ef the .„,„oeousrry acted States of America I IIUsUY CERTIFY that ue this day,before me.as officer duly authorized in the State aforesaid and in the County aforesaid to take ftWolibliNNLAKOmfiblVand Clara Z. Valdes el US PPT & a Florida driverti lisante ' ' (rdanseedby wmisd Ile beoesise irn,.. e.W t:. p d�-d,�yy ammo)to me term n b fx the poser 8aeaibed"r sad WfTPRIS ay laid sad Weill Ili/Y i c• ael°1°aa16de0d tL;kre rgv.dsst She eul July the rue. tl�caal��xl'� � tt1 Ayer Ju1v .�.n. zaaa .s, ixiiirete_ `Poly Coranalsbas MOW: rode f initelp °( , rprpre ,., �• GF 4 00-01-0228 „t' ''...-.I-��lw:ul;. 4.. Mr.'-.LV COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. E'S Country Store, LLC, Respondent(s) Burton Eisenbud, Registered Agent CEB No. 2007-96 DEPT No. 2006120386 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-9 Deed 10-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-96 Dept. Case No. 2006120386 Plaintiff, vs. E'S COUNTRY STORE, LLC BURTON EISENBUD, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 14344 Immokalee Road SERVED: Es Country Store, LLC Burton Eisenbud, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-96 vs. DEPT CASE NO.2006120386 E'S COUNTRY STORE,LLC BURTON EISENBUD As Registered Agent for: Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 5.06.04[C][8][b],5.06.04[C][8][c],5.06.04[C][8][d] and 5.06,04[C][8][e]. 2. Description of Violation: Sign installed with out obtaining proper permits and did not obtain all inspections and CO(certificate of completion)within 60 days of ATF permit issuance. 3. Location/address where violation exists: 14344 Immokalee Rd(folio 76422000065) 4. Name and address of owner/person in charge of violation location: E's Country Store,LLC,Burton Eisenbud, as Registered Agent for:21246C Clubhouse Drive,Boca Raton,Fl 33434. 5. Date violation first observed: December 12th,2006. 6. Date owner/person in charge given Notice of Violation:April 7th,2007. 7. Date on/by which violation to be corrected:April 30th,2007. 8. Date of re-inspection: August 10th,2007. 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board sapublic hearing. Dated this 29th Day of August,2007 � 11 - � 4 T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 29th day of August , 2007 by ign. e o otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification/produced T1 NOTARY PUBLIC,- a , ,.,.,,,, K.A. 'Iv ui ECOIDffiSSIOt IDTWri4,0 REV 3-3-05 . Expires ::ii: i.9,0 1( BONDEDTHRUATLANT.' ,O .L)C 2 . Case Number 2006120386 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION r BURTON EISENBUD Date: 3/20/07 Investigator KITCHELL SNOW Phone: 239-403-2493 AS REGISTERED AGENT FOR: f> E'S COUNTRY STORES,LLC q/ [PROPERTY OWNER] `hc zy- BURTON EISENBUD F. AS REGISTERED AGENT FOR: - E'S COUNTRY STORES,LLC [BUSINESS OWNER] Zoning PUD Sec 23 Twp 48 Rng 27 Dist piling: 21246-C.CLUBHOUSE DRIVE Legal: 1336 Block Lot BOCA RATON FL 33434 Subdivision 21246-C.CLUBHOUSE DRIVE . BOCA RATON FL 33434 -, cation: Folio 76422000065 OR 3328 Page 1902 14344 IMMOKALEE RD Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. ORDER TO CORRECT VIOLATION(S): 05-55 and 97-35, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at You are directed by this Notice to take the following corrective the above-described location. action(s) (1, 2, 3) OBTAIN PROPER COUNTY PERMT(S) FOR SAID SIGN(S) Ord No. 04-041,as amended Section" 5.06.04[C][8][b] AND/OR REMOVE. ALL INSPECTIONS AND CERTIFICATE OF Ord No. 04-041,as amended Section 5.06.04[C][8][c] OCCUPANCY (CO) MUST BE COMPLETED WITHIN 60 DAYS OF ISSUANCE OF AFTER THE FACT PERMITS FOR SAID SIGNS. (4) I( —" REPAINT CANOPY TO COMPLY WITH CURRENT ORDINANCE " �o. 04-041,as amended Section 5.06.04[C][8][dj o. 04-041,as amended Section 5.06.04[C][8][e] WITH SOFT EARTH TONES OR PASTELS.(5) REMOVE ADVERTISING FROM ABOVE/AROUND GAS PUMPS. , as amended Section CEASE ALL FUTURE PLACEMENTS OF SIGN(S) OTHER THAN ,slo_ _ , as amended Section THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. ,ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). f)Supplemental attached Did Witness: ON 12/12/2006 ( 1) 1 — POLE SIGN CITGO ALTERED PRIOR TO OBTAINING PERMIT(S) (2) CORPORATE LOGO CITGO'AFFIXED TO ON OR BEFORE: APRIL 30TH, 2007 GAS CANOPY WITHOUT PERMIT(S) (3) CORPORATE LOGO CITGO DIESEL AFFIXED TO 2ND CANOPY WITHOUT PERMITS, (4) CITGO CANOPIES HAVE MULTI COLORED ACCENT BANDING WHICH IS PROHIBITED BY CURRENT CODE. (5) ADVERTISING ABOVE GAS Failure to correct violations may result in: PUMPS. VERBAL REQUESTS HAS NOT RESULTED IN 1) Mandatory notice to appear in court or issuance of a citation that COMPLIANCE. may result in fines up to$500 and costs of prosecution. OR THIS IS CONTRARY TO THE COLLIER COUNTY LAND 2) Code Enforcement Board review that may result in fines up to DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLANCE $1000 per day per violation, as long as the violation remains, and WITH CURRENT CODE. costs of prosecution. fISupplemental attached SERVED BY: ['Personal Service ['Certified Mail ❑Posting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: Signature and Title of Recipient 2800 No.Horseshoe Dr.Naples, FL 34104 9) 403-2493 ax: )403-2324 Print ,stigator signature Dated this 2 day of MARCH 2007 VIOLATION STATUS: ®INITIAL ['RECURRING ❑REPEAT • 3 . • - _ -. .. . .. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign,L) item 4 if Restricted Delivery is desired. I�� " S ❑Agent • Print your name and address on the reverse 1�� ❑Address so that we can return the card to you. by(Printed Name) C. D. - .f•e ve D Attach this card to the back of the mailpiece i I or on the front if space permits. D. Is delivery address different from item 1? ❑ e- 1. Article Addressed to: If YES,enter delivery address below: ❑ No E'S COUNTRY STORES LLC BURTON EISENBUD, R/A 2146-C CLUBSIDE DR BOCA RATON, FL 033434 1 SeyiceType )73.Qertified Mail ❑ Express Mail Case Nbr - 2006120386 ❑Registered ❑Return Receipt for Merchandi ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7006 2150 0005 6165 0806 WV/K.,5( 3 PS Form 3811,February 2004 Domestic Return Receipt fr 3 .(TT 102595-02-M-1 U.S. Postal Service, CERTIFIED MAIL RECEIPT -.O (Domestic Mail-Only No Insurance Coverage Provided) 'C For delivery information visit our website at www.usps.com,r; ❑ :17, rk A S E uI ra Postage $ Certified Fee Postmark D Return Receipt Fee ED (Endorsement Ranidma■ Here Rest+ (Endo! E S COUNTRY STORES LLC trl BURTON EISENBUD, R/A r-R Total 7146-C CLUBSIDE DR. ru BOCA RATON, FL 033434 Sent Ti =-I street, Case Nbr - 2006120386 r- or PO 1 City,State,ZIP+4 "r*G t* `e ti€f s--i 5.06.00 SIGNS rags / VI LI shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- -- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. (Ord. No. 04-72, § 3.U) 5.06.04 Sign Standards for Specific Situations A. Real estate signs: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign with a maximum area of twelve square feet in size per streetfrontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign with a maximum 32 square feet in size, per streetfrontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum of 64 square feet in size, per streetfrontage for each parcel or lot in excess of ten acres in size. A building permit is required. 4. Real estate signs shall not be located closer than ten feet from any property line. In the case of undevelopedparcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel one to ten acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 http://library1.m inicode.com/mcc/DocView/13992/1/36/42 1/11/2007 . J!"' D.VO.VV 31L71N■ 1 L1 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancyparcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along anarterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancyparcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : a) No portion of the ground sign may be located closer than 10 feet from any property line; http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 a 5.06.00 StUN S b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 7 5.06.00 SIGNS ragc LV VI GL iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancyparcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 aF 5.06.00 SIGNS over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under- canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise,accent lighting , back lighting and accent striping are prohibited on canopy structures. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the- sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e. Signage, logos, advertising and information are prohibited above gas pumps. y f. Wall signs: As allowed in section 5.06.04 C.4 of this Code. g. Signs: As allowed in this section of the Code. 9. Signswithin planned unit developments (PUDs). Pursuant to the purpose and intent http://library1.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 / 3136472 OR: 3228 PG: 1902 RICORDID in OFFICIAL RICORDS of COLLIIR COMITY, FL 02/2812003 at 08:35A1 HIM I. BROCI, CL11I COLS 5425000.00 Prepared by and Return To: RIC PII 1 f.00 Gregory L.Urbancic DOC-.70 37975.00 Goodlette,Coleman&Johnson,P.A. Attn: 4001 Tamiami Trail North,Suite 300 GOODLIt?I COLIKAI It AL Naples,Florida 34103 4001 TAKIAKI Ti I #300 IAPLIS FL 34103 WARRANTY DEED 3 THIS WARRANTY DEED,made on the c.7 day of February,2003,between G.J.R.OF NAPLES, INC., a Florida corporation ("Grantor"), and E'S COUNTRY STORES, LE.C, a Florida limited liability company("Grantee")whose post office address is 2 I46-C Clubside Drive, Boca Raton,Florida 33434. .- C ) Grantor,for and in conside to'• • '•' ; e sum • w` " .■• 1 00/100 DOLLARS($10.00)and other good and valuable consid :t • • to Grantor in hand ••, Grantee, the receipt whereof is hereby acknowledged,has .i ted • -t and sol• to the id ' rantee and Grantee's heirs and assigns forever,the following'd• Jib-id-11147 ,s'•• •te,lyi g and bein,.in the County of Collier,State of Florida, to wit: ` SEE EXHIB T u -j, ORPORATED HEREIN Property lD Nos. 64711. t d 37280040002. 40 Subject to: (a) real property a `.i!: taxes for the year 2003 and subsequent years; (b) special assessmen s evied by governmental authority; (c) zoning, building code and other use restrictions imposed by a governmental authority; (d) outstanding oil, gas and mineral interests of record, if any; and (d) restrictions and easements common to the subdivision, if any. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey this land;that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever. Warranty Deed Page l of 3 /c2` OR: 3228 PG: 1903 IN WITNESS WHEREOF,the Grantor has hereunto set his or her hands and seal the day and year first above written. Signed, sealed, and delivered Grantor: in the presence of: G.J. R.OF NAPLES, INC.., a Florida corporation t 0, Witness1 -_`_e O. Risher,President Print Name: aio r L _ Uriu:c,,- -R , Witness V 1 Print Name:_,P ,:a A +0► t \ \, STATE OF FLORIDA ( (inn F COLLIER pi? \ COUNTY O � � i The foregoing Warren ( was acknowled:._ . o in this ZTiay of February,2003 by George O. Risher, as Pres flit G.J. R. OF NA' C.,a Florida corporation,on behalf of the corporation, who is - ,- own . .<_ ' 4 i VA I It. kil.. Notary Public4 Print Name: My Commission Expires: (Seal) , ::':•':;I. BRANDY&RA I% ' r * MY CO SS N I DO 15p76 • AA EXPIRES:February 18,2007 4'E a tratd Thy Bola Nary Br.ko Warranty Deed Page 2 of 3 i _ _ _ _ //, * OR; 3228 PG; 1904 PROPERTY Parcel I The North 245.00 feet of the West 380.00 feet of parcel 1,Less and excepting the West 25.00 feet thereof,ORANGETREE UNIT THREE,CITRUS GREENS SECTION,PHASE 1-A,according to the Plat thereof,recorded in Plat Book 14,Page 121,of the Public Records of Collier County,Florida,and LESS AND EXCEPT that portion of the property described in that certain Order of Taking recorded in Official Records Book 3111,Page 557, Public Records of Collier County,Florida. Parcel 2 The South 330 feet of Tract 1,Golden Gate Estates,Unit No. 14,according to the plat in Plat Book 7, Pages 73 and 74,Public Records of Collier County,Florida. (lIC 0 7111( : I E C1,1 - EXHIBIT"A" Warranty Deed Page 3 of 3 /2 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jaime Lam, Don Le and Linh Lam., Respondent(s) CEB No. 2007-106 DEPT No. 2006031099 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 Deed 4 5 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-106 Dept. Case No. 2006031099 Plaintiff, vs. JAIME LAM, DON LE, AND LINH LAM, Respondent / NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 3580 1st Avenue SW SERVED: Jaime Lam, Don Le, and Linh Lam, Respondent Inv. Jen Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CEB CASE NO.2007-106 DEPT CASE NO.2006031099 Jaime Lam,Don Le, and Linh Lam,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance 04-41 as amended of the Collier County Land Development Code Section 03.05.01(B) 2. Description of Violation: Vegetation removed over the allowable one acre without obtaining the proper permits. 3. Location/address where violation exists: 3580 1st Ave SW Naples,FL 34117 4. Name and address of owner/person in charge of violation location Jaime Lam, Don Le and Linh Lam 3580 1st Ave SW Naples,FL 34117 5. Date violation first observed:3/29/06 6. Date owner/person in charge given Notice of Violation: 3/30/06 7. Date on/by which violation to be corrected:4/28/06 8. Date of re-inspection: 8/16/07 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 12th day of September, 2007 i'f-'Waldron STATE OF FLORIDA ode Enforcement Investigator COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this clay of . -0,p /VdDI A ,2007 by c1zruk r 1 1dL(62 . •ignature o Notary Public) (PrintlType/Stamp Commissioned Personally known Name of Notary Public) Y or produced identification Type of identification produced NOTARY T T= �.STA 1 Or ORIDA r - . arcia NOTARY PIA L?r•S TA T F OF FLORDA3 'Com , _ :, -01305 o\ui1 liYi: ... o w co.,INC. , . nirley M. Garcia REV 3-3-05 `Commission#DD501305 F'pires: DEC.21,2009 r:11■ A;L 2 r1c BONDING co.,INC. 2. _ ,„, 7-- , sc....kt---) ( ,) COLL NOTICE OF ORDINANCE VIOLATION ON AND ORDER TO CORRECT TO:Lain,Jaime:Le,Don: Lam,Linh,Owners 3 580 1 S`Ave SW ORDER TO CORRECT VIOLATIONS : Naples,FL 34117 You are directed by this Notice to take the following corrective action(s) LOCATION OF VIOLATION(LEGAL AND ADDRESS) IMMEDIATELY: Conduct no further ve Within Collier County Zoning District: etation removal. Sec I Twn 49 Rng 26 Subd And Submit a miti•ation plan pursuant to Ordinance 04-41 as BIk Lot Parcel Of Collier County Record. Property ID: 36763680003 amended Sec. 10.02.06E 3 PUD Tract co attached . Unit SDP Replacement ve•etation shall meet standards for OR 3001 Page 2771 : OR Page restoration in accordance with Code Section 3.05.07. Plants shall be installed 15 days after a royal of AKA(Address) 3580 15` Ave SW,Naples,FL 34117 mitigation lan NOTICE ON OR BEFORE: 28th April 2006 Pursuant to Collier County Code Enforcement 4 oard (CIEB) Ordinance No. d5-55 and 97-35, as amended,you are PENALTIES MAY BE IMPOSED notified that a violation(s) of the following Collier County 1) Mandatory notice to supear in fines or issuance per a Ordinance(s) and or PUD Regulation(s) exists at the above- violation. that may result in fines up to $500 per described location. violation. 2) Code Enforcement Board review finds a violation Ord No. 04-41 as amended Section 3.05.01 B exists, a maximum fine of$1000.00 per day in the case Ord No. O of a first violation., as long as the violation remains, Section and costs of prosecution. Ord No. Section SERVED BY: —D#s: Regulations: Personal Service ❑Certified Mail []Posting of Property I, !/j(/ Sections: HEREBY acknowledge Dated: that I have received, read, and understand this notice of violation. DESCRIPTION OF CONDITIONS CONSTITUTING TIIE / VIOLATION(S). Signature anti Title of Recipient Did Witness: Ve•etation removed over allowable 1 acre without re•aired Prints rCf/�/(y- permits. Dated this 30th day of March INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE 2006 .Ten Waldron Reference case number: 2006031099 ENFORCEMENT INVESTIGATOR 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax:(239)403-2343 Investigator signature / , Gl/d/L__- VIOLATION STATUS: Initial DRecurring ORepeat 3.. _ . LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Is Mk uaranty Agency,tae. *> >r 2950736 OR: 3001 PG; 2711 >r>; 3 Trial Md. 11CO1DID 11 OIIIC2AL LIMBS of COLLII[ NAPLES,FL 03/11/2112 it 12:13?%rsace HIGH I, heft, CIIII fL incidental to the Itw of tith insurance policy. cons 271101,01 Fib Number:1 erAbia Parcel ID N:36743411•13 DC III 1.01 — Gnus)SS K: 5Ld4.217! IMDIIIIG 2.00 WARRANTY DEED btu DOC•.10 !!lb.Pb (INDIVIDUAL) ISLAID TIM GDAWA1TT AGIMCT I ?ICI UP This WARRANTY DEED,dated 13/17/12 bY Jai.Trapass.Ma Jan 1.Palmer,a married penes,joined by her epome Michael Trepan whose post office address is: 3f1!Cottage Club Late,Naples,FL 341 d3 baeiroAer called the GRANTOR,to Jahn fats and Des fa,behead and Mk,wish an andivia SO%interest and Link Lam,a single p€aa a:,sn°itl:va oradivided SO%basset,ar tnwts In eaemrns whose pat office address is: 3511 aW 1st Avenue,Naples FL 34117 ho elaaAce called the GRANTEE: (Whatever used herein the team"Grantor'and"Grantee"include all parties to this instrument end the bein,kcal representatives and amigos of individual.,and the suecesaon and assigns of corporations.) WITNESSE H: That the GRANTOR, for and in consideration of the sum of S10.00 and other valuable considerations, receipt whereof is hereby rlaowledged,hereby grants,bargains,sells,slkm,remises,teleates,conveys and confines unto the GRANTEE, all that certain land skulk in Ceiba'County,Florida,viz: Tiro wort IN fist of Tract id„CALM GATT ESTATE Unit 4,aeeerdlag to the plat thsrlrof%recorded is Plat Book 1, tap(.)79,of the Public Bawds of Collis County,Florida. SUBJECT TO comsat;conditions,restriction', thiCan 't ., -.la and agreements of record,if any;taxes and as elaenb for the year 20112 and subsequent ,.. I app r.J esdinares and/or restrictions and prohibitions imposed by governmental authorities,if any, with an the , stt�oputtet�tnoz there be of in anywise appertaining. 7O HAVE AND 7C)BOLD,the Berm is f/„ j AND THE GRANTOR hereby covenants } -deitithop a GRANTOR is 4wfidly seised of aid land in fee simple;that the GRANTOR • . , ., and aurc to antj'} i said had;that the GRANTOR hereby S wanton the aide a said land and will. the same against the L c rd EN whomsoever. WITNESS WHEREOF,GRANTOR has s' -; .•sealed time present:tkelAin forth above. 0 SIGNED IN T11E PRESENCE OF THE FOLLOW • C t�� : tbC IL.L,I�,� �ile - Print Name:�`�� ;• • �' Prig :<y�'•�E 0 Michael -40------ z: Saul of Florida County of Caws I era a notary public of the state of Florida and my commission expires: rani . THE FOREGOING INS RUMENT was acknowledged before me on WWI by: III L Tropism flk/a Jill L f alanr,a married parser,lelasd by her space Mkhaal Trapani* who is p m mafl k.wn to me or who has produced Driver's License as identification and who did an take an oath. Notary Soli Signature: Print Name: Crystal Notary Public :;..y,- iii,:wat i2:u.N fil0l�ry t�.9.'-X98 of l tri'a F•i My Cowki.s.wi1:TO (a) 4ii.,w• w BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-106 DEPT NO. 2006-031099 Jaime Lam, Don Le, and Linh Lam Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Z--;w4 , on behalf of himself -er- 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 2006031099 dated the 29th day of December, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 29th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$455.76 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 60 days of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 30 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. )6Nr trZ9- Respondent Michelle •mold, Director Code Enforceme t Depprtment l � a4//o-7 REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-106 DEPT NO. 2006-031099 Jaime Lam, Don Le, and Linh Lam Respondent(s), STIPULATION/AGREEMENT / COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006031099 dated the 29th day of December, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 29th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$455.76 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would deteimine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 60 days of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 30 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. <•-f,‘ Respondent Michelle A rnold, Director Code Enforceme t Dep rtment / ��a c//0-7 REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James W. Craft, Respondent(s) CEB No. 2007-107 DEPT No. 2006060535 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6.7 Deed g COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ramon Cabrera and Rosa M. Pittaluga CEB No. 2007-110 DEPT No. 2007081039 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-110 Dept. Case No. 2007081039 Plaintiff, vs. RAMON CABRERA AND ROSA M. PITTALUGA, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 203 West Main St. Immokalee SERVED: Ramon Cabrera and Rosa M. Pittaluga, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE / ' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-110 vs. DEPT CASE NO.2007081039 RAMON CABRERA(PROPERTY OWNER) ROSA M.PITTALUGA(BUSINESS OWNER)Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s)04-41, Collier County Land Development Code, as amended, Sec(s) 5.06.05[M] 2. Description of Violation:Front store windows with more the allowable 25%occlusion. 3. Location/address where violation exists: 203 West Main St. Immokalee(folio 33580560003) 4. Name and address of owner/person in charge of violation location: Ramon Cabrera, 4862 Weymouth St,Lake Worth,Fl 33463. 5. Date violation first observed:August 28th,2007. 6. Date owner/person in charge given Notice of Violation: September 1 1th,2007. 7. Date on/by which violation to be corrected: September 27th,2007. 8. Date of re-inspection: September 28th,2007. 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County ode have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a blic hearing. Dated thisl 2 Day of 2007 T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ` , t Sworn to(or affirmed)and subscri-• before this I day of ,22007 by l/ before, this of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) Personally known A or produced identification Type of identification produced '-.., 0.:,A: ?LBLiC-STATE 411'�. ua - , K.A. Van Sick:i ' ;Commi$Sl€9D DD 7 71 c gyp•. n . '9;.2c(c) REV 3-3-05 -''+,,,,,,,, dDLYGCO.�1IC sONDWTEIRUMI6 ;-?O 2. COLDER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Dwner: RAMON CABRERA Date: 8/28/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 • ■•., [PROPERTY OWNER] ROAS M.PITTALUGA [BUSINESS] Zoning IC Sec 04 Twp 47 Rng 29 Dist Mailing: Legal: Block Lot 4862 WEYMOUTH ST Subdivision LAKE WORTH,FL 33463 203 WEST MAIN STREET IMMOKALEE,FL 34142 Location: 203 WEST MAIN ST Folio 33580560003 OR 3738 Page 2442 Book Unincorporated Collier County ORDER TO CORRECT VIOLATION(S) You are directed by this NOTICE Notice to take the following corrective action(s) REMOVE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. EXCESSIVE WINDOW SIGNS SO THAT NO MORE 2007-44, as amended,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- THAN 25% OF EACH WINDOW AREA IS COVERED.. described location. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND Ord No. 04-41, THE LAND Section 5.06.05[M] DEVELOPMENT CODE. DEVELOPMENT CODE as amended rlSupplemental attached DOrd No. ,as amended Section DOrd No. ,as amended Section DOrd No. ,as amended Section DOrd No. ,as amended Section ON OR BEFORE: SEPTEMBER 27.114' 2007 ❑Ord No. as amended Section Failure to correct violations may result in: 'DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to Did Witness: $1000 per day per violation, as long as the violation remains, and ON 8/28/07 1-WINDOW SIGNS WICH EXCEED THE ALLOWABLE 25% costs of prosecution. OF EACH WINDOW AREA.. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT SERVED BY: INTO COMPLIANCE WITH CURRENT CODE. ❑Personal Service Certified Mail OPosting of Property rlSuoplemental attached ❑Fax ❑Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW Print INVESTIGATOR 2800 No. Horseshoe Dr.Naples, 104 Dated this 29TH of AUGUST 2007 (239) 403-2314 ax:(239)403-2493 Investigator signatu VIOLATION STATUS: Initial ❑Recurring ❑Repeat t• Notice of Violation Clrivinal to File C'.nnv to Recnondent Cony for Site Pnctino Cony for Official Poetinv Rev 4/04 U.S. Postal Service, CERTIFIED MAIL, , RECEIPT Q' (Domestic Mail Only;No Insurance Coverage Provided) • For delivery information visit our website at www.usps.com OFFICIAL USE Postage $ Certified Fee �■ Postmark Return Receipt Fee Here O (Endorse—. ▪ Restrict p (Endorsr CABRERA, RAMON ru 4862 WEYMOUTH ST iU Totall LAKE. WORTH, FL 33463 0000 t7 ° Case Nbr — 2007081039 or PO b... City,State,Z1f44 PS Form 3800.August 2006 - See Reverse for instructto. • • • • 4 UNIRifErEDST; Track&Confirm r � u Track & Confirm Search Results LabelReceipt Number. 7007 0220 0000 4037 5469 Status: Delivered Track&Confirm Your item was delivered at 8:40 AM on September 11,2007 in LAKE :Enter LabeUReceipt Number. WORTH, FL 33463. — Addidone Details>) (Return to tame=ltd>p Notiluairon Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. (e POSTAL INSPECTORS site map contact us government services jobs National 8� Premier Accounts Preserving the Trust Copyright©1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy , http://trkcnfrml.smi.asps.com/PTSInternetWeb/InterLabelInquiry.do 9/17/2007 5.06.00 SIGNS rage io oz zi d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. 16. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. (Ord. No. 04-54, § 5; Ord. No. 04-72, § 3.U) 5.06.05 Signs Exempt from These Regulations In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.04 C.13. of this Code. C. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the street address of the premise. D. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. E. "No Trespassing," "No Dumping," or other prohibitory or safety type signs, provided each sign does not exceed three square feet in size. F. One ground or wall "For Sale," "For Rent," or similar sign per streetfrontage for each parcel, or lot less than ten acres in size. G. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. H. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within ten feet of any property line, right-of-way or accesseasement . I. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. J. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. signs shall be oriented along the fence or wall to face the field(s) or playing area, and away from any adjacent public or private roads. http://libraryl.municode.com/mcc/DocView/13992/1/36/42 1/11/2007 �' J.Ub.VU J1lrNJ ragc I I ut I K. Traffic control and safety signs or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window signs not exceeding 25 percent of each window area. N. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater, displaying the name and address of the resident and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non- commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.06 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing sign copy or design of an advertising structure, or changes which are determined by the County Manager or his designee to be less than asubstantial improvement . S. Copy changes for shopping centers, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. One ground or wall sign may be used as a construction sign by the general contractor of the development, within eachfront yard for each parcel less than ten acres in size. U. Temporary signs in conjunction with an approved temporary use permit. V. One sign indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said sign (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) forsaid sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs http://library1.municode.com/mcc/DoeView/13992/1/36/42 1/11/2007 7• *** 3562972 OR: 3738 PG: 2442 U*t RECORDED in OPIICIALL RECORDS of COLLIER COURT!, PL 02/22/2005 it 12:56PK DEICE! I. BROCK, CLERK RBC PEE 10.00 �� This instrument was prepared by: DOC-,10 .70 Return to: James M.Gann,P.A. btu: P.O.Box 1596 JI116 K GAIN Belle Glade,Fl.33430 P 0 901 1596 BELLE GLADE !L 33430 THIS QUIT—CLAIM DEED,Executed this /i ray of .°U 4R Y,2005,by OFELIA CABRERA,a single person whose post office address is 641 El Prado Drive,Apt.1,Belle Glade,Florida,33430 first party,to RAMON CABRERA and NELSON CABRERA,as tenants in common whose post office address is 4862 Weymouth Street,Lake Worth,Florida,33463 second party: (Whereverused herein the terms"fustparty'and'second party"shall rchdenegularand plural,hairs,It reprnmutives,and anises of individuah,and the euecemors and assigns of cotpoeatiotu, wherever the contact to admits or requires) WITNESSETH,That the set a.!• t . .on of the sum of S 1.00 in hand paid by the said second party,the receipt whereofis hereby ackno -• .+ ., rt and quit-claim unto the said second party forever,all the right,title,interest,claim and demand which the :'. •4., . t m an . :,escnbed lot,piece or parcel of land,situate,lying and being in the County of Collier , State o'cit 67',10 A ,to-wit lr Any interest owned by first party in the folk 'ng -'bcd.roperty: The North l/2 of Lot 1,Block 2,CARLSO S S •.S+•a I`, -..,0 .in Pl., :t•k 2,p;,e 40,. the Public Records of Collier County,Florida, less and except the North Twenty(20)fee - n C 0 1124 .\ i--, TOHAVE • ' 0 HOLD the same>: 6th. : the appurtenances thereunto belonging or in anywise appertaining,and all the a .,+, titie,interest,lien,equity ..It--'++ h: . -'of the said fast patty,either in law or equity,to the only proper use,benefit and behoof of+ nd party forever. IN WITNESS I+i'+:OFD The said ,+t- ':, i igned and sealed these presents the day and year fast above written. S sealed and deliv din presence of �� C �, r i ttrxss) U •nted name: Printed ame:: Ofelia Cabrera ( d W yy�� Grantor Printed arnne �°f1"/e 6k.e.r'• LOAM Printed name STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledgedbefore me this if day of '' 4 ,2005,by OFELIA CABRERA who is personally known to me or produced pi- n as identification. NotagUCyAs' 3 Cy�� '"''7 My co �' nr`MI6 _ F Lowery Printed,typed,or stamped name a, .Commission#�D0340603 ."-. y'; October 15,20Ci$ a'a Ir edrIliarr ds-InermoR YR 11004154111111 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-110 DEPT NO. 2007081039w RAMON CABRERA PROPERTY Respondent(s), STIPULATION/AGREEMENT �Clff V , on behalf of himself .e COMES NOW, the undersigned, Q mom Y�il"G r� 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 2005090022 dated the 29th day of November, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.06.05[M] of 04-41, The Land Development Code. Violation is described as window occlusion in excess of the allowable 25%. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs incurred in the prosecution of this case in the amount of $283.14 within 30 days of the date of this hearing. 2) Abate all violations by: A. Remove any window occlusion in excess of the allowable 25% within 14 days of the date of this hearing or a fine of $1 50.00 a day will be imposed until such time as the excess occlusion is removed. B. Cease displaying any sign that is not in accordance to and compliant with 04-41, The Land Development Code of Unincorporated Collier County. C. 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. it -2Q-o7 Respondent Michelle Arnol , erector Code Enforcement Department REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ramon Cabrera and Rosa M. Pittaluga CEB No. 2007-111 DEPT No. 2007081071 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-16 Deed 17 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-111 Dept. Case No. 2007081071 Plaintiff, vs. RAMON CABRERA AND ROSA M. PITTALUGA, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 203 West Main St. Immokalee SERVED: Ramon Cabrera and Rosa M. Pittaluga, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. S COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 8/3/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 RAMON CABRERA [PROPERTY OWNER] ROAS M.PITTALUGA [BUSINESS] Zoning IC Sec 04 Twp 47 Rng 29 Dist Ma liti e:4662 WEYMOUTH ST Legal: Block Lot LAKE WORTH,FL 33463 Subdivision 9060 GULF SHORE DRIVE NAPLES,FL 34108 Location: 203 WEST MAIN STREET Folio 33580560003 OR 3738 Page 2442 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended, you are notified that a violation(s)of the following You are directed by this Notice to take the following corrective Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- action(s) PAINT FACADE SO AS NO MORE THAN 10%OF FACADE described location. REMAINS WITH A FLORESCENT, PRIMARY, OR SECONDARY COLOR. ALL FACADE PAINTED SURFACES MUST COMPLYWITH Ord No. 04-41,as en SITE amended Section 5.05.08(C][13][b] DESIGN STANDARDS WITHIN THE LAND DEVELOPMENT CODE OF ❑Ord No. a s s amended Section UNICORPORATED COLLIER COUNTY. ❑Ord No. as amended Section f SuDolemental attached. El Ord No. ,as amended Section DOrd No. ,as amended Section ❑Ord No. ,as amended Section ON OR BEFORE: SEPTEMBER 27TH 2007 /.."-*NESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that Did Witness: may result in fines up to$500 and costs of prosecution. OR ON 8128/07 A FACADE WITH MORE THAN 10% PAINTED A 2) Code Enforcement Board review that may result in fines up to FLORESCENT PRIMARY OR SECONDARY COLOR.. THIS IS $1000 per day per violation, as long as the violation remains, and CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE costs of prosecution. AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. SERVED BY: riSupplemental attached [(Personal Service Certified Mail ❑Posting of Property ❑Fax ❑Mail Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: Print 2800 No.Horseshoe Dr. Naples,FL 34 I, G C-�" ''- (239) 403-2314 9)403-2493 Dated this day of AUGUST 2007 Investigator signature Ilk�� VIOLATION STATUS: ®initial ❑Recurring DRepeat Nnticx of Vinlatinn C)rioinal to File Cony to Recnnnclent C'nnv fnr Site Pnctino C'nnv fnr Official Pnctino Rev 4/x14 3 U.S. Postal Service CERTIFIED IVIAIL, RECEIPT 11-1 (Domestic Mail Only;No Insurance Coverage Provided) Ln For delivery information visit our website at www.usps.comL P- OFFICIAL USE rn Postage $ Certified Fee 1=3 nark Return Receipt Fee CI (Endorsement Reni.1.--- Res I:01,140N in (End( cpx,RE,R.RI 13.,r11 T 4862 4°I.4 FL 33463 flJ Tots voytTi-, Sent ca 200'7081011 ----- t. 5e Street, or PO B City,State,ZIP+4 PS Form 3600.August 2006 See Reuerse.for Instruction- . >;. A. Home I Help Track&Confirm Track & Confirm Search Results Label/Receipt Number. 7007 0220 0000 4037 5452 Status: Delivered Track&Confirm Enter LabeVReceipt Number. Your item was delivered at 8:40 AM on September 11, 2007 in LAKE WORTH, FL 33463. ( Adthriotai DMA;` €t w IISPaceos Rome> C;. flatfficatica Dptians Track&Confirm by email Get current event information or updates for your item sent to you or others by email. ; POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright©1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy http://trkenfrml.smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 9/17/2007 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 10 of 5U 14. Washing and polishing of automobiles and sale of automobile washing and polishing materials, but this only allows auto detailing as an accessory use. This provision does not allow carwashes except in those zoning districts where a carwash is a permitted use, and where such carwashes shall be subject to criteria specified in the zoning district. O. Procedural requirements are set forth in Chapter 10. 5.05.06 Private Airports A. The applicant must control the airspace within 700 feet from the ends of the primary surface (s). The control is to prevent anyairport hazards from being grown, erected, or otherwise placed within a glide path of twenty (20) to one (1) from the ends of the primary surface. This control may be created by ownership, right-of-way, easement, or a combination thereof. B. The setback for the primary surface shall be 200 feet. C. Other structures must conform with setbacks of the underlying district; however, they may not be placed within fifty (50) feet of the primary surface. 5.05.07 Townhouse Development A. Table of site design standards: TABLE INSET: Site Standards Minimum lot area (sq. ft.) 2,500 per dwelling unit Minimum lot width (ft.) 30 Minimum setbacks: 20 Front yard -front entry garage 10 Front yard - side entry garage A Side yard 20 Rear yard - principal structures 10 Rear yard - accessory structures A = Zero (0) lot line; otherwise ten (10) feet for principal structures, or one-half ( 1/2 the height of the sum of the walls facing one another, whichever is greater. 5.05.08 Architectural and Site Design Standards A. Purpose and Intent. 1. The purpose of these standards is to supplement existing development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of architecture. The development of a positive, progressive and attractive community image and sense of place is vital to the economic health and vitality of Collier County. 2. Among the recurring details that are present in the architecture of Collier County include, but are not limited to, the following: a. Elements of Mediterranean design employing sloped barrel tile roofs, arcades http://library1.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 6" 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES Page 11 of su • and stucco; b. Old Florida design with wide verandas, metal roofs and lap siding; c. Modern International; and d. Various traditional historic references to Colonial, Bermuda and Island forms. 3. Building design contributes to the uniqueness of the project area and the Collier County community with predominant materials, design features, color range and spatial relationships tailored specifically to the site and its context. 4. While architectural embellishments are not discouraged, emphasis on scale, massing, form-function relationships, and relationship of the building or buildings to the site and surrounding context is strongly encouraged. Recognition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged. 5. These standards and guidelines are intended to result in a comprehensive plan for building design and site development consistent with the goals, policies and objectives of the Collier County Growth Management Plan ("GMP") and the purpose and intent of the Land Development Code ("LDC"). These regulations are intended to promote the use of crime prevention through site design principals, including visibility-site lines for law enforcement as well as the general public. 6. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass, recognize local character, and respond to site conditions. Facades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. Facades must provide, through the use of detail and scale, visual interestthat is consistent with the community's identity and character. Articulation is accomplished by varying the building's mass, in height and width, so that it appears to be divided into distinct elements and details. B. Applicability. The provisions of section 5.05.08 apply: 1. To all new buildings and projects submitted on or after November 10, 2004 in the zoning districts set out below. At the applicant's request, projects submitted between November 10, 2004 and January 2, 2005 may be reviewed for compliance with the requirements of section 5.05.08 as they were set forth in the LDC before November 10, 2004. a. Commercial zoning districts. b. Non-residential PUD districts, and non-residential components of any PUD district. c. Business park districts. 2. To non-residential buildings and projects submitted on or after November 10, 2004 in any zoning district, but only when the following conditions exist: a. The project site is located on an arterial or collector road, as described by the Traffic Circulation Element of the GMP, or b. A proposed building's footprint would be located within 300 feet of the boundary of a residentially zoned district. 3. To all renovations and redevelopment, including applicable additions of a building or site, as follows, except that "renovation" is not intended to apply to routine repairs and maintenance of an existing building: htto://librarvl.municode.com/mee/DoeView/13992/1/36/41 3/12/2007 7- 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES rage iz ui �u a. Any addition or renovation of an existing building or project including vehicular use area (i.e. - approved for use and occupancy as of November 10, 2004) that will result in a change to the exterior of the building or site such that in the case of: i. A building facade renovation where such addition, renovation, or redevelopment exceeds 50 percent of the wall area of an existing facade, that entire facade must comply with the standards of Section 5.05.08. ii. An addition or renovation to, or redevelopment of, an existing building or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or would exceed 25 percent of the square footage of the gross area of the existing structures, the existing building(s) and the site improvements must conform with the standards of Section 5.05.08. iii. Upon repainting an existing building, the colors to be applied must comply with Section 5.05.08 D.13. Materials and colors. 4. Abandonment or discontinuance of use. a. Buildings or projects that are abandoned (i.e. - their existing use ceases) are subject to this Section notwithstanding Section 9.03.02 F.: i. Where the use of a structure, building or project ceases for any reason, except where government action impedes access to the premises, for a period in excess of one year, the provisions of Section 5.05.08 apply before re-occupancy. Compliance with this Section may require structural alterations. ii. The site design standards of this Section apply where the use of a structure ceases for any reason, except where governmental action impedes access to the premises for a period of more than 180 consecutive days. 5. Raw water wells in Collier County do not have to meet the provisions of this Section provided that well houses surrounding the raw water well shall not have any wall planes exceeding 35 feet in length or have an actual building height greater than eighteen (18) feet, excluding communications equipment. Fences and walls surrounding raw water wells must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.D.2 of this Section. C. Building design standards. 1. Building Facades. All facades of a building must be designed with consistent architectural style, detail and trim features. a. In case of buildings located on outparcels, and freestanding buildings within a unified plan of development, all exterior facades shall adhere to the requirements of this Section with respect to architectural design treatments for primary facades. (See Section 5.05.08 C.9. Outparcels and freestanding buildings within PUD and common ownership developments for additional design standards). b. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features, such as corner towers, corner entrances, or other such features, to emphasize their location as gateways and transition points within the community. 2. Primary facade standards. htto://Iibrarv1.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 Q 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES rage ii of u a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. b. Ground floor. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include, but are not limited to: arcades; display windows; entry areas; or other similar design elements. c. Design features. The design of primary facades must include, at a minimum, two of the following design features: i. Glazing covering a minimum of 30 percent of the primary facade area, consisting of window and glazed door openings. ii. Projected or recessed covered public entry providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. iii. Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 60 percent of the length of the associated facade. iv. Porte-cochere with a minimum horizontal dimension of 18 feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. v. A tower element such as but not limited to a clock or bell tower element. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. 3. Facade/wall height transition elements. a. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. b. Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. c. Design standards. i. Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade. ii. Transitional massing elements must be incorporated for a minimum of 60% of the length of the facade, which is in part or whole within the 150 feet of an existing building. iii. Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: httn://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES rage i,+ of �u a) For buildings 40,000 square feet or larger in gross building area, projections and recesses must have a minimum depth of ten feet. b) For buildings between 20,000 and 39,999 square feet in gross building area, projections and recesses must have a minimum depth of eight feet. c) For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of six feet. d) For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of four feet. 4. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. a. Projections and recesses. i. For buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. ii. For buildings between 20,000 and 39,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 125 linear feet. Projections and recesses must have a minimum depth of eight feet within 125 linear feet limitation. iii. For buildings between 10,000 and 19,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildings between 5,000 and 9,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v. For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the facade length. GRAPHIC LINK: Click here b. Wall plane changes. i. Buildings subject to the projections or recesses depths required by 5.05.08.C.4.a must not have a single wall plane exceeding 60 percent of each facade. ii. If a building has a projection or recess of 40 feet or more, each is considered a separate facade, and must meet the above requirements for httn://library1.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 /� 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES rage 1 01 u wall plane changes. GRAPHIC LINK:Click here 5. Project Standards. a. An applicant must submit architectural drawings and a site development plan or site improvement plan according to Section 10.02.03 Site Development Plans of this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed building, all elevations of each proposed building at a minimum of 1/8" scale, a color rendering or elevation, color paint chips, and roof color paint chip(s) or sample. b. Architectural drawings must be signed and sealed by the licensed Architect who is responsible for preparing the drawings, and who is registered in the state of Florida as set forth in Chapter 481, of the Florida Statutes. c. Building design treatments. Each building facade must have at least four of the following building design treatments: i. Canopies, porticos, or porte-cocheres, integrated with the building's massing and style, ii. Overhangs, minimum of three feet, iii. Colonnades or arcades, a minimum of eight feet clear in width, iv. Sculptured artwork, v. Cornice minimum two feet high with 12 inch projection, vi. Peaked or curved roof forms, vii. Arches with a minimum 12-inch recess depth, viii. Display windows, ix. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, x. Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas), xi. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii. Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches, xiii. Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns, xvi. Pilasters, or xvii. Metal or tile roof material. xviii. Expressed or exposed structural elements. xix. Additional glazing at a minimum of 15% beyond the code minimum requirement. xx. Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade. http://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 5.05.00 SUPPLEMENTAL STANDARDS FUR St'tUAriU agc lu of -)V xxi. Translucent glazing at a minimum of 15% beyond the code minimum glazing requirement. xxii. Glass block at a minimum of 15% beyond the code minimum glazing requirement. d. Site design elements. All projects must have at a minimum two of the following: i. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet; ii. Integration of specialty pavers, or stamped concrete along the building perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area; iii. Two accent or specimen trees, above the minimum landscape code requirements, for every 100 feet of the front facade and a minimum of two for the rest of the project with a minimum height of 18 feet at planting; or iv. Site sculptures. 6. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary facade. 7. Overhead doors. a. Required screening. Overhead doors must not be located on the primary facades, unless sufficient screening is proposed. Sufficient screening is defined as a screening wall, with a minimum height of 90 percent of the overhead door height, or a landscape buffer achieving 75 percent opacity within one year. The placement and the length of these screening devices must block the view of the overhead doors from the street. b. Doors facing one another. Overhead doors facing one another may be treated as interior space, provided that: i. the buildings meet all other requirements of Section 5.05.08. of this code, ii. the distance between the doors facing one another is no greater than 50 feet; and iii. the view of the overhead doors is properly screened from the street. 8. Detail features. a. The design elements in the following standards must be an integral part of the building's design and integrated into the overall architectural style. These elements must not consist solely of applied graphics or paint. b. Blank wall areas. Blank, opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals 120 square feet per panel or less. The depth of the relief and reveal work must be a minimum of 1/2 inch, and a minimum width of 1 1/2 inch and may be of a color that contrasts with the color of the wall. http://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 12. 5.05.00 SUPPLEMENTAL STANIAKUS rUK sriuir1L u a,c 1 I vi JV 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Primary facades. All exterior facades of freestanding structures, including structures located on outparcels, are considered primary facades, and must meet the requirements of this Section with respect to the architectural design treatment for primary facades- Section 5.05.08 C.2. Primary facade standards . c. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between adjacent outparcels or freestanding sites and the primary structure. d. Primary facade standards. The following design features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary facade standards: i. Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60% of the length of the associated facade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must preventview from the exterior. Courtyard walls are not to be considered fences. ii. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. 10. Roof treatments. a. Purpose and intent. Variations in rooflines are used to add interest and reduce massing of large buildings. Roof height and features must be in scale with the building's mass, and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high- quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. b. Roof edge and parapet treatment. i. For buildings larger then 5,000 square feet in gross building area a minimum of two roof-edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height, but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length. ii. Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the facades that are less than 200 feet. One roof edge, or parapet line change must be provided for every 200 linear feet of the facade length. http://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 /, J.VJ.VV u rri-cavirAN itil. J ittiNtirliwo C. Roof Design standards. Roofs must meet the following requirements: i. When parapets are used, the average height of such parapets must not exceed 15 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third the height of the supporting wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any facade, a parapet or mansard roof treatment must extend along the remaining facades. iii. When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: a) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. This includes: clearstory windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the roof. b) The color(s) of a sloped roof must complement the color(s) of the facades. d. Prohibited roof types and materials. The following roof types and roof materials are prohibited: i. Asphalt.shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. ii. Mansard roofs and canopies, unless they meet the following standards: a) Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet, b) Minimum vertical distance of 6 feet is required for buildings of up to 20,000 square feet of gross floor area, and c) The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. iii. Awnings used as a mansard or canopy roofs. 11. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. a. Mansard awnings, which are those awnings that span 90 percent, or more, of a facade length and those, which do not provide a connection between facades, must adhere to all roof standards of Section 5.05.08. C.10. of this Code. b. All other awnings, which are awnings that constitute less than 90 percent of a facade length, and those that do not provide a connection between facades, must adhere to the following standards: i. The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of Sections 5.06.00, 9.03.00, 9.04.00 and 10.02.06 Signs of this Code. http://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 /4 .1.1/J.VV U V 11 L ■lV1Li1\1110 u1[u• i ViS vi a�vaaav ii. The location of awnings must relate to the window and door openings. c. Automobile sales parking lot awnings. Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: i. Shade awning structures must not be constructed within 75 feet of any public or private street. ii. Single shade awning structures must not exceed an area sufficient to provide cover to 20 automobiles or 3,240 square feet, whichever is greater. iii. The minimum separation between shade awning structures must be 100 feet. iv. Multi-colored shade awnings and the use of black or gray, florescent, primary and/or secondary colors are prohibited. Earth tone colors are encouraged. 12. Entryway/customer entrance treatment. a. Purpose and intent. Entryway design elements are intended to give protection from the sun and adverse weather conditions. These elements must be integrated into a comprehensive design style for the project. b. Single-tenant buildings and developments. Single-tenant buildings shall have clearly defined, highly visible, customer entrances. The customer entrance shall meet the following standards: i. An outdoor patio area must be provided adjacent to the customer entrance, with a minimum of 200 square feet in area. The patio area must incorporate the following: a) Benches or other seating components. b) Decorative landscape planters or wing walls which incorporate landscaped areas, and c) Structural or vegetative shading. ii. Front entry must be set back from a drive or a parking area by a minimum distance of 15 feet. c. Multiple-tenant buildings and developments. Multiple-tenant buildings and developments must meet the following standards: i. Anchor tenants must provide clearly defined, highly visible customer entrances. ii. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total gross floor area of all on-site buildings. The community space shall be located off, or adjacent to, the main circulation path of the complex and must incorporate benches or other seating components, and iii. Front entries shall be setback from a drive or a parking area by a minimum of 15 feet. 13. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and http://libraryl.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 ✓.VJ.VV UV1 L LI 1!]1\LL1.LW 4l t V£..L,t Lvii av vvL..J✓ a u.bv r..v va ✓v materials must be well designed and integrated into a comprehensive design style for the project. b. Exterior building colors. The use of solid black, gray, florescent, primary or secondary colored materials or finish paint is limited to no more than ten percent of a facade or the total roof area, except that naturally occurring materials are permissible, such as marble, granite, and slate and the following man-made materials: silver unpainted metal roofs. c. Exterior building materials. The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or reflective metal panels, and ii. Smooth concrete block. d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. D. Design Standards for specific building uses. 1. Standardized design buildings must meet the provisions of this Code. 2. Self-storage buildings. Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the primary facade of self-storage buildings. b. Screen walls. When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet, and designed to avoid monotony by use of architectural elements such as pillars. c. Window standards. Windows must not be false or applied. If the window openings are into the storage area, translucent material must be used. d. Single-story self-storage buildings. Section 5.05.08 C.2. Primary facade standards can be replaced with the following two options: i. Option 1. a) A minimum of 20 percent of the primary facade area must be glazed; and b) A covered public entry with a minimum roof area of 80 square feet and no dimension less than eight feet, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the facade. ii. Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: a) Architecturally treated, eight-foot high, screen wall is required to screen the facility, b) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope, and c) A landscape buffer at least 7 feet wide is required on each side of the wall. iii. In the case that none of the above options are met, then Section http://library1.municode.com/mcc/DocView/13992/1/36/41 3/12/2007 I'. *** 3562972 OR: 3738 PG: 2442 *** RECORDED in OPPICIAL RECORDS of COLLIER COBBTP, FL 02/22/2005 it 12:56PB DBIGBM I. BROCE, CLERK EEC PIE 10.00 This instrument was prepared by: DOC-.70 .70 Return to: James M.Gann,P.A. RetII: P.O.Box 1596 JANIS tI GAIN Belle Glade,Fl.33430 P 0 BOI 1596 BELLE GLADE IL 33430 THIS QUIT-CLAIM DEED,Executed this 1 f t day of FEige2I40-Y 2005,by OFELIA CABRERA.,a single person whose post office address is 641 El Prado Drive,Apt.1,Belle Glade,Florida,33430 first party,to RAMON CABRERA and NELSON CABRERA,as tenants in common whose post office address is 4862 Weymouth Street,Lake Worth,Florida,33463 second party: (Whereva.ned herein the tams Test Feely"and"second party'shall ineludesingulerand plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of wtporations, wherever the context an admits or requues.) WITNESSETH,That the said •:. •{an. ' . . ration of the sum of S 1.00 ,in hand paid by the said second party,the receipt whereofis hereby ackno -• + : and quit-claim unto the said second party forever,all the right,title,interest,claim and demand which the . '. ,• ..c man• 7. • r _, 'bed lot,piece or parcel of land,situate,lying and being in the County of Collier , State o• it 10771-10 A ,to-wit Any interest owned by first party in the foil.• 'ng• -'bed. .perky: The North 1R of Lot 1,Block 2,CARLSO S S t t s'I. 11`, . . .in P1: :••k 2,p•_e 40,. the Public Records of Collier County,Florida, less and except the North Twenty(20)fee•e .„. „,....—.., ) V , C..s.1 (IC 0 I ' it""'4 TO HAVE • '■ O HOLD the same'.: •.- ith: : arthe appurtenances thereunto belonging 4;111...or in anywise appertaining,and all the e •• title,interest,lien,equity:,.: h ,.fee said fast party,either in law or equity,to the only proper use,benefit and behoof of -..nd party forever. C IN WITNESS W I'4•+ OF,The said .. •. . igned and sealed these presents the day and year first above written. 11/E CI-1/'C Sir -• sealed and deliv • in presence of % - nted name: ,...Alm, /fit - AT a. Printed : Ofelia Cabrera Printed name: �11'�e kQ." Lcuse) Printed name STATE OF FLORIDA COUNTY OF PALM BEACH w THE FOREGOING INSTRUMENT was acknowledgedbefore me this(7 T day of eist ,2005,by OFELIA CABRERA , who is personally known to me or produced At 1m- as identification. Notary Pubit \��,•My-a`i-',"r",'L n Wilk*F Printed,type stamped nee -._ F.'-1.1 Commission#DD840603 --.7. -'--- Expires October 15,2008 •'a dada bay w.•Imam*lac aoaaesran n /7. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-111 vs. DEPT CASE NO.2007081071 RAMON CABRERA(PROPERTY OWNER) ROSA M.PITTALUGA(BUSINESS OWNER)Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 5.05.08[C][13][b] 2. Description of Violation: A facade with more than 10%painted a primary,secondary or florescent. 3. Location/address where violation exists:203 West Main St. Immokalee(folio 33580560003) 4. Name and address of owner/person in charge of violation location: Ramon Cabrera, 4862 Weymouth St,Lake Worth,Fl 33463. 5. Date violation first observed:August 28',2007. 6. Date owner/person in charge given Notice of Violation: September 11th,2007. 7. Date on/by which violation to be corrected: September 276,2007. 8. Date of re-inspection: September 28th,2007. 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certi.-s that the above-described violation continues to exist; that attempts to secure compliance with the Collier County 'ode ► ve failed as aforesaid; and that the violation should be referred tole Collier CO Code Enforcement Board for: public h,aring. �.. Dated this /2 Day of 2007 T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ��,,��, ,,�� Sworn to(or affirmed)and subscribed before this /7i day of 0 2007 by 141 (2- fS11` Imo. -i I_/1 4.(10P ( ign ture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification /4.414, ,'tiBLlC•STATE'it!'•,,; K.A. Vag : `it „'„ Commission#D4 /- REV 3-3-05 .tipp►1a''d' Expires. �Q ;-�CC.,`Mk' 3ONDEDTHRUATLANT.:,01 DL^NGINC. i COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jobani Gonzales CEB No. 2007-112 DEPT No. 2007080003 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-5 Deed 6 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-112 Dept. Case No. 2007080003 Plaintiff, vs. JOBANI GONZALES, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 2561 6th Avenue NE SERVED: Jobani Gonzales, Respondent Inv. Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-112 vs. DEPT CASE 2007080003 Jobanni Gonzalez ,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance 2005-44 of the Collier County,Weed,Litter and Exotics Control Ordinance, Sections 6,7,8 2. Description of Violation: Litter consisting of but not limited to;refuse,broken car parts,chairs, assorted metals,woods and plastics,broken cinderblocks,cans,bottles,etc. on an estates zoned property. 3. Location/address where violation exists: 2561 66 Ave NE Naples,FL 34120 4. Name and address of owner/person in charge of violation location Jobanni Gonzalez 3595 31st Ave NE Naples,FL 34120 5. Date violation first observed: November 2nd,2006 6. Date owner/person in charge given Notice of Violation: November 2nd,2006 7. Date on/by which violation to be corrected:November 13th,2006 8. Date of re-inspection: 7-31-2007 9. Results of Re-inspection: Litter was never removed from the property. The litter was moved further back on the property. More litter has been dumped on the estates zoned property. 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 11 s`. day of August, 2007 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(o • `� �� ascribed fore this day of ,2007 by • (Signature ofotary Public) (Pnr• Nan$e of Personally known or produced identification Comm.000027064 Type of identification produced fati E> es 1/7/2011 -,„ate Florida NoknyAssn.,kw REV 3-3-05 2. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, �iZ g' Vs. CEB NO. 2007-n Jobanni Gonzalez DEPT NO. 200708000 '- Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jobanni Gonzalez, 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 of the recurring violation in reference (case) number 2006110054 dated the 2"d day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 2005-44 of the Litter, Weeds and Exotics Ordinance and are described as litter consisting of but not limited too, vehicle parts, assorted woods, metals and plastics, etc. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$301.41 incurred in the prosecution of this case. 2) Abate all violations by: The violation has been abated. "4) Cc,111e,r ( � � �c� ��r z © arc I) Respondent must notify Code Enforcement that the violation has been bated and uest the Investi to come out and perform a site inspection. Respondent Michell old, Director Code En orcement Department D/ 9 / 7 Date REV 2/23107 Book 4080 -Page 1377 Page 1 of 1 •-� 3879179 OR: 4080 P REMIND is OUICIAL WOW of COLL 01/31/2601 it 6I:05PII DIM? I. BROC CONS INC DOC- lets: =II sums DIEM INC PREPARED BY: PAD Mang fix 26451 CRO1N YALLII HIT X206 Tam Kosovakhak 1155I01 VIM CA 12591 LENDER SERVICES DIRECT 26461 CROWN VALLEY PARKWAY, STE 200 MISSION VIEJO,CA 92691 • NUL TAX 3 15'Sk .1oinafti A Camel=and Erizabeth Diaz 256164 Avenue NE Naples,FL 34120 ESCROW NO 117512 APN:40623201101 rSPACEABOVE MS LINE FOR RECORDER'S USE QUIT SP CLAIM DEED THE UNDERSIGNED GRANTOR(S)DECLARE(S) DOCUMENTARY TRANFER TAX IS$ //$S ors 0 unincorporated area X City of n Ocomputed on tun value of property conveyed,or Ocomputed on full valve less valve liens or encumbrances reinstating at time of sale,and FOR VALUABLE CONSIDERATION OF TED 0_1)J,AND OTHER GOOD AND VALUAB' CONSIDERATION,CASH IN HAND PAID,THE RECEIPT AND SUFFICIENCY OF WHICH IS HERE ACKNOWLEDGED,ON THIS 17th DAY OF July ,2006. UWE Jobaani A.Gonzalez,a single luau and Elizabeth Diaz,a single woman,as Joint tenants with full rigbts of survivorship - - WHOSE ADDRESS IS:25616'k Avenue NE,Naples,FL 34120 DO HEREBY REMISE,RELEASE AND FOREVER CONVEYED TO: Jobanni A Gonzalez,a married man as his sole and separate property WHOSE ADDRESS IS:2561 eh Avenue NE,Naples,FL 34120 ALL THE REAL PROPERTY SITUATED IN THE CITY OF Naples,IN THE COUNTY OF Collier,STA OF Florida,DESCRIBED AS FOLLOWS: SEE ATTA C WIT"A" E •: a THIS DAY OF ,2006 i_.& it t& AIL o r(N L./s•t .4'W.l,"iJ . rr than STATE OF Florida} COUNTY O' t ON Q A BEFORE ME, 2) J/'7 t //1 C D PERSONA APPEARED 0 : ,QA/ E`/2.4 B I / ' PERSONA Y KNOWN TO ME(01 PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSI NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHFITHEY EXECUTED THE SAME IN HIS/HER THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/At!THEIR SIGNNAV4RE(S)QN THE INSTRUMENT THE PERSON(S),OR IT rurrr mr r rums aau ric WtzW' r vunr Qnuim £C'rm PYP(E 1T f THR T ISTRHMRNT. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jobani Gonzales CEB No. 2007-113 DEPT No. 2007051073 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5-6 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-113 Dept. Case No. 2007051073 Plaintiff, vs. JOBANI GONZALES, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 2561 6th Avenue NE SERVED: Jobani Gonzales, Respondent Inv. Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-113 vs. DEPT CASE NO.2007051073 Jobanni A Gonzalez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 05-55, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance 04-41 as amended of the Collier County Land Development Code, sec 2.02.03,2.01.00 2. Description of Violation: Owner is using an improved,estates zoned property for a vehicle storage and mechanic shop which is not an allowable use for this zoning district. 3. Location/address where violation exists: 2561 6d'Ave NE Naples Florida 34120 4. Name and address of owner/person in charge of violation location Jobanni Gonzalez 3595 31' Ave.NE Naples,FL. 34120 5. Date violation first observed: May 6th 2006 6. Date owner/person in charge given Notice of Violation: Notice of violation issued to Orlando Blanco on November 2nd 2006 7. Date on/by which violation to be corrected:November 8d'2006 8. Date of re-inspection: November 9h 2006 9. Results of Re-inspection: Violation still remains prepared case for the Code Enforcement Board 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 1st. day of July, 2007 f�� r e3csek,:..„ ?Acretc.. 13Ea.\8 r� Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a h it ed and s • gibed before this ! day of u ,2007 by Patrick Baldwin j 1 t _ ?a — GARY P.DANTINI (Signature of ir . Public) Sta �'c�i�B c � > � i:If•�r� /7/2019 Personally known or produced identification Notary As,--In lac Type of identification produced n .n••.n.s.° °•_°°-' REV 3-3-05 n Case Number ,C(``7(2r 1 0055' COLLIER COUNTY CODE ENFORCEMENT Vehicle Parking in Conjunction with Residential Structures in Mixed Use Urban Residential Lands NOTICE OF VIOLATION ^r: �OaXx.Y1 ri t A ( ©,1'LCa.\,z_. Date: 1/ /V 0(a Investigator C r P l�.CAD V1 Phone: 239- `- ,S,"7 s^4 Zoning Did es i-s'c."ics Sec t? Twp t-f Rng 2-c? Mailing: 2 s-(G i Grx Gj L Legal: Subdivision 'Z`et-G..6: Eg+ L;-,,A."7(o Block i.{ft, Lot C 3Wla� Location: l�j ,e_ ArS A-6 6 '.'-- Folio 4C)t0-134-CXCr>i 1 OR Book 40.8-D Page l3.7 ) Unincorporated Collier County NOTICE ❑ ,3 t,r1k.t C-e is G( ‘'. J M 1/4.1e_.. Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. ❑ i ��`i C�'Y�S f?�S �C Z I� �►E�' `` Y- 05-55 and 97-35, as amended, you are notified that a violation(s) of the ttl2y1 vUcs�sf •� 9"c� �C following Collier County Ordinance(s) and or PUD Regulation(s) exists at (*5 the above-described location. VIOLATION STATUS: C-o ,,- et c c..` V 64:r�S iA. rz' f-c- S ` .oti dt 'tom r z; , Ordinance 04-41,as amended ❑Initial Recurring ['Repeat ❑Section 1.04.01 Land Use. 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 ORDER TO CORRECT VIOLATION(S): erected,reconstructed,moved located or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which is located. You are directed by this Notice to take the following corrective action(s) $ection 2.02.03 Prohibited Uses. Any use or structure not specifically identified t lust obtain and affix a current valid license plate to each vehicle/trailer not in a zoning district as a permitted use,conditional use,or accessory use shall be prohibited stored within the confines of a completely enclosed structure, OR store same in such zoning district within a completely enclosed structure,OR remove offending vehicle(s)trailer(s) from residentially zoned area. C fvtust repair defects so vehicle is immediately operable,OR store same within Section 2.01.00( e I rely operable, or used Vehicles. Vehicles or trailers of any a completely enclosed structure, OR remove offending vehicle(s)/trailer(s)from that are not immediately operable, or used for the purpose for which they were residentially zoned arcs manufactured without mechanical or electrical repairs..., or do not have valid license OMove subject vehicle(s)and park only on approved stabilized surface made of /"—`fps,...,shall not be parked or stored on any residentially zoned or designated property, concrete,crushed stone,asphalt or pavers,no greater than %of front yard. ading the E estates district, other than in a completely enclosed building. For the DRelocate vehicle to an enclosed structure),OR remove offending vehicle(s)/ purpose of this section a license plate shall not be considered valid unless it is both affixed from area zoned residential. to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle Remove vehicle(s)equipment from unimproved property and/or property or trailer upon which it is displayed. regulated by an approved Site Development Plan. OCease and desist sale and/or display of vehicle(s), equipment, and/or ❑Section 4.05.03(A) Single-Family Dwelling Unless otherwise parked or stored merchandise adjacent to any public right-of-way. ` I in an enclosed structure,the parking or storing of automobiles in connection with single- 7� (-c.c.s e_c.,, aestS+ a..1t Sio E 0'- CC�� \le� family dwelling units shall be limited to stabilized subsurface base or plastic grid fSnpplemental attached stabilization system covered by surface areas made of concrete, crushed stone, crushed 9 shell, asphalt, pavers or turf parking systems specifically designated for the parking of ON OR BEFORE: CV @ YV1 .e r' Q 200b automobiles. The designated parking area may not comprise an area greater than 40%of Failure to correct violations may result in: } any required front yard;which nonetheless,may not serve to limit a driveway to a width of y : less than 20 feet. All parked automobiles shall utilize only the designated parking area of 1) Mandatory notice to appear or issuance of a citation that may result the lot. in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to ❑Section 4.05.03(B) Two-Family Dwelling Units Unless otherwise parked or $1000 per day per violation,as long as the violation remains,and stored in an enclosed structure,the parking or storing of automobiles in connection with a costs of prosecution. two-family structure shall be limited to stabilized surface areas made of concrete,crushed stone, asphalt,pavers or turf parking systems specifically designated for the parking of SE VED BY: automobiles. The designated parking area shall not comprise an area greater than 50%of Personal Service ❑Certified Mail ['Posting of Property any required front yard;which,nonetheless will not serve to limit a driveway to a width of LL11 -- less than 20 feet. Separate driveways may be provided on each side of the two-family ❑ ❑ structure, but in no case, shall the combined area of both driveways and any other Fax Mail designated parking areas exceed 50%of any required front yard. /7❑Section 4.05.03(C) Multi-Family Dwelling Units Unless otherwise parked or i, lJ stored in an enclosed structure,the parking or storing of automobiles in connection with /////44#)//4' multi-family dwelling units shall be limited to stabilized surface areas made of concrete, Signature and Title of Recipient crushed stone, asphalt pavers or turf parking systems designated for the parking and storing of automobiles. Areas designated for the parking of automobiles shall not exceed a O `� OtAC r_l US D(.t j t-(�E {,t. ratio of 2 14 automobiles per dwelling unit in the event all parking spaces are not located Print whin an enclosed structure or any combination of open air and enclosed structure. Section 4.05.03(F)No other portion of a front yard may be used to park or store Investigator signature PX/L-e--4-e„,,,, ,--.C .----....„. automobiles including that portion of the right-of-way not directly a part of the designated Dated this <2,is j day of � ,200(63 driveway or designated parking areas. ern Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 2/06 3 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases Industrial districts,"°zoned industrially,""industrially zoned,'"industrial zoning,°or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A".The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E°is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 3879179 OR: 4080 PG: 1377 RECORDED in OFFICIAL RECORDS of COLLIER COONT!, FL 07/31/2006 at 01:06!1 DWIGHT I. BROCI, CURE CONS 165000.00 REC FEE 18.50 DOC-.10 1155.00 tetn: LENDER SERVICES DIRECT INC PREPARED BY: P■D maw TD: 26461 CRO0 VALLEY PUT #200 Tatyana Konovakbak EISSIOR VIEJO CA 92691 LENDER SERVICES DIRECT 26461 CROWN VALLEY PARKWAY, STE 200 MISSION VIEJO,CA 92691 MIL IJX HAMM'ID: lobanm A Gonzalez said Elizabeth Diaz 2561 6°Avenue NE Naples,FL 34I20 ESCROW NO 117512 APN:40623200501 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUIT CLAIM DEED THE UNDERSIGNED GRANTOR(S)D • DOCUMENTARY TRANFER"1• 0. .41 Bt C ❑ unincorpora - ` o , • a. Oconiputed on full value o 7- conveyed,or 1 osuputed on full value less value of liens or encumbrances remaining t +i of sale,and FOR VALUABLE CONSIDE• 0 0 1• , 1• ,AND • • GOOD AND VALUABLE CONSIDERATION,CASH IN ., • I ' P- "�� -sir ,, CY OF WHICH IS HEREBY ACKNOWLEDGED,ON THIS 1 'u DA • __Z 1. 1/WE Jobanni A.Gonzalez,a s' d • a s - as joint tenants with full rights of survivorship WHOSE ADDRESS IS:2561 6" , NE,Naples,FL 341 Q DO HEREBY REMISE,RELEAS •REVER CONVEY = .Jobanni A Gonzalez,a married ma • 'le and separate p WHOSE ADDRESS IS:2561 64 Aven'"I"' • ALL THE REAL PROPERTY SITUATED - r- ; -,IN THE COUNTY OF Collier,STATE OF Florida,DESCRIBED AS FOLLOWS: SEE ATTA IT"A" EXE ED THIS DAY OF �- ,2006 ._.! !AIL_!! obanni r, Aar orf/J re-D/-1.4 Amigo 11&„ r.t /4.47:{,v ET w Dlaz STATE OF Florida' ONUNTY OF rol(kr� 6 • BEFORE ME, /)E�J/✓1-r l/! 1 14 CI PERSQNAL APPEARED C1 i .„/UN ♦ Z 4;11 L. L/Z4 3 I/ - PERSONA LY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/ THEIR SIGNA •- . (S) •N THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON B fr OF WHICH I• ' 0 S)ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HA a D OFFICIAL � • d Fbyid• SIGNATURE I L r. - - �•w i Vco EXPIRATION O •Y NN� D f /c b ;� ,per 1Ap tp�32897 �tptM1b� E1reS 372472(5/o 5. *** OR: 4080 PG: 1378 *** Exhibit A Property Tax ID: 40623200001 Legal Description of said property described as follows: THE WEST ONE-HALF OF TRACT 48, GOLDEN GATE ESTATES, UNIT NO. 76, ACCORDING TO THE PLAT THEREOF RECORDED IN PEAT BOOK 5, PAGES 13 AND 14, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Parcel Identification Number: 40623200001 More commonly known as: 2561 6TH AVENUE NE NAPLES, FL 34120 COtiA G° rl - BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. 113 CEB NO. 2007-ill Jobanni Gonzalez DEPT NO. 2007051073 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jobanni Gonzalez, 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 of the repeat violation adjudicated on April 26th, 2007 reference (case) number 2006110055 dated the 2nd day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 11-29-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 2.02.03 Prohibited uses of the Collier County Land Development Code and are described as Owner storing vehicles (dump truck) not belonging to to anyone residing on the estates zoned property. Owner using the improved estates zoned property for storage and a mechanic shop which is not an allowable use for this zoning district. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$455.40 incurred in the prosecution of this case. 2) Abate all violations by: A. The Respondent must cease and desist using this property for storage of vehicles and mechanic shop. Owner must use this property only as allowed under the Land Development Code. Owner shall comply by removing all stored vehicles or equipment within 3 business days of this hearing or a fine of$300 per day will be imposed until the violation has been abated. B. If the violation is not abated by the end of the 3rd business day, Collier County Code Enforcement may hire a licensed contractor to remove the commercial vehicles and may obtain the assistance of the Collier County Sheriff's Department and all costs of abatement will be assed to the property owner, including daily fine. C. Collier County to impose a fine of $100.00 a day commencing July 31St, 2007 for the repeat violation of prohibited uses 2.02.03 specifically the storage of commercial vehicles until October 11th 2007, for a total of 71 days that equals $7,100.00 . Cc14� LoQ,n t-c..1 w,t 1 r eck:,c:-E,. aNv\Q.,, \. � 100'00 REV 2/23/07 D. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement within 24 hours of abatement. . C.o‘)1 c Cc \-1 u.)bv\d ( ,C cS.c•A C 112 5 o 0 °7�'c c -.r,�c� L��'r s 04- 4 S S, L j 0 Q ct u 4(I rt c� a9SSyD 'bQ_ pak 1, . /4111:AW' espondent Michelle Arnold, I rector Code Enf rcemen Department //--Q-9/0 -7 z Dat REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Emma Houston CEB No. 2007-114 DEPT No. 2007070595 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-17 Deed 18-39 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-114 Dept. Case No. 2007070595 Plaintiff, vs. EMMA HOUSTON, Respondent NOTICE OF HEARING, PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 415 S. 3rd Street SERVED: Emma Houston, Respondent Inv. John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO.2007-114 vs. DEPT CASE NO.2007070595 Houston,Emma,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41,as amended,the Collier County Land Development Code, section(s)4.02.01(A)table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06.(B)(1)(e)(i)and Section 105.1 of the Florida Building Code 2004 Edition. 2. Description of Violation: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements.Also,both mobile homes have been illegally converted from single family units to multi-family without proper permits and both mobile homes also have additions which are unpermitted. 3. Location/address where violation exists: 415 S.3rd street Immokalee,Florida 4. Name and address of owner/person in charge of violation location: Emma Houston,P.O. Box 1275 Immokalee,Florida 5. Date violation first observed:July 18,2007 6. Date owner/person in charge given Notice of Violation:August 08,2007 7. Date on/by which violation to be corrected: September 21,2007 8. Date of re-inspection: September 21,2007 9. Results of Re-inspection:No corrective action taken STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 25th.day of September, 2007 '0 �r "a a_4 ,�Y�,Santafemia ..erty Maintenance Specialist STATE OF FLORIDA COUNTY OF COLLIER S orn to(or affirmed)ands subscribed before this 1st day of October ,2007 by ,_____71_,..„ (Signature of No ta Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally knownXiC_or produced identification ;, Type of identification produced oL._ ::_t(�L.arS _• COmInission*laM€r AB Y,: `P REV 3-3-05 ;�� "•-.- i` �:1,,'gpj�• Nov `� - ��- •••fig 1ONDTNGCO.,INC BONDED THRU ATLANTi 9 Lase ri um UCr AMU r u(uu .J COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements G NOTICE OF VIOLATION Respondent HOUSTON,EMMA Date: 07/18/07 Investigator. JOHN SANTAFEMIA Phone: 239-403-2397 �� Zoning Dist VR Sec 04 Twp 47 Rng 29 _ding: P.O.BOX 1275 Legal: Subdivision 100 Block 086 Lot .006 IMMOKALEE,FLORIDA 34143 Location: 415 SO.3RD STREET Folio 00125880008 OR Book Page Unincorporated Collier County - Violation: Pursuant to Collier County Consolidated Code Enforcement Violation(continued): Ordinance 07-44,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 0105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or perform any construct,enlarge,alter,repair,move,demolish, or change the occupancy other work which disturbs the existing structure and/or compaction of soil in of a building or structure,or to erect,install,enlarge,alter,repair,remove, any right-if-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws breg done, ed permit make application to the building official and obtain the and Ordinances,Section 110-31) Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work 12110.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. F111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other 2004-41 SEC. 4.02.01(A) TABLE 2.1: SETBACK applicable county regulations. REQUIREMENTS FOR MOBILE HOMES IN"VR" ZONING /...'"N®10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of DISTRICT. 1 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 **SUPPLEMENTAL ATTACHED** must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22,Article It Order to Correct Violation(s): 0103.11.1 Unsafe Buildings or Systems. All buildings, structures,. Must be in compliance with all Collier County Codes and Ordinances. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, Apply for and obtain all permits required for described or do not provide adequate egress, or which constitute a fire hazard, or are structure/improvements: OR remove said structure/improvements, otherwise dangerous to human like, or which in relation to existing uses, including materials from property and restore to a permitted state. constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings,structures or service systems are Must request/cause required inspections to be performed and obtain a hereby declared illegal,etc certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same • Must effect, or cause, repair and/or rehabilitation of described unsafe property,the fence or enclosure required shall be in place at the time of final building/structure/systems: OR remedy violation by means of permitted building inspection....Where pool construction is commenced after occupancy demolition of same. certification of a one or two family dwelling unit on the same property.the fence or enclosure required shall be in place prior to filling of the pool unless Violation(s)must be CORRECTED BY: SEE SUPPLEMENTAL during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an Failure to correct violations may result in: approved substitute shall be in place,etc. 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 0104.135 Prohibited Activities prior to Permit Issuance. A building permit 2) Code Enforcement Board review that may result in fines up to S1000 per (or other written site specific work authorization such as for excavation,tree day per violation, as long as the violation remains, and costs of removal, well construction, approved site development plan, filling, re- prosecutim vegetation,etc.)shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include,but are Date not limited to, excavation pile driving(excluding test piling), well drilling, Res....en's Si- Y formwork,placement of building materials,equipment or accessory structures i' • • / 07/19/07 and disturbance or removal of protected species or habitat,etc. �� AR M--.... Date Inv-4o' Signature "" Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 t3. Case Number 2007070595 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION 1) TWO SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH ARE BOTH APPROXIMATELY 18-24 INCHES FROM THE REAR PROPERTY LINE IN VIOLATION OF ORDINANCE 04-41 SEC.4.02.01(A) TABLE 2.1 WHICH REQUIRES A MINIMUM OF 20 FEET. 2) TWO SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH HAVE BEEN CONVERTED INTO MULTI-FAMILY UNITS WITHOUT PROPER COLLIER COUNTY PERMITS. 3) TWO SINGLE WIDE MOBILE HOMES ON DESCRIBED PROPERTY WHICH HAVE BEEN ALTERED WITH ILLEGAL UNPERMITT D ROOF-OVER ADDITIONS WHICH INCLUDE A FRONT ROOM AREA AND R STRUCTURE. Res•on•-nt's Sit tore Date In. :ator's ignature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 Case Number 2007070595 CS" COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION ORDER TO CORRECT 1) Must engage the services of a licensed professional, so as to inquire into the feasibility of obtaining a variance from Collier County Zoning and Land Development to allow mobile homes to remain in there current location as it relates to the rear setback from property line within 28 business days of the date of this notice and make application for said variance within 45 business days of the date of this notice. 2) Must make application for all required after-the-fact permits within 45 business days of the date of this notice and obtain all required permits within 120 days of this notice. 3) Must execute permits so as to obtain all required inspections through issuance of Certificate of Occupancy/Completion for all additions/alterations and improvements within 60 days of issuance of permits. 4) Alternatively, may make application and obtain demolition permits for both mobile homes within 45 days of the date of this notice and complete demolition through removal of all debris within 30 days of the issuance of demolition permit(s). Re`onc nt's Si:�-ture Date ;cam,'gator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 /"—■ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature Item 4 if 4 Delivery is desired. X Agi ❑Agent • Print your name and address on the reverse ❑Address so that we can return the card to you. B. Received by(Printed Name) C. Date of Derive • Attach this card to the back of the mailpiece, or on the front if space permits. D. is delivery address different from item 1? ❑Yes 1. Article Addressed to: if YES,enter delivery address below: o HOUSTON, EMMA a 'r &#, ;fH" 10:51 PO BOX 1275 FL .34143 1275 3. S Type Case Nbr - 2007070595 ertifiedMail ❑Express Mail /❑Registered ❑Return Receipt for Merchand"b ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. An 7006 2760 0003 7738 8253 PS Form 3811,February 2004 Domestic Return Receipt 3C 3v / W OV 1o2595-02-M-1: U.S. Postai.ServiceT,l CERTIFIED MAIL.7. RECEIPT m (Domestic Mail Only No Insurance Coverage Provided) ul n For delivery information visit our websiteat www.usps.coma F AL USE (r I Postage $ f- Certified Fee fr I Return Receipt Fee Postmark E3 (Endorsement Required) Here HOUSTON, EMMA N PO BOX 1275 • IMMOKALEE, FL 34143 1275 .A C3 Case Nbr - 2007070595 CI PS Form 3800,August 2006 See-Reverse for InstrUObons t:; USPS - Track It Confirm - Microsoft Internet Explorer provided by The Collier County IT Department 111F I File !Edit View Favorites Tools Help Back i�. t` i Search i Favorites J v ® � Ltnj /adores http:J/trkmfrml sm1 asps com/PTSIntemetWeb/InterLabetInqulrY do C > I5 'wd Go.a+ M + ¶ Bookmarlts+ '.ib blocked j A 'check + 9Track Package + it i ? t ii:y� t)Seitings ,� Ha me I Heim, I Sian In --- - Track&Confirm_I..FAQs Track&Confirm Search Results LabelIReceipt Number.7006 2760 0003 7738 8253 ki Track&Confirm w,.kT l- r Status:Delivered ' , f? Enter Label/Receipt Number. Your item was delivered at 12:37 PM on August 8,2007 in IMMOKALEE, I I le FL34142. I=` n (Ada[Aiaaa►Deh7s> [Se�rn m tfSP&eaa ffam®> t ry i i„ZiECIZERTICtialleir.MaTIRTETIEr -41''' y F.CE.T.,L iIt�cFE�`-TnF. site map contact tus tinvernment services jobs National &Premier Accounts �--,: F,—.,,,inc,the•ru-i C>oF,riaht 1,1'S: 20G4 U:F'£..4.11 e ry ed.Terms of I1=F F:i i. -r Fc.li6`U • . , v. .. ` r,1 R. �. r_,.. F f c,. 1 0,;( T'.)OM rx 1n,12 , .1A , start y 7 Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee,Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS OF AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDING OOF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. CTS?SEC. 2.5E OMDENSITY CONDITIONAL, AND ACCESSORY USES IN ZONING DISTR STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, 5 AND PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRA CLUDCINGRSECP 6O 1EOOE GENERp,LLYEQSECTE6.02g OC ADEQUATE REQUIREMENTS, IN PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER VARIATIONS 00 DEVELOPMENT P REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance November�3, 1991,Collier County Land which has been Dsubsequently amended by which became effective on N numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for on con° cerning thesertevisions to adoption on June 22, 2004, and did take affirmative action the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County 9 projection shall not exceed one-half ( 1/2) the width of the yard. 11. Except as otherwise provided by this LDC, when lots on both sides of an undeveloped recorded lot contain a residential structure whose front yard setback is less than is now required, the average of the setbacks of the two (2) contiguous developed lots shall serve to establish the minimum front yard requirement for the vacant lot. 12. In commercial, industrial and multi-family residential developments, carports which are open on all sides may encroach into the required yards provided they do not encroach into the required landscape buffers, as required by this LDC; and furthermore, if the landscaping is deficient where the carports are proposed, the landscaping must be upgraded to comply with the LDC requirements to the greatest extent possible prior to the issuance of a building permit for said carports. This shall be accomplished by a site development plan amendment or a site improvement plan approval. (Ord. No. 04-72, § 3.L; Ord. No. 05-27, § 3.P) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service /'O 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 /1. Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt /G of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. SECTION 105 PERMITS Page 1 of 7 SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway.d11/Florida%20CustomBuild2004 FL/3/8?f=templa... 9/21/2007 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts nal standards pertaining to base zoning A. The following tables describe the dimensional p districts. Site design requirements apply to the principal building on each site. Table 1. Lot Design Requirements for Principle Uses in Base Zoning Districts. TABLE INSET: 'trainfkinlOWEW Floor Area t cr.c E 1 i st � 59k�$" `:fit?Ratio h ° .r .x+` .,,�t # Ica GC None None None A 217,800 165 None E 98,010 150 None RSF-1 43,560 150 None RSF-2 20,000 120 None RSF-3 10,000 Corner lot Interior lot None 95 80 RSF-4 7,500 75 70 None RSF-5 6,000 70 60 None RSF-6 6,000 70 60 None RMF-6 S.F. 6,500 60 None n Duplex 12,000 80 3+units 5,500 per unit 100 RMF-12 43,560 150 None RMF-16 43,560 150 None RT 43,560 150 None VR 6,000 60 None S.F./MH 10,000 100 Duplex 43,560 150 M.F. MH 6,000 60 None TTRVC Park 20 acres Travel trailers/Park models 40 None site 800 Campsites 30 lots C-1 20,000 100 None C-2 15,000 150 None C-3 10,000 75 None C.4 10,000 100 None C-5 10,000 100 None � 20,000 100 None. BP Park 35 acres 100 45 site 20,000 lots CON 217,800 150 None p None None None CF 10,000 80 None n Table 2. Building Dimension Standards for Principle Uses in Base Zoning Districts. TABLE INSET: 1 a.s ..r. . ,,F.»5„ S *� �r :; 1 � jsriiidE miis 0P "ti x) , x$ d � ^ fiT GC 35 Non e None None A 35 None 550 None E 30 None 1,000 None RSF-1 35 None 1-story 2-story None 1,500 1,800 RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 35 A 750 None RMF-12 50 A Efficiency 450 None 1 BR 600 2+BR 750 RMF-16 75 A Efficiency 450 None 1 BR 600 2+BR 750 n RT 10 stones,not to A 300 None exceed 100' (max.for hotel units=500') VR S.F.30 None None None MH 30 None Duplex 30 None M.F.35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000(ground floor) None C-2 35 A 1,000(ground floor) None C-3 50 None 700(ground floor) None C-4 75 A 700(ground floor) Hotels.60 Destination resort.80 C-5 35 A 700(ground floor) Hotels.60 Destination resort.80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas 40 D 1,000(ground floor) None Other 30 Overlay Districts See table of special design requirements applicable to overlay districts. n A = 50% of the sum of the heights of the buildings, but not less than 15 feet. h, B = 50% of the sum of the heights of the buildings. C = Buildings within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the buildings, but not less than 25 feet. Table 2.1 - TABLE OF MINIMUM YARD REQUIREMENTS (SETBACKS) FOR BASE ZONING DISTRICTS Note as to setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot, regardless of all easements burdening a lot, with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured from the road right-of-way easement line. TABLE INSET: t -4 �4 - cuts, ,g. e rE to pl► Itp, €f x a€- a � `,t Aga[s , ' GC None None None A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RSF-2 40 20 30 x RSF-3 30 Waterfront Non-waterfront 25 x n 10 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 7.5 20 x Duplex 25 NA 10 20 3+units 30 NA 15 20 RMF-12 30 a 30 x RMF-16 b a b x RT b a b x VR SF./MH 20 Waterfront Non-waterfront 20 x Duplex 35 10 5 30 M.F.35 15 15 30 15 15 MH1 25 Waterfront Non-waterfront 10 x 10 7.5 - TABLE INSET: C-1 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 •011th c AIM Ma RAMCO Futtm a Rehm t0: (enclose slit-sddrusei sl,mph mrseoPs) um SOARDMAN & THOMPSON. P.A. n n 1 4 6 0 it 0 0 6 2 3 moues 1400-A 15th Street North I OR BOOK PAGE Immokalee, FL 33934 i` t �� This hutment Ptlpteid by: Edward K. Cheffy FROST & JACOBS f mimic 1300 Third Street South �} R Naples, FL 33940-7287 ( Raczivc*.'<_,_..._.©� SO_ i'.�� Rccoieea �y PREPARATION OF INSTRUMENT ONLY c 'Sb ____.- L1.f3...__._ . - `- .--_ •------• COLLIER COUNTY s.:i. itii us-t:(...!:,:;a —S; 000 • am,d t�.c. E3Y.-. - nkus SPACE MOVE T is UNE:Pt $SlO DATA - {►ACE MDVE THIS asst I This I(anit- 1) r Executed this o� day of July ,A. D. 19 89 .by k/a ( IMMO BKALEETFUNDSBFORNHUMMANITY, INC.)Forida corporation, - - first party,to I ALBERT HOUSTON 4 rn whose poatof f ice address is cm 411 3rd Street, Immokalee, Florida second party: (Wherever used herein the seam"first party"and'second party"shall include singular and plural.Min:legit representatives, and assigns of individuals,and the successors and assigns,d co:peradno, wherever the contest so admits or sequins.) UtdIIBSSttfte That the said first party,for and in consideration of the sum of $10.00 O.V.c. in hand paid by the said second party. the receipt whereof is hereby acknowledged,does hereby remise, re- Op H lease and quit-claim unto the said second party forever, all the right, title, interest.claim and demand which N Z the said first party has in and to the following described lot,piece or parcel of land.situate, lying and being cin the County of Collier. R Florida to-wit: N Ai t.'Y'� �1 Commencing at the South aa,P orner of the st 1/4 of the Southeast 1/4 --- CI • of the Southeast 1/4 o S- Township 4 So\th, Range 29 East, Collier o c°s County, Florida, ng N. - a East oyu�hdary of the Southwest 1/4 of the Southeast 1/4 of t - Sou '-•- 1/4 of s-id Section for 251.35 feet, thence West 30 fee f. a 1:• - T, }_ thence continuing West 100 �� feet; thence South St f‘ t t. - e E- : r .s 1 th=.ce North 50 feet to the Point of Beginning. () Commencing at the So test corner of a-So 1/4 of the Southeast 1/4 of the Southeast 1/4 ction 4, Towns.ti. . 4h tharyof t e29 East, CoCollier ier County, Florida, rums th along the :--t(B of the Southeast 1/4 of • beast 1/' d Section for 201.35 feet to the POINT OF BEGINNING; "est 100 feet; thence South 50 feet; thence Bast 100 feet; t • feet to the Point of Beginning. Subject to easements, restrictions and reservations of record and to taxes for the current year. c • To limit and to old the same together with all and singular the appurtenances thereunto i belonging or in anywise appertaining. and all the estate, right, title,interest, lien,equity and claim what- . soever of the said first party,either in law or equity, to the only proper use, benefit and behoof of the said • second party forever. In illiblegiftered,The said first party has signed and sealed these presents the day and year first above written. I DIDKALEE HABITAT FOR HUMANITY, INC. Sign,,,,,sealed an, .slivered in presence of: (f/k/a , 'e)' . FUNDS FOR HUW'.NITY, INC•) _ it r ' i � `_.._ _..._._..... ...._.. BY.. /C: VSc� ' ii3iiii£'111113 STATE OF FLORIDA } COUNTY OF W�u't` 1 I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personalty appeared Charles C. Smith, Vice President of Irnokalee Habitat for Hummniiy, Inc., to me known to be the person described in and who executed the foregoing instrument and h! acknowledged before me that he executed the same.. afa dyy of �� WITNESS my hand and official seal in the County and S e last aforesaid this , . July A.D. 19 89. .. la- ` r^•�'�:. ytt ' inn yrt� -4) -� *ja;/93 I '■ .. 3 1} .7..'..1::";.. .''.,,...,:::::''';',.; :'!1:::',': :5.41,'..;'.ei FA ■ ,-,._::17.-,,e..94-,-.74,4,,,.ak., e,.? ,s. r rd N±11Ea r 3 �r t f n J ; ,': c�{r .0,•4.4.f. r ,, �{, f r .'f N 1 utip, d i.•yt 1 fs ,� -.'..,•e.ryr fro t} w� X n y ,:r t r.h f , y14 1.-4 JsYp y-c y• ,.h , 14 :e.. fyv�,ti r„y 4rr,L,•. /� "t^ '}'s••p:.r'af" .�';:�• • . • • t... ti .'Yi s=,• ,?n..... PTti!•1, ..,il•t .#','-',ni lif•It, .:t. (10.1 4 8,0 o-006.2°4 OR BOOK PAGE SLATE OF FLORID COUNTY OF. I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State aforesaid and in the County aforesaid to take aeknow rdemenu, personally appeared Allan L. Rudell, Treasurer of ?mmkalee Habitat for Hi1anity, Inc. to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the ame. WITNESS my hand and official seal In the County and State I aforesaid thiis� �0 ., day of tiYYG 0.r ran+t np J Y• • c) ,,• • py • fA oar c - \) • • • • MK:maxi and yolked _ , uttxua:7N.W leg Y� COLLIER COUH i Y.FLORIDA JAMES C.GILES.CLERK. ill I! s � ! 1 ! II I ! Pi rill /t9 C • • e I ,_\ /AA THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN ACTON FOR COLLIER COUNTY. FLORIDA IN RE: The Marriage of ALBERT HOUSTON, SR. , Husband, and CASE NO. 93-2896 CA-01-JBR EMMA HOUSTON, i Wife. t IN 7INAL JUDGMENT OP DIBBQJUTION OF MARRIA ii THIS CAUSE was heard before the Court. 5 P .t OS e FINDINGS OF TACT: °A "; eD ie 1. JURISDICTIONAL: The Court examined the ps Thgs _andf, u c1) gheard the evidence and argument of counsel. The Court finds that residential qualifications and pre-requisites of law � g 1all necessary 9 ,4 have been legally satisfied, and that this Court has jurisdiction •• eG of the parties and subj ect matter of this cause. CO 1 2. CHILDREN OF THE MARRIAGE: There are four children born of = 21 : the marriage, two of whom remain minors, to-wit; PATRICK HOUSTON, CT A al .-♦ l born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, I4' 1981. . 3. PARENTAL RESPONSIBILITY: The Court finds that it would be in the best interest of PATRICK HOUSTON and ALDONIA HOUSTON for the parties to share parental responsibility. The wife shall be designated primary residential parent of the minor children of the INNparties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: The Husband 1 9., • shall have frequent and continuing contact with the children, including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Frequent and continuing contact shall also include one-half (1/2) of the Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. The provisions of shared parental responsibility submitted by Stipulation at trial shall also be in effect. 5. MARRIAGE/SEPARATION: The Court finds that the parties were married to each other on December 14, 1969 at Ritter, South Carolina, and lived together as husband and wife until their final separation on or about August of 1993. 6. MARRIAGE IRRETRIEVABLY BROKEN: The Court finds that the parties have established that the marriage is irretrievably broken Pa and should be dissolved au vinculo. 0 7. REAL PROPERTY: The Court finds that the parties owned numerous parcels of real property located in Collier and Charlotte G7 County, Florida. The Court adopts the Wife's evaluations OD .3 introduced at trial, based upon the affidavits, exhibits and evidence during the trial. The Court finds the value of the Collier County properties are as set forth in Exhibit "A" attached hereto and made a part hereof by reference. The Court finds the value of the Charlotte County properties are as follows: Lot 25 $3,557.00 Lots 29 and 30 $7,049.00 2 9/ • . The Court finds that the Third Street property should be distributed to the Wife; Pine Grove Lots 3 and 4 are distributed to the Wife; all Punta Gorda property is distributed to the Husband; the Fourth Street properties are distributed to the Husband; the Pine Grove property other than Lots 3 and 4 are distributed to the Husband. 8. CHILD SUPPORT: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this Final Judgment of Dissolution of Marriage. Thereafter, the payment of $232.56 shall be due on Friday of each week. The support of the child shall terminate and the obligation of the Husband to pay support shall cease upon: o oilab A. The death of the child, B. The child reaches 18 years of age. If a child is still .. in school when he attains his 18th birthday, support shall continue cica 04 until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties' minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 3 I t � 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife shall maintain the hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out-patient services, prescriptions, optometric expenses, counseling, dental and orthodontic expenses. 10. DIVISION OF PERSONAL PROPERTY: 1. The Court finds that it would be fair and equitable to award the Wife: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock 0 f. Tools in one Toolhouse g. 1990 LTD N .e• h. Lawnmower chosen by the Husband Goa i. School pension j Any other personal property currently in her possession. o0 a.ca w 2. The Court finds that it would be fair and equitable to award the Husband: a. 1991 Truck b. 1993 LTD c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 4 23, r , • e. Any other personal property currently in his possession. 11. PERMANENT PERIODIC ALIMONY: The Court finds that based upon the equitable distribution and debts to the Husband., permanent periodic alimony is denied. 12. RETROACTIVE TEMPORARY ALIMONY: The Court finds that based upon the evidence and testimony at trial, request for retroactive temporary alimony is denied. 13. CREDIT FOR DEFENDING LITIGATION: Based on the evidence presented at trial, the Court denies the Husband's request for a credit for defending the outstanding litigation as the Wife will have her own expenses for that litigation. 14. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EMMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 15. ATTORNEY'S FEES: This Court specifically reserves 0 7? jurisdiction on the issue of attorney's fees and court costs. The o .e. parties are ordered to attempt to resolve this issue but, if they s • are unable to resolve same, the Court will entertain a hearing on .Ga. the issue of attorney's fees and costs. Based upon the evidence, IT IS ADJUDGED THAT: 1. DISSOLUTION OP MARRIAGE: The marriage between ALBERT HOUSTON, SR. , Husband, and EMMA HOUSTON, Wife, is dissolved, a vinculo, because it is irretrievably broken. 2. SEARED PARENTAL RESPONSIBILITY: The following minor children are subject to this proceeding: PATRICK HOUSTON, born 5 2A r , • January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. The Court finds that it would be in the best interest of the children for the parties to share parental responsibility. A. OTBER MEND PARENTING PROVISIONS: In this action, the parents are hereby ordered to observe the following rights of the children, and to follow the shared parenting roles and guidelines. Failure to do so shall subject the parties to sanctions allowed by law. 1. Rights of Children. Both parties are hereby ordered to recognize and acknowledge the following rights of the children: a. Right to a loving, free and open relationship with both parents. b. Right to be treated as an important human being, with unique feelings, ideas and desires. c. Right to continuing care and guidance from both parents. d. Right to know and appreciate what is good in each parent. o, e. Right to love a parent despite unworthy qualities of that e%.3) cs mesa parent. f. Right to forgive a parent for any harm that parent may CI have caused the child, knowingly or unknowingly. v g. Right to never hear one parent running down and degrading the other parent. h. Right to never hear the relatives and friends of one parent running down and degrading the other parent. It is the duty of the parents to prohibit and prevent their relatives and friends from running down and degrading the absent parent in the presence 6 - /5 . . OR: 2041 PG: 1902 of the child. i. Right to express love, affection and respect for an absent parent in the presence of either parent at any time and any place, without having to stifle that love out of a fear of disapproval by either parent. j. Right to know that the parents, decision to divorce was not due to any fault of the child. k. Right not to be a source of argument between the parents. 1. Right to honest answers to questions about changing family relationships. m. Right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. n. Right to have a relaxed, secure relationship with both n parents without being required or allowed to manipulate one parent against the other. o. Right to be encouraged to visit and contact the absent parent, by letter and phone, frequently and continuously. p. Right to have their parents cooperate to make visitation plans for the children and not require the children to arrange for visitation. q. Right to have child support paid timely and in full. r. Right to visitation with a spouse obligated to pay child support even though the child support due may be in arrears or late. s. Violation of any of the foregoing provisions regarding 7 111 • n the rights of the children will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 2. Shared Parental Resnonsibilitx. t. The Court finds that the parents have difficulties communicating about parenting decisions and visitation. The parties need to recognize their duty to allow the other parent to share in parenting or they will have difficulties with parenting decisions. u. Each parent has a duty to promote the other parent in the eyes of the child and to not "run down" or alienate the other parent from the child. The parties will feel a desire to do this if they do not learn how to separate their feelings for each other from their duties as parents. v. The parents must always reassure their children that the absent parent has not abandoned them, still loves them and is D 7v thinking about them no matter how strongly the parties feel that lab the other parent is a "bad" person. The court does not find that •-■ either parent is a "bad" person or a bad parent. The parties must 2q never communicate such an idea to their children. This is what o w shared parenting requires and it is what the court orders. 3. Shared Parenting Roles. w. Shared parenting means that each parent is to have a voice and commitment in making decisions important to the welfare and upbringing of a child. x. The parent with whom the child resides primarily has no 8 2?. i i greater priority or duty to make parenting decisions and may not make parenting decisions without consulting with the non- residential parent. y. Each parent is hereby ordered to be flexible in sharing parenting responsibilities and to facilitate the mutual goal of establishing and continuing a close, full and affectionate relationship between each parent and the children. z. Each parent shall have full access to the children's medical and school records and shall be given copies of all report cards by the parent receiving these promptly after these are received by either parent from the child or the school. The parties shall consult with one another with regard to all medical and educational matters which would have been decided jointly by the parties had they remained together as husband and wife. aa. Each parent shall be timely advised by the other parent of all school conferences, recreational happenings and cz• opportunities that could be shared with mutual pleasure and benefit • the opportunities to so share at appropriate times and places shall be permitted, not limited to weekends, but arranged with due regard 2q for the educational commitments of the children, business and 0 personal commitments of the parents, any relevant health or social 'A` factors and home arrangements of the residential parent. 4. Shared Parentina Guidelines,. Both parents are hereby ordered to recognize that high levels of conflict between them as parents could impair the adjustment and functioning of their children. Both parents must follow the following parenting 9 • • guidelines: OR: 2041 PG: 1905 bb. Each parent shall recognize the child as a total and separate entity from themselves, shall encourage the child's autonomy and will separate the child's needs from the parent's needs. cc. Each parent shall respect the rights of the child set forth above. dd. Each parent shall become knowledgeable about the general developmental needs and characteristics of children at different stages of development. es. Each parent shall be adaptable and flexible in responding to the needs of the children and their behavior. ff. Each parent shall provide the children with an environment in which the children are free to continue to love the n other parent and spend time with the absent parent. gg. Each parent shall encourage the children to have good feelings about the other parent and the other parent's extended family. hh. Each parent shall encourage the children to remember the other parent on special occasions, allowing the children to telephone on a reasonable basis, the time and length of the phone calls to be reasonable under the circumstances. ii. Each parent shall communicate with the other parent openly, honestly, and regularly with clarity and respectfulness to avoid misunderstandings. jj. Both parents shall plan all visitation arrangements and 10 26 4 i exchanges together and not through the child. The child has no responsibility to arrange and coordinate visitation; this is the duty of the parents. kk. Each parent shall plan and consult with the other parent in advance to schedule or arrange time with the child. 11. Neither parent shall take sides or take issue with parenting decisions or actions made by the other parent in front of the child. The parents shall discuss their differences regarding parenting decisions out of the presence of the child. mm. Both parents shall present a united front in handling any problems with the child. nn. Each parent shall consistently enforce appropriate rules and standards for the child although those rules at each house need not be the same. oo. Each parent shall take a consistent and predictable role in the child's lives, using time with the child to strengthen their relationship with the child. rvs pp. Each parent shall take a consistent and predictable role b in the child's lives, using time with the child to strengthen their relationship with the child. o qq. The spouse entitled to receive child support shall not restrict, hinder or deny visitation of the child with the paying spouse if the child support is in arrears or paid late. The court will deal with a nonpaying spouse. rr. Neither parent will, directly or indirectly, influence the child so as to negatively affect the loving relationship 11 .3,a, • between the child and the other parent. ss. Neither parent shall ever "bad mouth" or otherwise speak negatively about the absent parent in front of the child, or otherwise assassinate the character of the absent parent. tt. Both parents will at all times prohibit and prevent other relatives, family members and friends from speaking negatively about the absent parent in from to the child, or uu. Parents who assassinate the character of the absent parent in front of the child, or allow others to do so, will be dealt with harshly by the court and, in general, violation of any of the foregoing provisions regarding shared parenting will be regarded by the court as conduct that is contemptuous of the court's authority and will be dealt with accordingly. 3. PRIMARY RESIDENTIAL PARENT: The Wife shall be the primary residential parent of the minor children of the parties. 4. FREQUENT AND CONTINUING CONTACT TO FATHER: It is in the ?? best interest of PATRICK HOUSTON and ALDONIA HOUSTON that ALBERT N 0 HOUSTON, SR. have frequent and continuing contact with them, sift IMO r-+ including three (3) weekends per month beginning on Friday evening and continuing through Sunday evening. Further, he shall have frequent and continuing contact including one-half (1/2) of the Christmas school vacation, one-half (1/2) of the Easter school vacation, one (1) month during the summer school vacation, and alternate visitation on Labor Day, Memorial Day, Fourth of July, Thanksgiving and other school holidays, including Teacher Duty Days. 12 31. • 5. REAL PROPERTY: The Court finds that the parties own real estate in Collier County and Charlotte County, Florida. The Wife shall have full, right, title and interest to the following-described property: Lots 3 and 4, PINE GROVE, as recorded in O.R. Book 1073, Page 364, of the Public Records of collier County, Florida. Section 4 47 29, Collier County, Florida. Beginning at the SE corner of SW 1/4 of SE / 4 of SE 1/4, run N along E boundary 130' : 88° W 30' to POD; W 135' ; N 01° W 201.30' , E 60' , S 01° E 181.30' , N 88° E 75' , S01° E 20' to the POB. Section 4 47 29, Collier County, Florida. Unrecorded Lot 12, described as: N50' of E 105' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 30' . Section 4 47 29, Collier County, Florida. Unrecorded Lot 13, described as: S 50' of E 105' of N 100' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, less 30' . Section 4 47 29, Collier County, Florida. Unrecorded Lot 14, described as: S 50' of E vul 105' of N 150' of SE 1/4 of SW 1/4 of SW 1/4 ca of SE 1/4 of SE 1/4, less 30' . ca • + Section 4 47 29, Collier County, Florida. N 51.30' of E 137' of W 167' of S 181.30' of SE 1/4 of SW 1/4 of SE 1/4 of SE 1/4, 16 acres. 9? Section 4 47 29, Collier County, Florida. N Lo o 50' of E 137' of W 167' of SE 1/4 of SW 1/4 of o0 SE 1/4 of SE 1/4, O.R. Book 671. Section 4 47 29, Collier County, Florida. Beginning at SE corner of SW 1/4 of SE 1/4 of SE 1/4, run N along E boundary 150' , S 88° W 30' to POB, W 75' N 31.3' E 75' S 31.3' to POD. The Wife shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said 13 • • property and agrees to indemnify and protect the Husband and hold him harmless for these obligations. In consideration of the Wife assuming all of the outstanding obligations of the property, the Husband shall assign or transfer by way of necessary documents his interest in this property to the Wife within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Husband fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. The Husband shall have full right, title and interest to the following-described property: Lot 5, PINE GROVE, as recorded in O.R. Book 836, Page 458, of the Public Records of Collier County, Florida. Lot 6, PINE GROVE, as recorded in O.R. Book 1096, Page 1171, of the Public Records of Collier County, Florida. Block 9, CARSONS ADDITION,Lots 8 and 9, O.R. Book 671, Page 383, of the Public Records of Collier County, Florida vr Block 9, CARSONS ADDITION, Lot 6, O.R. Book 1477, Page 855, of the Public Records of Collier County, Florida. .°�• I - Lot 25, TRABUES ADDITION, Punta Gorda, O.R. Book 598, Page 1472, of the Public Records of Charlotte County, .. Florida. •-• Lots 29 and 30, TRABUES ADDITION, Punta Gorda, O.R. Book cm) 363, Page 992, and O.R. Book 411, Page 850, Public Records of Charlotte County, Florida. The Husband shall be financially responsible for the mortgage payments, taxes, insurance and maintenance expenses for said property and agrees to indemnify and protect the Wife and hold her harmless for these obligations. In consideration of the Husband assuming all of the outstanding obligations relative to the 14 .3% . i property, the Wife shall assign or transfer by way of necessary documents her interest in this property to the Husband within ten (10) days of the signing of this Final Judgment of Dissolution of Marriage. If the Wife fails to sign the necessary documents within the ten-day period, this Final Judgment shall act as a conveyance of the property. 6. SUPPORT OP THE CHILDREN: The Court finds that both parties have an ability to provide child support and maintenance for their minor children, PATRICK HOUSTON, born January 17, 1979, and ALDONIA K. HOUSTON, born January 12, 1981. In accordance with the Child Support Guidelines, the Husband shall pay to the Wife as and for child support the sum of $1,000.00 per month or $232.56 per week, which shall first be due on the Friday following the entry of this Final Judgment of Dissolution of Marriage. Thereafter, the child support payments shall be due on Friday of each week. The above support payments shall be made through the Collier O County Clerk of Court, Support Department, 3301 E. Tamiami Trial, o Naples, FL 33962, and shall include the service charge or such b other fee as imposed by the Clerk according to law. CI All such payments shall, where by mail, be made by cashier's • check, personal check or money order with the case number and a notation "child support" made on the cashier's check, personal check or money order. The support rights of the children shall terminate and the obligation of the Husband to pay support shall cease upon: A. The death of the child, 15 34. • B. The child reaches 18 years of age. If a child is still in school when he attains his 18th birthday, support shall continue until graduation from high school, C. The valid marriage of the child, D. The lawful entry of the child in military service. E. Said child support shall continue even though the parties° minor children are not in the physical custody of the Wife for brief periods of time due to education or vacation. 7. DIVISION OF PERSONAL PROPERTY. The Court finds that it would be fair and equitable to award the Wife the following: a. 1983 Truck b. Sewing Machine c. Typewriter d. Piano e. Grandfather Clock f. Tools in one Toolhouse V* g. 1990 LTD automobile ^' 0 .a• h. Lawnmower chosen by the Husband ' + 7 i. School pension G G j. Any other personal property currently in her possession. 2 The Court finds that it would be fair and equitable to award the Husband the following: a. 1991 Truck b. 1993 LTD automobile c. Remaining Tools d. Remaining Lawnmowers including Riding Lawnmower 16 35 • e. Any other personal property currently in his possession. 8. TRIAL OF THE CASE. The Court finds that ALBERT HOUSTON, SR. and EKMA HOUSTON are intelligent, actively participating in the trial of this case, have been represented at all stages of this action by competent counsel. 9. MEDICAL INSURANCE FOR CHILDREN: The Court finds that the Wife, EMMA HOUSTON, shall maintain her medical and hospitalization insurance for the benefit of the minor children. The parties shall be equally responsible for the deductible and any uncovered medical expenses for the benefit of the minor children, including but not limited to, hospitalization, out-patient services, prescriptions, optometric expenses, counseling, dental and orthodontic services. 10. PERMANENT PERIODIC ALIMONY: Based upon the equitable distribution and debts to the Husband, the Court finds that the Wife's request for permanent periodic alimony is denied. 11. RETROACTIVE TEMPORARY ALIMONY: Based upon the evidence Gay and testimony at trial, the Wife's request for retroactive .s, temporary alimony is denied. `' 12. CREDIT FOR DEFENDING LITIGATION: Based on the evidence Gg presented at trial, the Court denies the Husband's request for a `4:b.+ N credit for defending the outstanding litigation is denied as the Wife will have her own expenses for that litigation. 13. ATTORNEY'S FEES: This Court specifically reserves jurisdiction on the issue of attorney's fees and court costs. The parties are ordered to attempt to resolve this issue but, if they are unable to resolve same, the Court will entertain a hearing on 17 .3c. • s • the issue of attorney's fees and costs. 14. RESERVATION 01 JURISDICTION: This Court specifically reserves jurisdiction of this matter to enter such further orders as may be necessary for the enforcement of this decree. Further, both parties are ordered to take such reasonable and necessary action and to conduct themselves in manner conducive to carrying out the intent and purpose of this Judgment. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this 774". day of ,/!.4,4111/ , 1995. Jay Cir it dge Pursuant to Rule 1.080, service of the foregoing has been made this 7'. , day of 711(4x/ , 1995, upon: Howard Atkin, Esquire P.O. Box 2856 Ft. Myers, FL 33902 Dewey Mockler, Esquire P.O. Box 749 Ft. Myers, FL 33902 alb C By: i :��.�.�. A • /,i i ( udicial Assistant) ....16 a0 CAD 18 POINOWL so I . . . • ,--\ OR: 2041 PG: 1914 FCCOS] OCC24] IDC169602000023C0000080 0008JCHOUSTON, JEANNE A 3 S NAME-1 <OR> STRAP <OR> STREET FOLIO ID . . LEGAL-1 . OR. NAME-1 C ][HOUSTON ET UX, RALPH F ]C39896880007]CGOLDEN GATE EST UNIT 64 W ] C ][HOUSTON TR, MARY LOUISE ]C19135008649]CSEAGATE UNIT 1 LOT 32 OR 3 C ][HOUSTON, ALBERT ][00125880088][4 47 29 BEG AT SE COR OF 3 C ][HOUSTON, ALBERT ][08126088184][4 47 29 BEG AT SE CNR OF SW1/3 C ][HOUSTON, ALBERT 3C001269600083C4 47 29 N SOFT OF E 137FT OF ] C 3CHOUSTON, ALBERT ]C25631120004]CCARSONS ADD BLK 9 LOTS 6 3 '-' 3CHOUSTON, ALBERT ]C25631200005]CCARSONS ADD BLK 9 LOTS 8 + 9 3 3CHOUSTON, ALBERT 3C66930208008]CPINE GROVE LOT 6 OR 1896 PG 3 C 3CHOUSTON, ALBERTR& EMMA ][00125960809][4 47 29 UNREC'D LOT 14 DESC A] C ][HOUSTON, ALBERT■A EMMA 3[801261608023[4 47 29 UNREC'D LOT 13 DESC A] C ][HOUSTON, At.BERT�b EMMA ][081268808877[4 47 29 N 51.30FT OF E 137FT 3 C ]CHOUBIAN,.. ALBERT"'& EMMA ][80127563404][4 47 29 UNREC'D LOT 12 DESC A] C ][HOUSTON, ALBERT•8 EMMA ]C66930120007]CPINE GROVE LOTS 3 + 4 OR 18733 C ][HOUSTON, CAROL ANN ][00593720004][21 58 33 N1/2 OF NW1/4 OF 3 C ][HOUSTON, DERRICK LEON ]C740304000043CS IMMOKALEE NGTS BLK 1 LOT 12] C ][HOUSTON, DIXIE DELORES 3C405779280083CGOLDEN GATE EST UNIT 75 W 3 C ][HOUSTON, EMMA; ]C66930160009]CPINE GROVE LOT 5 OR 836 PG 3 C ][HOUSTON, HELENA 3C709215337093CROCKY PINES ESTATES UNIT 2 3 C 3CHOUSTON, JAMES W=b PATRICIA M3C810734000853C2 52 29 E1/2 OF SE1/4 OF 3 C ][HOUSTON, JEANNE A 3C16960200002]CFT CHARLES DR SECT PORT ROYAL] USE TOP LINE AS NORMAL REQUEST LINE. = MARKS WANTED FOLIO COL S. RES476 November 28, 1994 I HEREBY CERTIFY, that the above represents the portion of the Collidr +CoUnty Index of property owners indicating properties in the name of Albert 6 Emma Ouuston. A printout of each property is attached. • Abe Skinner, C f ! Collier County Property Appraiser #1/4PLA1NTIFFS palm 93• ? Th .31 . • • . . i OR: 2041 PG: 1920 CC053 OCC243 IDC001258800083C800000000003C 3 'OLIO C00125880008] OWNER>CNOUSTON, ALBERT ] TRAP 0472904 086.0062E041C411 , 3RD ST ] * * * * * * * * 113 C 1143 ITM C15] C 3 TAX ROLL FORMAT ALE DATE C 4]C08893 C 3 * * * * * * * * • $ AMT C 50003 C 3 ACRES C . 283 CIMMOKALEE FL 3[339343000003 AREA CI] TRS—) [47][29][04] 1993—VALUE CERT-94—VAL EGAL-1 C4 47 29 BEG AT SE COR OF 3 C 023 LND SC 39253 C 39253 —2 CSW1/4 OF SE1/4 OF SE1/4 RUN N 3 USE—CD IMP SC 184003 C 18025] �- —3 CALO E BDRY 130FT;S 88DEG W 3 TOT SC 223251 C 219503 —4 [38FT TO POD, W 135 FT; N 01DEG3 TAXABLE SC 22325] C 21950] i MSTD—X $ C 0] MILL—CODE 00%—X $ C 0] C 53 CNTY SC 80.233 MSTU SC 41.96] CIV—X $ C 03 S—SL SC 130.933 WMB $C 9.243 VET—X $ C 03 MILL—RATE S—LB SC 51.60] ISD SC 43.81] $LD—X $ C 0] sC16.37363 CITY $C .00] VADP $C 1.633 . WID—X $ C 03 —1994- AG—X $ C 03 *APPROXIMATE --> 1994 TAXES (-- TOTAL SC 359.403 WH—X $ C 0] N LOCATION CIM 3RD ST S 4113 RES477 '•` • % s L ; r 24 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Subway Plaza, Inc Ajay R. Patel, Registered Agent CEB No. 2007-116 DEPT No. 2007040895 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-10 Deed 11-12 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-116 Dept. Case No. 2007040895 Plaintiff, vs. SUBWAY PLAZA, INC, Respondent AJAY R. PATEL, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 10565 Tamiami Trail North SERVED: Subway Plaza, Inc, Respondent Ajay R. Patel, Registered Agent Inv. John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE / COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-116 vs. DEPT CASE NO.2007040895 Subway Plaza Inc,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41,as amended,the Collier County Land Development Code, section(s):2.02.03, 10.02.06(B)(1)(A), and 10.02.06(B)(1)(e)(i). 2. Description of Violation:A Commercially zoned structure with a second story being used as rental property for the employees of the Subway restaurant located on the first floor.Additionally, second story has been altered from originally permitted condition without first obtaining the proper Collier County permits. 3. Location/address where violation exists: 10565 Tamiami Trail North 4. Name and address of owner/person in charge of violation location: Registered Agent/President Ajay R Patel 5099 Post Oak Lane,Naples Florida 34105 5. Date violation first observed:April 26,2007 6. Date owner/person in charge given Notice of Violation:May 11,2007 7. Date on/by which violation to be corrected:July 09,2007 8. Date of re-inspection: September 28,2007 9. Results of Re-inspection:Non-compliant,permit not issued. 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 28th.day of September, 2007 # / }s,4 J antafemia Property Maintenance Specialist STATE OF FLORIDA COUNTY OF COLLIER ,,,,rr// '1 ('� Sworn • (or affirmed)and subscribed before this✓ iay of ,2007 by CA ex} t'-Q- o, -■ `Signature o Notary Public) (Print/Type/Stamp Commissioned Name of g _STATE OF FLORIDA Personally known or produced identification Shirley M. Garcia Type of identification produced •,,...,/ Commission#DD501305 Expires: DEC.21,2009 BONDED THRU ATLANTIC BOND LNG CO.,INC. REV 3-3-05 2. • Case Number 2007040895 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION G. .er: SUBWAY PLAZA INC Date: 05/11/07 Investigator JOHN SANTAFEMIA Phone: 239-403-2397 Ajay R Patel-Reg Agent/President Zoning Dist C-3 Sec 28 Twp 48 Rng 25 Mailing: 1647 MANCHESTER CT Legal: Subdivision 1267-NAPLES PK Block 6 Lot 3 NAPLES,FLORIDA 34109 Location: 10565 TAMIAI fI TRL N Folio 62412280003 OR Book 3485 Page 3216 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) : Pursuant to Collier County Code Enforcement Board You are directed by this Notice to take the following (CEB) Ordinance No. 05-55 and 97-35,as amended,you are corrective action(s) notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- ...eakesIgitiaipavadiliatwigitagaiicifitig44&4 s described location. l roe vfr.ah s� etsaeptfr: 9 s ap " o d : o :. : allowable iiiigititia..t414tbligaintifgagritiliiiiiiiiiiTiitlitie Ord No. 2004-41 Section 2.02.03 = v` ` a. �, ` 5 1 k ® Gol�ter��uu'1��`anclt`�1)evelopmeut� Code..�`2Ii0t41. ®Ord No. 2004-41 Section 10.02.06.(B)(1)(A) Additin . ta all equir:edl wgrmitsinspecon s Ord No. 2004-41 Section 10.02.06(B)(1) e O(i) : t-� y , Y and a ce Hof Occupanc for any . and t al ❑Ord No. Section . ae tua living i . ialtera�x ns othe.Sondsory: space. ❑Ord No. Section ❑Ord No. Section (Supplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE •-■yIOLATION(S). Jid Witness ON OR BEFORE: JULY 09 2007 A"Comtnerc>ialh °zoned structure with .a�second story'being QV-fa; rrt al ifiroiaiVIOTI tilltatitiiiiarciefilig Subway Failure to correct violations may result in: restaurant iocateat24:1the iist$lfloo - i d tionally a.second 1) Mandatory notice to appear or issuance of a citation algal has' ty: ai-ti reI onm o ' "m: a ei mit en zo diion that may result in fines up to $500 and costs of without^f"rstitili a nin' ha propere.Go'llier-County'pe its prosecution. OR 2) Code Enforcement Board review that may result in Supplemental attached fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR John Santafemia SERVED BY: 2800 No.Horseshoe Dr.Naples,FL 34104 OPersonal Service ['Certified Mail ['Posting of Property (239) 403-2397 Fax(23#03-2343 / / ❑Fax ❑Mail Investigator signature , a VIOLATION STATUS: Signature and Title of Recipient ®Initial ['Recurring ['Repeat Print n Dated this 11TH day of JUNE ,2007 AFFIDAVIT OF POSTING ESTh} — n Respondent(s): Subway Plaza Inc Ajay Patel-Reg Agent Code Case 2007040895 5099 Post Oak Ln CEB# Naples,Florida 34105 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑Other: I, John Santafemia , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described documents) for the above respondents at 10565 Tamiami Trl N (Address) on 06/11/07 , 1230 DAM ,and at the Collier County Courthouse. (Date) (Time) (�� 4 I Oyu Si tune Property Maintenance Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 11th day of June 200 7 ,by John Santafemia . (N-oe ,f.erson .e•. 'igst- -ii nt) — � /�� A t1/_ .L i:1:ture of Notary Public) :;,),:, ..4.,.,, (P t,type or stamp ; `')i '.,1' `J.,La:Xi; :utli�i),),: Commissioned name of Notary Public).. >'-' 'idx'Sa�1�.��; tiff'' Z i_. ::r , ),..:17061648F lylf Personally Known Lo?, -o Ti;;t A.11:-.671i '41,'71)1'' ,,', dic Produced Identification Type of Identification Produced A rg,a....:+..co....+:..,. ll.-in r,.1 to File re,rvw of Pnetari Nntir.P and Pictures Attached 6/03 4 • n AFFIDAVIT OF MAILING 4111) Respondent(s): SUBWAY PLAZA INC Code Case AJAY R PATEL - REG AGENT/PRESIDENT CE$ 5099 POST OAK LANE; NAPLES, FL 34105 Case Nbr - 2007040895 THE DESCRIPTION OF TEE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) otice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear • ❑Code Enforcement Board Evidence Packet ,. ❑Other. I Pr" \J2 .( j j16L.tk,9 ,hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) • notice referenced above,has been sent by First Class,U.S.Mail to the above respondent(s) at (Address) this ��'. , 2007 • c / •On th1 �� day of S i re • cs.....STS i STATE OF FLORIDA . COUNTY OF COLLIER r l • Sly. • to(or< : ed)and subs nbed before me .'s da •f � . = 200 ,by �1i /O __ . ,r� _ / La • r?6!!o p-, O: .-.Ici : star,Hey / (;, Wolfe. t= • �• �sl. I - :.V•P i,i11 X7344? .s t ;o . ."e4 �,oission#DDS I ( ignature of Notary Public) (,:`��`o� xrires:Dec 07,200• :":. :il, ` g onled'T1eai(Print,type or stamp 'T pF�`° :+Ylartic Bonding Cu..lnc. . Commissioned name of Notary Public) • " Personally Known k Produced Identification. Type of Identification Produced • 4 Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication.Develomee Code readily avaable to the public is hoped that their publisher have Land resulted in making the Development INSET: MUNICIPAL CODE CORPORATION Tallahassee,Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, .SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE UDINGSECP 6O 1EOOE GTENERALLYEQSEC E6.0 PUBLIC C FACILITIES REQUIREMENTS, INCLUDING ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County 7 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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 0 3330883 OR: 3485 PG: 3216 RECORDED in OFFICIAL RECORDS of COLLIER COIIETT, FL 01/16/2004 at 04:05PE DWIGHT E. BROCK, CLERK COIS 438292.00 n Prepared by and return to: EEC FEE 10.50 DOUGLAS L.WALDORF,JR. DOC-,70 3068.10 Attorney at Law Retn: HENDERSON,FRANKLIN,STARNES&HOLT,P.A. (Fort Myers) ®EDBRSOE PR>tEKLIE IT AL 1715 Monroe St.P.O.Box 280 1115 MONROI ST Fort Myers,FL 33902 FT MRS FL 33901 1072 File Number: Wachovic.Subway Will Call No.: Parcel Identification No.62412240001 [Space Above This Line For Recording Dalai Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this 15th day of January,2004 between JOSEPH CANDITO,JR. and SUNALI AJAY PATEL whose post office address is of the County of Collier, State of Florida, grantor*, and SUBWAY PLAZA, INC., a Florida corporation • r• • address is 10563 Tanuami Trail North,Naples, FL 34108 of the County of Collier,State of Flo ',, ,-:1-. Witnessed' that said grantor, for and •deration of the sum of ' • II NO/100 DOLLARS ($10.00) and other good and valuable considerations to sai• I, . • 6. .• r, • 'aid by said gran - , th'receipt whereof is hereby acknowledged, has granted, bargained, and sold to th sai• ' . :,,antee irs and . si 14 forever, the following described land, situate,lying and being in Lee Conn , 'ilr, "1 IRO 2, : "'5 6, P � 1 . ...rding to the plat thereof Lot 1, 2, 3, 4, 5, 51 and . recorded in Plat Book 1,Ps l' ,.•! ., of 4,_i ' '∎1. ,Florida THE SUBJECT PROPER �gL OMMERCIAL PR' ,:' ' ." NOT NOW,NOR HAS IT EVER BEEN,THE HO .i PROPERTY OF J " _.4 11 ITO,JR.OR SUNALI MAY PATEL,NOR IS IT CONTIG 7v 4! a THEIR HOM Dr"! 776 PERTIES. ta �i1 ; end the same against lawful claims of all persons and said grantor does hereby fully warrant the ti� s��u�'��>� whomsoever. *"Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed - d delivered in our presence: /_ is/ (Seal) Wit ss Name: l 6�� • dA+i-i c`-' e SEPH CANDITO,JR. (Seal)tress Name: I'-j'-) . ,--,-t-SC-C-j`' S ALI AJAY PATEL Doubl.Time• *** OR: 3485 PG: 3217 *** State of Florida County of Collier The foregoing instrument was acknowledged before me this (5 day of January, 2004 by JOSEPH CANDITO, JR. and SUNALI MAY PATEL,who[i are personally known or[X]have produced a driver's license as identification. [Notary Seal] Notary he o Printed Name: C-A,�2h� ,04N,5d -4 MY COMMISSION E DD 161331 . EXPIRES:January 31 200 M Commission Expires: 31 - a o o 7- e a t , G COQ'' (7) (.1C 0 r--4 C) fE Warranty Deed(Statutory Form)-Page 2 Doub1.Tlme. _ /2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-116 DEPT NO. 2007040895 Subway Plaza Inc Respondent(s), STIPULATION/AGREE NT COMES NOW, the undersigned, on behalf of himself or as represent tive for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007040895 dated the 11th day of May, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29th 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 2.02.03, 10.02.06(B)(1)(A), and 10.02.06(B)(1)(e)(i) of the Collier County Land Development Code Ordinance 2004-41 as amended and are described as A Commercially zoned structure with a second story being used as rental property for the employees of the Subway restaurant located on the first floor. Additionally, second story has been altered from originally permitted condition without first obtaining the proper Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$432.45 incurred in the prosecution of this case within 30 days of the scheduled hearing date. 2) Abate all violations by: a) Cease use of second story residential living space as rental property for all residents except for what is allowable in the C-3 zoning description outlined in the Collier County Land Development Code 2004-41 within 7 days of this hearing or a fine of$50 per day will be imposed for each day the violation continues b) Additionally, obtain all required permits, inspections and Certificate of Occupancy for any un- permitted alterations to the second story living space within 90 days of this hearing or a fine of $200 per day will be imposed for each day the violation continues. c) Alternatively, respondent may obtain a demolition permit and convert the second story back to its originally permitted condition and obtain all inspections and Certificate of Occupancy within 90 days of this hearing or a fine of $200 per day will be imposed for each day the violation continues. 4) The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement a) Respondent must notify Code Enforcement that the violation has been abated and request he nve igator to come out and perform a site inspection. ll Respo •ent F°r ichelle Arnold, Director I-� —0 7 Code Enforcement Department COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Tollgate Commercial Center James R.Nici Registered Agent CEB No. 2007-117 DEPT No. 2005050579 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7-10 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-117 Dept. Case No. 2005050579 Plaintiff, vs. TOLLGATE COMMERCIAL CENTER, Respondent JAMES R. NICI, REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE; Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: Tollgate Commercial Center Tract D, Phase 3 SERVED: Tollgate Commercial Center, Respondent James R. Nici, Registered Agent Inv. Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-117 vs. DEPT CASE NO 2005050579 Tollgate Commercial Center James R.Nici,Registered Agent STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 04-41, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance 04-41 The Collier County Land Development Code section(s)3.05.08(A) Requirement for Removal of Prohibited Exotic Vegetation 2. Description of Violation:Preserve is overgrown with prohibited exotic vegetation. 3. Location/address where violation exists: Tollgate Commercial Center Tract D Phase 3 Naples,Florida 4. Name and address of owner/person in charge of violation location: James R.Nici,Registered Agent 1185 Immokalee Rd. Suite 110 Naples,Florida 34110 5. Date violation first observed: 5-12-2005 6. Date owner/person in charge given Notice of Violation: 6-01-2005 7. Date on/by which violation to be corrected: 6-30-2005 8. Date of re-inspection: 8-30-2007 9. Results of Re-inspection:Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 20th day of September 0 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swim to itti affirmed)an subscribed b ore me this 20th day of September 2007 by Susan O'Farrell. Al P • r (Signa - of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced OTARI'PUBLIC•STATE OF FLORIDA Diana M. Hindall •, =Commission#DD618572 •`Expires: NOV. 29,2010 BONDED THRU ATLANTIC BO\DL\G CO., REV 3-3-05 2. COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT .----5 ^T0: ORDER TO CORRECT VIOLATION(S) : Coll Gate Commercial Center You are directed by this Notice to take the following A M Papineau corrective action(s) 1165 Clam Ct.Apt 13 Remove prohibited exotic vegetation and maintain Naples,FL 34102 property free of these prohibited exotic plants in perpetuity in accordance with Ord. 04-41 as amended sections 3.05.08. The base of remaining vegetation shall be treated with a U.S. EPA approved herbicide LOCATION OF VIOLATION(LEGAL AND ADDRESS) and a visual tracer dye shall be applied. Remove all Within Collier County Zoning District: vegetative debris to an appropriate waste facility. Sec 35 Twn 49 Rng 26 Subd 1777 Removal shall be conducted by hand removal Blk D Lot 1 Parcel methods only. Of Collier County Record. Property ID: 76885100557 PUD 83-18 Tract D Unit SDP OR 1731 Page 2044 : OR Page ON OR BEFORE: June 30, 2005 AKA(Address) Tollgate Commercial Center Tract D Phase Three(Co n servation/Preserve/Drainage Easement) PENALTIES MAY BE IMPOSED: Failure to correct the NOTICE violations on or before the date specified above will result in, 1) Pursuant to Collier County Code Enforcement Board the filing of an affidavit of violation with the Collier County (CEB) Ordinance No. 92-80 and 97-35, as amended,you are Code Enforcement Board, "C.E.B." or Special Master , notified that a violation(s) of the following Collier County charging you with the violation(s) as described on this form. You will/have receive(d)notification that a hearing will be held Ordinance(s) and or PUD Regulation(s) exists at the above- which you and/or a legal representative may attend. Failure to ^described location. appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board Ord No. 04-41 as amended Section 3.05.08(A) fmds a violation exists, a maximum fine of$250.00 per day in Ord No. Section the case of a first violation, a maximum fine of$500.00 per day Ord No,. Section for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" or Special Master finds the PUD#s: 83-18 violation to be of an irreparable or irreversible nature. Fines Regulations: may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed Sections: against you for any violation, or, 2) the issuance of a Notice to Dated: Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation DESCRIPTION OF CONDITIONS CONSTITUTING TAE which you may pay or contest in the Special Master Hearing VIOLATION(S). where penalties of up to$500+costs may be imposed. Did Witness: 5/12/05, Preserve areas contain prohibited SERVED BY: exotics including Melaleuca, Brazilian pepper and Personal Service ['Certified Mail ['Posting of Property Australian pine trees. Area has not been maintained as Ck�r`�, C d.� required by the Collier County Land Development Code I, "%ERE-- acknowledge and Exotic Removal Maintenance Plan submitted to Collier that I have received, read, and understand this notice of County in February of 2000. vi• -•on Signature an itle of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE �''Iar 1�.5 �n0 ENFORCEMENT INVESTIGATOR Christal Segura 2800 No.Horseshoe Dr.Naples,FL 34104 Print ^(239) 403-2444 Fax:(239)403-2343 ., Dated this 1st day of June ,2005 Investigator signature *iota f9 Lt VIOLATION STATUS: Reference case number: 2005050579 [Initial Recurring Repeat COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.07 C. 3.05.08 IL Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. iii. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance.Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site alter- ations shall have a minimum 10-foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H.,which were adopted on or after June 19, 2003. (Ord. No. 05-27, § 3.M) 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Supp. No.2 LDC3:40 4 RESOURCE PROTECTION 3.05.08 3.05.08 A. Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium app.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services directors field representative. Supp.No.2 LDC3:41 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.08 A. 3.05.10 A. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegeta- tion removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section.The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents, awnings,cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit,prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. (Ord. No. 05-27, § 3.N) 3.05.09 Designation of Specimen Tree By resolution of the BCC, a plant may be designated a specimen tree because of its historical significance, rarity in the County, age, or extraordinary size. 3.05.10 Littoral Shelf Planting Area (LSPA) The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl.Contained within such a lake,this area will typically function as a freshwater marsh.Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. Design requirements. 1. Area requirements.The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: a. Rural Fringe Mixed Use District - 30 percent. This requirement may be reduced subject to the incentives identified in section 3.05.07 F.4.b.; Supp. No.2 LDC3:42 '-if-(4:2:. r . ,� PAt ,- :;i t asp:r t AMMO! $MID sada thealleasedw or hey, OM by h. Ns ,- ill V � .I . � dement chat My is, Mat tiAorehfr t Y Sot or Is awe Oa*ream of deasmat 090•1071, , ull a a the city i OM r mot to a to as the o i. to lie to or to sasses and diesel, er har nr ainalt� described, . to TOM i CArS CONNERCZA Cal riU a partnership organised and existing under the laws of the state of Florida, whose post orrice address is c/e A. K. Peplums*, 1145 Clad Court, #13, Maples, d! Pieria 339i2, hereinafter called the grantee. (Wherever used herein the tens "grantor" and "gran" include all �`,� the parties to this instrument and the heirs, legal representatives and assigns of the individuals, and the successors and assigns of - "'NS corporations.) VI WITNTHZ That the grantor, for and in consideration of a valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: a„ SEE EXHIBIT "A" AND EXHIBIT "B" ATTACHED cm r The benefits and obligations hereunder shall inure to and be co °v binding upon the heirs, executors, administrators, successors and o e: assigns of the Grantee, and the Grantor does hereby fully warrant the title to said property a fend the same against lawful co i r,,, . and under Grantor, but claims of all persons cl a 'a is .. j ee of all encumbrances, o c°.�against none other; an° �i� ettt to De�� except taxes accruing •1e 31, 1991. This document 's ex .e• - • s liv- • for the purpose of terminating the - ■ - , 'in• th property to the �\ beneficiaries of t e c- sideration. WITNESS WH,Li a•'�✓' _ - y, .' - - signed and sealed IN WITH , n.itten. these presents the • • 7 and year fir Signed, sealed and d- `1--red O in our presence: ,11, 411011110 I - ' • N. • -. r • 1 Printed Name •OBERT S. HARDY l M cu., a)!C w o As Successor Trust-, s of that certain Trust established by A k '�_r,Ate, document dated July 15, ‘f priate Name �` therein Barnett Bank of Naples i 1\ s d� is named as Trustee of Trust ,,, Trd� s Document #50-1072 p l k, ? ,S,i .s;' 4 � ` f. :-..,E.,•:,-'. eJ+.4 " s W. +.AL t. 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Ramp rmpoir i soak ant 1 • ` .7- 0111.11 • MOPE age tea ONO OP Mat itt.NEPlet NI iff list Meat OtyPtallhale Mee ef tate!Nat VI Ii• 4 * ' tro Isibb 0116' OF -,--- - _Mr.lteiffated WOO 411411161t.. * etellelt *wit OM Menw•fafff line V/Wee 111114 ft ef0Ststfo liatyl at the NM ellatiee ••• It Nate Or lose 111101.•fan II *Oh$1140.4111 Wasik SIMMS het It Myth 1111e411411*"mkt MIS NOS el Worth W41'42"west Mat itettS $t North w4v4r 181166 M.*fee e*•peat am the test Lteltal Meese.rehtePwai this St Stew Nod$2 114* *inn centime Mang sold 1.1Mitei Acesa. rt#ttef-wei tine of State C) Read 1112 11•1$11 at the Matt"filo!auras: =I 1) North 314.11P42"test M.w hell C21 ......6 MOO 71 Rath 21•42P4116 test 1011.111 het 21 North 45042'4110 test 159.111 has CI CO el North 1111•47'410 test Mite feats Pe ..... 91 South 1/64V-I2'tut 311.52 lists s) South 1$0414r ran 3111.21 fasts 7) South l5049*-17* East 1111119.31 ISMS 111 Seals 73'.O0'41*East 190169$test; 91 aeuthtaatSVlV 233.17 fest along the are of a circular curve concave to the nevthiast. having e Mate at 116.7116 feet. IubtOwde&I by a chord which bears South ISP-32147°East 233.17 feet to the north sightrot‘way has of Stets teed a IAINgster Alkyl; and the Point of Beginning of the parcel herein dscribed: being a pert of south 1/2. Section IS, Township 1:9 South. Range 26 East. Collier County. Florida: subject to oeseroonte and restrictions rimer* ' =Malan NM acres of lend more or Ina • cm bearings are based on Florida Department of Transportation right•-of-way map '•1:1 Cs for State Reed 92 11-191. • ALSO INCLUDING THE FOLLOWING . , CR 00 • 01 Description of part of ,.,•• , ■-, Township 49 Range 26 East, and part of Sec "'• ownehlp 50 South, R - East. Co111 Co . z• do , Section 2 for a POI T • I t eN .f-v.d 4ction ,•••■ C ENCE at an iron pi•e •,if ..„.- -',..Nit•' ' ' 2; thence North 89' II5' 1" je "i t , e .{ sold 14-2_,&,, , • 7 • 0 1 East. 59.98 feet: thence -- „ b a t ' "• t - t: ti on • course traversing from • .,•• •t. ,.. so, •. • e tr, 2.448.74 feet; thence No • ' • 46' 16" West, 71.5 eet; Ihen- .• th 01. 28' 34" West. 705.25 .1 the Easterly Limit • , a a R igo,,ne of 5.11. 951 (Section 03175-24 .. hence South 10* 2 -•• -,s,40."%Ps 1 ' feet: thence South 39 he ' 'rt. 209.91 feet: t op , '• 03' 58" East. 709.38 feet: thence •r,,,w,"'4.6' 16" East. 1.. 091 eft: thence South 89 45' 01° East, kit , feet to the -•171,16 slating Limited Access Rib Line of S:R. ,,a, sa . frfsj 47' th 00• 02' 19" East. 200.00 feet to the POINT • / Less and except the East 100.00 feet thereof. _ Containing 30.835 acres, more or less. The entire project area is 100.235 acres. 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J , S r -;:;_::•.';'2•;:'-'•:,•.=!..-_---•`.;-'' t A t J . y ii S t f t N" t � :t t t r t _ L ' ) I l r l �l a 7 t Y 1 L -: z y Jt,,f ,1: � 1 \ I - ,':� 1 i •FF t'" ..4 : i f ..r S �'4 f j 1 i /0' COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005050579 DEPT CASE NO. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Tollgate Commercial Center Inc.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 11-29-07,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4309 PG 1299, et. seq. 2. That the respondent+ contact the investigator. 3. That a re-inspection was performed on 7-21-08. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 5-29-08. FURTHER AFFIANT SAYETH NOT. DatedJuly,21,2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD . 0 1 Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn or affirmed)an bscribed before me this 21st day of,July,2008 by Susan O'Farrell. (i 7 t Ll�L1t (Signature of Notary Public) 7 NOTARY PUBLIC-STATE OF FLORIDA 4. Indira Rajah (Print/Type/Stamp Commissioned )Commission#D )727241 Name of Notary Public) '"'' ,,,,,,0 Expires, DEC.07,2011 $O1 1 THIN)ATLANI1C I MMO CO,,INC. Personally known 4 Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA I. z... oo 0 BOARD OF COUNTY COMMISSIONERS, a COLLIER COUNTY,FLORIDA, 0 ; 70 .-4 Ue C2 N OS D.Petitioner, CEB NO.2007-117 0 M vs. 5 TOLLGATE COMMERCIAL CENTER, JAMES R.NICI,REG.AGENT, Respondent / o o NO C" o w N b FINDIN •F F• •N L I•NS " ° •"'' OF LAW mil;i ;• 1Vi� BOARD ^ r, w o cam THIS CAUSE came on for public heari : . .. 1 e Board on Nov -. : L.' 2007,and the Board,having heard N C"• testimony under oath,received evide e, • eard respective to all ap. •pria matters,thereupon issues its " y O Findings of Fact,Conclusions of La ,an. •. . • • Board,a ollows. c a 2 1� o P.. I I. That Tollgate Commerci:I Ce : o o t i� ), .. r, 2 2. That the Code Enforcem O.:rd has jurisdiction of r . . of+ spondent and that the to L. G- Respondent,having been duly noti ! 1. : ed at the public h-;i.-_ . - •rrill,and entered into a 'A CI F--• Stipulation.. Q N 3. That the Respondent was notifies '' .:L heart: b i i d mail and by posting. r 4. That the real property located at Tollgate - nter Tract D.,Phase 3,Naples,Florida,Folio F. 76885100557,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,section 3.05.08(A)in the following particulars: aid MN Preserve is overgrown with prohibited exotic vegetation. o. ORDER OF THE BOARD .. 0 Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.08(A)be corrected in the following manner: 1. By removing all exotics from the Preserve area following the standards set forth in Collier County Ordinance 04-41 within six months(May 29,2008),with special attention paid to the following phrase: All exotic vegetation within the first 75 feet of the outer edge of the preserve will be physically removed. Any exotic tree that is removed must be cut down to grade and the stump treated. Exotic vegetation within the interior of the preserve (beyond 75 feet from the outer edge)area can be treated in place if it is determined that the physical removal will cause more damage to the native the stump must be treated with a United States Environmental Protection Agency (EPA)approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Any necessary Collier County or State permits must be obtained for the removal of vegetation. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29,2008, then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$689.02 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 je‘ day of, ,2007 at Collier County, Florida. O' • EN COLLIER • • ' LORIDAA Li :Y: -.1./. ‘ tr. ett,Ch.'r '' . • .. • oe 1 rive 0 p STATE OF FLORIDA ) )SS: h v,. E-■ COUNTY OF COLLIER) C'{ The foregoing instrument w I;,.'owledged before me t i s�► .41. .f_Des_r �.ht r , ?o 2007,by Sheri Barnett, Chair of the C• , •rcement Board of Col • . ty,Florida,who is personally known to me or �•. : ...,. . : •� 7r's License as identification. w lIEC1 — KR S INE HOLTON NOTARY PUBLIC MY COMMISSION i DO 686595 My commission expires: •• 6-.26-.2.,S: e18,201t ' .4.. DQ June Sandal uNalry scUnde s.. w No Co State of FLORIDA :ounty of COLLIER HEREBY CERTIFY THAT this Is s true M/ correct copy of nonithnintonsflle In Board Minutemafld'R-'--;'s of•ColIer 001111` W}};Nr gSS m hd, . id :, 1" tha b iay ak u�' WI E. BROG , LERK OF OURTS / D.C._ 1/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Toll Gate Commercial Center,do A.M.Papineau, 1165 Clam Ct.,Apt. 13,Naples,FL 34102 and to James R.Nici, Reg.Agent, 1185 Immokalee Rd.,Ste. 110,Naples,FL 34110 this 5 day of J c_ . ,2007. 'l 22- 62L, _ M.Jean)ihson,Esq. ,,,,, Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 (r;R Cook?, CC 0 py I-4 c); ,s4: c::: . Ply �� w ors TfiE CIRC' MS C3 w 0 1--16 BOARD OF COUNTY COMMISSIONERS 0R. 4309 PG; 1302 Collier County, Florida Petitioner, Vs. CEB NO. 2007-117 DEPT NO. 2005050579 Tollgate Commercial Center Respondent(s), STIPU TION/ GREEMENT COME NOW, the undersigned, �e i �9 J.1. 1 \ c U v i� ) , on behalf of himself or —"c6\lq� Can Sas 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 2005050579 dated the 1"day of June,2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is currently scheduled for November 29, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s)3.05.07(A-D)(H)of the Collier County Land Development Code Ord.04-41 and are described as Preserve on property of Heron Park contains a wide variety of prohibited plant species including,but not limited to, Brazilian Pepper,Air Potato, Melaleuca : . .. ,� = • Java Plum. THEREFORE, it is agreed between the pa : _- *= the Respondent s = l— 1) Pay operational costs in the a • • ,• : 02 :ys of is h -ring incurred in the prosecution of this case. 2) Abate all violations by: O Remove all exotics • - -►_ r •- : ;ng y.._ set forth in 3.05.0.7(H.)(g)(ii)within six months of this hearing •. : •ally penalty of$100.= , will • = • '' _• as long as the violation persists. The removal of the exotics= follow the above �':�,r�. *.aria with special attention paid to the following phrase: All ex• �' - etation within the -;S/ Rrof the outer edge of the preserve will be physically removed. Any - that is removed • cut down to grade and the stump treated. Exotic vegetation within thee , e ; -�. : ; d 75 feet from the outer ' edge) area can be treated in place if it is de -44'„1 .•• _ • at will cause more damage to the native vegetation in the Preserve Areas. ' -• 1- ._:. exotic vegetation is removed, but the stump remains, the stump must be treated with a United States Environmental Protection Agency (EPA) approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3) Res.• • must • Code Enforcement that the violation has been abated and request the Inv I•ator to is • = out =nd •_ •rm a site inspection. 4 AIWA' espo•-t M mold, Director Code Enforcement rtment qaci 0-7 Date Date REV 2123/07 _N.. �r ...r.,Z..,•n.-....:�—.w cu^s"t _ C.. a•,. ff' w y no eels VW t . u n. W)1. iM E ,'' it!MS eeses_w III `r.r Tow�f� i� 1f7�� freutlti - w6 sty .r.a tie;a sM«�e ten a eve�a star Ve aM it rail • • see Leg .5ss the law to at loci ideose post attiae A maims is a/e k. et. hpinesn, tiK Cias • #13. �P � Florida 33153, hereinafter called the grantee. ! eeswar teaea herein t e fora "greater" and "grantees include ail N the es to labs instrument and the beiss, legal r�esigne ns and sae of the individuals, and the successors and assigns Of si corporations.) I �: That ten grantor, for and in consideration a hereby le censidwat inns, sells,alit leases, conveys hereby grants, bar" and confirms unto the grantee, all that certain land situate in Collier County, Tiorida, via: y, SEE Man "AP AND =DM "B" ATTACKED cm I- e The benefits and obligations lnrsunder shall inure to and be N 5 binding upon the heirs, a nistrators, successors and o assigns of the grantee ,�,,' y� lnrebY tally warrant the title to said ' same against iavbul '� : - under Grantor, but m claim of all pars• �;��;� ��'�-�• o against none - i %� 1- �11 f all encumbrances, except taxes ac i • *esquent to De- 1991. This d- -n lam- . .''.. i the purpose of oporty to the terminating a �� ,a -•s�:__; :-e er .b �/�xs e and sealed • . 'Signed, sealed � in our pr • ' . O sL�+��► �o i////�ir �� 'IAP'�J'.1 ., ..-. 1� . 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COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County,Florida vs. Naples South Realty, Inc Richard Baer, Registered Agent CEB No. 2007-118 DEPT No. 2003120279 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 n Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-118 Dept. Case No. 2003120279 Plaintiff, vs. NAPLES SOUTH REALTY ASSOCIATES, LLC, Respondent RICHARD BAER, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 4929 Rattlesnake Hammock Road SERVED: Naples South Realty Associates, LLC, Respondent Richard Baer, Registered Agent Inv. Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner • •.\ vs. Naples South Realty Associates,LLC c/o Richard Baer,Registered Agent CEB CASE NO. 2007-118 DEPT CASE NO.2003120279 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code,Ordinance 04-41 as amended,section(s) 4.06.05(J)(1)(2)Maintenance of Required Landscape 2. Description of Violation: Required Landscape has not been properly maintained and has fallen below Site Development Plan standards 3. Location/address where violation exists:4929 Rattlesnake Hammock Road Naples,Florida 4. Name and address of owner/person in charge of violation location: Naples South Realty Associates,LLC c/o Richard Baer,Registered Agent 4400 PGA Blvd. suite 305 Palm Beach Gardens,Florida 5. Date violation first observed: 12-03-2003 ■• 6. Date owner/person in charge given Notice of Violation: 8-20-2007 7. Date on/by which violation to be corrected: 9-4-2007 8. Date of re-inspection: 9-26-2007 9. Results of Re-inspection:Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 27th day of September,2007 , , P. 1 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn Or I,- d - : n.-• •- a e me this 27th day of September,2007 by Susan O'Farrell. A 1� _ ( ignature of Notary 'u. ic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA " " Delicia Pulse ,'--`,f Commission#DD629723 '•.,„,;,,,.''Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO,INC. REV 3-3-05 2. COLLIER COUNTY,FLOKWA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S) —Richard Baer, Registered Agent for You are directed by this Notice to take the following Maples, Florida South Realty Associates LLC corrective action(s) 4400 PGA Blvd Suite 305 Obtain a copy of the Site Development Plan Palm Beach Gardens, Florida 33410 (SDPI 2006-AR-8135) for the property and return all landscaped areas and buffers to their original LOCATION OF VIOLATION(LEGAL AND ADDRESS) condition. This will include all trees, shrubs, Within Collier County Zoning District: C-4 groundcover, and irrigation. Sec 19 Twn 50 Rng 26 Subd Blk M 13 Lot 14 Parcel ON OR BEFORE: September 4,2007 Of Collier County Record. Property ID: 55151440001 PUD Tract Unit SDP AR 8135 OR 3390 Page 2935 : OR Page PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the AKA(Address) 4961 Tamiami Trail E.Naples,Florida date specified above will result in, Aka 4929 Rattlesnake Hammock Naples,Florida,Florida NOTICE (I) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No 07-44, as amended, you are notified costs of prosecution. that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- OR described location. (2) Code Enforcement Board review that may result _Ord No. 04-41 as amended Section 4.06.05(J)(2) fines up to $1000.00 per day per violation, as long Ord No. Section Ord No. Section as the violation remains, and costs of prosecution. SERVED BY: PUD#s: Personal Service Certified Mail ❑Posting of Property Regulations: I, , HEREBY acknowledge Sections: that I have received, read, and understand this notice of Dated: violation. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Signature and Title of Recipient Did Witness: On 8-6--2007 I observed many dead and dying Print required landscape trees. This is in violation of the Collier County Land Development Code which states that the Dated this 20th day of August, 2007 property owner shall be responsible for the continued maintenance and upkeep of all required landscape so as to Reference case number: 2003120279 present a healthy plant in a condition representative of the species. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Stisano'parrell 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 09034 54 Fax:(239)304-3942 "—..\Investigator signature P: V c-- 1 I VIOLATION STATUS: ®Initial ['Recurring ❑Repeat Notice of Violation Original to File Cony to Recnnniient C'nnv for Cite Pnctine Cony for Official Poctinc Rev R/O' 2 U.S. Postal Services, CERTIFIED MAIL, RECEIPT L (Domestic Mail Only No Insurance Coverage Provided) tt1 Ln1 For delivery information visit our website at www.usps.com; m L USE Postage $ Certified Fee O Return Receipt Fee Postmark ci (Endorsement Required) Here Res' (End; iii 4400 PGA BLVD SUITE 305 rU Tot, RICHARD BAER, R/A CI 4400 PGA BLVD SUITE 305 Sent PALM BEACH GARDENS, FL 33410 C7 - r�- or PC Case Nbr - 2003120279 • PS form 380D-August 2006 See Reverse tot Instructions` SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ent • Print your name and address on the reverse — x ❑Addressee so that we can return the card to you. B. Received byfAed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 0g( )/dD. Is delivery different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 4400 PGA BLVD SUITE 305 RICHARD BAER, R/A 4400 PGA BLVD SUITE 305 3. ceType PALM BEACH GARDENS, FL 33410 ertifled Mail ❑ Express Mall Case Nbr — 2003120279 ❑Registered ❑Return Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7007. 0220 0000 4037 5551 50 c -7/N O t/ PS Form 3811,February 2004 Domestic Return Receipt 01 _ (I 102595.02-M-1540 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41,as amended 4.06.00 LANDSCAPING,BUFFERING,AND VEGETATION RETENTION 4.06.05 General Landscaping Requirements J. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy,uniform, natural growth of the vegetation except where necessary to promote health,safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance- Standard Practices ANSI A300 " of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts, which might arise(i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include,but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative,legal,material and installation costs. 5. r)oun J 77U -r CLg G7JJ L GLg■• 1 Vl •-� K k ► , 325430 OR: 3390 PG: 2935 5273/9.40 1f.�t:E A t d IiE: w ti men mCl to AL RCMP in tha OffICIAI WWI et CLUB COM, ft mc.10 w °"-"*41 ldililltl MI#1251 ISMait tififi2D3 at tO52111 lAli6lli L ROM MU D6C•.76 3051.60 Parcel kletgliaillaCkt#..33 0411 - i ..t-1. SPECIAL WARRANTY DEED This Indenture.made this '{ day of August 003 between CANPRO INVESTMENTS,LTD.. INVESTISSEMENTS'CANPRO.LTEE,,an alien corporation, egir istered under the Canada Business Corporation rxation Act,authorized to do business in the State of Florida,whose address is 376,Rue Victoria Bureau 400, Westmusunt (QC), Canada 113ZFC3, Grantor*, and NAPLES SOUTH REALTY :ASSOCIATES,LLC.a Florida limited liability company,whose post office address is 4400 PGA Blvd, Suite 305..Palm Beach Gardens.Florida 33410 Grantee, WI TNE:SSETI!: That said grantor. for and in consideration of the sum of($10.00)Ten Dollars and other good and valuable c:onsider.ition to said gr4ntorin hand paid by said grantee,the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said rantee.and grantees heirs and assigns forever, the following described land,situate.lying and being in Collier County.Florida.to-wit: SEE EXHIBIT"A",LEGAL DESCRIPTION,ATTACHED HERETO)AND MADE A PART HEREOF. Subject to restrictions,reservations..easements and limitation of record.if any,provided that this shall not serve to reimpose same,zoning ordin rnces,and taxes for the current year and subsequent years. Said gantordoes hereby covenant with the said Grantee that the Grantor is lawfully seized of said turd in fee simple:that the Grantor has right and lawful authority to sell and convey said land,and hereby fully warrants the title to said land acrd null defend the saw against the lawful claims of all persons claiming by through,or under the Grantor: *"Grantor and"grantee"ate used for singular or plural.as context requires. IN WITNESS WHEREOF,Crrntorhas hereunto set grantor's hand and seal the day and year first above written. Signed.sealed and delivered in the presence of: CANPRO INVESTMENTS. LTD., INVESTISSEMENTS. CANPRO,LTEE an alien corporation, registered under the Canada Business Corporations Act,authorized to do business is the. State of Florida r i R q f Print Name: ` ._ ,,°rte`. L? David 3 A.uiel3,its Presidetrt . [Corporate Seal) Print Name it /9 gt1 i.4 PROVINCE OF QUEBEC COUNTRY OF CANADA The foregoing instrument vwas acknowledged before me this '-' day of August2003 by DAVID-J. http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=229123 9/27/2007 6. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-117 DEPT NO. 2005050579 Tollgate Commercial Center Respondent(s), STIP1ULATION/ GREEMENT COME NOW, the undersigned, opt, f\e \ \ c(!v i' ) on behalf of himself or i s\1q� (eya.H-..c tk C4,17-11,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 2005050579 dated the 1s'day of June, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is currently scheduled for November 29, 2007; to promote efficiency in the administration of the code enforcement process;. and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) 3.05.07 (A-D)(H)of the Collier County Land Development Code Ord. 04-41 and are described as Preserve on property of Heron Park contains a wide variety of prohibited plant species including, but not limited to, Brazilian Pepper,Air Potato, Melaleuca, Earleaf Acacia, and Java Plum. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$689.02 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: (1) Remove all exotics from the Preserve area following the standards set forth in 3.05.07 (H)(g)(ii)within six months of this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. The removal of the exotics shall follow the above mentioned standards with special attention paid to the following phrase: All exotic vegetation within the first 75 feet of the outer edge of the preserve will be physically removed. Any exotic tree that is removed must be cut down to grade and the stump treated. Exotic vegetation within the interior of the preserve (beyond 75 feet from the outer edge) area can be treated in place if it is determined that the physical removal will cause more damage to the native vegetation in the Preserve Areas. Where prohibited exotic vegetation is removed, but the stump remains, the stump must be treated with a United States Environmental Protection Agency (EPA) approved herbicide mixed with a visual tracer dye. Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3) Respo • - t must n•' Code Enforcement that the violation has been abated and request the Inve- igator to • e out :n erform a site inspection. 1 ltd `• /211-6- espon•-t Mich:. mold, Director Code Enforcement epartment l(/a9 0"7 Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-118 DEPT NO. 2003120279 Naples South Realty Association LLC Respondent(s), ealayi +�'' Gln� 441 STIPULATION/AGREE �� LAC NG,rcn S Yom' /I e AA p COMES NOW, the undersigned, iek-Baer , on :e alf o himself or _��~rd'Havono_ 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 2003120279 dated the 20thday of August, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 29, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has not been properly maintained and has fallen below Collier County approved Site Development Plan standards.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $1235.62 within 30 days of this hearing incurred in the prosecution of this case. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan (SDPI 2006 AR 8135) to include the replacement of dead and dying required plant material in the property buffers and landscaped areas and fully operational irrigation within 30 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. (�fReLeC Sod N.Lerfkrl195toCiM'er.t<a D4: ^.Tc. prat le e�1`'• t• / • 167 ^09 -s•on•ent Michel - A mold, Director tt' d , u P Code Enforcement Department ll � Llioi / r 2 7/0 4, Date Date REV 2/23/07 Naples Lawn Grooming Sharon I. VanSlyke/ Owner's Representative Mailing Address: ' 6046 Hollow Dr. , Naples, FL: 34112 Phone: 239-289-4544 239-793-4288 To Code Enforcement Board 2800 North Horseshoe Dr. Naples, FL: 34104 Case CEB 2007-119 Dept. Case # 2006080132 Motion for continuance: I received your notice on Nov. 7th upon my return"home" on the evening of Nov. 6th. I will be out of town Nov. 18th through Dec. 3rd, 2007, and again from Dec. 19th through possibly Jan. 4th or 5th 2008. I.have,yet to schedule my return flight. We have not heard from Ms.-O'Farrell since an E-Mail on • Jan.'21 st, which I received on Jan. 25th upon my return to Naples. On Jan. - : • Y 26th I called Mr. Scribner about the appointment Ms. O'Farrell suggested in her correspondence and was told that she was unavailable the following • week, but that he would check her schedule and get back to me. I never. received that call, and have heard nothing from code until my return to find this appearance notice. Since we had been threatened.with revocation of our license on September 13th 2006, and it was renewed on July 13th 2007, I assumed that this matter was looked into and had,just like back in June of 2001, been dismissed. I will need a continuance of a least 3 months.'I have begun extensive research, and have begun to prepare for the board a packet of pertinent documents, testimony, and a history of our 22 years in business, and 17 years of ownership of this parcel. This takes a third seat to my family, and the running of my husband's business.I have enclosed copies of my itineraries for the above mentioned trips, along with a copy of my last twelve months of travel history with Delta. My husband and my 2 labs took up residency in Adair,Iowa in Sept. 2006. :For more than 3 years we were subjected to noise and disruption from a PUD abutting our single family development, which also included a protracted battle with engineering over drainage. About the time all that was , coming to a close, this whole code issue appeared, along with the constant noise from the widening of Rattlesnake Hammock. The stress was too much, and that explains my travel schedule. This year I returned to Iowa on .= Feb.10th and we drove "home" 2 weeks later. We were in residency here from March until June 16th. Our situation cannot be of great concern to code, since this all began on July 25th 2006. I was informed very early on that no one had called in this alleged violation, but that Ms. O'Farrell was just "driving around" and spotted it. Thank you for your consideration in this matter. 11/13/2007 a • t a Sharon I. VanSlyke. Notarized by: , My Commission Expires: • ............. CHERYL A. PIRRITINO 'f-41. MY COMMISSION#DD 270643 EXPIRES:December 1,2007 ,°rn;i;:es Bonded Thru Notary Pubhc urvdz!.vr tern _ _ M —1_ ,0 11 1 iaco7 • . Page 11 of 3 - a Sharon I. VanSlyke From <DeltaElectronicTicketReceipt @delta.com> To: Sent: Sunday, October 14, 2007 8:32 AM Attach: Body.html • Subject: SHARON I DES MOINES 06NOV07 r ' ' c z• Your ReCelpt and Itinerary (Scan this barcode at a Delta Self Service Kiosk to access Your reservation) - SHARON I VANSLYKE 6046 HOLLOW DR j . • =1. NAPLES FL 34112-2927 Thank you for choosing Delta. We encourage you to review this information before your trip. If you need to. contact Delta or check on your flight information, go to delta corn, call 800-221-1212 or call the number onithe back of your SkyMiles®card. - Now managing your travel plans just got easier. You can exchange, reissue and refund electronic tickets at delta.com. Take control and make changes to your itineraries at delta corn/itineraries. Speed through the airport. Check-in online :y Check-in for your flight. Flight Information • Bkng • Meals/, Seat/: Day Date Flight Status Class City Time Other' Cabin Tue 06NOV DELTA 7135* OK L LV DES MOINES . 1105A **. , s AR MEMPHIS 1245P COACH ` *Operated by PINNACLE DBA NORTHWEST As NW Flt 5795 Tue 06NOV DELTA 4910* OK L LV MEMPHIS 120P '4A AR ATLANTA 344P COACH *Operated by ATLANTIC SOUTHEAST Tue 06NOV DELTA 1521 OK L LV ATLANTA `519P 22A. ; '. AR FORT MYERS '704? COACH Sun 18NOV DELTA 1004 OK L LV FORT MYERS 600A • 21F AR ATLANTA 747A COACH . Sun 18NOV DELTA 7011* OK L LV ATLANTA 904A ** 11%13/2007 • Page 2 of 3 ; • AR DETROIT METRO 1107A COACH': ' • *Operated by NORTHWEST AIRLINES As NW Flt. 476 Sun 18NOV DELTA 6966* OK L LV DETROIT METRO 1204P ** AR DES MOINES 1256P COACH *Operated by PINNACLE DBA NORTHWEST As NW Flt 3763 „ • Check your flight information online at delta.com or call the Delta Flightline at 800-325-1999. Key to Terms • # Arrival date different than departure date t -Check in required Baggage and check-in requirements vary by airport.Please review Delta's Check-in Requirement for ***°-Multi meals • details.Please check in with the operating carrier. *S$-Multiple seats , AR-Arrives You must be checked in and at the gate at least 15 minutes before your scheduled departure time for B-Breakfast • travel inside the United States. ` C=Bagels/Beverages You must be checked in and at the gate at least 45 minutes before your scheduled departure time for D-Dinner - _ international travel. F-Food available for purchase' L-Lunch LV-Departs - M - R-Refreshments-Complimentary: S-Snack T--Cold meat . Passenger Information SHARON I VANSLYKE • Billing Details - Receipt Information „ , NON—REF/$CHANGE FEE • Note: When using certain vouchers to purchase tickets, remaining credits may not be refunded. Additional. charges and/or credits may apply and are displayed in the sections below. - This-ticket is non-refundable unless issued at a fully refundable fare. Any change to your itinerary may require payment of a change fee and increased fare. Failure to appear for any flight without notice to Delta will result°in` . cancellation of your remaining reservation. Ticketing Details Scan this barcode at a Delta Self-Service Kiosk to access your reservation. • Issue Date: 10/14/07 Expiration: 10/14/08 11/13/2007 • Page-1 of3 • • Sharon I. VanSlyke . From <DeltaElectronicTicketReceipt @delta.com> To: Sent: Fri ay, c o er 19, 2007 8:42 AM Attach: Body.html Subject: . SHARON I DES MOINES 03DEC07 • Your Receipt and Itinerary (Scan this barcode at a beita Self-Service Kiosk to access • your reservation.) • SHARON"I VANSLYKE 6046 HOLLOW DR NAPLES FL 34112-2927 Thank you for choosing Delta. We encourage you to review this information before your trip. If you need to ' • contact Delta or check on your flight information,go to delta.com, call 800-221-1212 or call the number on'the- back of your SkyMiles®card. Now managing your travel plans just got easier. You can exchange, reissue and refund electronic tickets at. delta corn.Take control and make changes to your itineraries at delta.com/itineraries. - • Speed through the airport Check-in online Check-in Dx for your flight. Flight Information zediminimm Bkng • Meals/ Seat/ . " . Day Date Flight Status Class City Time Other . Cabin - Mon 03DEC DELTA 4418* OK U LV DES MOINES 1150A 4A AR ATLANTA 254P COACH_ *Operated by ATLANTIC SOUTHEAST Mon 03DEC DELTA 131 OK U LV ATLANTA "525P :: 21A AR FORT MYERS 710P COACH , • Wed 19DEC DELTA 538 OK L LV FORT MYERS 720A 21A AR ATLANTA 909A . COACH . - Wed 19DEC DELTA 1623 OK L LV ATLANTA 1054A 18D Y AR CINCINNATI 1222P ` COACH Wed 19DEC DELTA 5233* OK L LV CINCINNATI 130P 2B AR DES MOINES •218P: COACH' *Operated by COMAIR Check your flight information online at delta.com or call the Delta Flightline at 800-325-1999. _ Key to Terms ' _ #-Arrival date different than • • 11/13/2007 '' Account History Page�1 of 3,` • Home :� Profile: I Need'Heip', 1 Contact lls.$ *,. ., Sharon I Vanslyke Account History Total miles: 78,012 Silver Medallion® For the Previous Twelve Months Log out ' . Ms.Sharon I Vanslyke t. Related Links Membership Level: Medallion®Qualification Miles(Year to date : i Monthly Statements Total Available Miles: FAQs To view your account activity by month,i i click SkyMiles Monthly Statement . Transfer Miles Total Program Summary . Buy,Miles Current SkyMiles Mileage Balance 1 Total Available Miles • Million MilerTM Miles SkyMiles Mileage Expiration • Account Activity for the Previous Twelve Months Date Description Miles Bonus'x`> Tota • Males Mite. 06 Nov 2007 Delta SkyMiles Credit Card(posted on 07Nov2007) 2153 0 ! 21 `= 06 Nov 2007 Delta Flight 1521 from Atlanta,GA to Fort Myers, FL(L) 515 . 0' 5 Bonus: SILVER MEDALLION BONUS 0 k28_ , •'1 06 Nov 2007 Delta Flight 4910 from Memphis,TN to Atlanta,GA(L) 500 0 `_ • Bonus: SILVER MEDALLION BONUS 0 125:; • 1 06 Nov 2007 Delta Flight 7135 from Des Moines; IA to Memphis,TN : % 500 0 `, 5 0 "< (L) Bonus: SILVER MEDALLION BONUS 0' 125 = a. 23 Oct 2007 Delta Flight 5183 from Atlanta,GA to Des Moines,,IA(L) 743 0. 7 Bonus: SILVER MEDALLION BONUS 0 '185,; 1 • 23 Oct 2007 Delta Flight 672 from Fort Myers, FL to Atlanta,GA(L) 515 0. Bonus: SILVER MEDALLION BONUS 0 . 128 • :1 • 18 Oct 2007 SITESEER DBLMI 0: 6804",' 6E • 17 Oct 2007 Mileage Transfer(posted on 170ct2007) 4000 0 . 4C 09 Oct 2007 Delta Flight 899 from Atlanta,GA to Fort Myers, FL(K) 0, -0 , Bonus: SILVER MEDALLION BONUS 09 Oct 2007 Delta Flight 5288 from Des Moines,IA to Atlanta,GA,(K). 0 0 Bonus: SILVER MEDALLION BONUS • 0` 185 '1 https://www.delta.com/accounthistory/servlet/AccountHist?sessionid=A5B550D6783620... 11/13/2007 +`` Account History Paget o13 09 Oct 2007 Delta Flight 899 from Atlanta,GA to Fort Myers,FL(K) 515 • 0 ; 5 09 Oct 2007 Delta Flight 5288 from Des Moines,IA to Atlanta,GA(K): 743 • 0:; . `:: :. 06 Oct 2007 Delta SkyMiles Credit Card BUS PL WEL 0 '5000 -5L 06 Oct 2007 Delta SkyMiles Credit Card BUS PL ENR 0 10000 IOC • 06 Oct 2007 Delta SkyMiles Credit Card(posted on 060ct2007) 4174 0 ' = 41 •` ••02 Oct 2007 Delta Flight 5183 from Atlanta,GA to Des Moines,IA(L) : 743 • 0 i `` `.' 02 Oct 2007 Delta Flight 672 from Fort Myers,FL to Atlanta,GA(L) 515_ Y0 5. • 26 Sep 2007 Delta Flight 856 from Atlanta,GA to Fort Myers, FL(L) 515 0. 5 26 Sep 2007 Delta Flight 305 from Cincinnati,OH to Atlanta,GA(L) 500 • -0 5 • 26 Sep 2007% Delta Flight 5468 from Des Moines, IA to Cincinnati,OH • * 505 . : 0 5 (L) 25 Sep 2007 the Delta Web site Bonus: Flight 4418 on 28Aug2007 0 • • 500 - ' E • 19 Sep 2007 Delta Flight 5285 from Cincinnati,OH to Des Moines,IA 505 ; .0 „ • ' _ (U) 19 Sep 2007 Delta Flight 1592 from Fort Myers,FL to Cincinnati,OH. 879 0 E !.' (U) 28 Aug 2007 Delta Flight 1677 from Atlanta,GA to Fort Myers, FL(U) 515 28 Aug 2007 Delta Flight 4418 from Des Moines, IA to Atlanta,GA(U) 743 0. i 18 Aug 2007 Delta Flight 5285 from Cincinnati,OH to Des Moines,IA 505 0 . 5 ` - (L) 18 Aug 2007 Delta Flight 1071 from Fort Myers, FL to Cincinnati,OH • '879 0 E (L) 14 Aug 2007 Delta Flight 1057 from Atlanta,GA to Fort Myers, FL(Y) 515 257 14 Aug 2007 Delta Flight 4418 from Des Moines,IA to Atlanta,GA(Y) 743 371.: • . 11 . 11 Aug 2007 the Delta Web site Bonus: Flight 4520 on 233u12007. 0 500 -5 05 Aug 2007 Delta Flight 4186 from Atlanta,GA to Des Moines,IA(U) 743. 0 . • 05 Aug 2007 Delta Flight 1294 from Fort Myers, FL to Atlanta,GA(U) . -515 0 - 5 25 Jul 2007 the Delta Web site Bonus: Flight 4647 on 111.112007 0 500 5 =° 23 Jul 2007 Delta Flight 1076 from Atlanta, GA to Fort Myers, FL(U) ' 515 0:: 5 23 Jul 2007 Delta Flight 4520 from Des Moines,IA to Atlanta,GA(U). ' 743 0 ' i ' 19 Jul 2007 Delta Flight 4186 from Atlanta,GA to Des Moines,IA(L) 743 0 'i ; 19 Jul 2007 Delta Flight 1294 from Fort Myers,FL to Atlanta,GA(L) .515 0 . 5 11 Jul 2007 Delta Flight 1681 from Atlanta,GA to Fort Myers, FL(K) ' '515 0': . : 5 11 Jul 2007 Delta Flight 4647 from Des Moines,IA to Atlanta,GA(K) • 743 _ 0., =: i 02 Jul 2007 the Delta Web site Bonus: Flight 4871 on 23Jun2007 0 50©_ 5 26 Jun 2007 Delta Flight 5285 from Cincinnati,OH to Des Moines,IA 505 0 } .5 (U) 26 Jun 2007 Delta Flight 747 from Fort Myers,FL to Cincinnati,OH 879' ,.0 E - (U) 23 Jun 2007 Delta Flight 1076 from Atlanta,GA to Fort Myers,FL(L) 515 0 `_ ' 23 Jun 2007 Delta Flight 4871 from Des Moines,IA to Atlanta,GA(L) 743 . • 0 r 23 May 2007 EMAIL ACQ 2007 0 1000 fC 14 Feb 2007 the Delta Web site Bonus: Flight 4880 on 253an2007 0 500. F', https://www.delta.com/accounthistory/servlet/AccountHist?sessionid°A5B550D6783`620... 11/13/2007 Account History Page 3 of 3 • • 10 Feb 2007 Delta Flight 4715 from Atlanta,GA to Des Moines,IA(H) 743. 0 i 10 Feb 2007 Delta Flight 989 from Fort Myers,FL to Atlanta,GA(H) 515 . 0' : 5 25 Jan 2007 Delta Flight 655 from Atlanta,GA to Fort Myers,FL(H) 515 0 5 25 Jan 2007 Delta Flight 4880 from Des Moines,IA to Atlanta,GA(H). 743 . 0 ,7 17 Jan 2007 the Delta Web site Bonus: Flight 4760 on 04Jan2007 4 500 5 • 12 Jan 2007 Delta Flight 5141 from Cincinnati,OH to.Des Moines,IA 505, 0 5 m 12 Jan 2007 Delta Flight 5155 from Fort Myers, FL to Cincinnati,OH 879 0 E Cr) 04 Jan 2007 Delta Flight 1681 from Atlanta,GA to Fort Myers,FL(T) 515 0 04 Jan 2007 Delta Flight 4760 from Des Moines, IA to Atlanta,GA(T) 743 0 7 23 Dec 2006 the Delta Web site Bonus: Flight 4579 on 040ct2006 0 '500 5 20 Dec 2006 Delta Flight 5361 from Cincinnati,OH to Des Moines,IA 505 0 5 (� 20 Dec 2006 Delta Flight 5265 from Fort Myers,FL to Cincinnati,OH . 879 0 . E m 03 Dec 2006 the Delta Web site Bonus: Flight 747 on 17Nov2006. . 0. 500, 5 ' If you are unable to view a full twelve months of activity,it may be due to the level of activity in your account.if you a Online Statements,you can view your account activity by month. About Delta I Business Programs&Services I Travel Agents! Privacy/Secur1ty i tes 62007.Deli:, • • • • • • https://www.delta.com/accounthistory/servlet/AccountHist?sessionid=A5B550D6783620... 11/i 3/2007 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Glen and Sharon Van Slyke CEB No. 2007-119 DEPT No. 2006080132 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-119 Dept. Case No. 2006080132 Plaintiff, vs. GLEN AND SHARON VAN SLYKE, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 6067 Whitaker Road SERVED: Glen and Sharon Van Slyke, Respondent Inv. Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO.2007-119 vs. DEPT CASE NO. 2006080132 Glen and Sharon Van Slyke STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended,Collier County Land Development Code: Sections 1.04.01 (A) Rules of Construction,Applicability and 2.02.03 Prohibited Uses and Violation of Ordinance 05-44 Control of Litter,Weeds,and Exotics Sections 5-7 2. Description of Violation: Observed accumulation of vegetative litter on property, outdoor storage of commercial,private, and recreational vehicles on the property, 3. Location/address where violation exists: 6067 Whitaker Road Naples,Florida 4. Name and address of owner/person in charge of violation location: Greg and Sharon Van Slyke 6046 Hollow Drive Naples,Florida 34112 5. Date violation first observed: 7-26-2006 6. Date owner/person in charge given Notice of Violation: 9-8-2006 7. Date on/by which violation to be corrected: 10-11-2006 8. Date of re-inspection: 7-30-2007 9. Results of Re-inspection:Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of July,2007 p c ( l 1 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 12th day of October,2007 by Susan O'Farrell (Signature of Notary ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known CZ or produced identification Type of identification produced Indira Rajah = Commission#DD273349 . `ti?. Expires:Dec 07,2007 REV 3-3-05 ao?, Bonded Thru ''" ` Atlantic Bonding Co.,Inc. COLLIER COUNTY,FLORIDA a� NOTICE OF ORDCE VIOLATION AND ORDER TO CORRECT ^4"0: ORDER TO CORRECT VIOLATION(S) : ireg and Sharon Van Slyke You are directed by this Notice to take the following 6046 Hollow Drive corrective action(s) Naples, Florida 34112 • Cease and Desist all non-approved and non- permitted use on unimproved agricultural land LOCATION OF VIOLATION(LEGAL AND ADDRESS) known as 6067 Whitaker Rd. Naples, Florida to Within Collier County Zoning District: include outdoor storage of commercial,private,and Sec 16 Twn 50 Rng 26 Subd recreational vehicles. BIk 050 Lot .000 Parcel • Apply for and obtain all necessary after the fact Of Collier County Record. Property ID: 00420640008 permits for buildings, land use, and vegetation PUD Tract Unit SDP removal. OR 1589 Page 2247 : OR Page .• Hire an Environmental Consultant to complete and submit, within 30 days, a mitigation plan according AKA(Address) 6067 Whitaker Rd.Naples,Florida to Section 10.02.06(E)(3) of Ordinance 04-41 as amended to restore native groundcover and mid- story vegetation to the affected property. NOTICE Installation of plant material must begin within 15 Pursuant to Collier County Code Enforcement Board days of mitigation plan approval. Remove all litter on property as defined by Collier (CEB) Ordinance No. 05-55 and 97-35,as amended,you are • County Ordinance 99-51 notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. ON OR BEFORE: October 11,2006 Ord No. 04-41 as amended Section 1.04.01(A) Ord No. 05-44 Section 5-7 PENALTIES MAY BE IMPOSED: ""-N Ord No. 04-41 as amended Section 2.02.03 Failure to correct the violations on or before the date specified above will result in, PUD#s: Regulations: (1) Mandatory notice to appear or issuance of a Sections: citation that may result in fines up to $500.00 and Dated: costs of prosecution. OR DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). (2) Code Enforcement Board review that may result Observed accumulation of vegetative litter on property, in fines up to $1000.00 per day per violation, as lon€ vegetation removal from property without approved Collier as the violation remains, and costs of prosecution. County permits, outdoor storage of commercial, private, and recreational vehicles on the property, and a non-permitted SERVED BY: structure on the property. These are all violations of the Collier i4 Personal Service ❑Certified��ail []Posting of Properl County Land Development Code. 4 ei6 1/'M'I 5'4 EiEREBY aclmowledg INQUIRIES AND COMMENTS SHOULD BE DIREL i ED TO CODE that I have received, read, understand this notice o ENFORCEMENT INVESTIGATOR Susan O'Farrell vio • 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2488 Fax:(239)403-2343 /Pr c.----)C__----- Investigator signature P 0 t--.-�11 Signature an Title of Recipient VIOLATION STATUS: Print ®Initial DRecurring ORepeat Dated this day of S-).-p--4 2006 Reference case number: ZDb(, b 26 132. 10,,44..°,.FV;nlnt;nn Orioinal to File. ('onv to Recnontient C'nnv for Site PoctinP Cony for Official Poctino Rev R/03 G COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall" is always mandatory and not discretionary; the word "mar is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions,provisions,or events connected by a conjunction"and,""or,""either...or,"the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or indicates that the connected items,conditions,provisions or events may apply singularly and in any combination. 3. "Either. . .or indicates that the connected items,conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day;if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word °week° shall be construed to mean seven (7) calendar days. E. The word"year°shall mean 365 calendar days,unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 6 The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 GENERAL PROVISIONS 1.04,04 11 r nQ 1 • a 5 e, e ; �a° � s ;e ��®� e • • • 9 "a0 p•qe iR �� g.a J am �\ `�"'` art � .i9 �.-�---•.'�-a ,.�.,"s-s.:k. v c a e a to r� ° a2 0 • rU F, '1 I71 J Bi ri 1. ...e. YI11 9ar> se�fFiilreandor tai zohing ciisric. �nii B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations,as the case may be,and shall apply uniformly to each class or kind of structure,use,land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of,or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County,except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto,or will commence after the effective date of this LDC but prior to the permits expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete.If the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any (1)final subdivision plat and final improvement plan,(2)final site development plan,or(3)phased site development plan that has been approved for at least one final site development plan,provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other,structure,or use,except where specific provision is made in this LDC. LDC1:5 • COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District'A".The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 # C e n a 8X 4 e ','- y V � N eo Em O 1 .�{N 1{ ' fir N u�. V rntz, ,' "L x m to ct cc$c af al,a Pie a m o o. LT CC 8 t 0 • �acce e:,,a ?3 q SIC Code �, r a > t - rte r� �'-a -,1c E E t0 E0i 7. c i " �r , ri m m m ' cs W .1 s r=-� ra �,, U i0 m O. d C. • N l0 = m w i d - c c c o o 0 a` C are m m 2 2 I- o m m S E m a O a mp s ' �¢ a L W i6 m m W W m E ( 'v 7 C c c c L L 1 s' W Y Q , m m m m m m ~ m ` gip" " �� v w w (8 8) N N s > E I co 0 co E Non-Depository Credit lnsti- 6141-6163 P P tutions _ . Non-Depository Credit insti- 6111-6163 tutions ' Non-Depository Institutions 6011-6163 _ Non-Depository Institutions 6011, 6019, 6081,6082 Non-Depository Institutions 6021-6062, „0,—V 6091, 6099, 6111-6163 Nursing Homes 8051, 8052, P P 8249 Office Machine Repair Ser- 7629-7631 P vice Oil &Gas Exploration _ P7 Open Space Outdoor Storage Yard _ Paint, Glass, Wallpaper 5231 - ' P Stores Paper and Allied Products 2621-2679 Park Model Travel Trailers _ P Park Service Facilities Parking Facilities Parking Services _ _ - Parks, Public or Private Parochial Schools - Public 8211 or Private Party Fishing Boats Rental 7999 Personal Services 7291 P Personal Services 7212-7215, 7221-7251, 7291 Personal Services 7212, 7215, P 7221-7251 Personal Services 7212,7291 Personal Services 7211, 7212, 7215, 7216, �\ 7291,72998 Personal Services 7215, 7217, 7219, 7261, 7291-7299 Personal Services 7211-7219 • �� '1� �� ai\ ORDINANCE NO.2005- 44 7 L i : AN ORDINANCE WHICH REGULATES AND CONTROLS 4 •. LITTER, WEEDS, AND ExoTICS WITHIN THE • L �) • UNINCORPORATED AREA OF COLLIER COUNTY, • ¢ �[1 mr . PROVIDING PURPOSE AND INTENT; TITLE; APPLICABILITY; DEFINITIONS; DECLARATION OF LITTER .194141:6* .. TO BE A.PUBLIC NUISANCE AND TO BE UNLAWFUL; PROHIBITING THE UNAUTHORIZED ACCUMULATION OF LITTER; DECLARING DUMPING OR DEPOSITING OF ABANDONED PROPERTY AS PROHIBITED; REGULATING. i THE STORAGE OF LITTER (AND CHANGES RELATED :• CONSTRUCTION SITE CONTAINMENT OF LITTER;.• K REGULATING WASTE MATERIALS MANAGEMENT (Arai- r CONTAINMENT PIT AREAS TO CONFORM TO DEP. . cn STANDARDS); DECLARING WEEDS AND EXOTICS TO BE . PUBLIC NUISANCE (AND REGULATING THE CONTROL 015:•1 WEEDS AND EXOTICS); PROVIDING FOR EXEMPTIONS`_.; r' PROVIDING FOR (THE ABATEMENT OF NUISANCES ANItX=. NOTICE OF VIOLATION FOR THE ABATEMENT OF THE- ' PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR THE ABATEMENT OF NUISANCES;PROVIDING FOR RIGHT TO HEARING ON THE DECLARATION AND ASSESSMENT OF A PUBLIC NUISANCE; PROVIDING FOR ENFORCEMENT PROCEDURES;PROVIDING FOR IMMEDIATE CORRECTIVE ACTION;PROVIDING FOR PROCEDURES FOR AND EFFECT OF MAILED NOTICES; PROVIDING FOR A MANDATORY LOT MOWING PROGRAM; PROVIDING FOR PENALTIES: PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51, 2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN ARTICLE VI, SECTION 54,AND PROVIDING FOORR AN E ORDINANCES; EFFECTIVE DATE. WHEREAS,Chapter 125,Florida Statutes,establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public;and WHEREAS,the Board of County Commissioners has determined that land which is allowed to become overgrown with weeds,grass,exotics or similar growth on land on which abandoned properties or trash is allowed to accumulate is detrimental to the health,safety and welfare of the citizens of Collier County as harborage for vermin,rodents and other disease vectors;and WHEREAS, the Board of County Commissioners has determined that unimproved property, which is in close proximity to urban areas, is distinguishable from improved property, because it generally lacks management of vegetative growth;and WHEREAS, the Board of County Commissioners has determined that certain exotic species. both fauna and flora,grow rapidly and uncontrollably and may drastically change the ecological character of the unimproved property,which is in close proximity to urban areas,if unsupervised or unmanaged; • and WHEREAS,Board of County Commissioners has determined that an annual public notice will enhance public awareness of the requirements imposed by these regulations,and a mandatory County lot mowing procedure for repeat violations be established that will include a retainer account to ensure payment of contracted services and lessen the burden of the County taxpayers;and. WHEREAS,the Board of County Commissioners has determined that pursuant to existing case law, easements, alleys, canals and rights-of-way dedicated to the County on plats create easement interests in favor of the County,unless the plat expressly states another interest is conveyed;and Page 1 of 16 11. RECORDED SUBDIVISION—Land subdivided into three (3) or more lots, parcels, sites,units,or any other division of land for which a plat has been filed with Clerk of Courts of Collier County. 12. RECEPTACLE — A container made of material that will protect the property and environment from leakage, spillage and overflow of any type of litter, waste, or debris. A dumpster enclosure is not a receptacle. 13. STORAGE OF LITTER—the interim containment of Litter in a manner approved by the Board of County Commissioners,after generation of such Litter and prior to proper and final disposal. 14. UNAUTHORIZED ACCUMULATION OF LITTER—the accumulation of Litter in or upon any public or private property or body of water,which is not contained within proper containers or receptacle provided for control of Litter,or is not otherwise permitted or authorized,by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity,so long as: a. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used;and b. the building materials are secured during construction, remodel, repair, or building demolition,to prevent the material from falling out,spilling,blowing out by wind action,or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include,but not be limited to,the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor,or allowing said accumulation,or container to remain adjacent to the public right-of-way after six(6) p.m. of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON- PROTECTED OVERGROWTH — any accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen(18)inches in height and located on a Mowable Lot,in any Recorded or Unrecorded subdivision of Collier County. 16. UNRECORDED SUBDIVISION—any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer,prior to the enactment of Ordinance 76-6,as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. 17. WRITTEN CORRECTIVE NOTICE— a written statement issued to the violator or his/her agent identifying and which states the violation,date of the violation,location of the violation,the corrective measures required to be taken, and the date by which the corrective measures are to be completed. SECTION FIVE: Litter Declared to be A Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in Sections Six,Seven,Eight,Nme,or Ten,in or upon public or private property,is hereby declared to be a public nuisance. SECTION SIX: Unlawful to Litter It shall be unlawful for any person to throw,discard,place,drop,or deposit Litter in any manner or amount in or upon any public property,private property,highway,street,right-of-way or body of water within the unincorporated areas of Collier County,Florida,except in such areas and Enclosed Containers Page 4 of 16 specifically provided and appropriately designated for the disposal of Litter. In any case where Litter is ejected or discarded from a motor vehicle,except at approved and permitted disposal sites,the operator of the motor vehicle shall be deemed in violation of this Ordinance. SECTION SEVEN: Unauthorized Accumulation of Lifter Any Unauthorized Accumulation of Litter in or upon any property,vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,whether improved or unimproved,is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such ProPerty. SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of Abandoned Property on any public or private real property,street,or highway. However, Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of Abandoned Property,shall be an exception to this provision. If Abandoned Property is kept or stored in connection with a Iawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping,storing, placing,or depositing of Abandoned Property in any residential area,unless such Abandoned Property is kept in a completely enclosed building. SECTION NINE: Storage of Lifter 1. All commercial establishments shall store Litter in containers so as to eliminate wind- driven debris and Litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs. 2. All loading and unloading zones at commercial establishments shall be provided with Litter receptacles by the owner of the business to store Litter. 3. Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain Litter generated from such establishment. 4. Any and every person in possession, or in charge or in control of any place,public or private where Litter is accumulated or generated,at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. 5. All construction and demolition contractors,whether owners or agents,shall provide on- site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis.Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food,drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it occurs. a. Should a violation of Paragraph 5 of this section occur, the construction/demolition contractor,whether owner or agent,will be required to secure a roll-off container with cover,for containment of Construction Debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. Page 5 of 16 1.-" tNlktMrytt NS , *wan*tabs t.! tt.fit tiw' MuMYM slaw*** IA`SVk.1 � 4:.',t. W lids W�C�g Pad ite t t Jey d .;attrat-- A /ill; i. a ldo MIC At. tottttatx. a Vortied mtt♦ baring 1/2 interest, and C•ttX tt. ti . JR.. a Itist-ri1 RAh, tsarists to interest. as Tea:ants in Common, ,-\ i,rssim4tar eater the setroo,to MEN l;. t' SLT , JR. and MAROS I. V.I.X$1.INE. RiJt band wad Antes sr4,wre trertelfirr It4bee,is 6046 Mel low Drive, Naples. Florida 31302 hrtnir,nffre rwand the wonky. :stir: .,*.S te.,.ynnM.54H.V 5m en t r,»u,wn .n,Mr tt"•.*4.S s.twi. a int e.rNt' Se.$t en.,.,6 MurwnMt►,at t-S*i Mn,MIS" Witntsstth.Tf of the towline.lee end in rn,sidrrntine, .4 the won of $10.00 end ells, esfesrFrli•r,,►sidrenfinns. nrripi trireref is lnvehr re in„d..dpr.l. bonder won't, fnnawink rent, Aro& ►e twines. set.5ser.tanrrys and renfirms twin tins grnniee.nil ttrwt trelnin tend tartar to Colliet County.node.cite dti DC ra The North 1/2 of the Kest 1/2 of the 5E 1/4 of the Vii 114 of the 11W 1/4 of c Section 16, Township 50 South, Range 26 East, less the North 30 feet and the =CD o � West 30 feet thereof, reserved for road right-of-way. This is the North 1/2 :u = 1 of tract 19, unrecorded plat. t:* cr1 CO w c7 _ CO °S4 Received$ 111.'.11.,r.Z..._i -,-,--LA.'',S.a•rp Tay Retervsd$ "''•. /414 _.e:sn•'al FrCpe"ff Tax COLLIER CO NTY CLERK Of C'ePURTS Cis 3Y ._ i.- ^'. __D C y. V 0 h.. it, p *THIS IS NOT HOMESTEAD PROPERTY 0- a.' GRANTORS. = at:, tlS Qgetiter with an the to ` a' C�r 1' pparfe,urnces thereto belonging or in any- � wise appertaining. .. _ rn .i= CJ C., TO have and to Qt .-same in fee simple .rever. --.t Mindthe grantor here y v: -, , sal• , of>: hat tie grantor is lawfully seized of said land in"fee simple; that the gran for ri tt a I�u 1 t Wit, to sell and convey said lord: that the �\ grantor hereby fully warrar s t s f ' wt 1 . end fir same against the lawful claims of all persons whomsoever; ar. all b'•, . except taxes accruing subsequent to December 3f, 1990. S TO: Taxes f.. the y-. '91 and subsequent years not yet due and payable. .g and Use re--'. vo•- .posed by governmental author- ity, and restrictions -asements commo• •- .-ubdivision, provided however, that no one of them sha • -vent the use o .roperty for the purpose of a residence, outstanding o - -.. 1./o rest of record, if any. RE CIA- iQ iiif11ess teCeO Y the said grantor has signed and sealed these presents the day and year first above written. Signed, and delivered In our presence: _... / \ ._.. _... l 1, .. .. ► r _-, n �._ . . ors , :"..�._.W.._...._...._. S§ 2 I sect stow roe itaoartss est I STATE OF FLORIDA ill COUNTY OF COLLIER i I ItEREBY CERTIFY that on this day,before me,an officer duly -a. authosaed is the State aforesaid and in the County aforesaid to take 2 sckaow1edgmrnty personally appeared MICHAEL PILLINGER, a N"a Married Man, having 1/2 interest, and GLEN D. VANSL'YKE, JR., a Married Man, having 1/2 interest, ll as Tenants in Common, to tae knows to be the pr as daeer'brd in and who executed the .may foregoing instrument and they acknowledged before me that they �et,,tara 3 I 'Q ... P t/a d txecutn},.dto•rmme. a x04 pttY stOR • V;:t ...WITNESS my hand and official seal in the County sad �LLtc K C Ott s-call% Z •''•••State last aforesaid this 29th day of IFSALS CC ill,t i";' i •.• •January A.D. , 91. }}...� NOTARe viIil1C.STATE OF FLORIDA. Cu " . ` 1 "^ P _�� ± _.-.._._.�-»—._.. AT COMMISSION Ei ME'*FEIL141993. -(S �l MY Ca t SION EXPIRES: aoaom+aaurrora5,ruauouwatq"ra"east '' Tik J ulmw ldtrd Iry: _EVERGREEN TITLE CORPORATION OF NAPLES 5101 East Tantami Trail, Suite #103 �� ... 1107'.;' Naples, Florida 33962 Asidaxr• • ,. P ti 1 d `s" '° t ' ,ry I i L' 1 Y 2 Y - r 1 14 , ,,rn'P y P.':s-.1st, 1 a #/ ''''---C :fih5t I It' 3 y t T 4 Z h.. 1/. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Yunier E. Ortiz CEB No. 2007-120 DEPT No. 2007040560 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-7 Deed 8 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-120. Dept. Case No. 2007040560 Plaintiff, vs. YUNIER E. ORTIZ, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 2831 44th Ter. S.W. SERVED: Yunier E. Ortiz, Respondent Inv. Rob Ganguli, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO.2007-120 vs. DEPT CASE NO.2007040560 Ortiz,Yunier E.,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 as amended,the Collier County Land Development Code, Sections, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),& 10.02.06(B)(lxe)(i). 2. Description of Violation:Unpermitted erection of wooden privacy fence, aluminum shade awning, and improvements including electrical and plumbing made to lanai enclosure and kitchen. 3. Location/address where violation exists: 2831 44th Ter. S.W.Naples FL. 34116 4. Name and address of owner/person in charge of violation location: Ortiz,Yi nier E. 5. Date violation first observed:April 18th,2007 6. Date owner/person in charge given Notice of Violation:April 19th,2007 n 7. Date on/by which violation to be corrected:May 19th,2007 8. Date of re-inspection: June 14,2007 9. Results of Re-inspection:No permits applied for 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 13. day of September, 2007 ` ' Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this_'Z ad y of ,2007 by a'- `// �� igna e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known,or produced identification Type of identification produced n O JAM PUiliub,-STATE t:fr ThL: g K.A. Van t c l y i:. :Commission#Dy "' ` ' --i .. Expires. ,T T,T. _ i REV 3-3-05 BONDED THRU ATLANT '.ONDfy(4 CC.;Th 2 Case Number .� �Ir >�yl O Sec COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements `, NOTICE OF VIOLATION h '403 034 )'mom. it 45 T Date: t—i /11/04. Investigator: R . GA1,4(j1;L( s Phbii 239; - Zoning Dist g, . S. F- Sec ?.4.- Twp',_ q.., 'Rng • C> Mailing: :. 3 i ;,t4 ref_ 5-L4 . Legal: Subdivision c,-L`ikg 1,1 ^r 3 Block i0r Lot i j !Jket—E5 , Fi.. 3'-1!I( Location: . g'i i 144 —ref, ' .iry . Folio 1 cgri et 9 s ,c,C,®4 OR Book 3 qq 1 Page i 37 a: - Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 110.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. Z10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy Order to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, OMust request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc • ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. in.property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY f' q certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Cod -Egforcement.,oard review that may result in fines up to$1000 per day per violation • long as the violation remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit • • cuff. . (or other written site specific work authorization such as for excavation,tree 1 l removal, well construction, approved site development plan, filling, re- rr vegetation,etc.)shall have been issued prior to the commencement of work at Responde 's Signatures © .--r1 7.. Date the site. Activities prohibited prior to permit issuance shall include,but are ..---""- (q p not limited to, excavation pile driving (excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures Investig:.o .'gha. . D.te '" and disturbance or removal of protected species or habitat,etc. 1 I Section 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of '{ construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. 3 AT-.:.,.. ,.rNr..1...:..., n.4..:.,.a r.,co. Cnr.,,to Pr+cnnnrl.+r,t Cnnv fnr C;tP Pnctino Cnnv for(lffirial Pnctina 12 rv(16/16/f1( V • Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee,Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES ` AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE 4 PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order.from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Stipp.No.2 LDC10:65 6 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Sapp. No.2 LDC10:86 7 *** 3794535 OR: 3991 PG: 1387 *" RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL 03/02/2006 at 01:50PM DWIGHT E. BROCE, CLERK CONS 285000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: REC FEE 10.00 Title Express Associates,Inc DOC-.10 1945.00 2236 Tamiaml Trail N. Rata: Naples,FL 34103 TITLE EIPRESS ASSOCIATES 2236 TANIANI TRL I Property Appraisers Parcel Identification(Folio)Number:359999200041LES 71 34103 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS CORRECTIVE WARRANTY DEED, made the 7th day of December, 2005 by Anne Williams and David Williams, husband and wife, herein called the Grantors,to Punier E. Ortiz,an unmarried man whose post office address is 2831 44th Terrace SW;Naples,FL 34116,hereinafter called the Grantees: (Wherever used herein the terms grantor"and "grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESS E T H:That the grantor,for and in consideration of the sum of TEN AND 00/100'S(510.00)Dollars and other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens, remises,releases,conveys and confirms unto the grantee all that certain land situate in COLLIER County,State of Florida,viz.: LOT 11, BLOCK 100, GOLDEN GATE UNIT 3, ACCORDING TO THE PLAT THEREOF RECORDD IN PLAT BOOK 5, PAGE 97 THROUGH 105, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Subject to easements, restrictions and reservations of record and taxes for the year 2004 and thereafter. THIS INSTRUMENT IS BEING RE-REC. ' ! ! s R THE SOLE PURPOSE OF ADDING THE SELLER'S SPOUSE. R Cook, TOGETHER, with all the tenem ..-1 .'laments and • - t•.'ces thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the : • in ` " •.le f.•ver. AND,the grantor hereby cove • is + d 1••,. Nr5 T ly ized of said land in fee simple;that ,--%. the grantor has good right and la 1!. .ri r"` d, d .ereby warrants the title to said land and will d e f e n d the same : ..,1 4 c• ,. •M` ,,__ encumbrances,except taxes- - • . .sequent to December ,, • • ,and that said land is free of all IN WITNESS WHEREOF,the . : tor has signed and—%: — . .resents the day and year first above written. Si "vered in the presen cW I�.■ ANNE WILLIAMS , 441.-„tvidi-ezeo-frA,--vv. • W•.�' :, I DAVID WILLIAMS Witness#2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 7tH day of s■• ..bpr,2005 by Anne Williams and David Williams who is personally known to me or has produced t. ' ' LK' as identification. b' - y) 41 SEAL /�/// / N. Public ow Piny My Commission Expires: °.r Commission#D290%45 01 'a, €xpires July 21.20'si Or Ywe`e TO!WI ware..-c' -.e1: File No.:05-1592 CDPR0002 - Image Print 't- 2j! 2Qo 7 /2,0 CD-Plus ReportC✓✓o`�de Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 old fencing material with new fence erected IMAGE DATE 4/18/2007 Y i 5 .� 11 • I , _ ' I I it i i .NN'IL‘ \\ '''''' \ �� { ,446.\\ i "' `"\ \\N \ ' a ' :..1i ri L � � . aria ," 7 E €ter tr a V , „.,4'n''''''54,---.E:1;- a 7,�+i .f, .' ' t q +a” — .' "E }..# 3 ti Z-:. S Pt ,. .4 'e Y.Y.gs k".' 4t ♦ 1- y4 li k. .c rr'4rR 4 1 ' ti - . ',nice „x 1,klri�kkt. '+Y'YY * .'4+.+ ' IA Collier County Printed on 11/14/2007 7:30:40 AM CD-Plus for Windows 95/98/NT Page 1 --1207e 2. 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CDPR0002 - Image Print io CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 new doors in lanai structure IMAGE DATE 4/19/2007 u?vi pa, . , f i .. NO tr. 2007/04/19 Collier County Printed on 11/14/2007 7:43:40 AM CD-Plus for Windows 95/98/NT Page 1 - -13cir 9- CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 new window in lanai structure IMAGE DATE 4/19/2007 t ? ,,r , 3 0 ' ''''. . „.. x..* y:4, 1 x if II , i i 1 1,0 1 asp+' 2007/04/19 3a Collier County Printed on 11/14/2007 7:43:02 AM CD-Plus for Windows 95/98/NT Page 1 7 /O. Ce7PR0002r- Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 multiple internal electrical applications in wall IMAGE DATE 4/19/2007 •..- • 2007/04/19 LI A Collier County Printed on 11/14/2007 7:40:07 AM CD-Plus for Windows 95/98/NT Page 1 �' // • CDPR0002 '- Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 internal electrical application in wall IMAGE DATE 4/19/2007 1 ummiumiltr- 2007/04/19 6 Collier County Printed on 11/14/2007 7:38:51 AM CD-Plus for Windows 95/98/NT Page 1 /7, iz C7PR0002 = Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 internal electrical application in ceiling IMAGE DATE 4/19/2007 4 LI � Collier County Printed on 11/14/2007 7:37 :31 AM CD-Plus for Windows 95/98/NT Page 1 .?7,e' /3. C7PR0002 = Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 external lighting fixture IMAGE DATE 4/19/2007 -ex • %) F wq- x E � a..�1:J t(.0411 L4 D Collier County Printed on 11/14/2007 7:34:55 AM CD-Plus for Windows 95/98/NT Page 1 CCPR0002 - Image Print V CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 external electrical fixture IMAGE DATE 4/19/2007 � S^ i • s • 2007/04/19 Collier County Printed on 11/14/2007 7:34:10 AM CD-Plus for Windows 95/98/NT Page 1 1°7 7c5: CDPR0002 Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 repositioned internal electrical fixture in wall IMAGE DATE 4/19/2007 e; • 4 2007/04/19 yF Collier County Printed on 11/14/2007 7 :41:47 AM CD-Plus for Windows 95/98/NT Page 1 177' /,‘. CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2007040560 internal kitchen plumbing removed IMAGE DATE 4/19/2007 iihaj ..,. .y � �::7 -7' .,. .__,„ ..,:. . mosu,a---pik, ----- - . 'g , ;:.;,:.:-. ,fit �i 'c 0: ., , , . ___,..47/ A 71 : ii ,Y' L 4 v ',: 0.P +Yi{i. M1• .->D37/34./1,;:7.: 1 G- Collier County Printed on 11/14/2007 7:36:15 AM Page 1 CD-Plus for Windows 95/98/NT COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. R.P.K. Enterprises of Bonita, Inc Jeffery H. Mantz, Registered Agent Shooters Sports Bar Clarie Sollecito, Registered Agent CEB No. 2007-121 DEPT No. 2007070013 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-18 Deed 19 Table of Contents CODE ENFORCEMENT- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-121 Dept. Case No. 2007070013 Plaintiff, vs. R.P.K. ENTERPRISES OF BONITA, INC JEFFERY H. MANTZ (AS REGISTERED AGENT) SHOOTERS SPORTS BAR CLARIE SOLLECITO (AS REGISTERED AGENT NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development &Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 4295 Bonita Beach Road SERVED: R.P.K. Enterprises of Bonita, Inc, Respondent Jeffery H. Mantz (As Registered Agent) Shooters Sports Bar Clarie Sollecito (As Registered Agent) Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-121 vs. DEPT CASE NO.2007070013 R.P.K.ENTERPRISES OF BONITA,INC JEFFERY H.MANTZ(AS REG AG)PROPERTY OWNER SHOOTERS SPORTS BAR CLARIE SOLLECTIO(AS REG AGT)BUSINESS OWNER Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44,as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 10.02.06[B][2][a], 10.02.06[B][2][d][ix], 5.04.05[A][l],5.04.05A[2]and 2004-58,The Property Maintenance Code,sections,16[2][i]and 16[2][j]. 2. Description of Violation: Signs without proper permits and banners displayed without proper permits. 3. Location/address where violation exists:4295 Bonita Beach Rd(folio 24470640005) 4. Name and address of owner/person in charge of violation location: R.P.K. Enterprises of Bonita Inc attn: Jeffery Mantz(As Regt.Agt.),27567 Grove Rd.,Bonita Springs,FL 34135. 5. Date violation first observed: July 7th,2007. 6. Date owner/person in charge given Notice of Violation:August 30th,2007. 7. Date on/by which violation to be corrected: September 30th,2007. 8. Date of re-inspection: October 2nd,2007. 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County :•- have failed as aforesaid; and that the violation should be referred to the Collier County Code C ode Enforcement Board for a .ublic :earing. 0C-141'' Dated this 1(0 Day of 2007 A WOK . c ell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER tt . 1e.' - Y Sworn to or a'u-r.-d)and s .sc 'bed llefor this�� day of GK'S`'_ 2007 by ��; 4. / A (Sign. e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known '��' ` or produced identification d°TAk{X Kai L.•S'IA11 1- t, :1E REV 3-3-05 K.A. art alA I 'nit :COmmiSSfon#Dp ,°?,,„`. %,„,„% Expires. '707 �P BONDED THRII ATLANT '^N-n I on 2 Case Number 2007070013 COLLIER COUNTY CODE ENFORCEMENT 0 NOTICE OF VIOLATION lei Qr: R.P.K ENTERPRISES OF BONITA, IN Date: 8/X/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 JEFFERY H MANZ AS REGISTERED AGENT: [PROPERTY OWNER] SHOOTERS SPORTS BAR CLARIE SOLLECITO AS REG.AGENT [BUSINESS] Zoning Dist C4 Sec 05 Twp 48 Rng 25 Mailing: 27567 GROVE RD Legal: Block Lot BONITA SPRINGS FL 34135 Subdivision 4295 BONITA BEACH ROAD BONITA SPRINGS FL 34135 Location: 4295 BONITA BEACH RD Folio 24470640005 OR 3413 Page 3236 Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007.44, as amended, 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. ORDER TO CORRECT VIOLATION(S): Ord No. 04-41, THE LAND DEVELOPMENT Section 10.02.06[b][2][a] CODE as amended You are directed by this Notice to take the following corrective Ord No. 04-41, THE LAND DEVELOPMENT Section 10.02.06[B][2][d][i action(s) 1) OBTAIN PERMITS FOR WALL AND POLE SIGN) ON CODE as amended x) PROPERTY IF ATTAINABLE OR REMOVE. 2)ATF PERMITS FEES ( 4X THE AMOUNT OF THE ORIGIONAL PERMIT)ARE TO APPLY TO Ord No. 04-58 THE PROPERTY Section 16[2][1] SIGNS. ALL INSPECTIONS THRU CERTIFICATE OF MAINTENANCE CODE. as COMPLETETION MUST BE ACCOMPLISHED WITHIN 60 DAYS OF amended ATF PERMIT ISSUANCE FOR POLE AND WALL SIGN. 3) IF WALL '�-1 No. 04-58 THE PROPERTY Section 16[2][J] SIGN IS REMOVED PAINT STRUCTURE IN A WORKMAN LIKE MAINTENANCE CODE, en FASHION SO NO SHADOWING REMAINS FROM REMOVAL OF amended SIGN. 3 )OBTAIN TEMPORARY USE PERMITS FOR BANNERS Ord No. 04-41, THE LAND DEVELOPMENT, Section 5.04.05 A[1] DISPLAYED ON PROPERTY.ATF PERMIT FEES ARE TO APPLY 2X THE AMOUNT OF THE NORMAL FEE START DATES ARE FROM as amended 7/2/07 TO 7/16 AND FROM 7/17/07 TO 7/31/07 CEASE ANY FUTURE ®Ord No. 04-41, THE LAND DEVELOPMENT, Section 5.04.05 A[2] PLACEMENT OF SIGN(S) OTHER THAN THOSE IN COMPLIANCE as amended WITH THE LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER COUNTY DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 7/2/07 1- WALL SIGN W/ BANNER ATTACHED COPY READS flSupolemental attached SHOOTERS AND 1 POLE SIGN W/ BANNERS ATTACHED COPY READS SHOOTERS. BOTH SIGNS AND BANNERS INSTALLED AND DISPLAYED WITH OUT FIRST OBTAINING VALID COLLIER COUNTY PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND ON OR BEFORE: SEPTEMBER 30TH 2007 DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT Failure to correct violations may result in: CODE. 1) Mandatory notice to appear in court or issuance of a citation that Supplemental attached may result in fines up to$500 and costs of prosecution. OR n 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE rXpeSEj.2VED r Y: rso =1 Service ❑Ce fed Mail ['Posting of Property ENFORCEMENT KITCHELL T.SNOW '(7 INVESTIGATOR: ❑Fax ['Mail s 2800 No. Horseshoe Dr.Naples,F -104 (239) 403-2314 F- '(239)403-2493 /// V� ��nvestigator signatur= " -' Signature and Title of-e ipie f' t VIOLATION STATUS: it Ira I. it La Print 1,.) el— la Initial DRecurring ❑Repeat Dated this , ,[/ day of AUGUST 2007 Notice of Violation Original to File C'nnv to Recnonrlent ('.nnv for Site Pnctinv C'nnv for Official Pocting Rev 4/(14 0 0. Lase PIVmoe. .V40 V♦vv . , C'...COLLIER COUNTY CODE ENFORCEMENT -1 NOTICE OF VIOLATION 4r-44r: R.P.K ENTERPRISES OF BONITA, IN Date: 8/31/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 JEFFERY H MANZ AS REGISTERED AGENT: [PROPERTY OWNER] SHOOTERS SPORTS BAR CLARIE SOLLECITO AS REG.AGENT [BUSINESS] Zoning Dist C4 Sec 05 Twp 48 Rng 25 Mailing: 27567 GROVE RD Legal: Block Lot BONITA SPRINGS FL 34135 Subdivision 4295 BONITA BEACH ROAD BONITA SPRINGS FL 34135 Location: 4295 BONITA BEACH RD Folio 24470640005 OR 3413 Page 3236 Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- ORDER TO CORRECT VIOLATION(S): described location. Ord No. 114-41 THE LAND DEVELOPMENT Section 10.02.06[b][2][a] You are directed by this Notice to take the following corrective Ord No. 04-41, CODE THEn e A LAND DEVELOPMENT Section 10.02.06[B][2}[d][i action(s) 1)s OBTAIN PERMITS FOR WALL AND POLE SIGN) ON m CODE as amended x] PROPERTY IF ATTAINABLE OR REMOVE. 2)ATF PERMITS FEES 4X THE AMOUNT OF THE ORIGIONAL PERMIT)ARE TO APPLY TO [Y,]Ord No. 04-5B THE PROPERTY Section 16[2][l] SIGNS. ALL INSPECTIONS THRU CERTIFICATE OF MAINTENANCE CODE as COMPLETETION MUST BE ACCOMPLISHED WITHIN 60 DAYS OF amended ATF PERMIT ISSUANCE FOR POLE AND WALL SIGN. 3) IF WALL � .„d No. D4-56 THE PROPERTY Section 16[2][J] SIGN IS REMOVED PAINT STRUCTURE IN A WORKMAN LIKE MAINTENANCE CODE as FASHION SO NO SHADOWING REMAINS FROM REMOVAL OF amended SIGN. 3 )OBTAIN TEMPORARY USE PERMITS FOR BANNERS DISPLAYED ON PROPERTY.ATF PERMIT FEES ARE TO APPLY 2X Section 5.04.05 A[1] Ord No. D4 4l. THE LAND DEVELOPMENT, THE AMOUNT OF THE NORMAL FEE START DATES ARE FROM as amended 7/2/07 TO 7/16 AND FROM 7/17/07 TO 7/31/07 CEASE ANY FUTURE ®Ord No. 04-41 THE LAND DEVELOPMENT, Section 5.04.05 A[2] PLACEMENT OF SIGN(S) OTHER THAN THOSE IN COMPLIANCE as amended WITH THE LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER COUNTY DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 7/2/07 1- WALL SIGN W/ BANNER ATTACHED COPY READS !Supplemental attached SHOOTERS AND 1 POLE SIGN W/ BANNERS ATTACHED COPY READS SHOOTERS. BOTH SIGNS AND BANNERS INSTALLED AND DISPLAYED WITH OUT FIRST OBTAINING VALID COWER COUNTY PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND ON OR BEFORE: SEPTEMBER 30TH 2007 DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT Failure to correct violations may result in: CODE. 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR (Supplemental attached 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 ' r -ECTED TO CODE ['Personal Service Certified Mail ['Posting of Prope:'. ENFORCEMENT KI CHEL►T.SNOW INVESTIGATOR: ['Fax [Nail 'i 2800 No.Horseshoe Dr.Naples,FL 341c' (239) 403-2314 ,........\Investigator signature ` Signature and Title of Recipient `_�. VIOLATION STATUS: Print / IQ Initial ❑Recurring ❑Repeat Dated this 31 day of AUGUST 2007 Notice of Violation ()riainal to File ('.nnv to Recnnnrlent Cony for Site Priding Cony for Official Pnctinv Rev 4/(4 4 U.S. Postal•Service=r. CERTIFIED MAIL, RECEIPT Provided) (Domestic M I ail Only; . .- information visit oor website at www usps.come ut For delivery ) Cr. " D Postage = ' Certified Fee Postmark CI• t Fee Here p (Endorsement Required) Restricted Delivery Fee i (Endo,..m"M Ftprnilradl rU fli ti To R P K ENTERPRISES OF BONITA INC 0 ATTN: JEFFERY MANZ Sere 27567 5 67 GROVE RD P` FL 34135 0000 � sve BONITA SPRINGS, ._ N orP Case Nbr — 2007070013 City, See Reversergr 'rOiuCtrans PS Farm 360 .AugUet2OQ . • 0 �\ i ) USPS - Track&Confirm UNITED smrs„ PzBut—sawit:E. Home I Help Track&Confirm 7,.<? •,,,.,"';' ,14V...1.-ev1,1- , •,as.: 7,4 .4; Track & Confirm Search Results Label/Receipt Number:7007 0220 0000 4037 5445 Status: Delivered "Rack&Confirm NiTigic:4 Enter Label/Receipt Number. Your item was delivered at 3:05 PM on September 7,2007 in BONITA SPRINGS, FL 34135. — - Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. ( Go POSTAL INSPECTORS site map contact us government services jobs National &Premier Accounts Preserving the Trust Copyright©1999-2004 Uses.All Rights Reserved.Terms of Use Privacy Policy http://trkenfrml.smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 10/3/2007 TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months--First Phase 30 months--Second Phase 18 months--First Phase 42 months 3 30 months--Second Phase 42 months—Third Phase 18 months--First Phase 54 months 4 30 months--Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the http://library4.municode.com/newords/DocView/13992/1/66/68 10/1/2007 7. growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library4.municode.com/newords/DocView/13992/1/66/68 10/1/2007 A. construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://1ibrary4.municode.com/newords/DocView/13992/1/66/68 10/1/2007 approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. *. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. ✓d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://library4.municode.com/newords/DocView/13992/1/66/68 10/1/2007 /O. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. // 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double.row row ofhedges between the teen the driveway. and the parking area and a single Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 8, Sanitary facilities. • 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements deter and s ine byte County Manager or designee to be necessary for the public health 5.04.05 Temporary Events A. Temporary Sales. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, • lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. �2 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. /3 d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. r-� �lf. A. 6j8_8„ O 4 i OCT t24. ORDINANCE NO.2004-58 1015 q ORDINANCE ESTABLISHING A PROPERTY S MAINTENANCE CODE FOR THE UNINCORPORATED AREA e..cmo fr OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDLNGS; PROVIDING THE RESPONSIBILITY FOR • - PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING –, FOR NUISANCES; PROVIDING STANDARDS FOR SECURING gtT BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r?' r_: cn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY 3Y rrl -T1 THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING r■ cow m FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING _ �° 1 COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o„ ry 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL o� N CONSTRUCTION; PROVIDING FOR INCLUSION IN THE yrn — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises. and from general neighborhood neglect and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 /C`• i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Erterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (I) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other ��. flora. 18 1 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. 4 i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wail surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 the payment of the required fee;and upon the confirmation,through inspection by a Code Enforcement Investigator,that the boarding or other method of securing the building or structure has been done in compliance with this ordinance. 4. The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six months from the date of the issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or designee after the initial six-month period for an additional six months.A property owner or his representative or contractor seeking renewal of the boarding certificate must file written request for renewal with the Code Enforcement Department no later than ten business days prior to the expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: a. The boarding or other method of securing the building or structure has been done in compliance with this Ordinance,as confirmed by a Code Enforcement Investigator after inspection of the building or structure by the investigator. b. The owner or his authorized representative or contractor has submitted to Code Enforcement, 10 days prior to the expiration of the original certificate,a detailed plan for correction,repair,or rehabilitation of violations of state or local building and housing standards and for the securing of the doors,windows,and other openings by the conventional method used in the original construction and design of the building or structure or,alternatively,a detailed plan for sale of the property to another person or entity with provision in the sale of correction,repair, or rehabilitation c. The owner or his authorized representative or contractor has submitted to Code Enforcement,prior to the hearing,a time line for applying for all appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate or, alternatively,a time line for the sale of the property d. The renewal certificate may be revoked by the Code Enforcement Board or Special Master if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line.Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. 5. A boarding certificate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists.Good cause shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control,such as inability to obtain financing for repair or rehabilitation,unanticipated delays in construction or rehabilitation,or unanticipated damage to the property.In addition,where appropriate,good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction,repair,or rehabilitation,or is attempting to sell the property.If the Code Enforcement Board or Special Master determines that there exists good cause to renew the certificate,the certificate may be renewed by the Code Enforcement Board or the Special Master for a period of up to,but not more than,an additional six months,subject to all of the same conditions imposed on the original renewal certificate. 6. No occupied building shall be permitted to be boarded for a period greater than 60 days. SECTION EIGHTEEN: NUISANCES 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. 20 /,q. L , . Rat: *t>x 3272594 OR: 3413 PG: 3236 * *t P01110 ?MI USX IIC UCOIDU ii tlift11101111 IMUDI of COLLAR COURT, IL 3415 1011?A Rua El 03 10f11/2113 it 10:4111 DIM I. INCL, ant 101I?A PRIM IL 34134 cols I1.N RIIC ill LH QUIT CLAIM DEED 00C-'10 'Tl THIS INDENTURE,made this Ai) day of September,2003,by and between RPK ENTERPRISES,INC., a Florida Corporation,hereinafter referred to a Grantor,and R.P.K.ENTERPRISES OF BONITA,INC.,a Florida Corporation,whose address is:27567 Grove Rd.,Bonita Springs,Florida 34135 hereinafter referred to as Grantee. WITNESSETH That the Grantor,in consideration of the sum of TEN DOLLARS AND NO/100($10.00)and other good and valuable considerations,to him paid by the Grantee,the receipt whereof is hereby acknowledged,has remised,released and quit claim to the Grantee,all of the right,title,and interest,claim and demand which said Grantor has in and to the following described property,situate,lying in the County of COLLIER,State of Florida,to wit: Lots 23 and 24,Block I,Unit I,Bonita Shores,according to the map or pint thereof recorded in Plat Book 3,Page 1, in the Public Records of Collier County,Florida Property Tax Identification number:#24470640005 SUBJECT TO easements, Restrictions and -,.. : a .yY _...,,,, i taxes for the current year. TO HAVE AND TO HOLD THE. • ,'with all and singular the , ; ances thereunto belonging or in anywise appertaining,and all the estate, ' ,- " . lien,equi and c atsoever of the said Grantor,either in law or equity,to the only proper use, •-- fit , d r - .of 1 e sat, a l'il ee fare -. IN WITNESS WHEREOF,the Grant. ..C h's .;�d j- i ,. •:year below written. Signed,sealed and delivered (� i In the ce of , ass RPK Enterprises, , , 7 ebecca Kwarciak,President int ame:d,/I/`n.t- // (////_.1 . tt "74.Cllet CI -C Witness Print Name: / /5 1111 /1.t,da <e F STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this date,before me an officer duly authorized in the and County aforesaid to take acknowledgements,personally appeared REBECCA KWARCIAK,who i Ily known me or who produced as identification and who did take ei-o WITNESS my hand and seal in the County and State last aforesaid,thif /' day fSSept 2003. / �. Notary ':-i I(% -- 4. _ Print Nam /l' r , This Instrument Prepared By: My commission exp. , 'f— -C �'r t Jeffrey H.Manz !n+ �"�t C . // SecJ Trees R.P.K.Enterprises of Bonita Inc. 27567 Grove Rd. '"':�''•�:'Rr Bonita Springs.FL 34135 • . MY � �� 21 t�t3 Noy spvt„ V County er#/,✓/T 6 fie 1. R. P. K. ENTERPRISES OF BONITA, INC. 11100 Bonita Beach Road, :ex 2-/2/ Oak Creek Crossing, Unit 108-A— Bonita Springs, FL 34135 Phone 239-947-1044 Fax 239-947-1885 November 8, 2007 Kitchell T Snow Enforcement Investigator Collier County Code Enforcement 2800 No. Horseshoe Dr. Naples, FL 34104 By Fax: 239.304.3923 Re:4295 Bonita Beach Rd., Shooters Bar Dear Mr. Snow: When we spoke a few weeks ago I informed you that the tenant, Midnite Enterprises, Inc located at 4295 Bonita Beach Road was being evicted for non-payment of rent in addition to subjecting the property to numerous code violations. I informed you that even though I was the owner, I had no right to trespass the property until the completion of the eviction proceedings or the tenant leave voluntarily. I am pleased to inform you that as of 5:00 PM November 7,2007 the tenant, Midnite Enterprises, Inc., Winning the_business-af_Shopters has_vacated the property and I have taken possession. _--------_ _ This morning, November 8,2007, by 10:00 AM the offending signs were removed from both the pole sign and the sign on the front of the building. The code violation of building color was corrected by the tenant prior to vacating the property, but they painted the name of the business"Shooters"on the west side of the building without securing a sign permit. On Friday, November 9, 2007 I will paint over the name with a covering paint, to follow with a coat of paint to match the current color of the building. I believe this corrects all of the code violations. I will be attending the hearing on November 29, 2007 and I hope the fact that I corrected the violations within 12 hours of legally having the right to taking possession will be an important factor at the hearing. P --se call me with any questions you may have. - o , r- . anz Vic-- sident 2 Po-r . •: • • .... k. • . . 4,4:i' - • 0 -...4 ••• . .4 ....,..104 s.., Q . . i ..- N S -,••1 .:....1 . 1 ■ __, Ih•-1 . , w CI . 1 • • ' : . -.,.... ;.`"%". ., - 4 . : . . ,. A' - • ••,,. i , _ I ;-•..., ,,,:.,:. :'.1 .' 4,. ,‘. ..,.,-..--....... . . . .. . .. -:::::::...... "7.-•• -•'..,.?.t. '.•,... ---. . . . .. ..... .... , • . - .• . . . I . . ..,. . . . 1 i ' 1 4 ' • ",,,,, ,. . .• '''.,t • kic-' . , - . '4 •'.-.• , -.... . I- :',,i. . . - ' •.4.151 l'--,-.._:,-,,, k ,.:._ .,...i, .-... . 4,.., -.• ,-,., :::*...4‘.........,,... ti „.,-,.. ..,.,....„.. . -.-,_,............. ..............,..„.. -,.. • ..., .......„... .... ... ---'•-•-_, 1 -.. -..„..., .,, ...,....... . ,.,• .. . 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IQ . t. 03 .... . -' .., E., ....4 al ,.. . , ,• ... al ., li 4 ,.. .. ,, ... . ,. ,t . . .•.' ,:. ..:, '" ?:-i-im,,:;''2164*■;:"V'''' ;':.'. rs,l,i,„: .:"'„'„ .',. ,,s, • '°. ° . „” t4:,-ntil.fi'c:.`„:",„,•„..';',-,` ."..',W, -'' *4•,,, COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Horse Creek Partners, LTD Alan T. Schiffman,Registered Agent Seasonal Investments, Inc, Business CT Corporation System (Steven Morwitz PTD), Registered Agent Respondent(s) CEB No. 2007-122 DEPT No. 2005090022 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-16 Deed 17 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-122 Dept. Case No. 2005090022 Plaintiff, vs. HORSE CREEK PARTNERS, LTD, ALAN T. SCHIFFMAN, Registered Agent SEASONAL INVESTMENTS, INC, Business CT CORPORATION SYSTEM (STEVEN MORWITZ PTD), Registered Agent, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 102 Palm River Blvd. SERVED: Horse Creek Partners, LTD Alan T. Schiffman, Registered Agent Seasonal Investments, Inc Ct Corporation System (Steven Mortwitz PTD) , Respondent(s) Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will no be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner n CEB CASE NO. 2007-122 Vs. DEPT CASE NO.2005090022 HORSE CREEK PARTNERS,LTD ALAN T.SCHIFFMAN(Reg.Agent) SEASONAL INVESTMENTS,INC(Business) CT CORPORATION SYSTEM(STEVEN MORWITZ PTD)(Reg.Agent) Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as Amended,The Land Development Code, Sec 9.03.03[D][1][d], 9.03.03[D][2a+b],9.03.03[D][3][c],9.03.03[D][5], 10.02.06[B][2][a]AND 10.02.06[B][2][d][ix]. 2. Description of Violation:Non-conforming sign erected prior to 1991 and exists beyond the amortization schedule regarding conformity to current code and not properly maintained according to code. 3. Location/address where violation exists. 102 Palm River Blvd, (folio#65220000100). 4. Name and address of owner/person in charge of violation location: Horse Creek Partners, LTD, Alan T. Schiffman(As Reg Agt), 870 111t Ave N. ,Naples F134108 ..---,' 5. Date violation first observed:August 25,2005. 6. Date owner/person in charge given Notice of Violation:October 1st,2007 7. Date on/by which violation to be corrected: October 19th,2007. 8. Date of re-inspection: October 21'1,2007. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County C,,4- 1 ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a p •lic h-aring. F Dated this,31 Day of � an. ,2007 •-` i� ell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirm )and s ribed before thiii day of ,2007 by IU""-'` �s �-� g am / c-/k (Signa e of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification �� X ∎OTARY PUBLik,- 1- ,•r REV 3-3-05 K. I. Van ic s: '111! e %'',.,.�,,•,,Expires, NOV ',. oOa BONDED THRU ATLANT::. O1 DING CO,MC. ,..OSC 1<ut;1QCi <VU.rV>VV« COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Violators: Date: 9/19/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 HORSE CREEK PARTNERS ALAN T.SHIFFMAN AS REGISTERED AGENT: 2235 VENETIAN COURT NAPLES,FL 34109 [PROPERTY OWNER] Zoning Dist R Sec 23 Twp 48 Rng 25 Business: SEASONAL INVESTMENTS,INC Legal: Block Lot CT CORPORATION SYSTEM Subdivision AS REGISTERED AGENT: 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 [BUSINESS Hotel STEVEN MIROWITZ PTD Folio 65220000100 OR 3351 Page 3048 Owner 11500 OLIVE DRIVE#240 Book SAINT LOUIS,MO 63141 Location: 102 Palm River Blvd (Sign) Location: 103 Palm River Blvd(Business) NOTICE ®Initial ❑Recurring ❑Repeat Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended,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. Ord No. 04-41 THE LAND DEVELOPMENT Section 9.03.03[D]1]]d] CODE as amended ORDER TO CORRECT VIOLATION(S): Ord No. 04-41 THE LAND DEVELOPMENT Section 9.03.03[D][2[a+b] CODE as amended • rd No. D4-41 THE LAND DEVELOPMENT Section 9.03.03[D][3][c] You are directed by this Notice to take the following corrective CODE as amended action(s) OBTAIN A DEMO PERMIT AND REMOVE THE NON- ER Ord No. 04-41. THE LAND DEVELOPMENT Section 9.03.03[0][5] CONFORMING SIGN /STRUCTURE. CEASE ANY PLACEMENT OF CODE as amended SIGNS THAT DO NOT COMPLY WITH THE LAND DEVELOPMENT Ord No. 04-41 THE LAND DEVELOPMENT Section 10.02.06[B][2][a] GODE OF UNICORPORATED COLLIER COUNTY. CODE as amended Ord No. cru ary�e�d Section 10.02.06[B][2][d] fix] j/Supplemental attached CC�� DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: OCTOBER 19TH 2007 Did Witness: Failure to correct violations may result in: ON 8/25/05 STAFF OBS 1- FREE STANDING NON- CONFORMING 1) Mandatory notice to appear in court or issuance of a citation that SIGN ERECTED PRIOR TO 1991. THE SIGN EXCEEDS THE SIZE may result in fines up to$500 and costs of prosecution. OR REQUIREMENT AND DOES NOT CONTAIN A POLE COVER OR 2) Code Enforcement Board review that may result in fines up to REQUIRED PERMIT NUMBER. THE SIGN IS A NON-CONFORMING $1000 per day per violation, as long as the violation remains, and OFF-PREMISE SIGN LOCATED IN A RESIDENTIAL ZONED DISTRICT costs of prosecution. WHICH IS PROHIBITED BY CODE. J[Supplemental attached S D BY: ORDINANCES sonal Service OCertified Mail ❑Posting of Property Fax ❑Mail 5c to INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. OW Sigma" d T .?of Recipient, / INVESTIGATOR ( s� L- A 4 2800 No. Horseshoe Dr.Nap-.,FL 34104 /"(239) 403-2314 Fax(239)40 2493 Print investigator signature , • Dated this l day of SEPT. 9 9 ��`� 2007 VIOLATION STATUS: Nntire of Violation Oricinal to File Cony to Resnnnrlent C'nnv for Site Pnctinv Cony for Official Pnctinv Rev 41(14 e Case Number 2005090022 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION P stators: Date: 9/19/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 HORSE CREEK PARTNERS ALAN T.SHIFFMAN AS REGISTERED AGENT: 2235 VENETIAN COURT NAPLES,FL 34109 [PROPERTY OWNER] Zoning Dist R Sec 23 Twp 48 Rng 25 Business: SEASONAL INVESTMENTS,INC Legal: Block Lot CT CORPORATION SYSTEM Subdivision AS REGISTERED AGENT: 1200 SOUTH PINE ISLAND ROAD PLANTATION,FL 33324 [BUSINESS Hotel STEVEN MIROWITZ PTD Folio 65220000100 OR 3351 Page 3048 Owner 11500 OLIVE DRIVE#240 Book SAINT LOUIS,MO 63141 Location: 102 Palm River Blvd (Sign) Location:103 Palm River Blvd(Business) NOTICE [E]Initial El Recurring ❑Repeat Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended, 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. ED Ord No. 04-41, THE LAND DEVELOPMENT Section 9.03.03[D]1])d] CODE as amended ORDER TO CORRECT VIOLATION(S): P+Qrd No. D4-41. THE LAND DEVELOPMENT Section 9.03.03[D][2[a+b] CODE as amended Ord No. 04-41, THE LAND DEVELOPMENT Section 9.03.03[D][3][c] You are directed by this Notice to take the following corrective CODE as amended action(s) OBTAIN A DEMO PERMIT AND REMOVE THE NON- CONFORMING SIGN No. 04 4l, THE LAND DEVELOPMENT Section 9.03.03[D][5] CONFORMING SIGN /STRUCTURE. CEASE ANY PLACEMENT OF SIGNS THAT DO NOT COMPLY WITH THE LAND DEVELOPMENT CODE as amended ID Ord No. 04-41 THE LAND DEVELOPMENT Section 10.02.06[B][2][a] CODE OF UNICORPORATED COLLIER COUNTY. CODE as amended Ord No. 04-41, THE LAND DEVELOPMENT Section 10.02.06[B][2][d] FISupplementai attached CODE as amended [ix] DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: OCTOBER 19TH 2007 Did Witness: Failure to correct violations may result in: ON 8/25/05 STAFF OBS 1- FREE STANDING NON- CONFORMING 1) Mandatory notice to appear in court or issuance of a citation that SIGN ERECTED PRIOR TO 1991. THE SIGN EXCEEDS THE SIZE may result in fines up to$500 and costs of prosecution. OR REQUIREMENT AND DOES NOT CONTAIN A POLE COVER OR 2) Code Enforcement Board review that may result in fines up to REQUIRED PERMIT NUMBER. THE SIGN IS A NON-CONFORMING $1000 per day per violation, as long as the violation remains, and OFF-PREMISE SIGN LOCATED IN A RESIDENTIAL ZONED DISTRICT costs of prosecution. WHICH IS PROHIBITED BY CODE. FlSupplemental attached SERVED BY: ORDINANCES ❑Personal Service (ertified Mail ❑Posting of Property ❑Fax rrrr El Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Signature and Title of Recipient ENFORCEMENT K HELL T.SNOW INVESTIGATOR: ��800 No. Horseshoe Dr.Naples, FL 3. 39) 403-2314 403-2493 Print �w Investigator signature 46,39) Dated this / � day of SEPT. � A 2007 VIOLATION STATUS: Notice of Violation Original to File ('nnv to Re_cnnndent Cnnv fnr Site.Pnctinv Cnnv for Official Pnctinv Rev 4/04 /1 °U S 71'Postar'Service,Yr CERTIFIED MA[Lr RECEIPT (Domestic Mail:Onlyr Noln►surance Coverage:Provided) O For delivery information visit our;website at www.usps coma_?. r- d Postage $ Certified Fee D Postmark D Return Receipt Fee Here D (Endorsement Required) Restricted Delivery Fee (Endo, runj Iota SEASONAL INVESTMENTS INC D CT CORP SYSTEMS R/A Sent 1 1200 SOUTH PINE ISLAND ROAD PLANTATION FL 33324 7 Street or PO. city,s Case Nbr 2005090022 ______ ._Form-;3800 August2006' See Reverse forins8ruc8io U S Postal Service in CERTIFIED MAILTru, RECEIPT ;(Domestic Mail Only;No insurance Coverage Provided) ftJ For delivery information visit our website at www,usps.comS fa. t b a%.57 % r% ism» vito rn D Postage $ Certified Fee Postmark Return Receipt Fee Here D (Endorsement Required) �\ D Restri • (Fodor STEVEN MIROWITZ PTD fL1 11500 OLIVE BLVD STE 240 n1 Total SAINT LOUIS, MO 63141 7141 Sent 71 Case Nbr — 2005090022 D▪ Street, tti or PO r _. City,State,ZIP+4 • PS Farm 3800 August 006 .See Reverse for lnstructi• USPS - Track& Confiuii Page 1 of 1 Uf TEL)S T S wax MAIL SERVICEs Home Help l �'#"'" 4 ^}�t4;`l .4 T 1. .� ".rinintt €°4�'»r."VMS M' c` 'i?� ,.«�..�.3a ..�,�_x.:�-r,�.`e..§��,�o, ,..��w'�.'...NS�'3��1�.�'�a sw.ss.,,_..., ,,.��"�..r,�s�.�edt5��.� ..a�..�., '��:. i .� ....:..i- Track&Confirm Track & Confirm Search Results Label/Receipt Number:7007 0220 0000 4037 5247 Status: Delivered Track&Conte Enter Label/Receipt Number. Your item was delivered at 3:55 PM on October 1,2007 in SAINT LOUIS, MO 63141. Addrffnrtai Details> ; rirettire to 1ISMeat a Name s Notification ati Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. k Q>y; • POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright©1999-2004 LISPS.All Rights Reserved.Terms of Use Privacy Policy http://trkcnfrml.smi.usps.com/PTSlnternetWeb/InterLabelInquiry.do 10/22/2007 �, USPS - Track& Confirm Page 1 of 1 _imam ES Slt � suO Home j Help P"■ W .t".tz=� ux r ' ?JN&'�`<�.`,.,�.-..�..� `,..3k*$..; fi�'.�� .�'' ...�«"tkx.� Track&Confirm Track & Confirm Search Results Label/Receipt Number:7007 0220 0000 4037 6060 Status: Delivered Track&COtriTIM Enter Label/Receipt Number. Your item was delivered at 12:14 PM on September 28,2007 in FORT LAUDERDALE, FL 33318. Additional Details s (ROWDY tr UUSPSctur Rune>A Natification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Go>'. POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright O 1999-2004 USPS.All Rights Reserved.Terms of Use Privacy Policy http://trkcnfrm1.smi.usps.com/PTSlnternetWeb/InterLabellnquiry.do 10/22/2007 7 9.03.03 Types of Nonconformities A. Nonconforming lots of record. In any district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record at the effective date of adoption or relevant amendment to the LDC. 1. The minimum yard requirements in any residential district except RMF-6 and E estates) shall be as for the most similar district to which such lot of record most closely conforms in area, width and permitted use, except that when possible the greater of any yard requirement in either district shall apply, and except when specifically provided for in the district regulations. 2. The minimum side yard requirement in any commercial or industrial district shall be equal to the height of the proposed principal structure, or the minimum side yard requirement in the district, whichever is lesser. 3. Nonconforming through lots, i.e., double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of fifteen (15) percent of the depth of the lot, as measured from edge of the right-of-way. 4. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. front yards along the local road shall be developed with structures having an average front yard of not more than six (6) feet; no building thereafter erected shall project beyond the average line so established. 5. When two or more adjacent legal nonconforming lots of record are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office, or combined as a single parcel by recording the previously separate non-conforming lots into one legal description, neither or both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal descriptions as legal nonconforming lots of record according to the original legal description(s) at the time the property was recognized as legal nonconforming. Prior to any two or more adjacent legal non-conforming lots being combined for development, a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and a development permit has been approved by the County for development as that unified parcel, the property can not be split or subdivided except as may then be allowed by this Code. B. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise-lawful, subject to the following provisions: 1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single-family dwellings, duplexes or mobile homes shall be permitted in accordance with section 9.03.03 B.4. 2. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than fifty (50) percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed except in conformity with provisions of the LDC. a. Docks and boathouses are not subject to the provisions of Section (B)(2) above. docks and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconforming facility with regard to deck area, protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990. Any expansion of the facility, no matter how insignificant will void legal nonconforming status and require strict compliance to the Code. 3. Should such structure be moved for any reason for any distance whatever, other than as a result of governmental action, it shall thereafter conform to the regulations for the district in which it is located after it is moved. 4. Nonconforming residential structures, which for the purpose of this section shall mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning Code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded, or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by resolution. 5. Notwithstanding the foregoing restrictions as to reconstruction, any residential structure or structures in any residential zone district may be rebuilt after destruction to the prior extent, height and density of units per acre regardless of the percentage of destruction, subject to compliance with the applicable building code requirements in effect at the time of redevelopment. In the event of such rebuilding, all setbacks and other applicable district requirements shall be met unless a variance therefore is obtained from the Board of Zoning Appeals. For the purpose of this section, a hotel, motel, or boatel shall be considered to be a residential structure. Since the size and nature of the alteration, expansion or replacement of such nonconforming structures may vary widely, a site plan, and if applicable, preliminary building plans indicating the proposed alteration, expansion or replacement shall be presented with each petition. Prior to granting such alteration, expansion or replacement of a nonconforming single-family a dwelling, duplex or mobile home, the Planning Commission and the BCC shall consider and base its approval on the following standards and criteria: a. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located; b. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use; c. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback; d. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure; e. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties; and f. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. C. Requirements for improvements or additions to nonconforming mobile homes. 1. Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 2. Issuance and reissuance of building permits when multiple mobile homes are located on a single parcel of land: Where specific zoning districts permit mobile home development and said lands have been substantially developed prior to the effective date of the LDC with multiple mobile homes under singular ownership without an approved site development plan, as required by Chapter Ten of the LDC, no further building permits for the placement or replacement of mobile homes may be obtained except as defined below. 3. Prior to issuance of any building permit for replacement of a mobile home, the property owner or authorized agent shall provide the County Manager or designee, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: a. Proof of building permit issuance for structure being replaced. b. The location of the structure to be replaced and its relationship to adjacent mobile homes and parcel boundaries. 4. Prior to issuance of a building permit for any additional mobile home(s), the applicant or authorized agent shall obtain a site development plan, consistent with Chapter 10 of the LDC. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. i f) 5. In no case shall the issuance or reissuance of building permits cause the density of the subject parcel to exceed that provided in the density rating system of the GMP or the lmmokalee future land use map, except as may be provided in section 9.03.03 B.4. of the LDC. D. .;_ Nonconforming signs. Existing signs not expressly prohibited by this Code and not conforming to its provisions shall be regarded as nonconforming signs. 1 _ The following signs, and sign structures shall be removed or made to conform to this Code within 90 days from the effective date thereof. a. Signs made of paper, cloth or other nondurable materials. b. All temporary signs. c. Those signs described in sections 5.06.02 G., 5.06.02 M., 5.06.02 N., 5.06.02 Q. and 5.06.02 R. d All nonconforming on-premises signs, and sign structures having an original cost or value of $100.00 or more, and originally built prior to January 1st; 1991, which do not conform to the requirements of the 1991 Code and all illuminated and/or animated signs, neon or otherwise, installed inside commercial establishments and intended to be seen from the outside may be maintained until February 1st, 2003, at which date all such signs must be made to comply with the requirements of this Code or removed, except as provided below: Nonconforming off-premises signs. All nonconforming off-premises signs, and sign structures having an original cost or value of$100.00 or more may be maintained for the longer of the following periods: Two years from the date upon which the sign became nonconforming under this ordinance. b. A period of three to seven years from the effective date of this ordinance, according to the amortization table below. TABLE INSET: Sign CostNalue Permitted Years from Effective Date of this Amendment $100.00 to$1.000.00 3 $1,001.00 to$3,000.00 4 $3,001.00 to$10,000.00 5 More than$10,000.00 7 c. Any owner of an off-premises sign who requests an amortization period longer than two years shall, within one year from the date of enactment of these regulations, register the sign with the code enforcement director, or his designee. The following information shall be provided at the time of registration; the cost or value, whichever is greater, of the sign; the date of erection; or the cost or value and date of the most recent renovation; a photograph of the sign or signs and their supporting structure, not less II. 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the - submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning /2 regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building l.3 use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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. For the purposes of determining compliance with the zoning 1f/. v , site development provisions of plan the pursuant Land De to elopment section Code 10.02.03 an hereinapproval, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2.. '-° Building Permit applications for signs. a ry°. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d'$ Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. /� v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Rood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. Book 3351 - Page 3048 Page 1 of 1 3227881 OR: 3351 PG: 3048 IICOIDID In OFFICIIL IECODDS of COLLIES C0N71, EL 07l2l/t003 it I1:11)X RIM I. DOCI, CUD CONS MODC.0a This Daeueeat Prepared veto Opinion of Mk Sy: DC III 11.50 JANMS H. sItsxs, ESWUTAe DOC-.70 4fl5*.00 without Opinion of Title ErE' 1000 Tamiami Trail Worth, suite 201 LOODLITi1 COLD D IS AL Maples, Florida 34102 4001 rurtlxt rD I 4300 Parcel f0 Number: MILES FL Sabah Granter a Grwtote a.TITS Warranty Deed This Indenture, madelaic 22nd. day.,' July , 2003 A,D. Between False River Estates, Inc., an Ohio corporation grantor, and Horse Creek Partners, Ltd.a Florida limited partnership whose aims..s 1166 Dimock Lane, Naples, l':L 34110 or the(*Raab of Collier , Sine of Florida ,grantee. Witneaseth that the GRANTOR.for and m consdaattoo of the sir of TEN DOLLARS ($10) DOLLARS. and other good and valuable cssarderauon to GRANTOR in hand paid by GRANTEE, the fecsipt wbaaaf n bereby acknowledged. has granted.bargained and sold to the said GRANTEE and GRANTEE'S {wire.sh Cae aors and inapt totem.the foilowtei described Lund stusic bong and being to the County of State of Florida lawn SEE EXHIBIT A, ATTACKED HERETO AND INCORPORATED EY =TERENCE. Subject to Current taxes, easements and restrictions of record. • and the grants does hereby hilly woman the title to and land,and will defend the sem against lawful duet of all persons whomsoever In Witness Whereaf,me gnaw has ieremno set us hand and sad the day and year Beg above written Signed,sealed and delivered is our presence: Palm River Estates, Inc., an Ohio c7oration,, gy: (Seal)tt Fl . e J . President print nsm*: Taeaey J. Ashbee Address:311YpgWay,Naples.mutts • Sig .tors Wi ss , print name: /James King STATE OF 0 20 (CO�sras COUNTY OF it WAYNE The fuscous'ins°"uent was acknowledged before et due "21st day of July ,2003 b, James Jelinek, President of Palm diver Estates, Inc., an Ohio corporation on behalf of t e corporation u eersuaaRt ken )tt me is ht has produced his as aienafk stun f ✓ ‘"a.vtititr.\yyl LiYhA Printed Neat& Tawny J. Ashbee (Peppsrd) Notary Public mh • My Cansstat E tppea TAk(ICn $(p h/ NtexyPahlie,SteiettOtds hfrOttunhe tEtpknApt7?.2006 http://www.collierappraiser.com/viewer/Image.asp?ImageID=222039 3/23/2007 f'ez o ead f', ///e/r t f � Q� cf_45 2007- //2 Fairways Motel Sign Issue • Sign has been at this location 41 years, I've owned property 9 V2 years. • 1st notification to remove sign from South Water Management, gave us 10 days to remove, we requested they work around it. • I have previously attempted to resolve this issue by applying for a variance at the counties recommendation, incurring considerable cost, only to be told that no mechanism exists for such a variance. Pre-application meeting 5/06, applied for variance. I am now applying for a rezone of the parcel where the sign is located. • I understand that a vintage 1960's sign doesn't fit with the image of Naples today, and I am willing to replace the sign with a more modern sign that is lower, less face copy surface, and therefore, less visible; however would like to retain the current location, illumination and reasonable visibility. • Other signs currently exist along Immokalee Rd and in Collier County with characteristics similar to what we are requesting. • Percentage of income derived from sign: Percentage of Year Revenue Revenue Dollars 2004 9.49% $ 60,784.48 2005 9.99% $ 72,872.20 2006 8.03% $ 48,285.50 2007* 14.65% $ 64,473.83 *Through 11/20/07 Loss of visibility could turn a marginally profitable business into an unviable business. -Pole 2 . a ' �, ' " -;1 'x ' • + .' , ` $i • �i n ,.-t... 't ,, . ^ w -. v $$ � s T � a= � _ T i Wig. kt". r 'mot t°,a• t;Y 1 �.; `'i'' ,y . ! 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U] 3 • -1—I ct W 44e. 6 • �`H® • E CREED • � EsFr � F-Jr. Es SEASONAL INVESTMENTS, INC. shall be granted permission to erect a sign on the • following described property, which it currently holds an easement for parking facilities: AD that tract or parcel of land lying and,being within the boundaries of a subdivision known•as PALM RIVER ESTATES; Unit One, as recorded in Plat Book 3, Page 90, , Collier County Public Recordsend being more particularly described as follows: The PLACE OF BEGINNING being a point where the East line of Palmview Drive extended in a southerly direction Would intersect the Southerly right-of-way line of Piper Blvd.; • ' Thence continue Southerly along said line a distance of 55.06 feet, said point being 100 feet from the South line of•Section 23, Township 48 South, Range 25 East; • Thence South 89 24'30" West a distance of 160 feet; ' Thence North 00 01'12" East a distance of 56.77 feet to a point on the Southerly right-of-way line of Piper Blvd.;_ • Thence North 89 58'48" East a distance of 160 feet along the Southerly right-of-way line of Piper Blvd. to the Place of Beginning. The above'described tract being subject to a 5 foot utility'easement over and along the Westerly 5.0 feet. • • - - . • The said property is also known as 102.Palm River Blvd, Collier County Parcel Number 65220000.100. - • By: Horse Creek Partners, Ltd. .4161>.' <S&P��fi Printed Na Signature , • . / -z4,-.0 1 , Date • - ' 500 SaddlebrookLane • Naples,Florida 34110 ■ Tel:239-598-9750 • Fax:239-598-9187 -le Uf.I • rwLU VERDE RESEARCH INC FAX NO. 9414819890 7. - Sep._ 14 1999 02:04PM P3 •..yl r: ti.+�1+r•w.-_ ___--- -..++••�-.+•.•w-_.y-.•- .. --_.......-. -�.. --lull t _ .A ` '• h'}�CNV .,+4 •p�t+f>'tiu� �� • Pte 9 I- • A'1', 118365 o` 208 +7 �• FT1.a,0iii 1E1208 tut 1 COLD toiai.toil • KNOW ALL KEN IT TNESR ras5f(Z5, That Tint ARM OORPOILATION •• er coLLIER 0OU has, for and in consideration of the am of •-'- i ONE ($1.00) DOLLAR, to it in hand paid, the receipt whereof is . ' ' j hereby acknowledged, given end granted unto CART, N. ANDERSON _ _ • and JANE L. ANDB[t$ON, husband and wife, as an estate by the entireties, the present owners of Lots 400, 401, and 402,' I1 • p iji RIVER tSTT igS, a subdivision as filed and reoordsd in fiat gook 3, Page 90, of the Public Records of Collier t:o nty,Ploride, . :. = i T his heirs, successors and assigns, whe may eorrespcnoingly be the owns of the said Lots 4O,, 401, and 402, an easement for the use t �( of the following described real property; subject to.the utility easement contained therein, for parking feel:Actaet o,,J.1„„. All that tract or parcel of land lyin and being i+�•' ' the boundaries of 4 subdivision known as PALM RlVtat ESTATES, Unit One, as rscezded in Plat Book 3, Page 90, I • Collier County Public **cords and being more.particularly `°, described as fellows: • The FLAGS OF 8+.r1NWENd being a point where the east lint i of Paliviaw Drive extended in a Southerly direction would • incesesec the Southerly right-ol-way line of Piper Blvd.; Thence continua Southerly along said Line a a tonn ;. e of 55.E teat, ma:* point being 100 feat from the South line of Section 23, 7lawasbip ale tooth, Range 23 East; Thence South 89 24' 30" Hest a distance of 100 feet) - - ' Thence North 00 01' 12" fast a distance of 56.77 feet to a point on the Southerly right-away line of Piper •.I Sled.; Thence North 89 $8' 48s east a distance of 140 feet along the Southerly right-of-vey line of Piper Blvd. to the !._ Place of beginning. - • •, :: Y • The s uvs .----jived tract being subject to a 3 foot utility L + _ }: • easement over 4nd along the estsrly S.0 feet, - As pert of the consideration for the nee and occupancy of such I praises for parking facilities, Grantees, their heirs, successors 1' anti assigns, covenant that same will be landscaped and maintained ' f, I in a manner complimentary to the entrance to th.:it certain subdivision ,. S " i •1AT co.FLORIEi?A a 1 1 •• : p 1 • V -U V I-11. C1•Clit Kt SLHKCH INC FAX NO. : 9414819890 _ Sep. 14 1999 02:054 -e • . . • . • • . . . - •. . . • . .. , .. . -. . . . • . , , . . . ..• - ' r . , . , • , . • . , . . • - . • _ . .. ._ . .. . . .. , • ,._ _ .. ...,,......_.. • . . . • . . , , • . . . .. . . . . . . . . . . . . . , . ...,..--..::: •••r,..,..,,,„-_;, - - . . ,. . .--, • , , , . . . f,p,......ii,°VI'41(•-e.....q.:?:,1,,:,/,...•.,••••,,,••••••-,.,''' . .. 1,4,... 1.,..,..,..,., • :•... •••• '•.•■•7";I.: V7. •••,••'•1•.••1/4'4,..e....... ..'''....i• 'r,. ., .- •'.).'' • . . -,, • •••'• k."...:;,',:',....-...:"..1:7.....:::'.. .... . ..... •• • • • . .....‘ • . T.. . • . .•,.•••• . Hi 208 fat 1.8 . : •• • ,.. • !I •' ' .. . . ., ' . • - . '.:' I • ....- ' . . 1atova ea PALK RIVZ1 ESTA17.3. • - 1 ...... . . . . . • - IN WITNESS WHERSOF, the said AWN oposocisico OP COLLIES -• • ...„ . , . ... . . _ . COUNTY has caused those presents to be aigned in ins name by its • ' .:;:......• .7,.. i,-%,..'• • •• - • •.. •T..-.•:,..: President,.and.its corporate raL to be affixed, attested. by its ' :-. .• ''.' . • - ' Secretary, this _2111/Lay ef 2fibf:L A.D. .--..--... . .. - . •.• • • .• ....-..... .. ,.:. - ..' , •• taS, ... Tin anal 000pooLazoo or.ooLLsoa coustrr • • • • . -; • -:-.- z - • - 0;-'''/I1. •:.„•Iciorpor.ita &id.) d_X • • . . : :-:...** . • ••• .., By 0.or //r/ :_,:.. .• ..._.; •.1 tar/ (. Andacrort,. ProsLath • . .. ' •• :r :7 ..... •• • .. . . . .. . • ••-•:•• • - -• .............• /1. . Weaver. Lacretary -......... .... . • ' ' --- ,•••• ...'''-'.'':. Signed, Sealed and Delivtred ..... ,„. „ ..... , .. . . . ..., .• . . ,.... .:, In our Preence; • 1 . „„...- • • / .../ei. 1 .- . A. .ie.-t/• • • • ... .. - • - • . . . . - .-: /V,-4,-.%cz io . . ..... .. .,. SPATS OP FLORIDA ) • , ) &St • • . . . . - . . _ _- , -• • s • _ _--,--, ,, , , COMITY OF COLLIER ) ••''. - . 4,01., att.e......... /...„..7, A.D.. I , , 1 . :. '•:...... ';'.-;:' I lin= DeRTIFT, 'that zn thie *.".''', '' -:-..: :-.-' ', ' 1966, before se porsonalX9 e9P4exe4 ..wo‘Artr•viixue41`;.414,° if..845 gasca.41;01, - 1 . v-.'",..-...........-;.••• . . shaver. President andSeoratary respecti ' i : .•r.-.--:.--'''.'`... OP OOLLISIt couoTr, a eerPereeusik Ahder Pil0Aw41 ot..till, . ..4.:".4.2tee.xeitio.u;t _ Florida. to ma lazosat to be the persons des ad .711,idrt; inosaddd,ed • ...... - • .. . . . . . , . .. the foregoing conveyance to CARL P. . •• - . and Oevtratly acknowledged thweasantlARe, ;r &4- , 4 therein act and dead AS such officers, for the Ilse_ _.. _jai,4044..ot 6.44 s ..,,.....,....:;,....•-- • nenttaled; mid*that..theY Affixed.they'll**r4"....14:tr-%:4;4444r0r ifiald: ..•.i.„„, 1 .,,,•-.,....... ....,.: corporation, and the a aid instrument ea t corporation. . ••.1 ' ":-:'..**:;'''',..-..., ' --WiallEss my signature and official 4044 199t; , itastp .. ;;.. , .........,......:,n„.. Clounty.of collier and St.‘ts of Florida, aforsdeid. ' - s • :- .......• s ,0„ .:(3 : „:.,,; ,,,, ..--„i„........- .. , :.,. ...... ; ....,..;.,...,:-......•-, •'..'-'...:..".'•''•.......', . . 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Case No. 2006010965 Plaintiff, vs. JOSEPH FERIO FRANCOIS, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 125 Boston Avenue SERVED: Joseph Ferio Francois, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-52 DEPT CASE NO. 2006010965 Board of County Commissioners vs. Joseph Ferio Francois Respondent(s) Violation(s): Violation of Ordinance(s): 2004-58, the Housing Code, Section 11 Location: 125 Boston Avenue, Immokalee, FL. Folio#25580320007 Description: A structure that has been severely damaged by fire, and now has been designated as a"hazardous building"by the Fire Inspector. Past Order(s): On October 26, 2006, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4132 PG 0987, for more information. The Respondent has not complied with the CEB Orders as of October 26, 2006. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,924.53. See below. Order Item# 1; Order Item#2 Fines at a rate of$250.00 per day for the period between October 27, 2007-November 2, 2007 (5 days)for the total of$ 1,250.00. Fines continue to accrue. Order Item #4 Operational Costs of $ 319.79,have not been paid. Retn: 3926064 OR: 4132 PG: 0987 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEB 18.50 INTEROFFICE 4TH FLOOR 11/02/2006 at 03:42PK DWIGHT B. BROCK, CLERK COPIES 2.00 B%T 8406 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006-52 vs. JOSEPH FERIO FRANCOIS, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing bet'. - +.-:' i> • o 26,2006,and the Board,having heard testimony under oath,received evidence, ^. • •• *rate matters,thereupon issues its Findings of Fact,Conclusions of Law, . ? of the Board,as o s , tsl8 •F 1. That Joseph Ferio Franco s is -• r u,. 2. That the Code Enforcem;nt B.• a h: a • • fi e pe if ,= R=spondent and that the Respondent,having been duly no a•. into a Stipulation. 3. That the Respondent was n. of the date of hearing to ifi °wand by posting. 4. That the real property located 1 s .stop Avenue,Immo • , a rida,Folio Number 25580320007 more particularly described as Lots 11 an, :'!c a ' > a . V. 4 IVISION,according to the plat thereof, as recorded in Plat Book 2,page 40,of the P . l4s 9J.', 'ounty,Florida,is in violation of Collier County Ordinance No.2004-58,the Housing Code, , n the following particulars: A structure that has been severely damaged by fire,and now has been designated as a"hazardous building"by the Fire Inspector. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.05-55,and to the Stipulation,it is hereby ORDERED: That the violations of Collier County Ordinance No.2004-58,the Housing Code,section 11,be corrected in the following manner. 1. By obtaining a Collier County Building Permit,all required inspections,Certificate of Occupancy, and restoring the structure to a safe and permitted condition within one year(October 26,2007). 2. That if the Respondent does not comply with paragraph 1 above within one year(October 26,2007), then there will be a fine of$250 per day for each day that the violation continues past that date. 3. *** OR: 4132 PG: 0988 *** 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$319.79. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 31 day of Dd ,2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: • ` zz Sherry Barnett,Chair 2800 North Horseshoe Drive .les,Florida 34104 STATE OF FLORIDA ) CO ux )SS: � COUNTY OF COLLIER) cJ\ , The foregoing instrument .s a ,. =• • . • e me •is3 day f k.h ,R'✓ 2006 Sherry Barnett,Chair of a C• e of en :oard of oilier •un Florida,who is personally known to me o 's Li ense as identification. L.M�u 1 '1 Dora • �QQ23� !a .- __�.:_ lt* ' 18,2 t NOTARY PUBLI'FR Commission ices:Au g18.211 `� Exp Bonded 7t+Co..► (,,.'j My commission a • .Ea° Atlantic Bonding ( I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent ky U.S.Mail to .S. Mail to Joseph Ferio Francois., 136 Napa Ridge Way, Naples,Florida 34114 this'...'% y of c , 2006. Attie o1 F LORIUA :ounty of COLLIER I HEREBY CERTIFY THAT this is etrue and 4 correct copy of a document on file M.J �• .wson,Esq. Board Minutes and RocOr&S of Collier County Flori•: Bar No.750311 W T B my h x� Gr jLi { this Attorney for the Code Enforcement Board day of tvtw•""'c- 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 DW$G -• BR! '`ate .QF COURTS (239)263-8206 ‘.l,�Ioj • '� D.C. j Ida •- ; • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2006-52 Joseph Ferio Fancois DEPT NO. 2006010965 Respondent(s), STIPULATION/AGREEMENT —Toy cp1 Fcp-rt, Fere.41 o `t COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collie-Ft oUilly as to the resolution of Notices of Violation in reference (case) number 2006010965 dated the 12thday of December, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 26th 2006; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 11 of Ordinance 2004-58 and are described as a haz and dangerous building. ardous THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$319.79 incurred in the prosecution 2) Abate all violations by: of this case. Obtaining a Collier County Building Permit, all required inspections, Certificate this structure to a safe and $250 a day will be imposed for each day the violation t'remains. ficate Of Occupancy, and �s of this hearing, or a fine of ! Y co er• Or, by obtaining a Collie unty r-molition Permit, all required inspections, Certificate Of Completion, and removing the str ,. within 3 months removing mo ng the e and all related debris to an area intended for final disposal remains. , or a fine . �0� day will be imposed for each day the violation 3) Respondent must notify Code Enforcement that the vi olation has been abated to come out and ated and request perform a site inspection. q the r Michelle Arnold, Director /01 .2 y Code Enforcement Department Date / REV 2/23/06 l �� /tJ d Date COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006-52 DEPT CASE NO. 2006010965 ••• COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Joseph Ferio Francois, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on October 26th, 2006, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4132 PG 0987,et. seq. 2. That a re-inspection was performed on October 27th, 2007. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated October 30th,2007. COLLIER COUNTY,FLORIDA a DE ENFORCEMENT BOARD 1/G /Je Letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or ffi armed)and subscribed before me this October 30th,2007 by Jeff Letourneau. 9401:4-4,- 24 �.� (Signature of Notary Public) (Print/Type/Stamp Commissioned ,2o 4Y P`kG Indira Rajah Commission#DD273349 Name of Notary Public) = Expires:Dec 07,2007 9' •.• Bonded ThIU ;'OF FV`,` Atlantic Bonding Co.,Inc. Personally known ' REV 3-14-05 Ca un� 1i� h�c E6 200 - 62 y - `w { Q1 Immokalee Fire Control District `s � 502 E.New Market Rd., Immokalee,FL. 34142 FLA February 28,2006 RE: Unsafe Structure Jeff Letourneau Property Maintenance Specialist Collier County Code Enfocement 2800 N. Horseshoe Dr. Naples,Fl. 34104 Dear Jeff Letourneau, On May 24t 2003,the building located at 125 Boston Av. was severely damaged by fire. This structure is unsafe due to the extent of fire damage. The Florida Fire Prevention Code NFPA 1, 10.2.3 states; The owner, operator or occupant of a building deemed unsafe by the AHJ shall abate through corrective action approved by the AHJ, the condition causing the building to be unsafe either by repair, rehabilitation, demolition, or other corrective action approved by the AHJ. If you should need additional information,feel free to call me at(239) 707-4829 Sincerely, , rs------------' Leo F.Rodgers Fire Marshal cc: Ray Alvarez,Fire Chief General Office 239-657-2111 Fire Prevention 239-657-2700 Fax 239-657-9489 239-263-u'+ re Z Oct 25 2006 5: 03PM baf , pe, 11O A*4111 Blair A. Foley, P.E. Civil Engineer/ Development Consultant October 25, 2006 Dr. J. Feria Francois 5571 Golden Gate Parkway Naples, FL 34109 Via Fax: 352.6277 Re: Status of First Stop Grocery SDP Design 125 Boston Avenue, Immokalee, Florida Dear Dr. Francois: This correspondence will serve as a status update on the above referenced project. We met in late April 2006 to discuss site civil engineering design and permitting services for the First Stop Grocery. We agreed on a verbal commitment to be your Engineer of Record and initiated work shortly thereafter. The first 2 components of our SDP work was to prepare/submit and obtain an Addressing Checklist and schedule and attend a Collier County pre-application meeting. This work was completed and the meeting was held May 10,2006. We compiled detailed information from you, your representative, County Staff, and the project team to work on a vision for the successful phased permitting of your project. Several non-conforming items made this a lengthy process. Upon review of all existing conditions including drainage, existing LDC issues, and the overall project challenges, we developed a concept plan, which meets the minimum LDC requirements. Over the next few months were in contact with your existing building contractor, architect and surveyor to gather information on the existing facility. Additionally, we interviewed several Naples architects and landscape architects to solicit their interest in providing services for Phase 1 and 2 of the SDP, Blair A. Foley, P.E., LLC • 120 Edgemere Way South • Naples, Florida 34105 239.263.1222 • Fax 239.263.0472 • Cellular 239.289.4900 • email: fols000@aol.com ji ' Oct 25 2006 5 : 03PM baf , pe, 11c 239-263-0472 3. Dr. Francois October 25, 2006 Page 2 Currently, we have initiated the SDP design, and have engaged a local architect and landscape architect to provide design services for the required County SDP submittal. The preliminary site development design associated with this existing facility has been a challenge. The design of this SDP has taken more m originally anticipated. We are committed to complete this ` o�mq y and efficiently as possible. e An approximate estimate of submitting the SDP to Collier County leframis 3 to 60 days. Bend advised that Thanksgiving and Christmas fall within that is an estimate. Please call me at your convenience to set up a meeting with the project team. We have several design issues that require your immediate attention. Thank you. Sincerely, n Blair A. Foley,PE President 2 �1• Innovation Construction & Development LLC 136 NAPA Ridge Way Naples, Florida 34119 March 9, 2006 Collier County Code Enforcement Dept. 2800 North Horseshoe Drive Naples, Florida 34104 Re: Boarding Permit for 125 Boston Avenue, Immokalee Folio #25580320007 Permit #2005061938—Fire Damage Repair Dear Ms. Arnold: As per Code Enforcement request here is the timeline for the above structural permit and SIP submittal. TIMELINE FOR SIP SUBMITTAL 1. Correction#4 will be submitted to the Commercial Plan Review Department by 3/17/06 2. Blair Foley, PE will schedule a Pre-App meeting with the Planning Department by 3/31/06 3. SIP will be submitted by 4/28/06 4. Planning Department may take 4 to 6 months to approve SIP If you have any further questions regarding the dates, please do not hesitate to contact me at (239) 821-2174. Sincerely, • F. Francois SDP submittal Items — Completed (8/24/07) 1. Boundary/Topographic survey in FL NAD 83 Coordinates. 2. County Approved Addressing Checklist. 3. Agent Authorization. 4. Affidavit of Property. 5. Aerial Photograph Exhibit. 6. Recorded Deed. 7. COA Application 50% complete. 8. SDP Application 50% complete. 9. SDP Plans 60% complete. 10.Engineer's Report 50% complete. 11.Engineer's Cost Estimate 25% complete. 12.Engineering Checklist 60% complete. 13.Utility Checklist 60% complete. 14.Transportation Checklist 60% complete. - Liea. Required SDP submittal Items — By OWNER (8/24/07) 1. Please have your architect provide me with the exact SF of the air conditioned space of the building in order to compute the SDP County Review Fees, and provide accurate data on the SDP, Engineering Report, COA, and Flow Estimates. 2. 8 signed and sealed, full size (24" x 36"), full sets of SDP level architectural plans for the building per Collier County LDC. These documents shall show a detail of the 12' x 24' inside dimension- required trash enclosure, and the 200 SF shaded area w/benches, in accordance with the LDC. Be advised these documents shall show floor plans (to scale), each building elevation (to scale), and color chips and roof material samples. 3. 1 color rendering, full size, of the building. 4. 8 signed and sealed sets of full size lighting plans with all fixture cut sheets placed on the 24" x 36" sheets. If no pole lights are proposed, the plans shall state this, and provide building wall pack details and cut sheets. 5. A County Review Check will be required by you for submittal. The amount to be determined. -?7, SDP submittal Items — Not Completed (8/24/07) 1. Fire Flow Test. 2. Landscape and Irrigation Design Documents. These will be provided by my sub-consultant after the SDP final plan is completed. Fees required for this service are additional to the executed contract and will be $3,500. 3. 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N.,..,-, • 1.--- l:gllillbl !;*f'--':':'.--. .• - .-,- _ ,•• . ---7---,-f,':,--, , ---.',...--;-_,-..-,-„,-,,,,::::::::?,--,----.•::::IT::„:,,,r,."-.'.,-: -_-...::-.!.,•„'•.-•-.10,i: '. -, .•'•-•-"' H-..--:--j.i:'-'1. .-•-:,,-, - -,..,,, - . - ',,,-,,„ :!.,,,-:"-"'-''''''.- .. ,.-.---, -r"111111111 ,: ,,, :,--,:: --,_;-„4•; - -„, f--!-''' '-',-''-."-'fii:!*. ,f.,i'fS''...!").'':''.„'".-°,•i' -..-",--, "--- ' ..-", 'I"; ..' •----2'-'-'''.';',"-:;•,'fif,"'•-''''''-•-4- ' Oct 25 2008 5 : 03PM baf , pe, 11c 239-263-u4 y rQe Sp /r I 261°6- ES-2 Blair A. Foley, P.E. Civil Engineer/ Development Consultant October 25, 2006 Dr. J. Ferio Francois 5571 Go lden Gate Parkway Naples, FL 34109 Via Fax: 352.6277 Re: Status of First Stop Grocery SDP Design 125 Boston Avenue, Immokalee, Florida Dear Dr. Francois: This correspondence will serve as a status update on the above referenced project. We met in late April 2006 to discuss site civil engineering design and permitting services for the First Stop Grocery. We agreed on a verbal commitment to be your Engineer of Record and initiated work shortly thereafter. The first 2 components of our SDP work was to prepare/submit and obtain an Addressing Checklist and schedule and attend a Collier County pre-application meeting. This work was completed and the meeting was held May 10, 2006. We compiled detailed information from you, your representative, County Staff, and the project team to work on a vision for the successful phased permitting of your project. Several non-conforming items made this a lengthy process. Upon review of all existing conditions including drainage, existing LDC issues, and the overall project challenges, we developed a concept plan, which meets the minimum LDC requirements. Over the next few months were in contact with your existing building contractor, architect and surveyor to gather information on the existing facility. Additionally, we interviewed several Naples architects and landscape architects to solicit their interest in providing services for Phase 1 and 2 of the SDP. Blair A. Foley, P.E., LLC • 120 Edgemere Way South • Naples, Florida 34105 239.263.1222 • Fax 239.263.0472 • Cellular 239.289.4900 • email: fols000@aol.com Oct 25 2006 5: 03PM baf , pe, t 1c 238-263-0472 Dr. Francois October 25, 2006 Page 2 Currently, we have initiated the SDP design, and have engaged a local architect and landscape architect to provide design services for the required County SDP submittal. The preliminary site development design associated with this existing facility has been a eliallenge. The design of this SDP ha taken more t anticipated. We are committed to complete t ` �� q u cklyand efficiently as pos y sible An approximate estimate of submitting the SDP to Collier iCounty is 3 plea edays. Be ence advised that Thanksgiving and Christmas fall within that is an estimate. Please call me at your convenience to set up a meeting with the project team. We have several design issues that require your immediate attention. Thank you. Sincerely, / Th • Blair A. Foley,PE President -per 3. Innovation Construction & Development LLC 136 NAPA Ridge Way Naples, Florida 34119 March 9, 2006 Collier County Code Enforcement Dept. 2800 North Horseshoe Drive Naples, Florida 34104 Re: Boarding Permit for 125 Boston Avenue, Immokalee Folio #25580320007 Permit#2005061938—Fire Damage Repair Dear Ms. Arnold: As per Code Enforcement request here is the timeline for the above structural permit and SIP submittal. TIMELINE FOR SIP SUBMITTAL 1. Correction#4 will be submitted to the Commercial Plan Review Department by 3/17/06 2. Blair Foley, PE will schedule a Pre-App meeting with the Planning Department by 3/31/06 3. SIP will be submitted by 4/28/06 4. Planning Department may take 4 to 6 months to approve SIP If you have any further questions regarding the dates, please do not hesitate to contact me at(239) 821-2174. Sincerely, flph F. Francois -P . SDP submittal Items — Completed (8/24/07) 1. Boundary/Topographic survey in FL NAD 83 Coordinates. 2. County Approved Addressing Checklist. 3. Agent Authorization. 4. Affidavit of Property. 5. Aerial Photograph Exhibit. 6. Recorded Deed. 7. COA Application 50% complete. 8. SDP Application 50% complete. 9. SDP Plans 60% complete. 10.Engineer's Report 50% complete. 11.Engineer's Cost Estimate 25% complete. 12.Engineering Checklist 60% complete. 13.Utility Checklist 60% complete. 14.Transportation Checklist 60% complete. -Per s. Required SDP submittal Items — By OWNER (8/24/07) 1. Please have your architect provide me with the exact SF of the air conditioned space of the building in order to compute the SDP County Review Fees, and provide accurate data on the SDP, Engineering Report, COA, and Flow Estimates. 2. 8 signed and sealed, full size (24" x 36"), full sets of SDP level architectural plans for the building per Collier County LDC. These documents shall show a detail of the 12' x 24' inside dimension- required trash enclosure, and the 200 SF shaded area w/benches, in accordance with the LDC. Be advised these documents shall show floor plans (to scale), each building elevation (to scale), and color chips and roof material samples. 3. 1 color rendering, full size, of the building. 4. 8 signed and sealed sets of full size lighting plans with all fixture cut sheets placed on the 24" x 36" sheets. If no pole lights are proposed, the plans shall state this, and provide building wall pack details and cut sheets. 5. A County Review Check will be required by you for submittal. The amount to be determined. 707_, SDP submittal Items — Not Completed (8/24/07) 1. Fire Flow Test. 2. Landscape and Irrigation Design Documents. These will be provided by my sub-consultant after the SDP final plan is completed. Fees required for this service are additional to the executed contract and will be $3,500. 3. County Pre-application meeting. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Alfredo and Miradis Miralles CEB No. 2007-79 DEPT No. 2007040176 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Stipulation(s) 5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-79 Dept. Case No. 2007040176 Plaintiff, vs. ALFREDO AND MIRADIS MIRALLES, Respondent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 105 1st Street SERVED: Alfredo and Miradis Miralles, Respondent Inv. Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-79 DEPT CASE NO. 2007040176 Board of County Commissioners vs. Alfredo and Miradas Miralles Respondent(s) Violation(s): Violation of Ordinance(s): 04-41, The Land Development Code, sections, 1 0.02.06[B][2][a], 1 0.02.06[B][2][d][ix], 5.06.06[HH], 2004-58, The Property Maintenance Code, section, 16[1][n][3], Ordinance 81-42. The Occupational License, section, 1. Location: 105 1St Street, Immokalee, Fl 34142. Folio#25580400008 Description: Erection of signs without County permits, a sign structure in a poor state of repair and tenants conduction business without occupational licenses. Past Order(s): On August 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached n Order of the Board, OR 4276 PG 3201, for more information. The Respondent has complied with the CEB Orders as of October 29, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 5,535.67 See below. Order Item#2; Order Item#5 Fines at a rate of$100.00 per day for the period between September 7, 2007-October 29, 2007 (52 days) for the total of$ 5,200.00. Order Item#7 Operational Costs of $ 335.67,have not been paid. 2 . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-79 vs. ALFREDO AND MIRADIS MIRALLES, CO N Respondents o en FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD �--e THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board, having heard H testimony under oath,received evidence, and heard respective to all appropriate, eard res p matters,thereupon issues its c Findings of Fact, Conclusions of Law, and Order of the Board, as follows: =•— A4, H V a FINDINGS OF FACT 1. That Alfredo and Miradis MiraIles are the owners of the subject property. c o 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the C3 a A Respondent,having been duly notified, did not appear at the public hearing. c+-) ~ 3. That the Respondents were notified of the date of hearing by regular mail and by posting. 4. That the real property located at 105 1st Street, Immokalee,Florida 34142,Folio 25580400008 more 1 particularly described as Lots 14 and 15,Block 1,Carson's Subdivision,according to the map or plat thereof o � ti recorded in Plat Book 2,at Page 40,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,Sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)in the following particulars: Erection of signs without Collier County Building Permits; a sign structure in a poor state of repair and tenants conducting business without Collier County Occupational License. a ORDER OF THE BOARD !. E a 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: U Mt ° That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,, Sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix) be corrected in the following manner: +•S pp E cu P-4 1. By obtaining permits for the sign structure or by removing the sign within.14 days(September 6, 2007). 2. By painting the facade in a workman-like fashion as to remove any shadowing created by the removal of the sign within 14 days(September 6,2007). 3. By monitoring and ensuring that any future tenants have proper occupation licenses. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 6, 2007,then there will be a fine of$150 per day for each day for each day the violation remains. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 6, 2007,then there will be a fine of$100 per day for each day the violation remains. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. -4 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$335.67within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of cN-3 the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate c,--) review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this al day of ,2007 at Collier County, Florida. r—" CODE ENFORCEMENT BOARD C'-.3 —a'" COLLIER COUNTY,FLORIDA _ BY: ,.....11,44.-. /60....ar Sheri Barnett,Chair 2800 North Horseshoe Drive 4c -c Naples,Florida 34104 !—� STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1 da of • Y , 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,_..._ is personally known to me or o/ who has produced a Florida Driver's License as identt i . 'on. . . . CHRISTINA L URBANOWSI4 �j` 1 �� i = MY COMMISSION#DD 241717 NOTARY PUBLIC, 4: ,0. EXPIRES:November 22,2007 !' Bonded ThruNotary Public UMrilers 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 Alfredo and Miradis Miralles, 1703 Immokalee Drive,Immokalee,FL 34112 this 284'L day of t)g•1- ,2007. State of FLORIDA ity of COLLigt /7? M.Jean wson,Esq. 3 HEREBY CERTIFY THAT this it a tot and Florida Bar No. 750311 correct copy at a opotmeilt etf,ffIts Pt Attorney for the Code Enforcement Board Board Mrnute;' Y •P; ct? '.tlf CbItie'r pbtif14 400 Fifth Avenue S., Ste.300 e.W S5 m ,;.'.'` i U this Naples,Florida 34102 days:1 y�. - "'1,..seal 263-8206 4 ART#T E. R lf;CL UF€1 1 .._ . 11I W.* bU/-\rcU Ur UUUN I Y UUMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-86 DEPT NO. 2007070656 GE Management, Respondent(s), E STIP LATION/AGREEMENT COWS., `N the and rsigned, . Li , ' A ', ill '-,V 4�l; / , on behalf of himself or ANYSKAWO CT 4-- a repre entative'for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006090156, dated the 23rd day of August, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23'1 , 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 5.06.06[G], 5.06.06[L] and 5.06.06[N] and are described as Violation of Ordinance 04-41, The Land Development Code. Specifically, Snipe signs/ portable signs placed in the ROW in Unincorporated Collier County • • THEREFORE, it is agreed between the parties that the Respondent shall; coat 1J3 t<'f 1. Imposing a civil penalty of$25.00 t for a repeat violation is to apply. i ` n Ss0 2. Cease placement and remove said signs within 7 days of the date of this hearing or a fine of $1000.00 per day will be imposed until said signs are removed. Any future placement of said signs shall result in a fine of$1000.00 per day until said signs are removed. 3. Respondent must notify Code Enforcement Investigator, that the violation has been abated and request the Iii estigator to come out and perform a site inspection. Cease displaying any sign .t does fit have a proper permit. //, .)// • ,ifA . pondent ;' Mice - Arnold, Director J Code Enforcement Department REV 2/23/06 5, COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-79 DEPT CASE NO. 2007040176 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ALFREDO AND MIRADIS MIRALLES,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared August 23rd, 2007, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on August 23rd, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4276 PG 3201,et. seq. 2. That a re-inspection was performed on October 29th,2007 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. A. Order#1 of the board is complete.The respondent did remove the structure by September 6th,2007. B. Order#2 of the board is complete. The respondent painted the facade to cover shadowing created by the removal of signs. FURTHER AFFIANT SAYETH NOT. Dated 2nd of November,2007. COLLIER CO TY,FLORIDA CODE E ORC MENT BOARD '!• 3'ow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 2nd of November,2007 by Kitchell T. Snow la.a+i oL 1!. QAW-- (Signature of N.tary Public) NOTARY PUBLIC-STATE OF FLORIDA Shirley M. Garcia =.6,, #DD501305 Expires: DEC.21,2009 (Print/Type/Stamp Commissioned BONDED TERU ATLANTIC BONDING CO„ INC '^ Name of Notary Public) Personally known I REV 3-14-05 Memorandum • • „, To: Code Enforcement Board From: Michelle Arnold, Director Date: November 29, 2007 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. As a result, I am requesting authorization to forward these cases to the County Attorney for foreclosure or collection by a Collection Agency. HERRING COMPLY BY OPERATIONAL `TOTAL$ STATUS RESPONDENT CEB# DATE DATE TOTAL FINE COST DUE N=Non/C=Comp LAST RECHECK; EJ Properties, LLC Leonardo D.Starke, ESQ., Reg.Agent 2005-09 3/30/2005 4/13/2005 0.00 $306.29 $306.29 C 4/13/2005 Patrice E.Savignano 2005-28 _ 7/28/2005 12/26/2005 172,950.00 $965.00 $173,915.00 N