The URL can be used to link to this page

Backup 02/28/2008Code Enforcement Board Backup February 28, 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: February 28, 2008, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Naples, F134112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL A. Election of Officers 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — January 24, 2008 4. PUBLIC HEARINGS A. MOTIONS Motion for Rehearing 1. BCC vs. Stanley Fogg Jr. and Theresa M. Fogg 2. BCC vs. James Bachmann B. STIPULATIONS C. HEARINGS 1. BCC vs. Raul and Gloria Gutierrez 2. BCC vs. Sergio Valencia 3. BCC vs. Mahir Trading, Corporation 4. BCC vs. Patriot Square, LLC 5. BCC vs. Jose Pineda 6. BCC vs. Vanderbilt-Devco, LLC 7. BCC vs. Mc Ivey, LLC 8. BCC vs. Stewart W. Connard TR. CEB 2007-115. CEB 2006090001 CASE NO.2007100458 CASE NO.2006090115 CASE NO.2007020481 CASE NO.2007060341 CASE NO.2006070815 CASE NO.2006070496 CASE NO.2007011043 CASE NO.2007080964 5. OLD BUSINESS A. Request for Reduction of Fines/Liens 1. BCC vs. Mercedes F. Llosa CEB 2007-75 B. Request for Imposition of Fines/Liens 1. BCC vs. Domenic P. Tosto, a/k/a Domenic Tosto Trustee, and Joanne M. Tosto, Trustee of the Family Living Trust CEB 2007-32 2. BCC vs. Albert Houston CEB 2007-63 3. BCC vs. Albert Houston CEB 2007-64 4. BCC vs. Rodney M. and Kathleen M. Case CEB 2007-69 5. BCC vs. Sanctuary of Blue Heron Association CEB 2007-73 6. BCC vs. Mercedes F. Llosa CEB 2007-75 7. BCC vs. Victor Figueroa CEB 2007-77 8. BCC vs. Eduardo and Maria Rodriguez CEB 2007-80 9. BCC vs. Auto Village of Naples CEB 2007-101 10. BCC vs. Naples South Realty Associates, LLC CEB 2007-118 C. Request for Code Enforcement Board Recommendation 1. BCC vs. Robert Lockhart CEB 2004-26 6. NEW BUSINESS Rules and Regulations 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE-- March 27, 2008 10. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintiff, VS. CASE NO.: CEB 2007-115 DEPT. CASE NO.: 2007040776 STANLEY FOGG, JR. and THERESA FOGG, Respondents. REQUEST FOR REHEARING COME NOW, Respondents, STANLEY FOGG, JR. and THERESA FOGG, by and through their undersigned counsel, and file this Request for Rehearing, stating that the Hearing violated Respondents' right to due process and the Board's Order was contrary to the evidence. In support thereof Respondents would state as follows: Respondents appeared before the Collier County Code Enforcement Board on November 29, 2007. 2. The Board was required as an initial matter to decide precisely what the Board could and could not consider with respect to the violation at issue, thereby prejudicing Respondents' opportunity to prepare an appropriate response to the violation for presentation to the Board. 3. A reasoned consideration of Respondents' arguments opposing the finding of a violation was further prejudiced because the Board did not have the actual language of Ordinance 04-41, Section 2.02.03, which was at issue, but had been provided with the arbitrary and casual interpretation of the ordinance language used by Ross Gochenaur, Planning Manager for the Department of Zoning and Land Development Review, in drafting the Zoning Verification Letter that supported the violation. 4. To help clarify the distinctions between the language of the Zoning Letter and the actual language of the Ordinance during the Hearing, the Board was forced to share a single copy of the Ordinance that was provided by the Respondents. 5. After an initial tie vote by the Board on whether a violation existed, the Board voted in favor of finding a violation by the Respondents based on the Zoning Verification Letter. 6. On December 5, 2007, the Board issued Findings of Fact, Conclusions of Law and an Order of the Board, which was received by the Respondents and their counsel on December 6, 2007. 7. Pursuant to Article IX(q), this Request for Rehearing is timely filed. I. PROCEDURAL DUE PROCESS VIOLATION EXISTED Article VII, Section 4 of the Rules and Regulations of the Collier County Code Enforcement Board, requires that the Investigator's charging packet shall be delivered to the alleged violator with the Notice of Hearing. Respondents' charging packet, including photographs of the Respondents' business used by Code Enforcement to support the argument that a violation existed, was delivered to the Respondent on the day of the Hearing, just before the Call to Order. Respondents did not have the opportunity to prepare an appropriate response based on the contents of the charging packet and photographs. This was particularly prejudicial to the Respondent as the Inspector's photographs were referred to by some Board members during the discussion as to whether a violation existed, and may have influenced their decision. WHEREFORE, Respondents, STANLEY FOGG; JR. and THERESA FOGG, respectfully request that the Code Enforcement Board find that Respondents' procedural due process rights were violated and grant Respondents' Request for Rehearing. II. DECISION WAS NOT SUPPORTED BY COMPETENT SUBSTANTIAL EVIDENCEAND WAS CONTRARY TO THE EVIDENCE PRESENTED The Florida Supreme Court has defined competent substantial evidence as that evidence sufficiently relevant and material that a reasonable mind would accept it as adequate support for the conclusion reached. DeGroot v. Sheffield, 95 So. 2d 912, 916 (Fla. 1957). The only evidence presented to the Board to support the violation was the opinion of Ross Gochenaur, Planning Manager for the Department of Zoning and Land Development Review, in his Zoning Verification Letter, which concluded that because some sheds, as a category, can be intended for more general uses, sheds are not an accessory to growing and maintaining plants, and their sale by Respondents violated Collier County Ordinance. Respondents specifically asked Code Enforcement for any precedent where it was determined that sheds were not considered an accessory to growing and maintaining plants, which was the Ordinance language at issue, but none was produced or referenced to support the conclusion An opinion does not constitute the kind of substantial and competent evidence that a reasonable mind would accept as adequate support for the conclusion reached, as it is simply not evidence. The mere issuance of an opinion letter is not sufficient evidence when it does not contain valid relevant evidence. Apart from the arbitrariness of the Verification Letter's opinion that because some sheds can be used for other purposes, sheds are not an accessory to growing and maintaining plants, the verification letter referred to the Standard Industrial Classification Code, citing specific SIC codes to support the Department's opinion that a violation existed. At the Hearing, Investigations admitted that the Standard Industrial Classification Code was not incorporated by reference into the Collier County Land Development Code, and therefore any reference to the SIC Code was not material to the issue before the Board and did not constitute valid evidence.' The law is well settled that a reviewing court, or a Board, will defer to an Agency's interpretation of an ordinance when such interpretation is supported by substantial competent evidence. Williams v. Department of Management Services, Division of Retirement, 678 So. 2d 1282 (Fla. 1996). However, such deference is not absolute and where, as here, there is an unreasonable interpretation, or the interpretation is clearly erroneous, it cannot stand. Rinker Materials Corp. V. City of North Miami, 286 So. 2d 552 (Fla. 1973) The only evidence before the Board that Respondents had violated a Collier County Ordinance, was the Zoning Verification Letter which contained the conclusory finding that because some sheds are intended for much more general use, sheds cannot be considered an accessory to growing and maintaining plants. This conclusion was supported by no evidence, much less competent evidence, except an improper reference to an industrial code that was never intended for such use and is irrelevant and inapplicable to the Collier County Land Development Code. The Board was also required to consider the Respondents' violation without benefit of the actual ordinance language before each member, therefore the decision that a violation existed was based on the arbitrary and casual paraphrasing of the ordinance language in the verification letter. ' In fact, the Standard Industrial Classification Code (SIC) is used as a statistical mechanism for tracking employment numbers in specific industrial categories and has no relevance to any uses within those categories. Primary users of the SIC codes are immigration attorneys and the Department of Labor Statistics. However, as a point of interest, both SIC numbers referenced in the Verification letter are contained in the broader SIC category, "Building Materials, Hardware, Garden Supplies, and Mobile Home Dealers." The SIC code was never intended to be applied as it was by the Planning Department. A single copy of the actual ordinance language was provided by the Respondents, but Respondents cannot be certain that all Board members had the time to absorb the differences in the language as written in the actual Ordinance and the language as applied in the Zoning Letter. It is vital when considering whether to uphold or reject a particular Zoning Classification Letter to be able to consider whether the Planning Department properly applied the language of the Ordinance to the facts of case. WHEREFORE, Respondents, STANLEY FOGG, JR. and THERESA FOGG, respectfully request that the Code Enforcement Board find that the decision of the Board that a violation existed was not supported by competent substantial evidence and grant Respondents' Request for Rehearing. Respectfully submitted on behalf of Respondents STANLEY FOG , R. and THERESA FOGG by: CqUffEN J. Mac ISTER lorida Bar No: 0804711 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5147 Castello Drive Naples, Florida 34103 Phone: (239) 262-3760 FAX: (239) 790-5779 Attorney for Respondents CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Hand Delivery to: Bendisa Marku, Secretary, Collier County Code Enforcement Board, 2800 North Horseshoe Drive Naples, Florida 34104, on this 144�ay of December, 2007. By: COLL J. ER Florid ar No: 0804711 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. STANLEY FOGG, JR. AND THERESA M. FOGG, Respondents ORD---ER ON MOTION FOR RE -HEARING CEB NO. 2007-115 THIS CAUSE came on for public hearing before the Board on February 28, 2008, on the Respondents' Motion for Rehearing. The Respondents appeared in person and by counsel, Arguments were heard. The Board now makes the following Findings of Fact: The Order of the CEB was not supported by competent substantial evidence and/or was contrary to the evidence presented because: A. The evidence presented at the hearing required that the CEB interpret the Land Development Code. B. The Respondent did not have the opportunity to present sufficient evidence. C. The Standard Industrial Classification Code is not referenced in the Land Development Code. D. The CEB had a split decision at the hearing. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: The Motion for Re -Hearing is GRANTED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be lm teed to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this �_ day of- pych , 2008 at Collier County, :ounty of COLLIER 1 H-EREBY CERTIFY THAT this is a true anC ArrBCt Corey of a aOc! Mont on., file to Board Minutes and l ;ror :, of `Cciilef, COunb . `NEtl y fisd �uealthi$ MOM CLERK OF COURM . ,Y CODE ENFORCEMENT BOARD COLLhER COUNTY, FL bRIDA, 2800 North Ho�/eshoe Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: The foregoing instrument was acknowledged before me this day of j2d a Vck 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or �./ who has produced a Florida Driver's License as identification. EMTWE HOLTON MY COMMISSION # DD 6WS95 XuEyPukaBonedThrNobuPubic r NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Stanley Fogg, Jr. and Theresa M. Fogg, 6151 Everett Street, Naples, Florida 34112 and to Colleen McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 thisday of -01,0r-d) 2008. M. Jean R on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 ,/QG d :_V_�ivy CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. STANLEY FOGG, JR. AND THERESA M. FOGG, Respondents ORDER ON MOTION FOR RE -HEARING CEB NO. 2007-1 15 THIS CAUSE came on for public hearing before the Board on February 28, 2008, on the Respondents' Motion for Rehearing. The Respondents appeared in person and by counsel, Arguments were heard. The Board now makes the following Findings of Fact: The Order of the CEB was not supported by competent substantial evidence and/or was contrary to the evidence presented because: A. The evidence presented at the hearing required that the CEB interpret the Land Development Code. B. The Respondent did not have the opportunity to present sufficient evidence. C. The Standard Industrial Classification Code is not referenced in the Land Development Code. D. The CEB had a split decision at the hearing. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: The Motion for Re -Hearing is GRANTED. 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 Lh of ' day Florida.e�i , 2008 at Collier County, ;Ounq of COLLIER 1 HEREBY CERTIFY THAT this ,s a true ane ;orrect copy of a c or-u 0,11 can. file In Board Minutes any i Rs :oroj Of `COi0er; C0un4 WrNESS my hgnj ;, '� w�.c� ''I seafthis day at _� BROCK CLEI-iX OF CC CODE ENFORCEMENT BOARD COLLW_R COUNTY. FLb)RInA L Gerald LeFebvre, (chair 2800 North Howshoe I Naples, Florida 34104 W2 I CC i% _ t. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of VIC-1 l 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or I./ who has produced a Florida Driver's License as identification. "b KRISTINE HOLTON _ MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 of Bonded Thru Notary Public Underwriters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Stanley Fogg, Jr. and Theresa M. Fogg, 6151 Everett Street, Naples, Florida 34112 and to Colleen McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 this day of 2008. M. Jean R son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner ) vs. ) Case No. 2006090001 BACHMANN, ) Respondent ) MOTION FOR REHEARING Petitioner, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, by and through the undersigned attorney, respectfully files this Motion for Rehearing, stating as follows: PRELIMINARY INFORMATION 1. On Thursday, January 24, 2008, a hearing was held before the Code Enforcement Board ("CEB"), wherein Respondent was charged with violating Sections 1.04.01 and 2.02.03 of the Land Development Code ("LDC"). 2. As a result of the January 24 hearing, the CEB issued its FINDINGS OF FACT, CONSLUSIONS OF LAW AND ORDER OF THE BOARD ("Order"), wherein the CEB determined that the violations "do not exist." 3. The Order was signed on January 30, 2008, and recorded in the Official Records of Collier County at O.R. Book 4325, Page 3003. A copy of the Order is attached hereto as Exhibit "A". 4. Section 1.04.01 of the LDC provides, in relevant part, that: No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected ... except in conformity with the regulations set forth ... for the zoning district in which it is located. Section 2.03.03 of the LDC provides that: 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. 6. It is not in dispute that the property in question is located in Agriculture zoning district. 7. It is not in dispute that above -ground swimming pools are not listed in the LDC as a permitted use, conditional use, or accessory use in Agriculture zoned land. 8. Notwithstanding the fact that above -ground swimming pools are not listed as permitted uses, conditional uses, or accessory uses in Agriculture zoned land, Respondents primary defenses were twofold: i. Notice of Violation does not state sections: According to Respondents, "There is no clear section cited on" the notice of violation. (See Minutes of the Code Enforcement Board, January 24, 2008 ("Minutes"), p. 122, mid -page, attached.) Also, "You have got to violate some sort of ... ordinance ... or rule." (See Minutes, p. 128, bottom two lines.) ii. Right to Farm Act: According to Respondent, he is exempt from County zoning ordinances due to the Right to Farm Act,' so the LDC does not apply to him (see Minutes, p. 132, lines 3-15, attached) I. THE DECISION OF THE CEB WAS CONTRARY TO THE EVIDENCE SECTION 1.04.01, LDC 1. Section 1.04.01 of the LDC provides that "no development shall be undertaken" except as authorized by the LDC, and that "no building, structure or part thereof shall be erected... except in conformity with the regulations set forth herein and for the zoning district in which it is located." (Emphasis added.) 2. The evidence in the record clearly reflects that Respondents admitted that they are required to obtain a permit for the above -ground pool (see Minutes, p. 129, lines 27-28), but have not gotten one (see Minutes 127, line 25). 3. The evidence clearly showed that Respondents built an above ground swimming pool on their Agriculture zoned land. 'See Florida Right to Farm Act, 823.14(6), Florida Statutes (2007). 4. There is no evidence in the record to even suggest that this (i.e., erecting a pool in Agriculture zoned land) is a permitted use, a conditional use, or an accessory use in the regulations set forth in the Agriculture zoning district. 5. The evidence irrefutably establishes that Respondent built an above -ground swimming pool, and there is absolutely no evidence in the record to suggest that such use is authorized by the applicable zoning regulations. 6. Because the record contains ample evidence to support a violation of Section 1.04.01 of the LDC, and there is absolutely no evidence to refute it (such as a reference to the LDC authorizing above -ground swimming pools as a permitted use, conditional use, or accessory use in this zoning district), the CEB's finding that violation of this Section does "not exist" is contrary to the evidence presented at the January 20 hearing. SECTION 2.02.03, LDC 7. As noted above, above -ground pools are not "specifically identified" in the LDC Agriculture zoning district as a permitted use, conditional use, or accessory use. 8. Respondent had the burden of refuting this fact, by pointing to provisions in the LDC "specifically identifying" above -ground pools as a permitted use, conditional use, or accessory use in this zoning district. 9. No evidence was presented to refute this fact, and Respondent failed to meet his burden of "specifically identifying" where, in the LDC, this is allowed. 10. Rather than presenting evidence "specifically identifying" above -ground swimming pools as an allowable use in Agriculture zoned land, Respondent attempted to shift the burden to the county to "show the board where specifically this use is not allowed in the LDC". (Emphasis added.) 11. Because the record contains ample evidence to support a violation of Section 2.02.03 of the LDC, and there is absolutely no evidence to refute it (such as a reference to the LDC "specifically identifying" above -ground swimming pools as a permitted use, conditional use, or accessory use in this zoning district), the CEB's finding that violation of this Section does "not exist" is contrary to the evidence presented at the January 24th hearing. H. THE DECISION OF THE CEB INVOLVED AN ERROR ON A RULING OF LAW, WHICH ERROR WAS FUNDAMENTAL TO THE CEB'S DECISION As noted above, the decision of the CEB that violations "do not exist" is clearly inconsistent with the evidence presented at the January 24th hearing. 2. In addition, the record clearly reflects that the CEB heard statements, argument, and considered evidence alleging that the state's Right to Farm Act "overrides the LDC" (see Minutes, p. 132, lines 4-5). 3. The CEB's jurisdiction does not extend to interpretations of state statute (see, e.g., Article IX, Code Enforcement Board Rules of Procedure," which provides that "The Board is without jurisdiction to hear any statement, argument, or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with ... Florida Statutes ... or court decisions."). 4. Because the CEB does not have jurisdiction to hear and interpret Right to Farm Act arguments, it was error for the CEB to hear and interpret these arguments (see, e.g., Minutes, p. 124, mid -page (arguing an interpretation of Miami -Dade County court decision); see also p. 132, lines 3-16 (arguing "Right to Farm Act overrides the LDC")). 5. This error was fundamental to the CEB's decision that violations "do not exist". WHEREFORE, because the CEB's decision was contrary to the evidence presented at the January 24 hearing, and because the decision involved an error on a ruling of law that was fundamental to the CEB's decision, Petitioner respectfully requests that the CEB reverse its January 30 Order, or schedule a rehearing of this matter, limited as appropriate in light of the arguments presented above. Respectfully submitted this 12`h day of February, 2008, By: JefJEI VAight Ass tant County Attorney Office of the Collier County Attorney 2800 N. Horseshoe Drive Naples, Florida 34104 239-213-2939 Bar no: 20203 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was sent via U.S. Mail, to: Peter Flood, Esq. c/o Respondent James Bachman 125 Airport Rd S. Naples, Florida 34104-3529 this 12th day of February, 2008. Reta: BENDISA NARID 4123369 OR: 4325 PG: 3003 COLLIER CODNTT CODI 111ORCENIN IICORDID is the OIIICIAL RECORDS of COLLIER CHM, IL RIC 111 18.50 2800 110111113101 DR CDR$ BLDG 01/31/2008 At 11:04AN DNIM I. BROCE, CLIRK NAPW$ n 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES BACHMANN, Respondent CEB NO. 2006090001 FINDINGS OF FACT CONCLUSIONS THIS CAUSE came on for public hearing e' K L �2008, and the Board, having heard testimony under oath, received evidence respective to al matters, thereupon issues its Findings of Fact, Conclusions of Law n der of the Board, as follo That James Bachmann is 2. That the Code Enforceme f$ aid juitc pe t ondent and that the Respondent, having been duly noti �� peared at the public h ng i per d by Attorney Peter Flood. 3. That the Respondent was no ' the date of hearing b i qc1 it and by personal service. 4. That the real property located at� e S � 34104, FOLIO 00304040009, more particularly described as The West /: of the / to North ''/z of the Northwest''/. less the West 35 feet thereof, dedicated for road purposes, y in Section 14, township 49, South, Range 27 East, Collier County, Florida is not in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.04.01and 2.02.03 in the following particulars: Unauthorized/prohibited above ground pool in Agricultural zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0441, it is hereby ORDERED: That the violations of Collier County Ordinance 0441, the Land Development Code, as amended, sections 1.04.01and 2.02.03 do not exist in this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. *** OR: 4325 No, 3004 *** DONE AND ORDERED this 30 day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples, Florida 34104 ) AS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of , 2009, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. MY OOA/�MSSION � DD 6116595 � ate, 20�1 I HEREBY CERTIFY Bachmann, 1180 Dove Tref Sir Naples, Fi 34104 this3U d suft Of FLORIDA Domm of COWER a I HEREBY CERTIFY TtI1Tthis is a true and correct epyof a eocurne,4on.file In Board `4 n° tes.and-0j,:nres g Collier Counb y T P11 5S y ' w*td :rici�f seal this Mat o- DWIGHT E: �ROK--q t(-%6F COURTS sent by U. S. Mail to James 125 N. Airport Rd., Ste. 202, ,T" M. J Ra s O Flon Bar No Rome a Enforcement Board Ste. 300 nda 34102 (239)263-8206 January 24, 2008 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida January 24, 2008 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Sheri Barnett Larry Dean (Excused) Kenneth Kelly Richard Kraenbring Lionel L'Esperance (Excused) George Ponte Charles Martin Jerry Morgan ALSO PRESENT: Jean Rawson, Attorney for the board Michelle Arnold, Code Enforcement Director EXHIBIT Bendisa Marku, Operations Coordinator Page 1 January 24, 2008 MR. KRAENBRING: I will make a motion that -- first off, we have amended the recommendation to show that it is the board and not the special master. That you include the operational costs of $320.05 to be paid within 30 days. And that we amend item one to reduce the fine to $100 per day. MR. LEFEBVRE: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Okay. Thank you. MR. PAUL: Thank you. MR. KELLY: Can I make a motion to change the order of the agenda? If we have anyone that is being represented by an attorney, to help them avoid attorney's fees, if we can move them up. Is that okay? CHAIRWOMAN BARNETT: I don't have a problem with that. I don't know. Do we have someone in the audience that has that case? MR. FLOOD: Right here. UNKNOWN PERSON: An engineer. CHAIRWOMAN BARNETT: And an engineer. Okay. The attorney's case is -- MR. FLOOD: James Bachmann. CHAIRWOMAN BARNETT: Bachmann, number 13. And the engineer's case? Page 114 January 24, 2008 MS. ARNOLD: It is imposition of fines. CHAIRWOMAN BARNETT: It is imposition of fines. That is going to have to wait then. I'm sorry. We have to hear these cases first. way. I will take you as the first imposition of fines. We'll do it that UNKNOWN PERSON: Thank you. CHAIRWOMAN BARNETT: The next case we'll hear is Board of Collier County Commissioners versus James Bachmann. MR. KELLY: Thank you, Sheri. CHAIRWOMAN BARNETT: Uh-huh. MS. MARKU: That is in reference to Department Case No. 2006090001. For the record, the respondent is present. The board and the respondent were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. MR. FLOOD: No objection. CHAIRWOMAN BARNETT: I entertain a motion to accept the County's -- MR. KELLY: Motion to accept the packet. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. MARKU: Violation of Ordinances 2004-41 of the Collier County Land Development Code, Section 1.04.01 and 2.02.03. Page 115 January 24, 2008 Description of violation: Unauthorized prohibited above -ground pool in agricultural zoned property. Location/address where violation exists: 1180 Dove Tree Street, Naples, Florida, 34104. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street, Naples, Florida, 34104. Date violation first observed: August 31 st, 2006. Date owner/person in charge given notice of violation: July 6th, 2006. Date on/by which violation to be corrected: July 20th, 2007. Date of reinspection: July 23rd, 2007. Results of reinspection: Above -ground pool not removed. At this time I would like to turn the case over to Code Enforcement Investigator Michelle Scavone. CHAIRWOMAN BARNETT: Can I have you swear in all parties? (Speakers were duly sworn.) MS. SCAVONE: For the record, Code Enforcement Investigator Michelle Scavone. This case is in reference to Case No. 2006090001. The violation of -- the location of where the violation exists is on agriculturally zoned property located at 1180 Dove Tree Street, Naples, Florida, 34117. This case was started on August 31 st, 2006 for possible violations on ag. zoned property in conjunction with a mobile home temporary use permit. August 31 st a site visit was made and an above -ground pool was observed on the agricultural zoned property and pictures were taken, which I would like to enter into evidence. MR. KELLY: Make a motion to accept the packet. MR. KRAENBRING: Second. Page 116 January 24, 2008 CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Has the respondent seen these pictures? MR. BACHMANN: Yes. Two of the pictures were from the Collier County tax appraiser's website. This is just the location of where the pool is in conjunction with the temporary use permit of the mobile home, which is right behind the home. Just a closer picture. And the pool itself. November 1 st a meeting was set up with the permitting department and Mr. Bachmann did apply for a pool permit January 30th. The permit number was 2007011761, which expired 7/21/07. And February 1 st the permit was received and rejected by Angel Tarpley stating that per LDC-A, this is not an accessory structure that can be placed on ag. zoning with a temporary mobile home on it. I would like to enter into exhibit -- just the copy of the paper which states the plan review showing the rejection. MR. KELLY: Is this part of the same package? CHAIRWOMAN BARNETT: No. MR. KELLY: Make a motion to accept this as B. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. Page 117 January 24, 2008 MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. SCAVONE: As you can see, it has her notes in there stating why it was rejected. At that time -- around that time there were continuous conversations with Mr. Bachmann explaining what was going on and what would possibly need to be done afterwards. I obtained a memo from Planning Manager Ross Gochenaur in reference to a temporary use permit in agriculturally zoned districts and accessory use. And that clearly states that pools are not permitted which, again, I would like to enter that into evidence, the letter that I had received from him. CHAIRWOMAN BARNETT: Do you have anything else besides that to go into evidence, and we'll enter them both at the same time? MS. SCAVONE: I have just a couple of e-mails and the last picture showing that the pool still remains. CHAIRWOMAN BARNETT: We are going to wrap up everything together, so we can just do one more, packet C. MR. KELLY: Make a motion to accept the packet. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. Page 118 January 24, 2008 MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. SCAVONE: Do you want a moment to read that or do you want me to -- CHAIRWOMAN BARNETT: Go ahead and outline it. MS. SCAVONE: Basically it is just explaining that they must provide evidence that a structure is directly related to a bona fide agricultural use on the property. The property is -- well, as of right now there is not a temporary use permit because that expired. Because of what is going on with this case, they would not renew his permit. But at the time the permit for the temporary use permit for the mobile home was okay. But anyway, he does have -- you know, he had a bona fide agricultural use permit for that land. And one of the -- it says that it's -- basically that section states that the use of a mobile home is approved temporarily, which means he has to keep renewing it every year, for which the home is an accessory use to that bona fide use for what he is using that land for, as a farm. A farm is defined as land, buildings, supports facilities, machineries and other improvements to the land for that use. So the farm operation is defined as marketing, you know, the product of whatever he is using it for. The home -- the mobile home, as a temporary use permit, is the accessory use to that reason of why he is allowed to have the temporary use permit, which he has to get. The letter is stating that the pool is not an accessory structure required to having -- the reason of having that bona fide use permit to begin with. It is not a -- a pool is not a structure that is used for farming. It doesn't support the farm. CHAIRWOMAN BARNETT: Unless he can prove that the cows are drinking water out of it. MS. SCAVONE: Correct. That is basically what he's saying. Page 119 January 24, 2008 CHAIRWOMAN BARNETT: Got it. MS. SCAVONE: Okay. A copy, again, was given to Mr. Bachmann, which he did not agree with and stated that he did not want to remove the pool. June 29th, 2007 Mr. Bachmann requested an appointment with my supervisor, Gary Dantini, and myself. The case was previously reviewed with Director Michelle Arnold, Investigator Supervisor Dave Scribner, Ross Gochenaur and Ashley Caserta, who are the two members of the zoning and planning department. It was concluded that there was a violation and a new notice of violation was to be issued addressing prohibited uses and land use for the above -ground pool. The County -- the County will not issue a permit for that zoning district and TUP reasons. And those were my e-mails that I was going to enter just stating, you know, how they concluded that reason. This was an e-mail from Ashley Caserta, senior planner. She was just basically expressing that Mr. Bachmann had come in again to apply for the temporary use permit and that reviewing the permit she could not issue it because there was this -- you know this. CHAIRWOMAN BARNETT: Extenuating circumstances. MS. SCAVONE: With the pool not being permitted on the property. That's all that basically says. This was just a question that I had: Are temporary use permits for a mobile home issued for full-time residents on agriculturally zoned property? Ross Gochenaur stated, yes, provided that the ag. use is maintained. And again he explained that initially, you know, it is first three years that you have to apply for it and after that it is once a year. And the other e-mail basically is that it was also explained to Mr. Bachmann by Ross Gochenaur that if he replaced the mobile home with an approved manufactured home that the situation could change. He may possibly be able to get the permit for that pool that he wants Page 120 January 24, 2008 to put up. And the last e-mail basically from Ashley was stating that a couple of times that I had personally spoken with Mr. Bachmann he had stated that, you know, he was going to try to speak with Commissioner Coletta and other people that, you know, could try to help him and explain to him how another way that he could go about doing this and what would be fair or whatnot. Ashley Caserta was another person that he had spoken to, but at this point she wasn't sure -- she didn't remember talking to them. She did talk to the homeowner, Mr. Bachmann, several weeks ago and told him that he needed to remove the pool before he did get his new TUP for the mobile home to be reviewed. Basically -- let's see here. In July Supervisor Dantini and myself met with Mr. Bachmann and we explained all this, all the e-mails, all the evidence and research that we had found to him. A new notice of violation was served to him and he signed it and a copy was given to him. Mr. Bachmann also requested and obtained on July 12th a copy of all the case notes, phone records involved with this case. July 24th, received a phone call from Mr. Bachmann, stated that he had hired a lawyer and was going to look into this matter, and also notified me to not harass him and not to call him, to stay off his property. And at that time I did as he requested and I have had no contact with Mr. Bachmann. So the last pictures were according to the Collier County tax appraiser's website that the violation of the pool still remained. Up there. And as of present date, it is believed that the violation remains, an unauthorized, prohibited above -ground pool erected on ag. zoned property with a bona fide agricultural use in violation of Collier County Land Development Code. CHAIRWOMAN BARNETT: Okay. Mr. Bachmann (sic)? MR. FLOOD: Yes. How do you want me to proceed? Do you Page 121 January 24, 2008 want me cross-examine her or -- CHAIRWOMAN BARNETT: You may proceed in whatever manner you would like to. MR. FLOOD: First of all, I would like to make a statement, that according to your own rules -- Peter Flood, I am the attorney. Article VII -- I would like to make an opening statement -- indicates that the initiation of an action before the board you are to have a code enforcement investigator filing an affidavit of violation which shall include the statement of facts and circumstances of the alleged violation and shall identify the code or ordinance which has been violated with the secretary of the board. If you refer back to the code violation statement that has been submitted here that we have been provided with, there is no clear section cited on that violation. If you go to the memorandum that they have received from Mr. Ross Gochenaur, who I have had conversations with, there is no section quoted in regards to any code violation. Now, the reason I'm bringing this to the board's attention, because there is no section that can be violated in regards to putting a swimming pool on this agricultural property. And if you look at the violation statement, they are quoting Ordinance 2004-41, Land Development Code, Section 1.04 and 1.01, 2.02, 2.03 that have no bearing. There is no relevance to what is going on here. The code enforcement officer is correct that the purpose of a TU permit for a mobile home is allowed in an agricultural zoning is to support a bona fide agricultural use. Your own land development people have indicated that a deck is allowed. There is other items that are allowed incidental to the use of the mobile home as a resident on this particular piece of property. Now, I'm going to represent to this board that I have researched this issue for the last month and I can find no clear section -- not one section. I may point out that they have submitted 5.04.00 in your Page 122 January 24, 2008 packet, temporary uses and structures, if you see this. And if you could review that, or maybe you have reviewed it, I wish you could identify to me that it states that this use is not allowed by your own ordinance. Now, a couple -- a couple things need to be pointed out. This memorandum that they are relying on from Mr. Gochenaur is merely an opinion. It is not referenced in regards that you have to do something or not have to do something. We rely on our codes. We rely on the rules. We rely on the regulations. You either do something -- it's either stated you can or cannot do it. She is correct. She's done a nice job. She is correct that this is a farm related property. He was originally contacted a year ag. about 10 violations or something -- alleged violations that were not violations. They were covered by the Farm Act. It also needs to be pointed out that in Collier County an above -ground pool, the only permit you need if it's not -- the only permit you need because it is not a permanent structure is a fence. And if that pool is 24 inches or less, you don't even need a permit whatsoever. So anybody in this room can walk in Home Depot, into anyplace and buy a 24-inch pool and put it on your property. I don't know if people are aware of that. That is the law. The only reason my client cannot get his TU permit renewed is because he tried to follow procedure in regards to obtaining a permit as a result of the fence for the pool and he was denied that. She is correct. And I have a letter to that effect that I would like to present to the board that was sent by Angel Tarpley. Again, she says per the LDC this is not an approved accessory structure for this ag. with a temporary mobile home. MS. ARNOLD: Let me have that. MR. FLOOD: Again, there is no cite. There is no section. CHAIRWOMAN BARNETT: Let me have that entered into Page 123 January 24, 2008 evidence for you. MR. KELLY: Any objection? Make a motion to accept. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MR. FLOOD: So where does this all go and where are we going from here? I mean, if there is no specific statute on this and this is merely an interpretation by the Land Development Code, we have to resort to the law books to see if some sort of issue along these lines has ever been raised in regards to an accessory use on a farm, ag. property. What is an accessory use? The only case law that I have found on this is where a fellow over in Miami -Dade County erected an airplane hangar on a farm -related property. And the code enforcement officer came around and filed a violation. There was a hearing held, which was subsequently appealed to the Circuit Court. And the Circuit Court indicated that it was a related farm activity, which he stored a plane in there and he said he flew around his crops and looked around his land, and they allowed that. Now, we're talking about a pool here that my client lives 18 miles out of town. He could basically go out there and -- according to what I've read, he could basically go out there and dig a pond, put a well in there, put a diving board, could come into the County and say, well, that's an accessory use. I'm using it for pumping water out for my Pagel24 January 24, 2008 plants and so forth. He legitimately -- and I want to make this clear, and I think she understands this, he legitimately has complied with everything that he has been required to by the County to support his use on the property as it exists today. The only reason that he cannot get these permits is because of this pool issue. CHAIRWOMAN BARNETT: I want to stop because, according to this, the permit application will be canceled -- let's see -- of the Code Enforcement Board 2002-01, Section 104.5.1.1; is that in regards to why he can't get his temporary mobile home? MS. SCAVONE: I'm sorry. Can you please repeat that? CHAIRWOMAN BARNETT: In her letter, in regards to the permit for the case, it says, Collier County building review and permit department routinely reviews -- da-da-da-da-da-da. At the very bottom it says, when the applicant is advised of discrepancies and does not respond within six months with correct plans or an appeal to the Code Enforcement Board, the permit application will be canceled. Is that in regards to his temporary housing with the mobile home, Section 2002-01, Section 104.5.1.1 ? MS. ARNOLD: I believe it is. CHAIRWOMAN BARNETT: Because I don't have that in my packet, so I have no way to reference. I just wanted to clarify that. It was in a section that would pertain to a pool. MS. SCAVONE: It is for the -- CHAIRWOMAN BARNETT: I'm just crossing my Ts here. MR. FLOOD: He cannot get his TU renewal because of the code violation. MS. SCAVONE: Right. CHAIRWOMAN BARNETT: Okay. MR. FLOOD: So can I continue? I just -- CHAIRWOMAN BARNETT: You may. MR. FLOOD: I just have a few more minutes. I know it has Page 125 January 24, 2008 been a long day for you. CHAIRWOMAN BARNETT: Sure. I just wanted to clarify that. MR. FLOOD: So it's basically our position on this matter is that there really is no violation. You have to violate something. What is he violating? Now, I am going to ask the code enforcement officer, what section of the LDC has he violated? What specific section has he violated in regards to this pool? Now, I have asked this for three months and I can't get an answer. MS. SCAVONE: It would be Section 1.04.01, generally, that no development shall be undertaken without prior authorization pursuant to the LDC. Specifically, no building structure, land or water shall hereafter be developed or occupied, and no building structure or part thereof shall be erected, reconstructed, moved, located or structurally altered, except in conformity with regulations set forth herein and for the zoning district in which it is located. Basically he doesn't have a permit for the pool to begin with. He did try to get a permit for the pool, but it got kicked back. MR. FLOOD: Because? MS. SCAVONE: Because of -- with the bona fide agricultural use. Again it states that the mobile home is approved temporarily to be on the property and it has to -- because that is the accessory structure to the farm. The farm, again, is to support -- the structures on the farm are to be supportive of the farm. In regards to the pool, it does not support the farm. MR. KELLY: Are you allowed to have more than one accessory structure? MS. SCAVONE: Yes. As long as it is in support of the farm. MR. FLOOD: And that, ladies and gentlemen, is not true. Read the memo she sent you from Ross Gochenaur. I don't think a deck on Page 126 January 24, 2008 a mobile home is supporting a farm. I don't think a carport is supporting a farm. I don't think garages are -- could be supporting a farm. And a shed's not necessarily associated with a bona fide agricultural use. The problem here -- I'm going to be very respectful to everybody here and Michelle and everybody. This is a badly written ordinance or badly written section. It is open to total subjectivity in regards to interpretation. Now, I went through this memorandum and crossed -referenced it with our ordinance, the LDC ordinance. You can all do it, too. I can't find any of this in here. Where did they come up with that? MS. ARNOLD: I guess I'm -- I'm having to object a little bit because I guess what Mr. Flood is arguing is the interpretation of the zoning department, rather than -- what we're here about is does his client have a permit to have the pool? MR. FLOOD: Well, is there a violation? What I'm saying is there can be no violation unless you specifically state in your -- Michelle, in your complaint what he violated. MS. ARNOLD: And it is on there. I believe the Investigator just read what the violation was from the Land Development Code. 1.04.01 says you cannot alter or improve the property without authorizations from the County. And your client doesn't have a permit for the pool. That's what we're here for. MR. FLOOD: You're correct. He does not have a permit for the pool. We went in to get a permit for the pool, but because of this violation that they're claiming that he can't have, which we're arguing it is not a violation because there is no -- there is no rule that is based upon this, there is no law. There is nothing in the ordinance. MS. ARNOLD: That says you need to get a permit for a pool? MR. FLOOD: He doesn't need one. MS. ARNOLD: He doesn't need a permit for a pool? Page 127 January 24, 2008 MR. FLOOD: For a portable pool in Collier County. If I were to go to Recreational Warehouse to get a portable pool, the only thing I need, because it's a portable structure, is a fence. I do not need a permit for that pool. That's your ordinance. That's your ordinance in Lee County. That's a state ordinance. MS. ARNOLD: I'm afraid you're wrong. MR. FLOOD: No, I'm not wrong. You know, in your packet somebody provided me, a swimming pool as any structure located that is intended for swimming or recreational bathing containing water over two inches, even, included, but not limited, in the ground, above -ground and hot tub don't even require a fence. They don't even require a fence. MR. KRAENBRING: But that's not the issue here. The size of the pool requires a fence; is that correct? MR. FLOOD: My issue is there can be no -- MR. KRAENBRING: Wait a second. You keep referring to a two-inch pool. That's sort of not the issue here. MR. FLOOD: My point in this whole argument, the reason I'm here today, there is no violation, okay? They are claiming he violated the Land Development Code. MR. KRAENBRING: I understand what you're saying. MR. FLOOD: I'm telling you, if you read the Land Development Code, she is claiming that a pool is not allowed in the Land Development Code in this agricultural area because of the use. That's what she's claiming. We're not here telling you he didn't get a pool permit. He tried to address that issue to go get a pool permit. That's why I sent the letter in. Now, what has happened here is Code Enforcement has caused an issue now with my client in regards to submitting this violation, which is really not a violation. You have got to violate some sort of rule, some sort of -- some sort of ordinance or some sort of rule. You Page128 January 24, 2008 have to violate. Where is it? CHAIRWOMAN BARNETT: I am going to ask our attorney to weigh in on this. MS. RAWSON: And I am going to call on Jeff, the county attorney, as well. He has been charged with an unauthorized prohibited above -ground pool in agricultural zoned property. You have been given two cites of -- two LDC citations that have been violated. There is apparently -- he was not able to get a permit because the zoning department says it is not directly related to the bona fide agricultural use. That part is not in the statute, but that doesn't mean that it doesn't apply. I think Mr. Flood is arguing quite well an interpretation of the zoning official. I would like to hear from the county attorney as to his interpretation of this statute. MR. WRIGHT: Okay. Jeff Wright, for the record, Assistant County Attorney. When you say the statute, do you mean the provision of the LDC? MS. RAWSON: Correct. MR. WRIGHT: It's pretty simple, in my view. I think that reference to a no fence or just a fence requirement for 24 inches or less -- I don't think that that is at play here. I haven't heard any evidence as to the specific size of this pool. MR. FLOOD: I apologize. That is not at play. The pool is deeper than that. That's one of the reasons he has got to get a pool permit. He has got to go get the permit for the pool because of the fence and the depth of the pool. That's the reason. MR. WRIGHT: My understanding is in ag. zoning there is permitted uses and there's conditional uses. And this is neither. And Page 129 January 24, 2008 that's why he was cited, plain and simple. That's what the reference is to those two sections in the LDC and the notice of violation. MR. FLOOD: Well, you're familiar with it. Show the board where specifically this use is not allowed in the LDC and -- hold on. Show me where Mr. Gochenaur came up with this memorandum that says where it allows these temporary uses. He's contradicting himself in the memorandum here and he's citing that in this LDC -- he's inferring that this is in the LDC. Where is it? You can't just pull stuff out of the air and say -- for example, you can't just take a law and just start adding things to it. It is either specific or nonspecific or -- you're a lawyer -- it's been interpreted in the case law. Now, this specific section has been interpreted in one case in the state in the last 10 years. And that's this airplane hangar case over in Dade County. I'm not trying to give anybody a hard time. If we were standing here and it was specifically in the ordinance and it says, look, I have got to have -- for example, when I build a barn in an ag., you have to have a building permit. And I don't get a building permit, we are in violation. I have got no problem with that. When it is open for discretionary subjectivity and your own land and zoning is saying that a deck is allowed, which he has a deck -- he has a deck, right? Permitted, allowed. But if you go to the ordinance or you go to the LDC, that's not specifically stated anywhere that he could have that. So my question is: Because the land development people interpret the statute, does that become the law? Is that the -- is that the ordinance? Does that become part of the -- part of the rules? I don't know. Maybe I'm confused. MR. WRIGHT: Well, I would respond to that -- Mr. Gochenaur's opinion is not part of our law, but it is instructive in providing the board with information as to what's going on in this Page 130 January 24, 2008 case. MR. FLOOD: That's my point. That's what the basis of this violation is on is based on Mr. Gochenaur's memo, which has no legal basis in regards to reference to the LDC. That's my point in this whole argument. MR. WRIGHT: Typically in a zoning district, as I just mentioned, there's lists of permitted and lists of conditional uses. And this doesn't fall under either of those. When that happens, it is not allowed, plain and simple, in a zoning district. As far as Mr. Gochenaur talking about certain things being accessory uses, and a pool not falling into that list, if you look at that list of accessory uses that he said are allowed in relation to a bona fide farm operation, a garage, for example, could house a tractor. A deck could be incidental to something to the farm, as well, given the facts of a situation. But a pool -- I haven't heard any facts that would suggest that the pool is connected to the farm operation. If it were, we might have a case here. So far I have heard nothing to suggest that this pool is related to the farm. And since it is not related to a bona fide agricultural use and it doesn't fall into a permitted or a conditional use, it is not allowed. That's why your client was cited. MR. FLOOD: The only reason he is being cited is because of the interpretation of Mr. Gochenaur in regards to a statute and a rule of law that does not exist. It doesn't -- you're double -talking. It does not exist. Now, if he had a permanent structure permitted on this property, which he can do under the Farm Act -- because he has a mobile home. If he had a modular home on this property, we wouldn't even be here today with this argument. He could have that structure because it is a related farm use. It is because he has a TU permit. That's the only difference. And Page 131 January 24, 2008 that's what the state law says. Do you want to see a copy of that? Let me show you. MR. WRIGHT: Right to Farm Act? MR. FLOOD: That's right. And the Right to Farm Act controls under this. The Right to Farm Act overrides the LDC in this area. MR. WRIGHT: If there is an inconsistency between the two. MR. FLOOD: That's correct. And that's what I'm arguing today. Maybe I'm not making myself -- MR. WRIGHT: If I may, let me just ask the question. Is this pool used in connection with the farm operation? MR. FLOOD: It's used in connection with his residence, which is an accessory use to the farm. MR. WRIGHT: Okay. Now, it's for human swimming; is that right? MR. FLOOD: That's correct. MR. WRIGHT: Okay. That's all the questions I have. I just -- it's not on the list of permitted uses. If I'm double -speaking, I'm -- MR. FLOOD: Where is the list -- you said there is a list for permitted uses. Show me in the statute where the list for permitted uses are. You keep referring to that. Show me. MR. WRIGHT: Well, I don't have the whole book in front of me. talk. MR. FLOOD: Here is the book. MS. ARNOLD: That's not the book. MR. FLOOD: The LDC. Show me where it is. You guys are all MS. ARNOLD: That's only an amendment. MR. FLOOD: Where is it? It is not in there. It does not exist. MS. ARNOLD: It does exist. MR. FLOOD: It does not exist. There is not a specific list in the Page 132 January 24, 2008 LDC for permitted uses in the ag. It does not exist. CHAIRWOMAN BARNETT: Gentlemen, I am going to stop it. We are way over our five minutes. I'm going to go back to Jean. MS. RAWSON: He has been cited for having a pool without a permit. He clearly admits he doesn't have a permit. I don't know that you guys can interpret the law or interpret the zoning official's opinion. You have heard from the County Attorney that it is not permitted. He clearly doesn't have a permit. So you just have to decide, as always, was there a violation. If there was a violation, what are you going to do about it? CHAIRWOMAN BARNETT: If they disagree with us, they can take it further. MS. RAWSON: Of course. CHAIRWOMAN BARNETT: At this time I'm going to close the public hearing. MR. FLOOD: Well, I would like to conclude, if I could. CHAIRWOMAN BARNETT: You overextended your five minutes and that was probably my fault. MR. FLOOD: I just have one comment. CHAIRWOMAN BARNETT: If you have one comment, I will allow it. MR. FLOOD: In response to Jean. The statement of violation and request for hearing, if everybody could look at it. It says the description of the violation -- we keep going back to this pool permit. The description of the violation is an unauthorized, prohibited above -ground pool in agricultural zoned property. It is not failure to get a pool permit. MS. ARNOLD: How else would the pool be authorized? Through a permit; is that correct? Is that an authorization; a permit? MR. FLOOD: No. He wasn't cited for that. MS. ARNOLD: No. Is a permit an authorization? Page 133 January 24, 2008 MR. FLOOD: A permit -- MS. ARNOLD: Does a permit authorize you to do something on your property? MR. FLOOD: Yes. MS. ARNOLD: Okay. MR. FLOOD: But that's not what he's cited with. He's cited with having a pool in an agricultural zoned property. He is not cited for having -- not having a pool permit. CHAIRWOMAN BARNETT: I think he is cited for both. It is unauthorized, which is not permitted is what she is trying to say. And it is an ag. zoned property. So I think that is kind of combining both. Do you understand what I'm trying to say, Michelle? MS. ARNOLD: I agree with you. CHAIRWOMAN BARNETT: Okay. I understand your complaint and everything, but at this time I am going to close the public hearing and go to the board. Comments, questions amongst ourselves? MR. PONTE: I think Mr. Flood has made some very compelling arguments. I don't think there is a provable violation here. CHAIRWOMAN BARNETT: Mr. Kelly? MR. KELLY: There are two things that are leading me to agree with George. One, if the home is allowed, I think something that is temporary in support of that home should be allowed. Obviously the deck is there, which is used to get to the pool. I think the pool should be allowed. Number two, judging by the tan on the respondent, he works a lot outside. I am sure he enjoys cooling off in the pool and that can be construed as an accessory use for a bona fide farm operation. And bona fide is not in the code. That was a word added by county staff as an interpretation of the code. And I think that us on the board, being put into this position, have the right to interpret the code just as much as the county does. Page 134 January 24, 2008 MR. KRAENBRING: I would say that I would have liked to have seen a list of approved or unapproved, unauthorized uses. I think that would help to strengthen the case for the County. In absence of that, I am inclined to find that a violation does not exist. Maybe if the County wanted to resubmit this or strengthen its case with some additional information that would help guide the board, it might be different. CHAIRWOMAN BARNETT: Are you making that a motion? MR. KRAENBRING: I'm just listening to what the board has to say. CHAIRWOMAN BARNETT: Gerald, do you have a comment? MR. LEFEBVRE: No. CHAIRWOMAN BARNETT: Do you have a comment? MR. MORGAN: I don't have an opinion. CHAIRWOMAN BARNETT: Okay. Well, I'm torn. Because I can understand and agree with George that I believe your attorney has done you a good job today in bringing up a lot of questions. But I didn't think we were here to interpret an ag. zoning. I thought we were here to look at whether or not the pool was permitted. But the way they wrote it, they included both. So I'm kind of -- it's a split decision. I don't think you have a permit for a pool. I think you should have one. MR. BACHMANN: I tried. CHAIRWOMAN BARNETT: But the county is not going to give you one because they say you can't have one. So that's my opinion. MR. KELLY: Well, I make a motion that a violation does not exist. MR. PONTE: I second the motion. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. Page 135 January 24, 2008 CHAIRWOMAN BARNETT: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? MR. LEFEBVRE: Aye. MR. KELLY: A point of clarification. If a violation does not exist, there should be no reason why he couldn't get a TU permit, correct? CHAIRWOMAN BARNETT: I think -- MS. ARNOLD: That's not one for me to decide. That is something that the zoning department -- CHAIRWOMAN BARNETT: Zoning is going to have to take care of that. That is out of our hands. I'm going to poll the group that's been so patient out here because we keep -- the cases keep getting longer and longer and longer. It is already 1:00. We have four more. Who would like to move forward and get them over with? MR. PONTE: Move forward. MR. MORGAN: Yeah. CHAIRWOMAN BARNETT: Who would like to go to lunch and come back in 20 minutes and then go forward? MR. PONTE: Move forward. CHAIRWOMAN BARNETT: Seeing that I didn't see any show of hands for the lunch, everybody said move forward that showed hands, we'll move forward. I just wanted to ask. The next case is Board of Collier County Commissioners versus A.L. Petroleum, Inc. MS. MARKU: That is in reference to Department Case No. 2007040340. For the record, the respondent is present. The respondent and the board was sent a packet of evidence, and Page 136 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Raul and Gloria Gutierrez, Respondent(s) CASE NO.2007100458 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGES 2 3-6 7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007100458 Plaintiff, VS. RAUL AND GLORIA GUTIERREZ, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 5363 29th PL S.W. SERVED: Raul and Gloria Gutierrez, Respondent Inv.Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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. Gutierrez, Raul & Gloria Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING DEPT CASE NO. 2007100458 Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 04-41 as amended the Collier County Land Development Code; Sec.(s) 10.02.06(B)(1)(a) 2. Description of Violation: Garage converted into living space without Collier County Permits 3 Location/address where violation exists: 5363 29`s PL SW, Naples, F1.34101 4. Name and address of owner/person in charge of violation location: Gutierrez, Rail & Gloria, 5363 29 h PL SW, Naples, Fl. 34116 5. Date violation first observed: October 12, 2007 6. Date owner/person in charge given Notice of Violation: October 12, 2007 7. Date on/by which violation to be corrected: November 30, 2007 8. Date of re -inspection: December 3, 2007 9. Results of Re -inspection: Violation(s) Remain(s) STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 3rd day of December. 2007. Ca��me ez Code Enforcement Investigator REV 3-3-05 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed b re this 3rd day of November, 2007 by Carmelo Gomez. ( ignature o Not ublic) (Print/Type/Stamp Commissioned Name of Notary Public Personally known vZor produced identification Type of identification produced NOTARY PUBLIC-S TAt c OF FLORIDA 4'a� e� y s andes nD 467410 aer"� Commission # U AUG. 31, 2009 Bonded Tlu a Alla ..dc Bonding Co., Inc. l VLLll1iC %-VUEN 1 I l.Vl1L' L' lNrUtU _r11V1r_i1� 1 Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent Gutierrez, Raul & Gloria Date: 10/12/07 Investigator: Gomez Phone: 239-213-2971 ^'icing : 5363 29" P1. SW Zoning Dist Res See 28 Twp 49 Rag 26 Legal: Subdivision golden gate unit-7 Block 230 Lot 14 Naples, FL 34116 Location: 5363 29 PL SW Folio Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-31 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) RUBding or land alteration permit and certificate of occupancy 10.02.06(B)(1)(a)Zoning action on building permits —no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist.. without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ❑10.02.06(B)(1)(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. ❑ 10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of �\ any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspections) and certificates) of occupancy 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 11 ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute afire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection ...Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not Iimited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.12 Certificate of Occupancy. "—"'(]106.12 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. 36430560003 OR Book Page Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When 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 Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities E1111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinanee/Narrative: '�- &wivvfA�o u�?b/ Order to Correct Violation(s): ❑Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/vnprovements, including materials from property and restore to a permitted state. ❑Must mquest/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structurc/systems: OR remedy Molation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date D Ines Bator's Sign a Date cf— Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 •o � � e r. • Ln IC I IU, rp Postage $ r� Certified Fee postmark Ill Return Receipt Fee Here I= (Endorsement Required) C3Restricted Delivery,Fee O GUTIERREZ, RAUL=& GLORIF ►`- 5363 29TH PL SW ru NAPLES, FL 34116 —0 M Case Nbr — 2007100458 M r- AFFIDAVIT OF POSTING Respondent(s): D 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: Code Case jW7/00 h/-� CEB # I, ��! %� 4!V IVJ�` , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at ,�,3�3 L9 YO,L , A,7 - (Address) on It/# Aq.1 (Date) STATE OF FLORIDA COUNTY OF COLLIER a PM ,and at the Collier County Courthouse. (Time) 0 Signature -%Zi jyc-�,F, e., Title JIF Sworn to (or affirmed d subscribed before me this 9da o dJ=iJ 1�� 200 " , by L° /£tee d yL00p0GX- (Name o obtaryPublic) making statemen (Signature (Print, type or stamp Commissioned name of Notary Public) �. Personally Known Produced Identification Type of Identification Produced �`7 FLORIDA M�� jl f,� �.� ��iaiS alssion # %D467410 ATM 31, 2009 ?ondcd Mantic Eor,d�-"7 Co., inc. Affidavit of Posting Original to File Copy of Posted Notice and Pictures Attached 6/03 AFFIDAVIT OF MAILING Respondent(s): � � A THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) XNotice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation Number ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: Code Case�,D07�00 �. CEB # I, e/94177440 4-,0/l9EL , 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 1011%. (Address) -�Cg 4o3 .2 41 10-41 . �Lt%• /!%A �,p�s'� '7 �� On this 9 day of _ffOIL , 20 O� 0 SSi! ore Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of /tiOlJFi/�!f�_ 200�, by /,✓4�,N1 11, '.x (Nam.e-otperson making state nt) (Signatur Notary Public) (Print, type or stamp Commissioned name of Notary Public) Personally Known Produced Identification Type of Identification Produced Affidavit of Mailing Original to File Rev 6/03 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 forbuilding orlandalteration 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 surrey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 1 nrrin•Qr, t1k Deenant Prepared 6y .ad Retrra to: David F. Anderson, P.A. Attorney at Law loos county Road 951, Suite I Seples, FL 34116 *** 2539127 OR: 2597 PG: 3383 t** ne met it ORiei11 taus of cauu emn, n II/11/1911 at 11:11t11 KIM 1. Imft, am lix M C11 1X-.71 .71 lets: - II11T1 11M WIP 110 MW 0 95111 WLH n 31116 ftmdIDNtseban 36430560003 Corrective War anty Dead, Th4 Indenture, Made this C9S i day of ,1999 A.D., Between ATTXLI0 BIANCO and ASSUNTA BIANCO, husband and wife Of the CMW of Union , slate of New Jersey , grantors, and RAUL GQTIERREZ and GLORIA GUTIERREZ, husband and wife ,dd,,,i,: 4319 Golden Gate Parkway, Naples, FL 34116 or the etwmy or Collier I state Of Florida , grantees. WLtnesseth that the GkANTOP.S, for NO in consideration of the sum of ---------------- -------TEN DOLLARS ($10)----------------------- DOI-L.ARS, and ether good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, lellooM and solo to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following described land, allow, lying aotlbeing intheCamtyof Collier SWc or Florida to Wit LOT 14, BLOCK 230 OF GOLDEN GATE UNIT N0. 7, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 5, S 135 THROUGH 146, INCLUSIVE, IN THE PUBLIC RECORDS OFORIDA. l The property herein �or s 0 NOO oast tune the HOMESTEAD property of the Grsato M- 66-)--eaSubject to current jta�d t ions of record. This instrument is \ ecorded to dots 4 he legal description which was incorrect in recorded in Book 2523, Page 2967 in the Public Records of Co da. C- Gad the IMWAM do hereby fully warrant the title to said land, and will defend the same against lawful ciautts of all persons whomsoever. In Witness Whereof, the grantors We hereunto set their hands and seals the day and year first above written. L;;:_ nddelivered In our presence: Aip.. — _ .9 (Seal) ea2tte :[ A CO - - Ititness j1 P(l Address: 122 East Lincoln Avewe, Roselle Park NJ 47204 01 r a e j ' Qk4auff-L LC2 ..- --- - -- (Seal) Witness P U Address: 122 East Lincoln Avenue.Roselle Park NJ 07204 STATE OF New Jersey COUNTY OF Union �Q 7tie foregoing instrument was acknowledged before me this '� day of , 19 99 by AT71LIo BIANCO and ASSUNTA BIANCO, husband and wiw who ate personally known tome or who have produced their U.S. driver's license as identil'katiun Pr-, L � � in a auase_ _ Notary Public; / gtAN LA FORX My Commission Espim: ✓ NOTPT PUeuC OF NEW IERSEY MAY Corammw Expires Sept. 14, c-Gu0 9902-007 LmCk_dbycD.4;S)v r_ ins taus.i.5sssFa FtwuI n COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sergio Valencia., Respondent(s) Case No. 2006090115 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation Copy of Applicable Ordinance 3 Deed 4 5-6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006090115 VS. Plaintiff, SERGIO VALENCIA, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2080 16T" Ave. S.W. SERVED: Sergio Valencia, Respondent 11-IN Inv.Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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. Sergio Valencia, Respondent 2080 16" Avenue SW Naples, Florida 34117 STATEMENT OF VIOLATION AND REO TEST FOR HEARING CEB/DEPT. CASE NO: 2006090115 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 of section(s) 3.05.01(B) Vegetation Removal, Protection, and Preservation 2. Description of Violation: Property has been mechanically cleared without a permit in excess of one acre 3. Location/address where violation exists: 2080 16'h Ave. SW. Naples, Florida 34117 4. Name and address of owner/person in charge of violation location: Sergio Valencia 2080 16`h Ave SW 5. Date violation first observed: 9-08-2006 Naples, Florida 34117 6. Date owner/person in charge given Notice of Violation: 9-12-2006 7. Date on/by which violation to be corrected: 10-09-2006 8. Date of re -inspection: 11-03-2007 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 fora public hearing. Dated this 1 Oth day of January, 2008 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 1 Oth day of January, 2008 by Susan O'Farrell. (Signature of Notary Pu ic) (Print/Type/Stamp Commissioned Personally known �'� or produced identification Name of Notary Public) Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Indira Rajah REV 3-3-05 727241 Commission E t . 07, 2011 BONDED THRU ATLANTIC BONDING CQ, INC. COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Sergio Valencia 2080 16`h Avenue SW Naples, Florida. 34117 LOCATION OF VIOLATION (LEGAL AND ADDRESS) Within Collier County Zoning District Sec 19 Twn 49 Rng 27 Subd Blk 52 Lot 1 Parcel Of Collier County Record. Property ID: 45964120104 PUD Tract Unit SDP OR 4097 Page 3937 :OR Page AKA (Address) 2080 16'h Ave SW Naples, Florida NOTICE 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 following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ord No. 04-41asamended Section 3.05.01(B) Ord No. Section n Ord No. Section PUD #s: Regulations: Sections: Dated: DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ORDER TO CORRECT VIOLATIONS) You are directed by this Notice to take the following corrective action(s) Hire an Environmental Consultant to examine the property and adjacent properties, evaluate existing plant material, and complete and submit, within 30 days, a mitigation plan according to Section 10.02.06(E)(3) of Ordinance 04-41 as amended to restore native groundcover, mid -story and canopy tree vegetation to 1.5 acres of the property. Installation of plant material must begin within 15 days of mitigation plan approval. Or Obtain all necessary permits for existing structures through the collier County Building Permit Dept. and all necessary permits for intended structures. Any remaining property . that is not included in the permitting process most be mitigated according to the Collier County Land Development Code section 10.02.06 (E)(3) ON OR BEFORE: October 9, 2006 PENALTIES MAY BE 11 I"SED: Failure to correct the violations on or before the date specified above will result in, (1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500.00 and costs of prosecution. OR I observed the subject property cleared in excess of 1 acre (2) Code Enforcement Board review that may result Without permits. This is in violation of the Collier County in fines up to $1000.00 per day per violation, as Iong Land Development Code. as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE SERVED BY: ENFORCEMENT INVESTIGATOR Susan O'Farrell %Personal Service oCertified Mail 2800 No. Horseshoe Dr. Naples, FL 34104 Posting Of Property (239) 403-2488 Fax: (239) 403-2343 r 7£Ql n �` %l�nlf HEREBY acknowledge Investigator signature�� i% / ( that I have received violation. read, and understand this notice of VIOLATION STATUS: ®Initial []Recurring ORepeat Signature and Title of R��ecJJipient Print Dated this 12 day of SY+ , 2006 Reference case number: 2006090115 Nntirr. of Vinlatinn Ckivinal to File C nnv to Re"ondent r—, s , c:.. D--;-- ..___. _ COLLIER COUNTY LAND DEVELOPMENT CODE 3.Q5.00 3 05 02 D 1 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 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. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee but construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June � 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed Supp. No. 2 LDC3:24 Prepared by and Return to: Andrea McGuire, an employee of Title Priorities, LLC, 5W Fifth Avenue South, 500 Fifth Avenue South Naples, Florida 34102 (239) 659-2561 File Number:607108 Warranty Deed 3895025 OR; 4097 PG; 3937 RECORDED in OFFICIAL RECORDS of COLLIER COUNTT, FL 08/31/2006 at 01:48PM DWIG" B. BROCI, CLBRB CONS 540000.00 RIC FBI 18.50 DOC-,70 3780.00 Retn: TITLE PRIORITIES 500 578 AVE S 1511 NAPLES FL 34102 Made on August 23, 2006 A.D. by and between Santiago Mato and Donatila O. Mato, husband and wife and Candido Santiago Mato, a married person, whose address is 2080 16TH Ave SW, Naples, Florida 34117, hereinafter called the "grantor", to Sergio F. Valencia, an unmarried man, whose post office address is 208016TH Ave SW, Naples, Florida 34117, hereinafter called the "grantee": (Whenever used herein the term 'grantor' and 'grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). Witnesseth, that the grantor, for and in co ideation of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whFat" , hereby grants, bargains, sells, aliens, remises, releases, conveys and at certain land situate in Collier County, Florida, to -wit: �J The West 1/2 of Tract 52! � TES�I�Jni o. 195, according to the plat thereof, recorded in Plat B k Pag 0 f the jublic Rveco}} of Collier County, Florida. :1 0 C� Parcel Identification Nu _ 45964120104 Subject to covenants, con d `t is, estrictions and ease I vecord. Together with all the tenement h 1 urtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;. that the. grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. Page 1d2 Individual Warranty Deed 4' *** OR: 4097 PG: 3938 *** n In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of these witnesses: WBness Sign Print Name: Witness Signature Print Name: -- �. rNr- a t State of Florida County of. Collier THE FOREGOING INSTRUh ato, Donatila O. Mato and PKoduced a valid driver's licer ARY r Notary Print Name My Commission Expires: Santiago ato 2080 16TH Ave SW, Naples, Florida 34117 Donatila O. M one ugust 23, 2006, by Santiago nally known to rrie or who has Notary Public - State of Florida My Comrrtsbn FV iesAu919, 2MB CommWon # DD 348387 Bonded By Naflor cil NotoryAssn. Individual wa a�y Deed Q s a R • � rep • R4i +� 't fi .A JOL :x " ` !h eAa fi z • r . • y k� •t .: ... « AIL '. �. v � ,. q r• 'ti v b r i! x , e i r r Fir y a' o-p r om , a r , " V1, ^ x , r H _ � s'�" n w� 9 � �� I��r�� M Ue � II i lli� I :Y .�° ai Y pg p ... ��3 f. 9i. �y { .i { �y � rs �' ', 'Y� ;� � .,�.Y .. 9 � � ^NY. d. � ,=� � !�° �i, 9 *i *dyi, r � e ! ee$' k m., .; ) i . �, ... f. n � b e a .. � yy i n X, t rz .. : _ �+�✓��rw _., _ .,_ �. s �._b �a . SiltF"'ram" - -=�., , f, ,.,�_ 'a ,... �.> ., ., +� �, `r MN" sr k y e VI' � # v .9d �4 AAA «� 4 h'yec a ay_LL a 1 rum . " fit• ' ep d ;K- A , A f, A I144A Its r » r 1 Lu A `5wx. a nef• A A s A A �, � �� *• �4," iti .�t�r* .t �1..yyg � a ka w 'A TT >e i__'* , •tea tlr''. w fit. t M i Ld �i w w d y T� A w, • f" x a Tro x 't � f"fM r 14 n. o OY Ilk io x R 0 n t..• v i , wti W. m t �. ^*" .a.,e-w•.a_.nq�,u ''� YL�� _` � � .s - 'Ally ` v 9 " h � �, � �'t �,..� <d.�e��.. - �'r � t 'a. +4„ p ..: r � i�� }�a' "' sx � , '�v �' � � r ..�+•. L e a � � w d < m M . � , r ,x+, '< ,<r' w^ t ��.§s ter{ °„`•° � '"� � � s 'Y��,�t �C '� *,+";�'� d � � r� '� `��• ol f '4 , . ar •,r ,✓`^ ,,, ... '•. ,tea . «. :. .^ �. , < _ � � �- �Y � ,g ti , ,�a � � � h. t� ^ � � C' � ., �` ,.- . ' ti r .�' �,.�_�' f, „ i•o-sk�, ,,�Aa ems' • " �`s µ � �; � �, x+ , — . r - r - w r f ''a �. ^*" .a.,e-w•.a_.nq�,u ''� YL�� _` � � .s - 'Ally ` v 9 " h � �, � �'t �,..� <d.�e��.. - �'r � t 'a. +4„ p ..: r � i�� }�a' "' sx � , '�v �' � � r ..�+•. L e a � � w d < m M . � , r ,x+, '< ,<r' w^ t ��.§s ter{ °„`•° � '"� � � s 'Y��,�t �C '� *,+";�'� d � � r� '� `��• ol f '4 , . ar •,r ,✓`^ ,,, ... '•. ,tea . «. :. .^ �. , < _ � � �- �Y � ,g ti , ,�a � � � h. t� ^ � � C' � ., �` ,.- . ' ti r .�' �,.�_�' f, „ i•o-sk�, ,,�Aa ems' • " �`s µ � �; � �, x+ , — . r - r - w r f ''a 1 - Ls: G y . < t rw, � v� � ¢� �'7 •r r ry c, Ae M.. e t � lw� �#3�^%w w# 1 L tv a � w , 3 >F � v" Aw A z Av, r ry v g } v " M 1 8 • 'V fir. Y rya w. r a. a , x • �M Y x wr _ ..,. a avn"L.. P 1� A . !'y, � r • 6u`. �.$/ � � ; , `a y i. T" r w re ro yy a• F • ... ••+ a r�� • + qq i �. i•= �� - ice.- �9`+ 4 a q e s� Vqp41 , e � yy, • � e i , #s f y w w e _ IL e ' r- _ zK. "r ^ e p, } a a • F �1 Pq! e e , n wt a e , s r iV -- . • or. •y .t q r 41 � tl � /k °• �`�' 'k fir`• .- *•a� y �Y'�, tt44�� i rl �•� �'" r� ay ' l�sx,�- q 041 ' t 4 r� •+'r "4 s � °��r .�(� .1 �� ;, ��e• s� r�� ' .� @...� �+ _ {@ i �i . g g ' . #@ .. Xf y �o` 33j ` �•n•F #." •�f � •.:'�"•+ •a"..P T �'1 � � a�� C m �• "� i C',@ 1 ,,.� • Js 'a,A .yF ,,�.,� ec +y VJ �� `. t �.�-�� fir• ` _ ti. iy9==> a �.� 4. NY ' ir' ' 7 z IA _ ` ,. .. ,: *�.•' , ter. l��-. e , 1 1� m �cz e /e U' i s r. y w k �,✓ aigyi � ' �., n�M x.ar.+�ti y , hr us s" fi *ry, f'k "�"�" �' ..^.e' w ef�" k+Y.... ��,., ,�,y#, .^�"+. W+Ak '„^+� �E,y i"*w.: ��.,9• rT � �,a y,�. rY+1�: �. .H?° �� da 8.''". dr-� t �v ae! k�acE.Y` '. „ ` xar ,.... � � �.. � tt'AW" a'�"' y . ,A �& � �"�� R la . �� M1.W,:'' •, ��,mmA. �•,(/ti ;yniy �"^�°`M wi, .�'�: ,..k. A^. . &A, fi`a,". � R.-+SY}�p++*."� � � � k��W "1k � "k/+ a"a4A d 1�h� +w�' "AMR „'y�y e+4i,w. ��, �'k"kk. iF ..�� ,yY," to 'i' a asJ'` _ ,p� • b ,:""` rt4 r+" ' �# e�ri ITI '� t'�.i 'i q J��`lit 7 • �•,4Kti '.art A`f -• �`°w` f«�'� J"'� k �'� �'` � �. t i } -tic " e� x, r , . Y 6 6 "YM r •fib y.Y R#. aw �, . • " w • a � � 4.. mow, � . ; + F � '� fi , •MM '• M� Ili r �? IIiV �I �� I x ..� �' rrr w a:t`=`� "�. r 3 +h ! x r u t� t j vL r M t f • a n a x v. } 3 `p�`y a sw, `@+ Wt sj.M1 ^"iii � W - • ^ � 'a' 4' r • � � �. °t i �•�• ',fin v ...� Of r 3 3 � 'w "we x . • yi �(.i ° w v a a' ft /� low I, 4'i .p 1 779 '-17. I • AV` 77 ...=a7,Mt.• .-S..m,».c^s , •,aq` ,» 'z .".< xr+. <fe,... �. :::.°eac-^:'+-. ".� r er. •` �..�.. �" ,.- -. ".. .L. �• � <. -ti•',.•f rt' SS �. !,isa''" � +ws�"�r - �L-atf iV '<'�' �,°t � _ �`v y • r �'r w _ i•e .L , • m. r ad ' ,� �,r r �� •ks�.-ar�.r u/<N. i J'✓,,,,,,1' x � Y1 „i '�. •!!.'.• -�:� i� a rw�*ai �- '.. • '''t""'T ,.' ti, ^''-'- �. .,.� ' •*ter v ",.. �,�` .t. `, �A�' ,9',��, � , 17 XK • jf _ . w .F . p ¢ p x � �w4vljwllww AIAW � 40 r •.� a `}`-•' y-.,�' ��- -�-�: '"�• u+ •ray ,. ., . .� k�'�i.,�ti �° '',2K '�'`- '4 w. • ..' aY .:. *:r9'"' .'� g v�'1 `Yy .•. a. . ` Mt+ iA+�.. �i'Y .p(� a :x'�'~•~ +'ram r #:r *F �-•7 v�iz�T, i Sri_ .y„g. ,g' t g 4 L "'epy..M IF wr rc •g�.+ w` x i r Y�z.iV 2 � a R�l•' ..p� ' , � p.4' � � Jtx xL yiY b 1 "T�. � � 1§ . t L Srk i ,AVO �-'- .%.44 a m } a` t. lik j , f if v4 i ,c M1 3 � 7y R {° •TT . m vi 9 i'Y ' S m y I e — FM ^ 3 . s MW r S- �� ,.• y i - , L ` 04 i 1� 3 w A 4 _ if, YYY NINO neiwR r + r we m yh aY >k . riT 1 +�, • , • 4 r w. Y x �{! Y d , e , I k ,xy Al w ti Y (F► + r jF N i II v r a r 1 ♦ y . s d ` ! _.• j�. Tie,*E»'r r r e kzl 'A 1�01 4 '- '�/`,� p 1 `a / ♦/ n4/'.,Vl T �.✓ `r. ` P'�� •• ,\ /,� ,` ��. 1r °',\ ,i. ~\ ✓"la.;, � y: �v � rd'�f � � \i r4 � ., l .,, A�� . / �v /'. *�`e �'�✓ ' ✓ �i.�Yv� .g"'y/ q ! , . a, � •, f is \ ��, " \ ♦ r ''.�.%`- r,� � � \ � � �\ ,��:v V � >�; � ,�}' �� ` f *1 �, sfi� ►' ` ' � ..` '♦✓ v�/," �x , r .,r � �\�� /� e'%\ �' l`v j.�.�'y/v '♦/ 'a�f`. 3 3 ti 4 '} „ y • ., ` Ly l �.0 p r ! e� p � , F , r L ar W4991%" why' �r _ ♦ � 4' ��yy 'Fjyy{M , x , 02/26/2008 _ w . a .r... ,.....,.� ...,.,�.w....�M��'�,. �.�......... � � l,�/,� „i.4� \A `Y `�.4 j., i /fkv 'i1 yj�°/ s� t�\,'"S�, .r'/�.`�� ., %'� �\''f,�`✓ � / '�4 �'k xy u /y' T S \ ' v a r 1 y �h � 2612O oftm ll� W ap �g z 4•. , y ,5 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. SERGIO VALENCIA, Respondent CEB NO. 2006090115 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 That Sergio Valencia is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing in person. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 2080 161h Avenue S.W., Naples, Florida 34117, FOLIO 45964120104, more particularly described as The West'h of Tract 52, GOLDEN GATE ESTATES, Unit No.195, according to the Plat thereof, as recorded in Plat Book 7, Page 102, in the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) in the following particulars: Property has been mechanically cleared without a permit in excess of one acre. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) be corrected in the following manner: I. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 10.02.06.E.3 within 30 days (March 30, 2008). 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. 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of $100 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 120 days of acceptance of the mitigation plan, then there will be a fine of $100 per day for each day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $847.09 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. Florida: DONE AND ORDERED this q 44— day of m6LV-Ck,_2008 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA B . Gerald LeFeb e, Chair 2800 North orseshoe rve Naples, Florida 34104 The foregoing instrument was acknowledged before me this (PI —day of_Mr YGk— 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. tiQ, sIQiISTiNE HOLTON s . i MY COMMISSION # DO 666595 NOTARY PUBLIC ` EXPIRES; June k 2011 M commission expires: "'�� • Bonded Thru Notary PubNo Underwriters y p (N COLUf R i HRRREBY CPT" 4J'this. Is s bw ad x>trrect copy ota a6j" onatfle In �eoero Iu lrtes t &6r� of oo;ller ! ESS MY`h nd and'offfoal SW U to -- d y of cS- P, bR cl OPco M QR......... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio Valencia, 2080 161" Avenue S.W., Naples, FL 34117 this LP— day of MCL,rc,Lj , 2008. M. Jean on, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Mahir Trading Corporation., Respondent(s) Tamanna Chowdhury (Registered Agent) CASE No. 2007020481 ITEM Notice of Hearing PAGE S Statement of Violation and Request for Hearing 1 2 Notice of Violation Copy of Applicable Ordinance 3-4 Deed 5-9 10-11 IOF Table of Contents I I/I Vnll; CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, MAHIR TRADING CORP Respondent TAMANNA CHOWDHURY AS REGISTERED AGENT NOTICE OF HEARING Dept. Case No. 2007020481 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East.Tamiaml Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 7392 Radio Rd SERVED: Mahir Trading Corp, Respondent Tamanna Chowdhury, as Registered Agent Inv. Sherry L. Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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 wifll 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 n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Vs. DEPT CASE NO.2007020481 MAHIR TRADING CORP. (Property Owner) Respondent(s) TAMANNA CHOWDHURY (Registered Agent) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) : 0441, as amended, of the Collier County Land Development Code, sections: 10.02.06[B][1][e], 10.02.06[B][2][a], 10.02.06[B][2][d],10.02.06[B][2][d][ix]. 2. Description of Violation: Ground sign without required permit. 3. Location/address where violation exists: 7392 Radio Rd 4. Name and address of owner/person in charge of violation location: Tamanna Chowdhury, Registered Agent, 409 N.E. 2nd Street Belle Glade, Fl 33430 �. 5. Date violation first observed: 2-12-07 6. Date owner/person in charge given Notice of Violation: 7-31-07 7. Date on/by which violation to be corrected: 8-23-07 8. Date of re -inspection: 10-18-07 9. Results of Re -inspection: Sign remains without required permit. 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 p bli e ' g. Dated this 12th day of November, 2007 Sherry L. Patterson STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER w4p Sworn to fu/� med) and subscribed before thi day of Ike, , 2007 by MARLENE G. SERRANO Notary Public, State of Florida Comm No DD 401145 (Sign of Notary Public (p�� eM 0 �§s46 fg[I 4, 2009 Name of r 1st State Insurance Personally known or produced identification Type of identification produced REV 3-3-05 2; Case Number 200702`04811 COLLIER COUNTY CODE ENFORCEMENT i� NOTICE OF VIOLATION O.. _.:.r. MAHIR TRADING CORP. Date: 7-20-07 Investigator SHERRY L PATTERSON Phone: 239-403-2314 [PROPERTY OWNER] TAMANNA CHOWDHURY [[REGISTERED AGENT] SUNOCO [BUSINESS] Mailing: 409 N.E. 2"o STREET BELLE GLADE, FL 33430 US 7392 RADIO RD NAPLES, FL 34104-6708 Zoning IMPROVED Sec Dist COMMERCIAL Legal: COUNTRYSIDE Subdivision BERKSHIRE LK 3 Location: 7392 RADIO RD Folio 28530360108 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. ®Ord No. 04-41 , as amended Section 10.02.06[B][1][e] n EP-4,No. 04-41, as amended Section 10.02.06[B][2][a] ®Gird. No. 04-41. , as amended Section 10.02.06[B][2][d] ®Ord No. 04-41 , as amended Section 10.02.06[B][2][d] Cx] DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). INVESTIGATOR: SHERRY L PATTERSON Did Witness: ON 7-17-07 1- GROUND SIGN - SUNOCO, WITHOUT REQUIRED PERMIT. THIS IS CONTRARY TO THE COLLIER COUNTY LAND EVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. nSUDDlemental attached INQUIRIES AND COMMENTS SHOULD E D TO CODE ENFORCEMENT INVESTiGATOR: SH ATTERSON Investigator signature 2800 HORSESHOE DR N [23 403-2314 FAX: [239) 304-3938 NAPLES, FL 34104 VIOLATION STATUS ®Initial ❑Recurring ❑Repeat 05 Twp 50 Rng 26 Block 11 Lot 2 OR 2131 Page 1957 Book You are directed by this Notice to take the following corrective action(s) OBTAIN PERMIT AND ALL REQUIRED INSPECTIONS FOR THE DESCRIBED SIGN, OR REMOVE. CERTIFICATE OF OCCUPANCY MUST BE OBTAINED WITHIN 60 DAYS OF ISSUANCE OF AFTER THE FACT PERMITS. CEASE ALL FUTURE PLACEMENTS OF SIGNS OTHER THAN THOSE IN COMPLIANCE WITH THE COLLIER COUNTY LAND DEVELOPMENT CODE. I ISuoolemental attached ON OR BEFORE: AUGUST 23RD 2007 Failure to correct violations may result in: 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service Certified Mail ❑Fax []Mail Signature and Title of Recipient ❑Posting of Property Print Dated this 20T" day of Jl'LY 2007 3• E V. Y 0 0 OxN[a z z H � N W U E-1 H o W E-4 CV M co v 0 N O h 0 O N I N z N rn rd U o Em �m 0 `E mE ao �o o .,299 h9T9 S000 OST2 900Z �m M N y y L y 4.¢ 0— z ❑ ❑ Ld:❑ m KI r� d ? ❑ C) T - n Q cI E 'CT m m Z �v u'S¢Ci ni Z .A 01 -a �m �� p ri r 0 m ? fA cmi y w ° Ln rn $ v} ; $ ¢ c N D d x m d j c J\ O v O Ll'J rLi m m > m omm0E a Owui WDO wM oaH v _ >vL� aa� U x N w r- o f o mmm mm N O 7 C7wC-1 0 ; N m 0 m H O N W l t m p W A m E E m v V p y . EN t, z �mamm m azzz W a E. r gm �rotw ° H a N E e a'-o av EEcw(°a.o o w p m v z a y _ r _a 0 m a � • tt ► 1 4 I ":. K •'TVA V < 4 LTCU V C5 ... a 'v ! �, i tom(' t fu - h e4`�,L4) co a -- N w ¢ FQ-• c W z o � 4 LO cm m m - LL r•.. G6-t-y mrom m ma o « `o i mg03d C, c oo= ao cc_ a ° >m ommm °m Too m a o o_ y om �� m m ,C d0 m mm m m O.L'7 eo -CME m -,0>E �E my«� Y mma"m ow mom ee y 7 mGxj m °•' L m o U m 3 Or :0' mE �En =' CLTa, m c Wm memo in° �aa < 3 $ V LL 0 m a m-O m- m'LY '0 3 O ,A 5mOm o OW cn 3 ¢¢°Ec�Q 'm m m0 M a a .°mx C m y asm m ID -SE Em` T ¢>.mL �mm° -yi�m.M�o a m ow ¢> az¢oQ�SEW � �E aC�am° a a ¢ SO==>c� coyL v Bam° mzhm(cQM , oam'_m� •}c� Za° Uc mo Um. mm a7 Fcm(tdCEa O W -Ow - O Oy� QN DLLm`qmE` -jC? dO i0- 2 ¢a•°Ow E m ym maC y �.0.0W ^•.9 C CD m~aam� mmE Ery d o ��,� Zo c�ncLm m�L' o«a Z C '•- E m i r r 2 m>�w vo amm dQQQ °yUUZ>u°mxammtimd�a FQ- GG d ii C7 ■■■ gm ■ ■ ■ a ■ �a L/. 10.02.00 APPLICATION REQUIREMENTS Page 1 of 5 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. 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 after 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, 10.02.00 APPLICATION REQUIREMENTS Page 2 of 5 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless 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 pennit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier A*-*N 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 10.02.00 APPLICATION REQUIREMENTS Page 3 of 5 permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 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 n 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. Forma 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. 10.02.00 APPLICATION REQUIREMENTS Page 4 of 5 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 cant' 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. Vill]. 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 10.02.00 APPLICATION REQUIREMENTS Page 5 of 5 relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. This Document Prepared by and after recording return to: Michael A. Durant CONROY, CONROY S DURANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 Naples, Florida 34109 Parcel to Number. 28530360108 Warranty Deed 4039948 OR: 4250 Pc: 3965 RICOROID ill OFFICIAL REM01 of COLLIII COUTT. IL 06/28/2001 at 02:19PK DVI21 I. BROCK, CL111 COLS 3200000.00 RIC FEE 18.50 Ida:DOC-.10 22400.00 C0E10Y C011101 If AL PICK DP This Indenture, Made this , /d ay of June , 2007 A.D.. Between Santa Barbara Fuels, Inc., a Florida corporation of the County of , State of , grantor, and Mahir Trading Corp., a Florida corporation whose address is: 409 NE 2nd Street, Belle Glade, FL 33430 of the County of Palm Beach , State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration ofthe sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS. and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Collier State of Florida to wit See attached Exhibit "A" incorporated herein by reference. Subject to real property s for the year of closing; zoning, building code Sp us ctions imposed by governmental authorit ;(— standing of and mineral interest of A* —IN record, if any; res ri reservati ns d easements common to the subdivision. .0—*N �'�'IEE CIRC and the grantor does hereby fully wan -am the title to said land and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Santa Barbara Fuels, Inc . , a Flo ida co orption _fit By : (Seal) Printed Name: S Kevin P. Brinkho , President Witness / P.O. Address:7392 Radio Road, Naples, FL 3410�,istwnttet".•. :? , Printed Name: o (— .' ``{t.�y • Po` `� Witness "v' tCo;p'te STATE OF Fiflri3o Wll e&75111 4 '•. �" �,,.�a+( :` COUNTY OF Ge33iOR,Q[l>`pq.�/�'Jf�i 2��(''•:..�� The foregoing instrument was acknowlf efore me this day of JIIn@ y" y Kevin P. Brinkhoff, President of Santa Barbara Fuels, Inc., a Florida. corporation on behalf of the corporation who is personally known to me or who has produced i\-'es as identification. Printed Name: r.r. (fin wry Notary Public /� ' My Commission Expires: ��I7,,,t..., arn SANZA BARB tGenuud by O D'upky Sy- 2W7 (963)76.U55„ Fm r1WD-II/ *** OR: 4250 PG: 3966 *** EXHIBIT "A" All that part of Tract 11, COUNTRYSIDE AT BERKSHIRE LAKES SECTION THREE, according to that plat thereof as recorded in Plat Book 14, pages 79-80, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 5, Township 50 South, Range 26 East, Collier County, Florida; thence along the North line of said Section 5 and the centerline of Radio Road North 89 degrees 35' 47" West 100.03 feet; thence leaving said line, South 01 degrees 02' 39' east 75.03 feet to the Northeast corner of said Tract 11 and the Point of Beginning of the parcel herein described; thence along the East line of said Tract 11, South 01degrees 02' 39" East 180.00 feet; thence leaving said line, North 89 degrees 35' 47" West 160.00 feet; thence North 01 degrees 02' 39' West 180.00 feet to the North line of said Tract 11; thence along said North line 1 8, 35' 47" East 160.00 feet to the Point of Beginning of th , LESS AND EXCEPT, the lands described as PaC4inhat Orde q aking recorded in official Records Book 4075, p geRecords of Ilie County, Florida. I RASanta Barbara Fuels, InclDocumcntsEXH1BITA. Santa Barbara doe BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. MAHIR TRADING CORP. Respondent(s), STIPULATION/AGREEMENT DEPT NO. 2007020481 COMES NOW, the undersigned, Aw+m Fp" -t— , on behalf of himself or Mahir Trading Corp. 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 2007020481 dated the 28th day of February, 2008. 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 February 28t" 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06[B] [1] [e] [i], 10.02.06[B] [2] [a], 10.02.06[B] [2] [d], 10.02.06[d] [ix] of the Collier County Land Development Code and are described as a ground sign without required permit. . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $439.26 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining required permit[s] and inspections, affixing the permit number to the sign, and receiving a Certificate of Occupancy within 30 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) If the respondent does not wish to permit the aforementioned sign, then the sign shall be removed, including the supporting structure, within 30 days of this hearing or a fine of $150.00 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 abatemjnt. Respondent I rMichel e.Arnold Dire tore' Code Enfor ement Department Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. MAHIR TRADING CORP., TAMANNA CHOWDHURY, R.A. Respondent CEB NO.2007020481 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 That Mahir Trading Corp. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing in person and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 7392 Radio Road, Naples, Florida, FOLIO 28530360108, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(13)(2)(d)(ix) in the following particulars: Ground sign without required permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(13)(2)(d)(ix) be corrected in the following manner: 1. By obtaining all Collier County Permits and all required inspections, affixing the permit number to the sign, and receiving a Certificate of Completion within 30 days (March 30, 2008). 2008). 2. In the alternative, by removing the sign, including the supporting structure, within 30 days (March 30, 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of $150 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by March 30, 2008, then there will be a fine of $150 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $439.26 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day offfi(Q-Cf,, 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, F4Dve BY: Geraldk'T&eF//eb , Ch 2800 North H rsesho Naples, Florida 34104 The foregoing instrument was acknowledged before me this 9 day of MaMK , 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. °'•", = MY IQ�IS7ICOMMISSION i l>D sNEHOLTON� a 59r5 NOTARY PUBLIC • EXPIRES: June 18, 2011 ,'••'' BaWedThNNowYPubicUndenvritars 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 Mahir Trading Corp., Tamanna Chowshury, R.A., 409 N.E. 2"d Street, Belle Glade, FL 33430 this q'1/4--dav of rAQ,Y Lh , 2008. 0"1W Of COLLIER I HEREBY CERTIFY THAT. thf ,70rrect copy of a docum * bkole.h Board Minutes and Recces o#, `MITNESS my hand and'ffic%I day of - A 1-ttvbk- QW a E. BROCK, CL9 00` M, Jean R on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. D MAHIR TRADING CORP. EPT NO. 2007020481 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ALIAM F'V�l �- , on behalf of himself or Mahir Trading Corp. 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 2007020481 dated the 28t' day of February, 2008. 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 February 28�' 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06[B] [1] [e] [i], 10.02.06[B] [2] [a], 10.02.06[B] [2] [d], 10.02.06[d] [ix] of the Collier County Land Development Code and are described as a ground sign without required permit. . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $439.26 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining required permit[s] and inspections, affixing the permit number to the sign, and receiving a Certificate of Occupancy within 30 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) If the respondent does not wish to permit the aforementioned sign, then the sign shall be removed, including the supporting structure, within 30 days of this hearing or a fine of $150.00 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 abatemnt. .� Respondent—�' Michelle Arnold, Director Code Enfor ement Department Date Date REV 2/23/07 t 4039948 OR: 4250 PG: 3965 3' RECORDED in OPPICIAL RECORDS of COLLIER COP"T. This Document Prepared by FL 06/28/2D01 at 02:19PE DRI2T E. BROCK, CLERK and after recording return to: coils 320000 0 Michael A. Durant 0.D.00 REC PEE CONROY, CONROY 6 DURANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 DOC-.10 22400.00 Iota: Naples, Florida 34109 COEROT COEROI if AL PICK DP Parcel lD Namber. 28530360108 Warranty Deed This Indenture, Made this 1day of June , 2007 A.D.. Between Santa Barbara Fuels, Inc., a Florida corporation of the County of , State Mahir Trading Corp.,rp.a Florida corporation of grantor, and whose address is: 409 NE 2nd Street, Belle Glade, FL 33430 of the County of Palm Beach , State of Florida , grantee. Witnesseth that the GRANTOR for and in consideration ofthe am of ------------------------TEN DOLLARS ($10) — — — — — — — — — — — — — — — — — — — — — — — DOLLARS. and other good and valuable consideration to GRANTOR in hand paid by GRANTEE. the receipt whereof is hereby acknowledged. has granted. bargained and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land, situate. lying and being in the County of Collier State of Florida to wit: See attached Exhibit "A" incorporated herein by reference. Subject to real property zoning, building code Sp us governmental authorl. ;C standing of record, if any; rag ri reserve the subdivision. tti n L Wo for the year of closing; ctions imposed by k�and mineral interest of s d easements common to F+ and the grantor does hereby fully warrant the tide to said land, and will defend the same against lawful claims of all persons whomsoever In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Santa Barbara Fuels, Inc., a ' Flo ids' co orption Printed Name : rP _ L� BY: (Seal) �S via P. 8riakho , President Witness / P.O. Address: 7392 Radio Road, Naples, 171, 3410,pits"trun... �r-'.''� ••~' '_ Printed Name: Q _ ` �: ;P Witness Y tin .6 in i a •v * 6 .4 on. STATE OF 1!�arrda lU%SL0/IS%N try.+ ':c0�: COUNTY OF ceeir � $ , '••,..... syrith(I�+y The foregoing instrument was acknowkd eforc mevtlhu 2(/ ` day of June rJ''tytr by Kevin P. Brinkhoff, President of Santa Barbara Fuels, Inc., a Florida corporation on behalf of the corporation who is personally known to me or who has produced i S as identification. Prints Name: l , , ACV Notary Public—�1 r`1% wr. CaN4a naeo My Commission Expires: � 1,y L t Zoo g � (f *** OR: 4250 PG: 3966 *** EXHIBIT "A" All that part of Tract 11, COUNTRYSIDE AT BERKSHIRE LAKES SECTION THREE, according to that plat thereof as recorded in Plat Book 14, pages 79-80, Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Section 5, Township 50 South, Range 26 East, Collier County, Florida; thence along the North line of said Section 5 and the centerline of Radio Road North 89 degrees 35' 47" West 100.03 feet; thence leaving said line, South 01 degrees 02' 39' east 75.03 feet to the Northeast corner of said Tract Il and the Point of Beginning of the parcel herein described; thence along the East line of said Tract 11, South Oldegrees 02' 39" East 180.00 feet; thence leaving said line, North 89 degrees 35' 47" West 160.00 feet; thence North 01 degrees 02' 39' West 180.00 feet to the North line of said Tract 11; thence along said North line 1R8 35' 47" East 160.00 feet to the Point of Beginning of t e , LESS AND EXCEPT, the lands described as P 4 in that Orde q aking recorded in official Records Book 4075, p ge is Records of lie County, Florida. RASanta Barbara Fuels, Inc\Docwncnts\EXHIBITA.Santa Barbaradoc TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Patriot Square, LLC., Respondent(s) Dennis E. Claussen (Registered Agent) CASE No. 2007060341 ITEM Notice of Hearing PAGE S Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3-4 Deed 5-12 13-15 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, ^ COLLIER COUNTY, FLORIDA, VS. Plaintiff, Dept. Case No. 2007060341 PATRIOT SQUARE LLC DENNIS E. CLAUSSEN AS REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes and Collier County Ordinance No. 07-44, you are hereby ordered to appear before the Code Enforcement Board on the following date, time, andplace for the violation below: DATE: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4143 Tamiami Trail E. ^ SERVED: Patriot Square, LLC, Respondent Dennis E. Claussen, as Registered Agent Inv. Sherry L. Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:p0AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may documents, witnesses and/or evidence to be relied upon for the testimony any and all 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 received by the Secretary to the Code Enforcement Board at least five (5) business 1 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. DEPT CASE NO. 2007060341 PATRIOT SQUARE, LLC (Property Owner) DENNIS E. CLAUSSEN, (Registered Agent) 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. ViolationofOrdinance(s):04-41, 10.02.06[B][1][e][i], 10.02.06[B][2][a], 10.02.06[B][2][d], 10.02.06[B][2][d][ix], of the Collier County Land Development Code AND 2004-58 sec. 16[1][n][3] of the Property Maintenance Code. 2. Description of Violation: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. 3. Location/address where violation exists: 4143 Tamiami Tr E [Folio# 394440004] 4. Name and address of owner/person in charge of violation location: Dennis E. Claussen, Registered Agent, 1410 West Irving Park Rd. Chicago, IL 60613 n 5. Date violation first observed: 6-5-07 6. Date owner/person in charge given Notice of Violation: 7-2-07 7. Date on/by which violation to be corrected: 8-7-07 8. Date ofre-inspection: 10-17-07 9. Results of Re -inspection: Sign remains without required permit, and in state of disrepair. 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 Cpde bave fai d as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a Dated this 17th. Day of October, 2007 Sherry L. Patterson STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this f � day of f%�(2007 by MARLENE G. SERRANO Not ryo Public, State of Florida n (Si a e of Notary Pub c) (Print/T Name o Ilb ®t St # fl® , 2009 Personally known or produced identification Type of identification produced REV 3-3-05 Case Number 2007060341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION L . r: PATRIOTS SQUARE LLC Q Date 7/02/07 Investigator Sherry Patterson Phone: 239-403-2314 [PROPERTY OWNER] DENNIS E CLAUSSEN REGISTERED AGENT Mailing: 1410 WEST IVING PARK RD CMCAGO, II.60613 Location: 4143 TAMIA n TR E Legal: Subdivision 100 ACREAGE Block 049 Lot .000 Unincorporated Collier County NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0744, 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. 0441 Section 10.02.06[B][I] No. 04-41Section LeirOrd 10.0 10.02.06[B][2] 64-41 ,Ord No. Section [a] 10.02.06[b][2] ®Ord No. 04 41 Section [dl 10.02.06[b][2] ®Ord No. 2004-58 S Section [d][i] 16[1][n][3] ❑Ord No. Section DESCRIPTION OF CONDITIONS CONSTITUTING VIOLATION(S). THE INVESTIGATOR: SHERRY L. PATTERSON Did Witness: ON 6-5-07 1- FREESTANDING SIGN FOR: PATRIOT SQUARE WITHOUT REQUIRED PERMIT. SIGN HAS MISSING PANELS AND EXPOSED INTERNAL WIRING THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND TO THE PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. 1Ly uMlemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: her atte 2800 No. Horseshoe Dr. Naples, FL 34 4 5ak 403-2314 ) 304-3938 1 Aigator signature VIOLATION STATUS: ®Initial [—]Recurring ORepeat Folio 00394440004 OR Book 3555 Page 3931 ORDER TO CORRECT VIOLATION(Sl You are directed by this Notice to take the following corrective action(s) OBTAIN PERMITS AND ALL REQUIRED INSPECTIONS FOR THE DESCRIBED SIGN, IF ATTAINABLE, OR REMOVE. REMOVAL IS TO INCLUDE SIGN STRUCTURE. AFTER THE FACT PERMITS MUST RECEIVE A CERTIFICATE OF OCCUPANCY WITH 60 DAYS OF ISSUE. CEASE ALL FUTURE PLACEMENT OF SIGNS OTHER THAN THOSE IN COMPLIANCE ❑Supplemental attached ON OR BEFORE: AUGUST 7, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prose..;ution. SERVED BY: ' ❑Personal Service Certified Mail ❑Posting of Propert_ [—]Fax ❑Mail Signature and Title of Recipient Print Dated this TULY day of 2 P 2007 �'_E6 9EZL t9 LL m nQ U m NCC 5 � Em vm 2m a m 2a � 0 N v ¢LU EO00 1] a zaa 0 Hzc�� o W vWiHo r `n > 'D o a � V) U EH 0 z d Q~ U) U N U W � a 09Z2 900Z v 0 0 N L 0 2 a aD L 7 rj 1v.v/-.vv t-rrl.IUAIIUN KEQUIREMENTS Page 1 of 5 � 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. 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 permits , 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, httD://librarvl .muninnde '1nnlit i«ico - - •- - - - I v.V/-.vv tirri,ik,ti i luiN K-CyU1XtMhN 1 S Page 2 of 5 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless 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 surrey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are, in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and n 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 httn://Iibrarvl.municode.com/neword-,/DocView/11992/1 /((/6R 10/1 7/?nn7 I v.v/..vv rIff ri luiN U11K-t1V1L1v 1 J Page 3 of 5 permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 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. httr)://Iibrarvl.municode.com/newords/DocView/13992/l/66/68 10/17/2007 I v.v/—.vv tl r r 1.11 l 11v1v 1"ZY V 11s'_I✓1V1D1V 13 Page 4 of-') 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. Vill]. 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 httn://Iibrarvl.municode.com/newords/DoeView/13992/l/66/68 10/17/2007 �� I V.VG,.VV C111 Ll1.ti 11lliN 1tC.YuIr%-CIvIr.1V 1J rage S of 5 relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. http://IibraryI.municode.com/newords/DocView/13992/l/66/68 10/17/2007 /3 �/1Z346g�e�,o, N l OCT 2W �\ ORDINANCE NO.2004-58 �� • 4� ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA � OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; tZLZ07, PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING —. 4 FOR NUISANCES; PROVIDING STANDARDS FOR SECURING r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING v^: cn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ?_ rri THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDINGV)L �.; FOR A NOTICE OF HEARING FOR REVOCATION OF cv t' m ^` BOARDING RENEWAL CERTIFICATE; REPEALING rnT --v Fn COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oN ZD 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL E! N CONSTRUCTION; PROVIDING FOR INCLUSION IN THE nrn — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards. resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight, weather -tight, insect -proof, and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertight, weather -tight and rodent -proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. C. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. e. Every window, exterior door shall be reasonably weather -tight, watertight, and rodent - proof and shall be maintained in sound condition and repair, and secured with proper hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shalt be properly installed and maintained in sanitary working condition, free from defect, leaks, and obstruction. li. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be 11� reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition. 17 i. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely, and effectively, and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted, or both. All siding shall be weather -resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non - vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. M. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. ri. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where 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 3392478 OR: 3555 PG: 3939 ncamm is omau amm of mum ao m, a 05/15/21#4 it 10:19H Man L I=, Can op THIS INSTRUMENT PREPARED BY: COa 2113N1.N Joseph E. Ujczo, Esq. IN M 13.4 Fla Bar No. 0138185 IOC'.11 11525.N Vogel Law Office, P.A. Iota: Suite B, Midwest Title Bldg. gum I IIl= 3936 Tamiami Trail North $129 C111W N 0 Naples, Florida 34103 ums n 3#113 (239)262-2211 PREPARATION ONLY WITHOUT OPINION WARRANTY DEED THIS WARRANTY DEED made the % F day of April, 2004, by PATRIOT SQUARE, INC., a Florida corporation, hereinafter called the GRANTOR, to PATRIOT SQUARE, LLC, a Florida Limited Liability Company, hereinafter called the GRANTEE, whose post office address is 1410 W. Irving Park, Suite 1, Chicago, IL 60612. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assign of-ffie-mdividuals, and the successors and assigns of corporations). co WITNESSETH: That a tor, for and in consi of the sum of $10.00 and other valuable considerations, t of Is owl eta, hereby grants, bargains, sells, aliens, remises, releases, co ve and co unto e 1 that certain land situate in �. Collier County, Florida, viz 1) a Property I.D.: 0394440 TOGETHER with all the ten and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003; zoning, building code and other restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record, if any; and restrictions and easements of record. Minn-0 OR: 3555 PG: 3910 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Patriot Square, Inc. Witness : a Florida corporation A f— (S-2n,- (Print N e S PPS (Si Michael A. Mancuso, President (Print Name y STATE OF FLORIDA � coil COUNTY OF COLLIER �Dy?'� The foregoing W cry—�ov-iiedg befo in this day of April, 2004 by Michael A. Mancuso, Pre id da ration, who is personally known to me or who has p du as identification. �p Si Y j c or Printed N EY Commission No. � Powt13 MY COAQYSSION t DD 130355 My Commission Ex l i EOFIEs: os ao�, muNQWywmoLVdWWhW E: TH.M1031032/3%WD-pd *** OR: 3555 PG: 3941 *** EXHIBIT A Commencing at the Southeast comer of Section 13, Township 50 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 13, North 01 °34' 17" West 149.72 feet to the Northerly right of way of U.S. 41 (S.R 90); thence along said right of way line North 39°05'20" West 2860.45 feet to the intersection of the Westerly right of way line of Lakewood Boulevard; thence continue North 39005'20" West along the Northerly right of way of U.S. 41 for 200.0 feet to the point of beginning; thence continue North 39005'20" West along the Northerly right of way of U.S. 41 for 200.0 feet; thence North 50°54'40" East 400 feet; thence South 39005'20" East 400 feet to the West right of way line of Lakewood Boulevard; thence South 50054'40" West 200 feet along said right of way, thence, North 3900520" West 200.0 feet; thence South 50054'40" West 200 feet to point of beginning, containing 2.75 acres more or less with a 20 foot water and sewer easement within this parcel; along the Northeasterly side adjacent to Lakewood subdivision and along the Southeasterly side adjacent to Lakewo v . Cq r i� SL. S r J •y" 4 ' � �l F'.,' F r X't II DE COC '•1 9r NN IV OR Oki t h , Z �e "". s , Jit f , e r % ' f z 2%2i ! 2ti. 08 14. 54 f CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. PATRIOT SQUARE, LLC., DENNIS E. CLAUSSEN, R.A. Respondent CEB NO.2007060341 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 l . That Patriot Square, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 4143 Tamiami Trail E., Naples, Florida, FOLIO 394440004, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(13)(2)(d)(ix) and Collier County Ordinance 2004-58, The Property Maintenance Code, section 16(1)(n)(3)in the following particulars: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(13)(2)(d)(ix) and Collier County Ordinance 2004-58, The Property Maintenance Code, section 16(I)(n)(3) be corrected in the following manner: 1. By clearing up all exposed wiring, sharp edges, and ceasing all electrical current to the sign, work to be done by a licensed contractor, within 30 days (March 30, 2008). 2. By obtaining all Collier Count Permits, all required inspections and Certificate of Completion within 60 days (April 29, 2008). The permit number is to be affixed to the sign. 3. If the permit is not obtainable, the sign and all supporting structures must be removed within 30 days (March 30, 2008). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of $150 per day for each day for each day the violation remains. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 29, 2008, then there will be a fine of $150 per day for each day for each day the violation remains. 6. That if the permit is not obtainable and the Respondent does not comply with paragraph 3 of the Order of the Board by March 30, 2008, then there will be a fine of $150 per day for each day the violation remains. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $384.67 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this day of 2008 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD, Gerald LeFe$vr Chair 2800 North H seshoe Dri Naples, Flor' a 34104 The foregoing instrument was acknowledged before me this :7� day of �-t &,r- h 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KRIS W HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 BmWod Thta NOWY PUW UW—"- . . I ' NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S Mail to Patriot Square, Inc., Dennis E. Claussen, R.A., 1410 West Irving Park Road, Chicago, Ill. 60613 this -7 day of 2008. 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 THIS INSTRUMENT PREPARED BY: Joseph E. Ujczo, Esq. Fla Bar No. 0139185 Vogel Law Office, P.A. Suite B, Midwest Title Bldg. 3936 Tamiami Trail North Naples, Florida 34103 (239)262-2211 PREPARATION ONLY WITHOUT OPINION WARRANTY DEED 3392178 OR: 3555 PG: 3939 nC011ID is omm MW of oo = Mil ?� 15/15/2114 at MIN Mar I. Nw, CM Cal 2/1SNI.N OC M 19.N btu: IOC-. i1 14125.N XW / I1lil7D $129 Chinni a $4 UFUS IS 31111 THIS WARRANTY DEED made the AF day of April, 2004, by PATRIOT SQUARE INC., a Florida corporation, hereinafter called the GRANTOR, to PATRIOT SQUARE, LLC, a Florida Limited Liability Company, hereinafter called the GRANTEE, whose post office address is 1410 W. Irving Park, Suite 1, Chicago, IL 60612. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assign in 'viduals, and the successors and assigns of corporations). R C % WPTNESSETH: That valuable considerations, aliens, remises, releases, co Collier County, Florida, viz for and in consi of the sum of $10.00 and other Vh=e owlcag hereby grants, bargains, sells, unto a that certain land situate in Property I.D.: 0394440 �O TOGETHER with all the ten and appurtenances thereto belonging or in anywise appertaining. TO HAVE A14D TO HOLD the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003; zoning, building code and other restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record, if any, and restrictions and easements of record. 9 r:•7MEs103w3w%wn..Rd W, OR: 3555 PG: 3910 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Patriot Square, Inc. Witn4Ne�— (Print a Florida corporation (Sig4k- C" = , (Si Michael A. Mancuso, President (Print NamPl Deborah AjY STATE OF FLORIDA COUNTY OF COLLIER The foregoing Wa by Michael A. Mancuso, I known to me or who has z R C�pU\ day of April, 2004, pation, who is personally identification. C� p Si C ed or Printed N POWLEY Commission No. , .UY 1 My Commission Eam" ��odnW. E:TMZSU 03%0s243%WD-0 *** OR: 3555 PG: 3941 *** EXHIBIT A Commencing at the Southeast comer of Section 13, Township 50 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 13, North 01 034'l 7" West 149.72 feet to the Northerly right of way of U.S. 41 (S-R. 90); thence along said right of way line North 39°05120" West 2860.45 feet to the intersection of the Westerly right of way line of Lakewood Boulevard; thence continue North 39°05'20" West along the Northerly right of way of U.S. 41 for 200.0 feet to the point of beginning; thence continue North 39°05'20" West along the Northerly right of way of U.S. 41 for 200.0 feet; thence North 50°54'40" East 400 feet; thence South 39°05'20" East 400 feet to the West right of way line of Lakewood Boulevard; thence South 50°54'40" West 200 feet along said right of way, thence, North 3900520" West 200.0 feet; thence South 50°54'40" West 200 feet to point of beginning, containing 2.75 acres more or less with a 20 foot water and sewer easement within this parcel; along the Northeasterly side adjacent to Lakewood subdivision and along the Southeasterly side adjacent to 7ewo . of F LURIUA county of COLLIER I HEREBY CERTIf Y THAT this Is a true and .orrect copy of a q-APA 'ri MIJi1 �n Board Minutes �w3on*.'?� �!a``t+er County► N�T�ESS my Ins..o ar, this 1h day of • Mix aWl r E. B KF.-OftRTS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jose Pineda, Respondent(s) CASE NO.2006070815 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 3-4 5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. JOSE PINEDA, Respondent Dept. Case No. 2006070815 Plaintiff, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3585 33rd Avenue NE SERVED: Jose Pineda, Respondent Inv. Jennifer E. Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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 n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2006070815 Jose Pineda, 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): 0441 as amended, Collier County Land Development Code, Section 3.05.01(B) 2. Description of Violation: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: 3585 33`d Ave NE Naples, FL 4. Name and address of owner/person in charge of violation location: Jose A. Pined 3730 7`h Ave NW Naples, FL 34120 5. Date violation first observed: 7/24/06 6. Date owner/person in charge given Notice of Violation: Posted Property on 4/10/2007 7. Date on/by which violation to be corrected: 5/10/2007 8. Date of re -inspection: 10/16/2007 9. Results of Re -inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the 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. 10_\ Dated this 16th day of October, 2007 STATE OF FLORIDA COUNTY OF COLLIER Vnnife . Waldron e Enforcement Investigator Sworn to (or a ed) and subscribed before this__�L 3 day of �� Lj_ (? r , 2007 by Jen Waldron 1 fi U S r 0), C/e j o (Si e of Notary Public) (Print/Type/Stamp Commissioned Personally known _ or produced identification Name of Notary Public) Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA '-Commission #DD723966 ' Expires: OCT.10, 2011 BONDED THRu ATLANTIC BONDING CO., INC. REV 3-3-05 COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Jose Pineda 3730 7`s Ave NW Naples, FL 34120 LOCATION OF VIOLATION (LEGAL AND ADDRESS) Within Collier County Zoning District: Estates Sec 17 Twn 48 Rng 28 Subd Blk Lot Parcel Of Collier County Record. Property ID: 40010800001 PUD Tract Unit SDP OR 3092 Page 3008 :OR Page AKA (Address) 3585 33rd Ave NE, Naples, FL NOTICE 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 following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ord No. Ord No. ,,.qrd No. ORDER TO CORRECT VIOLATIONS) You are directed by this Notice to take the following corrective action(s) IlVIl1gEDIATELY: Conduct no further vegetation removal or fill placement Remove all fill placed and compacted BY HAND as to avoid further impact to vegetation No heavy machinety shall be permitted And Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached) The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec 10 02 02 A 3 (Copy attached). The respondent is required to establish a monitoring program (10 02 06 E 3 e i) that would determine the survivability by species of the plants used in the mitigation effortA minimum of five reports will be submitted. Reports will be due at one year intervals 04-41 as amended Section 3.05.01(B) Section ON OR BEFORE rUD #s: Regulations: Sections: Dated: Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Vegetation has been removed on unimproved propeny and fill has been brought in without the required permits INQUnZJES AND COMNIEENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2444 Fax: (239) 403-2343 Investigator signature VIOLATION STATUS: ®Initial ❑Recurring Repeat 4th February 2007 PENALTIES MAY BE IMPOSED 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per violation. 2) Code Enforcement Board review finds a violation exists, a maximum fine of $1000.00 per day in the case of a first violation., as long as the violation remains, and costs of prosecution. SERVED BY: ®Personal Service ❑Certified Mail ❑Posting of Property I, HEREBY acknowledge that I have received, read, and understand this notice of violation. Signature and Title of Recipient Print Dated this 4th day of January 2007 Reference case number: 2006070815 Nntice of Violstinn Original to File Cnnv to Respondent Cnnv for Sitr Pnctino Respondent(s): Pined, Jose 3730 7th Ave NW Naples, FL. 34120 AFFIDAVIT OF POSTING 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, Jennifer Waldron (Code Enforcement Official) oz�_ Code Case 2006070815 CEB # , do hereby swear and affirm that I have personally posted the above described document(s) for the above respondents at 3585 33rd Ave NE Naples, FL (Address) on 04/10/07 (Date) STATE OF FLORIDA COUNTY OF COLLIER 2:20 DAM ®PM (Time) ,and at the Collier County Courthouse. Sigoituf Environmental Specialist Title Sworn to r affirmed) and subscribed before me this day of ff 200-3—, by n i . Q l tJrt (Nf s riaking statement (Signature of Notary Public) n Personally Known '�_/— Produced Identification Type of Identification Produced (Print, type or stamp :dnii e of Notary Public) MARLENE G. SERRANO Notary Public, State of Florida Comm No DD 401145 My Comm exr)irac AA- , n. Affidavit of Pngtinv n,an;. ,i +, V:,,. _r„_ ___ I I.__• _ , „ , . ,. , 1 h 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. *** 3031956 OR: 3092 PG: 3008 *** HCONDID la O!lICIAL 11CO10S of COLLID CODRT, !L wARRAMYDEED 08/11/2042 at 01:06AN HIM 1. IROCI, CULL MM'TO�NW' CONS I8000.00 Return W.(enclosed adf•addrrated ramped envelope) Name: Action Title Sens m IIC !11 6.00 Address 3733 Tamiami Trail North DOC-.70 126.06 Naples, FL 34103 Utz: flab IMrumem Relared b). WZ%DA HAVV4 Address 3733 Tamiami Trail North ACTION TIM CO Naples.M 34103 lla O! ftw"YAppnixnParcel ldentification (Folio) Number(s): 40010800001 File No.: 202070090 SPACE ABOVE THIS UNE FOR RECORDING EtATA This Warranty Deed Made the 11-A day of August A.D. 2002 by PERMANAND PURAN whose post office address is 1241 Sussex Dr., North Lauderdale, FL 33068 hereinafter called the grantor, to JOSE PINEDA whose post office address is 161 7th Strut NW - Naples, FL 34120 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the hens, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of S10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirtns unto the grantee all that certain land situate in Collier County, State of, viz ALL OF TRACT 74A, GOLDEN GATE ESTATES, UNIT NO. 65A, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 9, PAGE(S) 46, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. GRANTOR WARRANTS SUBJECT PROPERTY IS VACANT, UNIMPROVED PROPERTY AND IS NOT THE HOMESTEAD PROPERTY OF GRANTOR, NOR IS IT CONTIGUOUS TO HIS LEGAL HOMESTEAD. Subject To covenants, conditions, restrictions, reservations, limitations, easements and alinements of record, if any-, taxes and assessments for the year 2001 and subseque d to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authgPitie ¢ty(-� n\ Together, with all the tenements, he i — app eltI To Have and to Hold, the same in f st ' e forever. And the grantor hereby covenan wit sa 11 nior is the grantor has good right and lawfu aut on to se vey sitio land, will defend the same against the is 1 cl ' In Witness Whereof, the said g nto SW n se I Signed, sealed and dptiwred in tiv !►� f?it�/�/it ��R.4 y Witness signature Signature Printed Name: belonging or in anywise appertaining. seized of said land in fee simple; that by warrants; the title to said land and hp diy and year Grit above written. ti lam[- I LfLLtr. witnets sigtuture St,gnahur Printed Name: STATE OF FLORIDA orn�°' The foregoing instrument was acknowledged before me this -L day of August, 2002 by, PERMANAND PURAN who is/are personally known to me or who has/have produced drivers license as identification and who did not take an oath. Notan Public, and County Aforrwd /ANSlab of �wr pu�,c Star a I7aiQs ah our n. angry Aup 21. 2m No ODDS19M P ` �. , / rF n � n - �� ►t ,� 'l � •. N�}. i � Ali � • �,;I , +d t f{�` w'' 1-, 'if•s'yr h f ,`�� rt ,'J�s a .55 . n r i i .Y ♦ fr i r .. �� M � +Y erg' • A , . v w 02/27/2008 1. , , *• r6-` fr�/ /r Y s67.t r t - .a �'• ,r.. , ,µ 1 i t Af.a ..^r- �� .', .J. a 9 •41'i�""17 ►,i .fi i~,tP' ii# r'°•, f + �.! r,' „R, " '` _ �'�7's��7'� . `Sr".�,,.. .ti `_b •,��,r „y�.x •:r,��'C+. ��i s e .:� ...s. �` � f, JI bR .. .+:� ,s � '� , � 1 R,t a i+� r '•' ` l m ."'.. ` ...`.' ' , ' p, ': rs"^r* mTn^ ..,.. s •�a+•1 v� t +U, � �... ..y w' �+ � ! �• � ". �y, �`' - A I 4; '' 'v�. `P . � ,� a + t .� �� .!}moo"' a. � .. .� • 1�' �i. • �� r t ' �� ... R .:! �. r""° ,�. It r .t t, M. � tV a,? . �� , � • '� i S. Ak 41 AV u � .► , a:, �F ' �� c � e'er •- " �-_ +k ` IL �'�Y l # ,i• �y ; 1 r a r 6 A-W� y'�y/ ss•. "' t r .e . &A" �sxf� x , - w� _ ,;+• t�}� - 24 W-4 y��,.� r� }Q(jq •� 1.. abs'r � � s"f'� i, .t� �,�"a.� :rr � i .t,, .d�s�.t� M1til'at. ��. R'.. i�� "�« ,�+ + r}•..1�:j � 1. ,�, ,xJ'.�,'t1 R,},�:, SK w+i,`r � r. r 'C dl �yi � - _r {' 1 - w . � .. ��` 1 a�� w �? • 'i7d � k .* � �k� A t e •: T • y i x i .Y AS _ f - '' Sr13 ^•i s s F'�••I_ 'I''.T d .�,.` P i(� t n _ �", %'. - . , .• - r z� ,� � rR�" �•i,r�" � + � i , � .,ij w t A '"s .4'�JI t, ' t. �"��r f �1,�' .,.:. � AA x. \ > ' '.`'.. 50 ,.. ".#..: .{ + _1Tl ""liti-gis yt F" •F.f' -/'� f XJ^ a y 'y • P , t� t „ • y i,. `�� ,w � sr �d, , "!T `iy.,t�v� ��T�„y a ,✓ N:�.. n t. t Z f s -� �: t'f ".� 5�: �: � t r. .: #: r.s } �' f' . Q ti . tr �. } �` �; � ' "t • r r' .c�, i{x'�s a #�, _.Ar �. ��,� � F _�5.. ..: ,M �, � 1 , yi�rs w • � - { 1..` * :t!: <--� � y s i, I i t �i-Vim , .ci. ` i• �'3'''�""'" k.. '� rt•^9'"# 5y4-:� r_, 1, ,.., i .� ",« e; +fix � 1 x �. •x�iR s c r \a •� ra,a. < ,fir, �. • '' FS- Y'i' '!• � 4: � � '� ::' "� *' �;jF,�r x.. 'cs .•., w_ vim.....: 'r F � } � _ .R�ixl. ,•,� "`{n �' V S 1�'` V- ;"' ' •+ r • �1 _ _ �'• ti :'�E 4 dd ors {yy4A, T'",. `r',�, 4•'i"d F19�s^. t,AsA` A w _ ,�"w'.,�. „` _ s OP Vol o t 0.4 yam, .Jyy t��` x ��•`" 1+�_V ,� 1i ;v ;iR .•i.. �Mi ` J�'sI..J r� �r . .}" i i " a S� • 3'+2AA �. .r ♦ , "��, � � �H: t'f �. (�+ii - �' is � s -7 fet � ny g� - . � �. f � q��•n ; ''�'� l ''• ki q � a'te- i r'•' c� � `) a� I � r t • � a= 9 ,,. "1 � "" - � � ..� �.� •,pi �fi !, r , c !' q ° f�x �1-, � �j � i r �, � -- ` � = r ,. P h/ • r � � �� F L r �� "lr 3 Z ..£ .r .:r :^lh �+ 1.:. I! ••4• •"fr i-r ✓'ram 4,g h i` -i F'.. �'�`X ",� :',4 w - +i`-.�� a' P• G -� J r :Y. ::• ��N'J. r�(rt ri ^Y Isar. «r,i �... ol xx 481 . i ,. F �i . �' � � s r U 7 •.t .. ��' � r� t�^r: - p :r t s,d% qG' Y', r s� '.i!' • "i i ..—.,; . ,_. -_ .',�'° _':< � �: •..r .. w-r . -d� .� ..ice, ,-� � -r' _ �, .. -.� _ �.. � W, -• :,� �..,:: : >r � . _. � �� , d �,^, het - _.pt'.. y,,,. . # ,�, r• �. - _, :�',., r,�(�! :ta. �f i �- i�A" �''r ,p,�e, �r:,-^` q �, r! /~ 1 aw`"s' _ -^' ,- ,.:k d•,�" �'"' 1 -� r;.-"•° .-�^�+q^,'�`�.. s^ ,#'�f '+AF':. J `a �"� rd:.• "'i' ��"`#C '�� . ,,�Y��- x . , .i*i ,ter ,., 1h� s v r . 0 • �.. C ,.0 a; —" �ityr � ,,, z ia'"* �• � _sue tic , ' ,� a`�' F� : �T� � \-f • `fit •.x�.-�. „-,- „y► ,gyp ., it.' - . , $ �� v r 4 m w �., ::• �.. r*.. ,•p,,. _ , -,�,.'" ''��, �..- .`� .. +�. - `. s° { it ..m '." Ab" Y ,x d , Y q�r w CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. vs. Petitioner, CEB NO. 2006070815 JOSE PINEDA, Respondent FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 That Jose Pineda is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing in person. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 3585 33`d Avenue N.E., Naples, Florida, FOLIO 40010800001, more particularly described as All of Tract 74A, GOLDEN GATE ESTATES, Unit No. 65A, according to the Plat thereof, of record in Plat Book 9, Page 46, of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B)in the following particulars: permits. Vegetation removed on an undeveloped property without obtaining the proper required Collier County ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) be corrected in the following manner: 1. By removing all fill brought on to the property prohibiting the growth of vegetation by hand so as to not disturb any additional surviving native vegetation within 15 days (March 14, 2008). 2. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 10.02.06.E.3 within 30 days (March 30, 2008). 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. 3. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 14, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 30, 2008, then there will be a fine of $200 per day for each day the violation remains. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 120 days of acceptance of mitigation plan, then there will be a fine of $200 per day for each day for each day the violation remains. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $398.10 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 44— day of M OL(Qi-, 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FWRIDA 2800 Northrseshoc Naples, FloAda 34104 The foregoing instrument was acknowledged before me this q4— day of M CtXGl--,,, , 2008, by Gerald LeFebvre , Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE HOLTON 1V�/1�yy�D T T71=� �i lam\ MY COMMISSION # DD W595 NOTARY PUBLIC '. EXPIRES; June 18, 2011 M commission expires: R� hdt Bwdea rnN Notary Pubk UAGM..ter$ y P �ts�s of F►ARIAJA 1 HEREBY CERTIFY THATft h ;orWt copy of a dorur rtt go jI Board Minutes and Res it t ,WNESS my hand arW of IC14 j ..14Z day of 1-o6k CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy, eLthis ORDER has been sent by U. S. Mail to Jose A. Pineda, 3730 71h Avenue N.W., Naples, FL 34120 this _ day of DAn ,,, C p, , 2008. M. Jea Raw , Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Vanderbilt-Devco LLC, Respondent(s) Raymond Bass, JR, Registered Agent CASE NO.2006070496 ITEM Notice of Hearing ^ Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 3 4 5-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. Dept. Case No. 2006070496 VANDELBILT-DEVCO, LLC, RAYMOND BASS, JR AS REGISTERED AGENT, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 7071 Hunters Road SERVED: Vandelbilt-Devco, LLC, Respondent Raymond Bass, JR, Registered Agent Inv. Jennifer E. Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n. BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Vanderbilt-Devco LLC, owner, Raymond Bass, Jr. R/A, Respondent(s) DEPT CASE NO.2006070496 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): 04-41 as amended Collier County Land Development Code section 3.05.01(B). 2. Description of Violation: Vegetation removed on undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: 7071 Hunters Road Naples, FL 4. Name and address of owner/person in charge of violation location: Raymond Bass Jr. R/A for Vanderbilt-Devco LLC. at 2335 Tamiami Trail North, Suite 409 Naples, FL 34103 5. Date violation first observed: 7/6/2006 6. Date owner/person in charge given Notice of Violation: August 81s, 2007 7. Date on/by which violation to be corrected: September 10'', 2007 8. Date of re -inspection: October 18th, 2007 9. Results of Re -inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of October, 2007 STATE OF FLORIDA COUNTY OF COLLIER Jyfi Waldron Code Enforcement Investigator Sworn to (or a ed) and subscribed before this a day of a . Q-, , 2007 by Jen Waldron. qD ob r�rzSo ( afar blic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY IMUC-STATE OF FLORMA I;;:_•: Yousi Cardeso Commission #DD723966 .•r` EaPires: OCT 10, 2011 BONDED THRU ATLANTIC BONDING CO., INC REV 3-3-05 7 c COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Raymond Bass Jr. R/A for Vanderbilt-Deveo, L.L.C., ORDER TO CORRECT VIOLATION(S) ,'`Owner You are directed by this Notice to take the following _335 Tamiami Trail North Suite 409 corrective action(s) Naples, FL 34103 EVEWEDIATELY: LOCATION OF VIOLATION (LEGAL AND ADDRESS) Conduct no further vegetation removal. And Within Collier County Zoning District Sec 06 Twn 49 Rng 26 Subd White Lake Obtain valid permit for fence and obtain all inspections Corporate Park and Certificate of Occupancy. Blk Lot _ Of Collier County Record. PUD Tract Parcel Property ID: 283680001 Unit SDP OR 3756 Page 1692 :OR Page AKA (Address) 7071 Hunters Road Naples, FL 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. Ord No. 04-41 as amended Section 3.05.01(B) Ord No. Ord No. _ (JD #s: Regulations: Sections: Dated: Section Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Vegetation removed on an undeveloped property without obtaining the proper required Collier County 12ermits. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2444 Fax (239) 304-391, Investigator signature VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat And Once fence permit is obtained, an After -the -Fact Vegetation Removal Permit must be obtained from Code Enforcement for vegetation removed for fence installation with a permit fee of $1000.00. And Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by respondent. Reports will be due at one year intervals. ON. OR BEFORE: loth September 2007 PENALTIES MAY BE EWPPOSED 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per violation. 2) Code Enforcement Board review finds a violation exists, a maximum fine of $1000.00 per day in the case of a first violation., as long as the violation remains, and costs of prosecution. SERVED BY: ®Personal Service ❑Certified Mail OPosting of Property I, PCV ,2, S 1---' �k HEREBY aclmowledge that I have received, read, and understand this notice of violation. Signature and Title of Recipient Dated this 8th day of August 2007 Reference case number: 2007070496 Nnticr. of Vinlatinn Orioinal to File C'.nnv to Recnnnde-nt Cnnv fnr Cite. Pnctinv C:nnv for Official Pnoinv Rev R/O; 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. 3579174 OR; 3756 PG; 1692 \,a Reta: BASS i CBEREOFI 2335 TAKIARI n E f409 EAFLIS FL 34103 105 HCO"D is the OFFICIAL RECORDS of COL131 MUM, FL COKS 875000,00 03/21/2005 at 08:13AE DEIGU 1. BROCK, CLERK RIC FEE 35.50 1:0E1IEG 2.00 DOC-.10 6125.00 WARRANTY DEED THIS DEED, made this // day of March, 2005, between ROBERT LAROUCHE, MARIO LAROUCHE, SYLVAI�ROUCHE, PATRICK LAROUCHE AND MARGUERITE LAROUCHE, Grantors and VANDERBILT DEVCO, L.L.C, a Limited Liability Corporation, whose post office address is: 230 Commercial Blvd, Naples, FL 34104, Grantee. Grantor for and in consideration of the sum of Ten dollars ($10.00), and other good and valuable consideration to said Grantor in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantees, and Grantees' heirs and assigns forever, the following described real property with parcel identification number: 00283680001 situate, lying and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT "A" subject to restrictions, reservations and easements of record, and taxes for current and subsequent years. This is unimproved real property and is not the homestead property of the grantors Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered .1 �%� in our presence: ��/ Typed Name: fitness ` Typed Name: !/19 S �1 STATE OF COUNTY OFORTHCAROLINq Before me personally app ared Robert Larouche known to me personally or identified to me by j4,11��iF ,�P L,tle^J� as the person described in and who executed the oregomg instrument, an ac nowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, his ( day of _AYE 2005. otary nature °' ,,mot;. "•. Print Name: ,� l.C/.Sr9-Ct7 Seal: Commission No. (Vld l o.,,sS,I[—�P�, �+� °? �" - . Signed, sealed and delivered in our presence: Typed Name: Typed Name: a OR; 3756 PG; 1693 STATE OF NORTH CAROLINA COUNTY OF t" b•e— Before me personally appeared Patrick Larouche and Mar uen a Larouche known to me personally or identified to me by ��ff,(a��yti? �,�,, j, ,t4s1n�as the person described in and who executed the o� regomg instrument, an acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of R✓'GI-,-" 2Q05 :.., Print Oary ame;atur� I,rJ� sv __ Seal: �'— ,. •:�;• r! ,:' `: Commission No. ytq (ram m,'SS•)k— 6;P � :: • cu I' w- A s• r w• a t r r s K!• Signed, sealed and delivered in our psence: Typed Name: Typed Name:STATE OF COUNTY OFNOFJTH CAROLIN Before me personally appea�ed own to me personally or identified to me by the person described in and W.h executed the toregoing instrument, and ac nowledged to and before me that he execute{.,, said instrument for the purposes therein express/(ed. WITNESS my hand and official seal, i a of �/%y� 2005; o ary i ature Print Nam Seal: Commission No. jihv (pv��;&t,p- •° �1 OR: 3756 PG; 1694 Signed se led an elivered �1 in our r ance: Witness Typed Name: -Them ✓ass Typed Name: dq v lD 41C HO t S STATE OF PENNSYLVANIA COUNTY OF MI? c'cQ(` Before me personally appe ed Mario Larouche known to me personally r identified to me by et „f [�„e r r o as the person des and who executed the oregomg instrument, an ac nowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this �/ day of �Tr , 2005. otary rgnaty.[� n Print Name; _ �SCt 1, ,Q,J,J trarr�ct Seal: _ This instrument was prep Holly B. Chernoff, Esq. BASS & CHERNOFF, P.A. 2335 N. Tamiami Trail, Sr Naples, FL 34103 (239) 262-4555 *** OR: 3756 PG: 1695 *** EXMIT A Fginring at the SocfttrNest corr_er of S:ctior, 6, Tok+lship 49 South, 3ange 26 East, run Norther_y alo:iy West bounda y line of said section u, �D distance of 660 feet to a ;=in,, of beginning thence continue k5rthe:?y a_ang said Nest aounda_y i_n•v of Sect;on 6, a ciistonce Gf 660 feet to a coin;, thence Easter_y alcng a 1`ne 13?0 feet North of and parallel to the South Gounaary line of said Section 6 a distance of 330.07 foot to e point, tfisnce Southerly along a lire 330.07 ;eet East of and parallel to :aid West boundary line of Section 6 : distance of 66d feet to a point, thence Westerly along a line 660 feet orth of and parallel to =id South boundary line of Seotion 6 a distance of 33G.07 feet to point of beginning; The right of ingress and egress is reserved ow T-4nd arroa. the South 30 feet and the West 30 feet of aforedeseribed 3r ,reth rights for COnStructien of road Facilities. [ rt SLIUMubsequ to to Deents, r25trxatl "�ptB�:vStlonS of re e, levied :.ubse4utn..„co O+eceRber 31, 19r BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2006070496 Raymond Bass, Jr. R/A for Vanderbilt-Devco LLC, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, on behalf of himself or VIkWa029V- QW pF uC. 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 2006070496 dated the 25th day of February, 2008. 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 February 28th, 2008; 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 $468.31 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must apply for and After -the -Fact Vegetation Removal Permit for vegetation. removed for installation of the fence from the Environmental Services Department with four times the normal permit fee within 30 days of this hearing or a daily fine of $50.00 will be imposed for each day until the After -the Fact Vegetation Removal Permit is applied for. 3) 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 30 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 120 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. D�1 c6 ?G 2. espondent �e,f-�,L, 4Mich�Amold, Director Code Enforcement Department REV 2/23/06 C."� C �' cA :� I q-vS> CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. VANDERBILT-DEVCO, LLC Raymond Bass, Esq., R.A. Respondent CEB NO.2006070496 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 That Vanderbilt-Devco, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 7071 Hunters Road, Naples, Florida, FOLIO 283680001, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3,05.01(B ) in the following particulars: permits. Vegetation removed on undeveloped property without obtaining the proper required Collier County ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) be corrected in the following manner: 1. By applying for an After -the -Fact Vegetation Removal Permit for vegetation removed for installation of the fence from the Environmental Services Department with four times the normal permit fee within 30 days (March 30, 2008). 2. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 10.02.06.E.3 within 30 days (March 30, 2008). 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 (I 0.02.06.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. 3. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 30, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 120 days of acceptance of mitigation plan, then there will be a fine of $200 per day for each day the violation remains. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $468.31 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of Florida. , 2008 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLI R COUNTaFORIA BY: erald LeFeb e, Chair 2800 North orseshoe ive Naples, Florida 34104 The foregoing instrument was acknowledged before me this Qllieday of MC[y'C)N 2008, by Gerald LeFebvre, Chair of the Code Enforcement. Board of Cor County, Florida, who is personally known to me or ,/ who has produced a Florida Driver's License as identification. 1K''ni ; I(RISIINE HOLT�oN r_ MY COMMISSION # DD 686595 Rf;r 1 EXPIRES: June 18,2011 B=W Thm Notuy Pubk Ur&r:niters stabs a FtAR" of C WER i HEREBY CERTIFY 1 =orrect copy of a do( Board Minutes and F `H ESS my hand a day of v�►r NOTARY PUBLIC My commission expires: r., rtfs it - ant on,ft ' to oucoif *Cori O'WJ E. BROCK. C RK Ott t�?td CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raxmond Bass, Esq., R.A. for Vanderbilt-Devco, LLC, 2335 Tamiami Trail N., Ste. 409, Naples, FL 34103 this I-' day of CV(C,h , 2008. 11�? "�a' A M. Jean R on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Raymond Bass, Jr. R/A for Vanderbilt-Devco LLC, Respondent(s) DEPT NO. 2006070496 STIPULATION/AGREEMENT COMES NOW, the undersigned, R. �%;e,,,q,.,,« . on behalf of himself or 1/A1t1 tt" tYGy, r �G • 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 2006070496 dated the 25th day of February, 2008. 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 February 28th, 2008; 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 $468.31 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must apply for and After -the -Fact Vegetation Removal Permit for vegetation. removed for installation of the fence from the Environmental Services Department with four times the normal permit fee within 30 days of this hearing or a daily fine of $50.00 will be imposed for each day until the After -the Fact Vegetation Removal Permit is applied for. 3) 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 30 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 120 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. espondent Mich Arnold, Director REV 2/23/06 Code Enforcement Department Reta: 3579174 OR; 3756 PG; 1692 Bass 1 CB!<RMO 2335 'faHCOIDID is the 01rICIAL RBCORDs of COLLIER MUM, !L cars 175000.00 RAfLEB n I sq . BROCL, CLRRIt 03/21/2005 at 08:13AR DFJW 1Be In 35.50 rL 31103 445! n IRDRLIRC 2.00 DOC-.11 6125.00 WARRANTY DEED MARIOTHA IS DEED, , made SYLVA // day of March, 2005, between ROBERT LAROUCHE, LAROUCHE, Grantors and VAANNDERBHILTEV O, L.L.0 aROUCHE Liirn Limited L abilliM it Corporation, whose post office address is: 230 Commercial Blvd, Naples, FL 34104, Grantee. Grantor for and in consideration of the sum of Ten dollars ($10.00), and other good and valuable consideration to said Grantor in hand paid by said Grantees, the receipt whereof iheirs and s hereby acknowledged, has granted, bargained and sold to the said Grantees, and Grantees' number: 00283680001 situate, ns forever, the flying and being described Coll Collier County, Floridwith a, toew Identification SEE ATTACHED EXHIBIT 'A' subject to restrictions, reservations and easements of record, and taxes for current and subsequent years. This is unimproved real property and is not the homestead property of the grantors. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered �y in our tuesence: l' , Typed Name: Typed Name STATE OF NORTH CAROLINA COUNTY OF �- Before me personally appared Ro�ert Larouche known to me personally or identified to me by (�,r,ki .j t ✓ric too r� ed in and who executed the ",Oregoing instrument, an acknowledgedas the to and before erson bme that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, his day of A�, 2005 otary nature Print Name: Seal: Commission No. M l f 17 Pe- r r r r r r■ r r r r r r Signed, sealed and delivered in our presence: Typed Name: Typed Name: OR; 3756 PG; 1693 STATE OF NORTH CAROLINA COUNTY OF }°�"ram b,0 Before me personally appeared Patrick Larouche arid Mar uen a L�ac che known to me Personally or identified to me by � fQ,f{,ra, . i - f described in and who executed the oregorng instrument, �an owledged tS44--as the person orand before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of 2 (fig,, ..;...,.,,yj /of m 146t�2 arature PntN ti, Seal:i- Commission No. my, (cm, •• a s a r♦ r• a* r r r a r Signed, sealed and delivered in our esence: co Ca rtness Typed Name: fitness 0 Typed Name: h C COUNTY OFSTATE OF O CAROLIN TH 1� Before me personally appea ed to me by _ wn to me personally or identified d in and wh executed the oregorng instrument, an ac nowledged to and before erson de �mee that he ezecut said instrument for the purposes therein expresrs� d. n,,, ?� WITNESS my hand and official seal, i "k a of 2005, �: '''+• o ary i ture Print Nam Ste, y [fJtS►4KD - Seal: Commission No.yrL +t ►* r a a a r r r a r r OR: 3756 PG: 1694 Signed se led an elivered in our r ence: 'I Witness Typed Name: ,SW tjP �itne— TYped Name: pgvlp /' cNoLs STATE OF PENNSYLVANIA COUNTY OF rc Before me personally appe ed Mario Larouche known to me��.d—� to me by �_t .0v 3 executed the fified oregoing instrument, an ac nowledged to and before that executed as the Person des and who said instrument for the purposes therein expressed. WITNESS my hand and official seal, this �/ day of �J4 2005. `�. v a-�.� orarY gn Print Name: n Seal: u`et This instrument was Holly B. Chemoff, Es, BASS & CHERNOFF, 2335 N. Tamiami Tra Naples, FL 34103 (239) 262-4555 *** OR: 3756 PG: 1695 *** E'XM-rrA Fleginning at the SOLthire^ot comer of S�_,ctior 6, io►wrship �9 South, °ange 26 East, run Norther_v al0:ig ''Oest bftnda_y line of said Section u, a aistare or E60 feet to a taint of beginning thence contirap hbrthe:-2� 3_ang s,,id N.st boundary i_na of Sect on b, a distance of 6b0 feet or a + coint, thence Easter_y along a I:ne 2320 .`eel North of and parallel o the South boundary ixne of sale 'action 6 a distance of 330.07 fagot to e point, thence Southerly along, a lire 330.07 test Fast of and parallel to :aid WestWesterly ly a! boundary line of Settioe 5 a distance Qf 660 feet to a paint, tr��+ce iiesterly along a line 660 feet arth of and parallel to = id south boundary line 0f Section S a distance Or 33�.C7 feet to point of beginning; The right of ingress and egress is reserved ow and the best 30 feet of aforedescribed _ acres; the South 30 feet construction of road facil;ties.Trights for SUBJECT to oasements, restri-, Y subsequent„to -December 31, 19i�2! ' :vstiass of recur ; a lovied COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. McIvey LLC, Respondent(s) William Mc. Daniel, Registered Agent CASE NO.2007011043 ITEM PAGE(S) Notice of Hearing ^ Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 3-4 5 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2007011043 Plaintiff, VS. MC IVEY LLC, Respondent WILLIAM MCDANIEL, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: Folio # 40236160004 SERVED: Mc Ivey LLC, Respondent William McDaniel, Registered Agent Inv. Jennifer E. Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT S:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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 n (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. Mc Ivey LLC. owner, William McDaniel, R/A, Respondent(s) 7000 Big Island Ranch Road Naples, FL 34120 DEPT CASE NO.2007011043 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): 0441 as amended, Collier County Land Development Code, Section 3.05.01 2. Description of Violation: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: Folio #40236160004 (off 31 n Ave NE) Naples, FL 4. Name and address of owner/person in charge of violation location: Mc Ivey LLC. 7000 Big Island Ranch Road Naples, FL 34120 5. Date violation first observed: 1/25/2007 6. Date owner/person in charge given Notice of Violation: Green card Signed 6/1/2007 7. Date on/by which violation to be corrected: 6/25/2007 8. Date of re -inspection: l l/l/2007 9. Results of Re -inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. REV 3-3-05 Dated this 1st day of November, 2007 STATE OF FLORIDA COUNTY OF COLLIER J,.,/ J- Z'�A d nni�K. Waldron Code Enforcement Investigator Sworn to (or a and subscribed before this 6 day of D (21— ", 2007 by Jen Waldron to US(' CQrJQ_5L (Sig ublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known /r or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Yousi Cardeso Commission # DD723966 Expires: OCT.10, 2011 BONDED THRU ATLANTIC BONDING CO., INC. COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Mc Ivey LLC 7000 Big Island Ranch Road Naples, FL 34120 LOCATION OF VIOLATION (LEGAL AND ADDRESS) Within Collier County Zoning District: Estates Sec 19 Twn 48 Rng 28 Subd Blk Lot Parcel Of Collier County Record. Property ID: 40236160004 PUD Tract Unit SDP OR 4041 Page 3170 :OR Page AKA (Address) Folio# 40236160004 (Off 31s` Ave NE) Naples, FL 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. Ord No. �•d No. . d No. 04-41 as amended PUD #s: Regulations: Sections: Dated: Section 3.05.01(B) Section Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Vegetation removed on undeveloped propegy without obtaining the proper required Collier Cog= permits INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2444 Fax (239)403-2343 Investigator signature IL VIOLATION STATUS: ®Initial Recurring Repeat ORDER TO CORRECT VIOLATIONS) You are directed by this Notice to take the following corrective action(s) DU EDIATELY: Conduct no further vegetation removal And Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (I 0.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by respondent. Reports will be due at one year intervals. ON OR BEFORE: 25th June 2007 PENALTIES MAY BE IMPOSED 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per violation. 2) Code Enforcement Board review finds a violation exists, a maximum fine of $1000.00 per day in the case of a first violation., as long as the violation remains, and costs of prosecution. SERVED BY: OPersonal Service ®Certified Mail OPosting of Property I, Certified Fee C3 ?cstmark Da C3 Return Receipt Fee Here C3 (Endorsement Rewiredl Re aRe: (End MC IvEy LLC fU 7000 BIG ISLAND RANCH R.D N Tot NAPLES, FL 34120 2454 C3 - 2007011043 - ' .SeeReuerse-for Irlstructio ES:"For'm 380p August.Z006 - - lets items 1, 2, and 3. p lso complete ■ Comp Restrict( pelivery is desired. item 4 'rf Reurnr ■ address on the reverse print your name and so that we can return the card to you. ■ Attach this card to the baeck of he mailpi or on the front if space P t, Article Addressed to: L� I MC IVEY LLC RANCH RD 7000 BIG ID SLAN L 34120 2454 Co.D to of D g, Received by (Printed Name) f address diffrent from it1? Yes D. Jr. delivery address address below: 0 No ff yES, enter delivery 4 . UN $07 PM 5. 43 3. etvice Type ad Mail ❑ Expre Mail 4Gerttfi NAPLES , F Registered ❑Return Receipt for Merchandise ❑ Mail ❑ C.O.D. Case Nbr — 2007011043 Insured Yes 4. Restricted Deiivery7 (Extra) 0000 40��}� 2. ,r 7007 0220 37 9559 �S 9�-0?-M-?540 IYr Domestic Return Receipt Q r , pS Form 3811, February 2004 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, fum, 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. This instrument prepared by and Record and Return to: DUNN TITLE COMPANY 801 Anchor Rode Drive, Suite 201 Naples, FL 34103 File No.: 06-10177 Property Identification No.: 40236160004 3843123 OR: 4041 PG: 3170 HBCORDID in OFFICIAL HBCOHDS of COLLIER CODITI, FL 05/23/2006 at 08:17AK DWIGHT 1. BROCL, CLIHH COiS 150000.00 RIC FEE 18.50 DOC-.70 1050.00 Reta: DM TITLI FICI DP WARRANTY DEED This Warranty Deed, made the /i ' day of , 2006, by ALFREDO MARTINEZ, A MARRIED MAN, hereinafter called thQOrantor, to McIVEY, L.L.C., A FLORIDA LI ITY COMPANY, whose post office address is: 7000 Big Island.f L 34120, hereinafter called the � Grantee, � (Wherever used herein th to " an - rant toi clude all the parties to this instrument and the hei le al re re Ives, and a sig s of individuals, and the .-. successors and assigns f r E e to so admits or requires.) Witnesseth, That r, ' co ra L` of the sum of $10.00 and other valuable considerate receipt whereof i er by imowledged, hereby grants, bargains, sells, aliens, re releases, con v firms unto the Grantee all that certain land situate in C ie ounty, State of to -wit: The West 180 feet of Tract 56, Unit No. 69, according to the Plat thereof recorded in Plat Boo ge 65, of the Public Records of Collier County, Florida. THE GRANTOR HEREIN HEREBY WARRANTS AND REPRESENTS THAT THE SUBJECT PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN HIS HOMESTEAD PROPERTY, NOR IS IT CONTIGUOUS TO ANY OF HIS HOMESTEAD PROPERTY; THAT SAID PROPERTY IS, IN -FACT, VACANT LAND. Together, with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. Page 1 of 2 *** OR: 4041 PG: 3171 *** Warranty Deed Page 2 of 2 And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in resence of: ureW e1 ign ER EDO MARTINIM JEN IFJ. CHADWIC 'k�` P ' Name of Witness #1 2 Ave. NE Naple FL 34120 Witness #2 SignatuoV ARLENE E. LA STELLA Printed Name of Witness # STATE OF: COUNTY OF: hereby certify that on this a e ore me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ALFREDO MARTINEZ known to me to be the person(s) described in and who executed the foregoing instrument, who acknowledged before me that he/she/they executed the same, and an oath was_,Wt taken (check one) Said person(s) is/are personally known to me OR Said person(s) provided the following type of identification: VALID DRIVERS Wi WiCFNSE Witne my hand and official seal in the County and State last aforesaid this/ of , 2006. My Commission expires: qq�R��rr N JENNP X) ADWICK (SEAL)ICHADWICK 0144 Dausi» -__ ... .••. �. J.Y) ��YiCY.Cpl71 Printed Name of Notary Public COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Stewart W. Connard Tr., Respondent(s) Case No. 2007080964 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-15 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, /0-11N COLLIER COUNTY, FLORIDA, Dept. Case No. 2007080964 Plaintiff, VS. STEWART W. CONNARD TR, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 525 15th Street North, Immokalee SERVED: Stewart W. Connard Tr., Respondent Inv.Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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. STEWART W. CONNARD TR 800 LANBIANCE CIRCLE APT 205 NAPLES , FL 34108 (RESPONDENTS) DEPT CASE NO.2007080964 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, Land Development Code, as amended, Sections, 10.02.06[B][2][a] and 10.02.06[B][2][d][ix], 5.04.05[A][1], and 5.04.05[A][2] and Ordinance 2004-58, The Property Maintenance Code, Sections, 16[2][i] and 16[2]U] 2. Description of Violation: Signs erected without permits and a banner displayed without permits. 3. Location/address where violation exists:525 15'b Street North, Immokalee, Fl( Folio75211880002) 4. Name and address of owner/person in charge of violation location. Stewart W Connard TR, 800 Lambiance Circle Apt 205, Naples Fl 34108 5. Date violation first observed: August 28h, 2007 6. Date owner/person in charge given Notice of Violation: October 151h 2007 7. Date on/by which violation to be corrected: October 3 1 " 2007 8. Date of re -inspection: November 19'b, 2007 9. Results of Re -inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official here fies that the above -described violation continues to exist; that attempts to secure compliance with the Collier unty Code Irave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo for a public h aring. Dated this 24th Day of January, 2008 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this�day o 2008 by (Signature of Notary Public; /,�'� 5;v' Personally known or produced identification _ Type of identification p oduced (Print/Type/Stamp Commissioned Name of Notary Public) . S y t STI Via`ART iW CONNA3'tD TR EPROPMTY OWNMI COWER COUIM CODE ENFORCENEW NOTICE OF VIOLATION L?ataaT, 9617)07 tmm"sue' KITCHELL T. SNOW 4" w "Wq . 8W LAt#I BI ANC'E C0tCLE APT 2D$ Lept: NAPLES. FL U108 SubdWWRO Drees Won: 52515 V K _ ray w ".:. Caoira>Ay C4 Phow: 239-4n2493 S4as 32 Twp 4a$ 22 Stock Lot F000 75211$ 2 OR Book. PUr8=4 to Col COUftty Cat WaMOMelat 504rd (CM OMGMMO NO.. 2 7'-K as onvoubd, you aro nr*rwd thoi a vtoWborv(s) of ft tonowkq CoIC, Cou* Ordirwi*s) and or PUD PAqLd9kjNQ wistu at the ar w- dncr *d kxudkx . oord Nvs r*4L * :.W 10M" Serara 12,M,0gb a) E.. �....... MO:d Na. IK A [It Lw, E:,.VU Section co a ova6i� Mord Na. Gk by IK FaC#!?y Seoi*n 1%44 t1#p41t`It =L K rt W*i 00rd No, Wis III !avT Sacion is= CAS awlakc 0+Oni Nck M41 TE tW XMIMS, Sad ca'n 5.04.05 !4[1) sa: aaaaaa I_ca,titd N% 04-41. 7E' LW *[tom[[ . Sedim 5,04D ►! s pent zms You Dare cgrodad by tnks Notoe to takes ttial f0lr>naaft cotxectm wd*&) 1) OBTAIN PEPJA I S FOR ANY PERMENANT SIGN ON PROPERTY IF ATTMtMLE OR REt,tOVF— 2) ATF SITS FEES ( AX TKE- AMOUNT OF THE OFtiG OVAL PERMIT) ARE TO APPLY TO SIGN$. ALL INSPECTIONS THRU CERTIFICATE O COkOnSTETION MUST BE ACCOMPLISHED VirfGl M 60 DAYS OF ATF PER.INT ISSUANCE FOR: SAID SIGNS. 3) IF ANY Vi1ALL S*,N IS REMOVED PANT STRUCTURE IN A WORKMAN LKe FASHION SO NO SliADM"G REMANS FROM REIAOVAL OF SIGN. $ TAIN TEMPORARY LGE PERMITS FOR BAPINERS DISPLAYED ON PROPERTY, ATF PEMIT FEES ARE TO APPLY ZX THE AMOUNT OF THE NORMIk . FEE START DATES ARE FROM V28MT TO 9t1 tla" T AND FROM W141t17` TO PRESENT CEASE ANY FUTURE PLACEMAW OF SIGNM OTHER TITAN 1140SE IN OOMPUA14CEE Vdi'N THE LAND DEVELOPMENT CODE OF UNIOWPOMTED COLLIER COUNTY i... i." .. ,, ... •- is .B' Fa[luf t to correct viohd s aaaa"y roanA Ire 1) manldmary a obw to aim in Dourt or K* of at okaation tw may taeuht. in 156" to to SSW a4 CaU of Win. OR 2) Cod* Erviomenmat Bowd rem thid may mvA in Ames UP to #1086 pot day PW vbtAicn, as INS Ow ►'[a7Ral OR resarS�Ut at5d =,stet o(p ri"cut . - I SERVED Or ftwool Srr+ m DCanfed Ma ❑Pt SUV of Property pFax O INWRIES AND COMMEVIZ SHOULD BE DIRECTED TO CODE' ENFORCEMENT KETCH 1L T. SNOW 04VESTIGATOft Sigrawns ana Tkoe of Reopord 26W Nri. t•kir nboe Dr Nagft. FL 3dt64 (239) 40 3•2314 Fvc (W9) 3-2492 prt _ laivasigsw sigr17rtire Dalsd btts _Ltay Of AUGUST 20D7 (VIOLATION STATUS* Qln al oRw=rg C itepa� v 4c-i r ; 4 v;mx '.r k 060inAt to File rjvw in x.-weA&-w (%rw cfw rZ at i+m "tea t : ww 4w r Ww- »l Wrwti ew kr!* AM14 3- 13 Ul— z rlj 0 m 0 cn :::t Co cc) o o 3 oc) co :n :r o 3 0 0 r, CD (n M CD CD 4-1. 0 n Cn < CD < 0 C. CD -0 3 (OD 3 CD 0 O a):4 r) 0 0 0 (n t4 m t-1 H t4 L 1 t7' ?0 n o CD ru z n �� o ru CD .IV �j M Col c �a 0 m 0 OD n 0') m m � � C3 t H M M '0 c: H �A tj M rn w ED z O Ln w H 0ate,Ln c XY D, z W D -4 'Q u CLASS (DCC ',o, la MOZ Pt r OHO Z -qmm - , I !� IANL.-�.� 10 0 0 n, 4s O 0 In Wl;Jer 0 14 -4 Cn c, 0 in to W W C, i m N O ID w r m fl. rP U .>'. a C E E m o m U Uid aiQ `0 E I B S i g� 7 a { 1 ami �i v c � N C� } m ` ❑ N O � n. m 'm E o m o dS¢ci ❑❑❑ C� + 0 CD 7 U cc a 4) Ln r-I cc co v m E Ln rn m o cc P- 0 m 1, N LO c3 m kD O 0 A C3 704M Q El p awu� �u Ei f l rn v wG]ao � ni cD fU o U�u-W r- rU 3zwM o ca O U N r r) a F-7 I C3 I1 EH P G, O ww z M z H 4 v E zcno.w m I o o r.,r m LL � u 3 m z C4 d i i 5� 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 r 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 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 surrey 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 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 Resolutinn No Q1-6di _ print tn_ the c mencement 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. 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. ,*'IN 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. Vill]. 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. :).V`+.VV LL'ivuvx%_u�. ----- - -- - - approval shall require a CSP which addresses the requirements of section 5.04.04(C) of - - this Code. Temporary use permits for unoccupied model homes following subdivision approval shall require a CSP and shall be issued only in conjunction with an approved SDP or SIP for a model sales center which provides adequate parking to support the model(s). C. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four (4) parking spaces for the first model unit and one and one-half (1.5) spaces for each additional model unit (for dimensions see section 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 Manager or. desig gee -_as_...... - ------ ----- - — --- -- ---- --- -- ---- a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-wayand the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events A. Temporary Sales. �. 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any miinicode.com/meo/DocView/13992/l/36/40 3/12/2007 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 annualleases may utilize a maximum of forty-two (42) days per calendar year for n 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. 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 -7�- temporary use permit shall be -related to the prig �dipaFcornmerciai-ac ivitiee in- operation— on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A) (5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to ' facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. httT)://Iibrarvl.municode.com/mcc/DocView/13992/l/36/40 3/12/2007 %I ORDINANCE NO.2004-58 4 ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING —. FOR NUISANCES; PROVIDING STANDARDS FOR SECURING �T o BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF i;�_co BOARDING RENEWAL CERTIFICATE; REPEALING — COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oc, ry '-'y. .• _.__. __ VIDING .,Q ..>,NALI II . nn"WIDING RNLI I. IBERAL ----�tf; YJCOYJLIIVh�rVK r[.nny• �rsi,_a_ v. ,...... ... ---= rv-- CONSTRUCTION; PROVIDING FOR INCLUSION IN THE am CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards, resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of 1;2 2. if the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days after the notice of assessment The owner may then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE VACANT BUILDINGS VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following riiauirements -- - - — 1. Nonresidential Structures: a. All nonresidential structures shall be watertight, weather -tight, insect -proof, and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertight, weather -tight and rodent -proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. C. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. C. 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 f� i. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely, and effectively, and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted, or both. All siding shall be weather -resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non - vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. M. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. 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 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 iequircdjThe 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 �1 flora. 18 J/� 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, �0 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. C. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non -complying or any deteriorated signs, posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. - -- m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracked, missing or broken, the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights -of -way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING l . 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 M JON100 ux; Jd/L ru: Ziub RSCORDID in OFFICIAL 11CORDS of COLLIBR COUTT, FL 08/22/2005 at 09:06AK DRIORT I. BROCK, CL1RK COTS 425000.00 RIC 111 11.50 DOC-.10 2975.00 Retn: KIDIIIST !ILLS PICK DP Return to: MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA, LLC 3936 N. Tamiami Trail, Suite A Naples, FL 34103 (239)262-2163 45953/ccb WARRANTY DEED THIS WARRANTY DEED made the day of .S 2005, by Oscar Montalvo, III and Maria D. Montalvo, husband and wife hereinafter called the grantor, to W. Stewart Connard, Trustee of the W. Stewart Connard Trust dated June 21, 2004, with the power and authority either to protect, to conserve or to sell, or to lease, or to encumber, or to otherwise manage and dispose of the real property described herein hereinafter called the grantee, whose post ssis: co 800 L'Ambiance Circle #205 Naples, FL 34108 (Wherever used herein the terms " representatives and assigns of indi ' d w ss WITNESSETH: That the or and m cot considerations, receipt whereof is et$b acknowledged, conveys and confirms unto the gran t certain land 75211980002) The South 190.75' of the Fast 180' of Bloc c Plat Book 3, page 3, Public Records of Collier to This instrument and the heirs, legal of 510.00 and other valuable sells, assigns, remises, releases, r, Florida, viz: (Folio No: with and subject to the plat recorded in TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the sane in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004, and easements, restrictions and reservations of record, and easements and restrictions common to the subdivision. *** OR; 3872 PG; 2307 *** Deed Con't Block 7, Sunny Acres IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. SIGNEDD, sealed and delivered in our presence: WITNESS 1 (print name below) CECILIA C. BROWN n ed name) WYNE SS N0.2 (p name bel T�V L - USC2 (printed name) STATE OF Florida COUNTY OF Collier The foregoing instrument was Montalvo III and Maria RETURN TO PREPARER: 1,C ( J I u This instrument prepared by James D. Vogel, Esq., MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA,LLC 3936 No. Tamiami Trail, Naples, FL 34103, (239)262-2163, in conjunction with the issuance of title insurance. /% I . I - . - 19 jj - - / I-) f � r i ' e `s' '+i i✓T"Xrt f� � 5s 1'{`}III �:- a y i n *Iy� ^A v A y x ., L2 `r 3 '•,4, �, i.•r.r,, .. � }° � ✓' :�. ate` F � t nv, �,; ^".. ,��.� .+a t k 0 • i E r � r w t rd a s • �� i t 4 f .. .,, a .�yL �,. •. .- �, i '.} {, �`,� , � r � w • �x F., ` w ,i� ,ey sv hkdi`"i y3* k 8i G»fw ^?d�,*{"a a �F 'A1a% 'd rY^°` �C ' . 41 fi •f' .q:.. ::YA PO n + .ri * ar�itr pr i �Yr 4 .... , ::a . , . �' .r•+w �;,. x �# 1i�" i, A• aj� ; k�e � i � VV.... ♦�i..�t Y',. ,..r•. :. ,,. ..♦ . 4r� .+.,.s :. 3� th�� : i�f• ♦ �:#� Ye,z �.+a „y t>.,,�:a y; ..�<;' '�,'• +.ri^�e$a, _ y 4� ik "� �'�ar a"pa'!';:, ,is•,?r " ,.. 1 y}� //��/f ,�1I�n�:,�k 09! 28/aL. 0 P i�l' e.J a t , -svr'✓.�Y1�.�"F� g�, '� ,,aaKR.a"as �4,�✓ ,.,.�., � 4 A, � N'f" tix t r f;.a t F 3 a t 4 a"' . } a ... ♦ s-:ttff,,,„,55„„ n ' '* ..-= "�, *,� s<. of t,�. F+g, E' w`r •��• `' + r :< a 5 � 6 A t yam^ u � a Y '.wp w - -.. a a 02/27/2 10:08 a qw Pr♦■i srrrch �9r wgYr'�s ff$a•.RMf st�sat R.lesc 0 zJ'qJzg> ux�" CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. STEWARD W. CONNARD, TR. Respondent CEB NO.2007080964 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 That Steward W. Connard, TR is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing by his representative (business owner). That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 525 151h Street North, Immokalee, Florida, FOLIO 75211880002, more particularly described as The South 190.75' of the East 180' of Block 7, Sunny Acres, according to the Plat thereof recorded in Plat Book 3, page 3, 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(13)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.04.05(A)(1) and 5.04.05(A)(2) and Collier County Ordinance 2004-58, The Property Maintenance Code, section 16(2)(i) and 16(2)0)in the following particulars: Signs erected without permits and a banner displayed without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(13)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(13)(2)(d)(ix), 5.04.05(A)(1) and 5.04.05(A)(2) and Collier County Ordinance 2004-58, The Property Maintenance Code, section 16(2)(i) and 16(2)0) be corrected in the following manner: 1. The Collier County Permit for the sign has been obtained. The Respondent is to obtain all required inspections and Certificate of Completion within 60 days of permit issuance. 2. The Respondent is to cease displaying any sign that is not in accordance to and compliant with the Land Development Code of Collier County. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 60 days after the after -the -fact permit has been obtained, then there will be a fine of $150 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $381.51 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. Florida. DONE AND ORDERED this "14, day ofJ)a&, 2008 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: erald LeFebvr hair 2800 North Hpfseshoe Dri Naples, Florida 34104 The foregoing instrument was acknowledged before me thisday of M (x J" 2008, by Gerald LeFebvre, Chair of the C9de Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. KRISTINEHOLTON MY COMMISSION Al DD 6865S '*E EXPIRES: June 182011 NOTARY PUBLIC ••••• Bw4ecillmNo" PWllci;CeWr;-., My commission expires: '44 , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Connard Tr., W. Stewart Connard, 800 Lambiance Circle, Apt. 205, Naples, FL 34108, this Ll""' day of 2008. Sta+s rn FLORIDA arm M. Jean son, Esq. "�� of COWER(, Florida Bar No. 750311 HEBY CEt ti�''AT"�iS 8 ti'U8 and Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 ,=113 mpy:<3 .dOC 4R i@ in Naples, Florida 34102 Board Mfnuts Q>r�,tN „`,. f. i tiBT Cow*(239) 263-8206 WVESS myhd fiat slat this „ -"- y da � OBRTS BRA. / TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Mercedes F. Llosa, Respondent CEB No. 2007-75 DEPT No. 2006040950 Req lest for Imposition of Fines ITEM PAGES Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. MERCEDES F. LLOSA, Respondent Case: CEB 2007-75 Dept. Case No. 2006040950 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 2471 Poinciana Street SERVED: Mercedes F. Llosa Respondent Inv. Heinz Box, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-75 DEPT CASE NO.2006040950 Board of County Commissioners vs. Mercedes F. Llosa Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended the Collier County Land Development Code, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) as renumbered 10.02.06(B)(1)(d)(e), 10.02.06(B)(1)(d)(i) as renumbered 10.02.06(BO(1)(e)(1), Collier County Code of Laws and Ordinances Section 22 Article II 104.1.3.5, 106.1.2, Florida Building Code 2004 Edition sections amended sec.(s) 105.1, 105.7, 111.1 Location: 2471 Poinciana Street Naples, FL 34105 Folio: 68140920008 Description: Exterior non -permitted construction Past Order(s): On September 27, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0680, for more information. The Respondent has complied with the CEB Orders as of January 4, 2008 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 1,600.00 See below. Order Item # 4 Fines at a rate of $200 per day for the period between December 27, 2007- January 4, 2008 (8 days) for the total of $ 1,600.00. Order Item # 6 Operational Costs of $ 338.34 have been paid. 1) N HORSSESSHOEHOE E+vvv.L�c, VA%# 7LJU J'V VOOU 2800 CODE ENPORRECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, FL RBC FEE NAPLBS FL 34104 DR 11/01/2007 at 11:09AN DWIGHT B. BROCK, CLERK PL 35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. MERCEDES F. LLOSA, Respondent CEB NO.2007-75 AMENDED FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on September 27, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Mercedes F. Llosa is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation.. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2471 Poinciana Street, Naples, Florida 34105, Folio 68140920008 more particularly described as Lot 74, Replat of a portion of Block C, POINCIANA VILLAGE UNIT NO. 2, a subdivision according to the plat or map, thereof, described in Plat Book 10, at Page 85 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06 (B)(1)(a), 10.02.06(B)(1)(d) (as renumbered 10.02.06(B)(1)(e)), 10.02.06 B 1 d i (as renumbered 10.02.06(B)(1)(e)(i), Collier County Code of Laws and Ordinances, Section 22, Article I, )( )( ) 104.1.3.5 and 106.1.2, and Florida Building Code 2004 Edition, Sections 105.1,105.7, and 111.1 in the following particulars: Interior non -permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06 (B)(1)(a), 10.02.06(B)(1)(d) (as renumbered 10.02.06(B)(1)(e)), 10.02.06(B)(1)(d)(i) (as renumbered .1 OR; 4298 PG; 0681 10.02.06(B)(1)(e)(i), Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5 and 106.1.2, and Florida Building Code 2004 Edition, Sections 105.1,105.7, and 111.1 be corrected in the following manner: L By obtaining all Collier Count Building Permits, all required inspections and Certificate of Occupancy for all non -permitted improvements within 90 days (December 26, 2007). 2. In the alternative, by obtaining a Collier County Demolition permit, all required inspections and Certificate of Completion within 60 days (December 26, 2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 2007, then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with ara the by December 26, 2007, then there will be a fine of $200 per day for each day the viioolati noremaiOrder of the Board 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $338.34 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. day oDONE AND ORDERED this 3rd day of October, 2007 at Collier County, Florida and re -signed this f , 2007, nunc pro tunc. STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: CODE ENFORCEMENT BOARD COLLIER COUNT r RIDA BY: Kenne a y, Vice Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this day of (j( , E'�2.r- 2007, by Kenneth Kelly, Vice Chair of the,Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. r .�;�9•• IQiISTINE HOLTON ; .'' NUr YPUBLIC _.. .= MY COMMISSION # DD 666595 EXPIRES: June 18, 2011 My commission expires: Bonded Thru Notary Public Underwriters birtrJJ county of CtDLLi I HEREBY CERT•IEY.T.Hrulhrs S tt> Z> correct COPY ct e .� �' i r_ cn.ft?Q in r t Ce3iier County Beard Nflnuiss v> . ESB rU'rj�� o,P.` ,,,�j�;� day,,of L� . WIGHT E. i-RZ ; C-! EOM Qr .00 RTS L"4"Ia DA OR; 4298 PG; 0682 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this AMENDED OT�R has been sent by U. S. Mail to Mercedes F. Llosa, 2471 Poinciana Street, Naples, Florida 34105 this l da of2007. M. Jean R n, Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 --�•��.��vvivtVLRJ Collier County, Florida Petitioner, uh: 4Lyd YU: U683 www Vs. Mercedes Llosa Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-75 DEPT NO. 2006040950 COMES NOW, the undersigned, Mercedes Llosa, on behalf of himself or as representative r Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006040950 dated the 27thday of April, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 9/27/07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), & 10.02.06(B)(1)(d)(i), of Ordinance 2004-41, of the Collier County Land Development Code, & Section 22, Article II, 104.1.3.5, 106.1.2, of the Collier County Code Of Laws & Ordinances & 3) Sections 105.1,105.7,111.1 of the Florida Building Code 2004 Edition and are described as Zoning action on building permits improvement of Property prohibited prior to the issuance of building permit prohibited activities permit prior to issuance certificate of occupancy, P P � P y, permit application, placement of permit, connection of service utilities. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $338.34 incurred in the prosecution of this case. 2) Abate all violations by: obtaining all Collier County building permits, all required inspections and certificate of occupancy for all non -permitted improvements within 90 days of this hearing, or obtaining a Collier County Demolition permit, all required inspections and certificate of completion within 90 days of this anyheaviolation latio ure to comply with either of these options will result in a $200.00 a day fine for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. A-W&A, Respondent Date `l REV 2/23/07 �M�icheftrn�old, ctor Code Enforcement Department Date ' COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Mercedes F. Llosa , Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-75 DEPT CASE NO. 2006040950 BEFORE ME, the undersigned authority, personally appeared Inv.Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on September 27, 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 4298 PG 0608, et. seq. 2. That the respondent Ell not contact the investigator. 3. That a re -inspection was performed on January 4, 2008. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was taken on January 4, 2008 by obtaining a Collier County certificate of completion for the demolition of a trussed lanai in the rear of 2471 Poinciana Drive Naples,Fl. FURTHER AFFIANT SAYETH NOT. Dated: January 4, 2008. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CO E ENFORCE T BOARD l Investigator Heinz Box Code Enforcement Official Sworn to (or affirmed) and subscribed before me this C d 7 , 2008by 92-�� -a;1A (Signature of Notary Publ ) print/Type/Stamp Commissioned .dame of Notary Public) Personally known 4 r�/crz &x NOTARY pUBDC•STATE OF FIARIDA Indira Rajah ..., . Commission #DD727241 Expires: DEC. 07, 2011 BONDED Taxv a�� •',C BONDING CO., INC- Rev Rev 2/5/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Petitioner, vs. Zo CASE No. CEB 2 4 J/X---W 140-A eies U05A Respondent(s) RESPONDENT'S REOUEST FOR REDUCTION/ABATEMENT OF FINES Respondent(s), j&'k� , Pursuant to Article XII of the CEB Rules and Regulations, requests that the Code Enforcement Board grant the Respondents Request for Reductio Abatement of Fines, and in support thereof would state as follows: 1. Respondent(s) name and home address (no P.O. Box): 21-17/ A"Ae--� .T 2. Location of the property which is the subject of the violation(s): -71 P 3. Owner of the property: 4. Respondent(s) was found to be in violation of the following Code provision(s) � d �. 5. The violation(s) was for:''AAY - 'J, Gam' 6. The violation(s) was corrected on the following date: 3,, -2-xy -7 The corrective measures taken by Respondent(s) consisted of: OR Respondent(s) was unable to correct the violation(s) because: (Attach documentation which shows efforts to abate the violation and why the violation cannot be corrected.) 7. The fines imposed should be reduced or abated because (state reasons): � a 8. The following are other factors which should be considered by the Code Enforcement Board in granting a reduction/abatement of the fines: 0 6.6 9. The following documents are attached hereto: �i tl� , w W WHEREFORE, Respondent(s) hereby request that the Code Enforcement Board grant an Order Reducing/Abating Fines. Respondent(s) Signature(s) hOW- edec L LV60 Respondent(s)'s printed name(s) 2- /- o s? Date Gd� STATE OF FLORIDA) COUNTY OF COLLIER) SWORN TO AND SUBSCRIBED before me on this Jday of A4, 200 , by 1957---4 c eao�s F L OSF1who is personally known to me , or who has produced �/_ . /- I-C, • as identification. My commission expires: /A 3 , Z ccq Notary Public ' F FLORIDA a 1 y Brandes {A CERTIFICATE OF SERVICE ` ' "' Gn_�nission #, DD467410 a� E�q�ires: AUG. 31, 2009 Bonded Thru Atlantic Bonding CO., Inc. I HEREBY CERTIFY that a true and correct copy of the Request for Reduction/Abatement of Fines (and 15 copies) were seryed by regular U.S. Mail, postage prepaid, (or by hand delivery) on the l day of 200 P , to the Secretary of the Code Enforcement Board or Code Enforcement Supervisor, Patti Petrulli, 2800 N. Horseshoe Drive, Naples, Florida 34112. Respondent CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MERCEDES F. LLOSA, Respondent CEB NO. 2007-75 ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on February 28, 2008, on the Respondent's Motion to Reduce/Abate Fines. The Respondent did not appear in person. The Board having considered the following (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby grants the said Motion to Reduce/Abate Fines. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: The fines are abated in full. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 41111 day of rn�i (' Gh , 2008 at Collier County, Florida. CODE ENFORCEMENT COLLIF, COUNTY, FI) erald LeFebvr/CairT- 2800 North HorDrive Naples, Florida STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of (Ck , 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. „" :""•, KRISIINE HOLTON A n' MY COMMISSION # 686595 NOTARY PUBLIC n. EXPIRES: June 18, 2011 My commission expires: RG�F` Bonded Thru Notary Public Underwriters ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mercedes F. Llosa, 2471 Poinciana Street, Naples, Florida 34105 this c�'1 day of f'jardn 2008. M. Jean wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 stale o>i F LORiUA :ounty of COWER I HEREBY CERTIFY THAT this IS s ba Nd -orrect copy of a aovument on,f le In joard Minutes and coras of Co}Tier , NITNESS my hakia zoo a'oicial Sealtft day of iLA� OwIG E. BROGiC, C! ERK OF �� r ✓,F TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Domenic P. Tosto, A/K/A Domenic Tosto Trustee and Joanne M. Tosto Trustee of the Family Trust, Respondent CEB No. 2007-32 DEPT No. 2005010592 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 ^ Past Orders of the Board 3-16 Affidavit(s) 17 IOF Table of Contents 12/15/05 i-*N CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-32 Dept. Case No. 2005010592 Plaintiff, VS. DOMENIC P. TOSTO, A/K/A DOMENIC TOSTO TRUSTEE AND JOANE M. TOSTO, TRUSTEE OF THE FAMILY TRUST, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: TWN 53, SEC 10, RGN.26, Parcel #4, Lots B-10, through and Including B-14, Folio # 01199120007, A.K. A. Morgan Isle, Cape Romano, Collier Co. FL. SERVED: Domenic P. Tosto, a/k/a Domenic Tosto Trustee, and Joanne M. Tosto, Trustee of the Family Living Trust, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-32 DEPT CASE NO.2005010592 Board of County Commissioners vs. Domenic P. Tosto A/K/A/ Domenic Tosto Trustee and Joanne M. Tosto Trustee of the Family Trust Respondent(s) Violation(s): Violation of Ordinance No. 2004-58, Sec. 6, compliance wt. housing standards, Par. 12, exterior and interior structures of dwelling units., Sec 11, method for designation & elimination of hazardous buildings, Sec. 12, standards for repair or demolition of hazardous buildings by the county, Sec. 15, responsibilities for property maintenance, Sec. 16, responsibilities of owners of vacant structures. Also, Ord. No. 2005-44, Sec. 7, unauthorized accumulation of litter, and Sec. 8, abandoned property/prohibited. Location: TWN. 53, Sec 10, RNG.26, Parcel #41, Lot's B-10, through and including B-14, A.K.A. Morgan Isle, Cape Romano, Collier Co. FLA Folio: 01199120007 Description: No progress and a continuation of neglected maintenance and unsafe conditions relative to s storm damaged to story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal plastic and paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special Treatment"(A-ACSC/ST) zoned property. n Past Order(s): On April 26, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4224 PG 0252, for more information. The Respondent has not complied with the CEB Orders as of April 26, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 59,795.34. See below. Order Item # 6 Fines at a rate of $250 per day for the period between November 2, 2007- February 27, 2007 (64 days) for the total of $ 29,250.00. Fines continue to accrue. Order Item # 7 Fines at a rate of $250 per day for the period between November 2, 2007- February 27, 2007 (64 days) for the total of $ 29,250.00. Fines continue to accrue. Order Item # 10 Operational Costs of $1,295.34 have not been paid. Retn: BELINDA NARKU IviiJ0a UA; U4q rU; V404 eIt, fa CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 05/04/2007 at 09:57AN DWIGHT E, BROCK, CLERK NAPLES FL 34104 ^' CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST Respondents CEB NO.2007-32 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation and an Amendment to the Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 109 Curacao Lane, Bonita Springs, Florida 34134, Folio 01199120007, more particularly described as (see attached Legals), of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec. 15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance, Sections 7 and 8 in the following particulars: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic and paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special Treatment" (A-ACSC/ST) zoned property. UA; iLLi rii; Mi ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation and Amendment, 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 2004-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec. 15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance, Sections 7 and 8 be corrected in the following manner: I. By applying for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC/ST" zoned property in question and all seaward effected property by May 28, 2007. 2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007. 3: By executing said demolition permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by October 28, 2007. 4. By removing all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier County Housing, Maintenance, Litter and Land Development requirements. The Respondent is in compliance with this paragraph. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 28, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board by June 27, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 7. That if the Respondents do not comply with paragraph 3 of the Order of the Board by October 28, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 8. 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 within 24 hours after abatement. 9. That the Respondents may petition the CEB to modify this Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28, 2007, unless otherwise extended by the Code Enforcement Board. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount'of $1,295.34. 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 ,30'0 day of �� 2007 at Collier County, Florida. State 01 FLORlUA uounly of CO!"UER HEREBY CERTiW-'Jhf 9.a fit~ aft~A Correct copy . IQ CEoGi�r" m-lrnk, ". ail Ott Board P,REr�t�t z; ftcm0 i CailforCounty' TRESS ply a1► �orlij sl � t this ay or �- . WNW E. M&K`. �l'Ettil� [��fi�i tare CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: JI.- -- Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 D.C. �L UR: 4114 FU: OZ54 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thiday of Proc 2007, bb Sheri Barnett, Chair of the Code Enforcement Board of Collier Co on a, & personally known to me or who has produced a Florida Driver's License as i rber 22W 20 .w%? nFc Underwrtters I�5`fARY PUBLIC My commission expires: MYe CHRISTINALURBANOWSKI is MY COMMISSION # DD 241717 •. EXPIRES: November 22, 2007 CERTIFICATE OF SERVICE ' Bonded ThruNoteryPLgAcundenw4ers I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST, 9893 Clear Lake Cir., Naples, FL 34108 this day of 2007. ' M. Jian Ron, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 cJ• BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR; 4224 PG; 0255 Petitioner, Vs. CEB NO.2007-32 DEPT. NO. 2005010592 Domenic P. Tosto a/k/a/ Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the Family Living Trust, on behalf of himself / itself, or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-32, dated the 26t'. day of APRIL, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for APRIL 26, 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) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame "seven" dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property, and adjacent (A-ACSC / ST) zoned properties. REV 2/23/06 OR; 4224 PG; 0256 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $1,295.34 incurred in the prosecution of this case. 2) Abate all violations by: Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC / ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-b) Respondent(s) must execute said Demolition Permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by Oct. 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-c) Respondent(s) must also remove all weather damaged and wind driven structural elements, /0-111 construction materials and other foreign materials originating from a wood frame stilt residence previously owned by a Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier Co. Housing, Maintenance, Litter and Land Development requirements, by Oct. 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. * Respondent(s) remedial efforts must comply with all Collier County Environmental requirements * 3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all prem/is�es in question within 24 hours after abatement.. 07 Respondent Michelle Arnold, Director Code Enforcement Department REV 2/23/06 mo6yJco�r��AREDBYAND IIEIURTITO: 3691469 OR; 3889 PG: 2457 Timothy J. Cotter, PA RECORDED ID WICI11 11CORDS of COLUIR COUNTS, n 599 9th Street North 09/14/2005 at 07:551N DRIGHT 1. HROCI, CLIRI Naples, Florida 34102 CONS 300000.00 Property Appraisers Parcel Identification (Folio) Numbers: 01199120007 HC its 52.50 Grantees SS #s: DOC-, 70 2100. 00 Nets: Space Above 7L TIMOTHY J COTTER 599 9TH ST 11313 THIS WARRANTY DEED, made the 12th day of August, 2005 bppfllTio. wr, Trustee of the Morgan Island Land Trust, herein called the grantors, to Domenic P. Tosto &Ws Domenic Tosto, Trustee and Joanne M, Tosto, Trustee of the Tosto Family Living Trust dated and January 20, 2004, with full power and authority to protect, to conserve and to sell, to lease, to cucumber or otherwise to manage and dispose of the real property hereinafter described whose post office address is 9893 Clear Lake Circle, Naples, Florida 34109, hereinafter called the Grantees: (9%erever used herrin the terms *grantor* and grantee' include aff the parties to this irsrtrumenr and the lairs, legal represeruatfves and assigns of individuals. and the mWersors and assigns of eorporahow) W I T N E S S E T H: That the grantors, for and in consideration of the sum of TEN AND 001100'S (S10.W) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, fremiss, leases, conveys and confirms unto the grantee all that certain land situate in COLLIER County, State oFloriviz.: SEE ATTACHED LEGAL DESCRIPTIONS PROPERTY IS VACANT LAND AND IS NOT THE HOMESTEAD NOR CONTIGUOUS TO THE HOMESTEAD OF THE GRANTOR Subject thereafter easements, restrictions nd (,ar�,r and to fazes for tirc /� `T(` year 2005 and TOGETHER, with all the appertaining. TO HAVE AND TO HOLD, th� sa4 id fee AND, the grantors hereby cov ti rm�Sal simple; that the grantors have g and lawful authorit title to said land and wr71 defend th ` against the Iawful i free of all encumbrances, except. tax 'ro g subsequent to IN WITNESS WHEREOF, the said �. Jira written. . C Signed, denied and delivered in the presence ofi /Joyce A. St. Clair 1/ess #1 Printed Name itness #2 Signature Deana Sibilia vy Ru sa #2 Primed Name STATE OF FLORIDA COUNTY OF PINELLAS thereto belonging or in anywise v 0 wfully Seized of said land in fee II d said land, and hereby warrant the O as whomsoever, and that said land is d c 0W. bathese presents the day and year fast above N N Paul Si:i peer, Trustee o an Island . . Trust P.O. Box 67129, St. Petersburg, FL 33736-7129 O N C.S-s 00 The foregoing instrument was acknowledged before me this 12th day of August, 2005 by Paul Slipper, Trustee of the Morgan Island Land Trust who is personally laowa to me or have produced as identification. SEAL I,, My Commission Expir+l�lr "'st byte A St Cbir .= MrCOMMMISSONs DD124977 FMD iFrf lutt t 4 2006 10NDMIcumovrANamsu0 PC 7 7a616e"A. St. Clair Name I e?. ea0/2e e:e 2eee5 mAm LANoSURVEYm PAGE e# PAGE e3 f` $}k $ƒ/§} 0 F w CIO Cap � � � � � � � � � � a �-. � � � / 49. 09/10/2005 15:15 2393539156 MYSON LAND SLRVEYIN PAGE 04 as a� Y �tp• i 4 eua�M •• a r•`� yya 5 y pp e !fit n`�l,CyoC° r • r '� 4 CLv�i�:�w�wia�N� G+J 07 OOO La r� !`1 CJ7 �O C=> rl—) Q1 n if ea«Se 2:15 23g532e mYSON LAND SLRVFEYIN PAGE « PAGE g 0 9 � 12: #Z2ge5e 1e15 QsSem A¥SON UG ESN mK e PAGE S � �} ;}622§� \�-1I �■ . . fi» � �$ } ��■° � |�� ki 2�3 fill % ! § -6:f ■Q��.� h!® IZ-1" O � � r-Jo � Al e4&2e tees 2393539256 kY&NLAND SLRVEVa �« £ eA5E p• eeo- — $§'-®#M E M;& kyb9i"I jh /j§ §B§2�§)2K§■ � �. CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 08/02/2007 at 09:34AK DWIGHT E. BROCK, CLERK NAPLES FL 34104 Ric FEE 18.50 CODE ENFORCEMENT BOARD n COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST Respondents CEB NO. 2007-32 ORDER ON REQUEST FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 26, 2007, on the Respondents' Motion for an Extension of Time. The Respondent appeared in person. The Board, having heard argument, testimony under oath, received evidence respective to all appropriate matters, thereupon issues the following: FINDINGS OF FACT 1. That the parties entered into a Stipulation Agreement and an Addendum thereto on April 9, 2007 and April 26, 2007 respectively,. 2. That the Board issued an Order on April 30, 2007 approving the Stipulations. 3. That the Board `s Order stated, in part, that the Respondents may petition the CEB to modify the Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28, 2007, unless otherwise extended by the Code Enforcement Board. 4. That the Respondent has completed all applications and is awaiting state approval. The Respondent requests an extension to November 1, 2007. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: The Respondent's Request for an Extension to November 1, 2007 is Granted. There will be no imposition of fines until after that date. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of d4 , 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI R COUNTY, FL RIDA :J BY: �_, Gerald Lefebvr ice Cha / 2800 North rsesho(e Drive Naples, Florida 34104 STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisv day ofP, 2007, by Gerald Lefebvre, Vice Chair f the Code Enforcement Board of Collier Coun , lorida, who is personally known to me or who has produced a Florida Driver's License as identification. Kem L Hag Qfj MY Commi NOT PUBLIC won DDY870pa My commission expires: �Plroa March 30, Z(108 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 DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. T STO, n o fFFE FAMILY LIVING TRUST, 9893 Clear Lake Cir., Naples, FL 34108 this day of2007, M. Jean Ra 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 FLORIDA :ounry of Cdl E_i Eta :` 1 HEREBY CERTIFY EY TH#T,*.' Waldje gtnO correct copy of a accit'ift Et on Me rr Board Minutes and " , k � of C611F Col rtl iNIT�►ESS my S,f �l IMS t .. day �f C;:LE*�� BE�CCKT c�ERK �� RTTS DA // CODE ENFORCEMENT BOARD CEB CASE NO.2007-32 DEPT CASE NO. 2005010592 COLLIER COUNTY ^' BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Domenic P. Tosto, a/k/a Domenic Tosto, Trustee, and Joanne M. Tosto, Trustee of The Family Living Trust , 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 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4224 PG 0252 , et. seq. And again , on July 26, 2007, the Code Enforcement Board held a hearing to hear a petition by Defendant(s), and issued an Order that granted Defendants an extension of time to Nov. 1, 2007, with no penalty. Recorded in the public records of Collier County, Fla. In OR Book 4265, PG 1069, et seq. 2. That a re -inspection was performed on Nov. 2, 2007. 3. That the re -inspections) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. Respondent(s) have not complied with paragraph #2 of the July 26, 2007 revised order by NOT having obtained a complete and sufficient Collier County Demolition Permit by Nov. 01, 2007, resulting in a fine of $250.00 per day for each day the violation continues past Nov. 2, 2007. Also, respondent(s) have not complied with par. #3 of the July 26, 2007 revised order by not having executed said Demolition Permit, by n Nov. 01, 2007, resulting in an additional fine of $250.00 per day for each day the violation continues past Nov. 2, 2007. FURTHER AFFIANT SAYETH NOT. Date Nov. 02, 2007 STATE OF FLORIDA COUNTY OF COLLIER Sworn to Public) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 4ENNIS WAZZONE� Code Enforcement Official subscribed before me this Nov. 02, 2007, by Dennis Mazzone, Collier County Code n (Print/Type/Stamp Commissioned Name of Notary Public) personally known q REV 3-14-05 S'pY da C. W01fe � UJR+ `.�'': Commission #DD27Dec 07, 2007 ; Expires* nddedThm �' OF µ�° Atlantic BondinS Co" lum /7, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Albert Houston SR, Respondent CEB No. 2007-63 DEPT No. 2006070938 Request for Imposition of i„es F aait+J ITEM Notice of Hearing (Imposition of Fines) PAGE(S) Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-9 10-11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, ALBERT HOUSTON, SR.,RESPONDENT Case: CEB 2007-63 Dept. Case No. 2006070938 NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: TIME: February 28, 2008 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: Lot 6 (west half) Block-9, Carson's Add. Subd., of Collier Co, record a/k/a 204 So. 4th. St. Immokalee FL. SERVED: Albert Houston, Sr., Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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.2007-63 DEPT CASE NO.2006070938 Board of County Commissioners vs. Albert Houston, SR Respondent(s) Violation(s): Violation of Ordinance(s) No. 04-41, the Collier County Land Development Code, as amended, Sec. 1.04.00, sub sec. 1.04.01, A and B, Sec. 2.02.00, sub sec. 20.02.02-B and sub sec. 2.02.03, Sec. 2.03.00, sub sec. 2.03.01-H, Sec. 8.08.00, B and E-4, Sec.9.03.00, sub sec. 9.03.01-D, Sec. 10.02.06-131a thru. Ie. Violation of Ordinance No. 2004-58, The property maintenance Code, Sec. 6, par's. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12-a thru d, f, thru in, and o thru. Q. par's. 17, 19, and 20, Sec 15 and Sec. 16. Violation of Ordinance No. 2005-44, the litter, weed and exotics control ordinance, Sec. 7 and Sec. 8. Location: Lot 6, (west half) Block-9, Carson's Add. Subd., of Collier Co. record, a/k/a 204 So. 41h. St. Immokalee, FL Description: Existence of a 24'+/-x 32'+/-wood frame structure having been placed/stored on a "VR" zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, Past unattended and in a state of deterioration. Not to Collier Co. Code. Order(s): On July 26, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4265 PG 1055, for more information. The Respondent has not complied with the CEB Orders as of July 26, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 12,713.21 See below. Order Item # 4 Fines at a rate of $50 per day for the period between total of S 9,150.00. Fines continue to accrue. Order Item # 5 Fines at a rate of $50 per day for the period between the total of S 3,050.00. Fines continue to accrue. Order Item # 8 Operational Costs of $ 513.21 have not been paid. August 28, 2007- February 27, 2008 (58 days) for the December 28, 2007- February 27, 2008 (58 days) for CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS Of COLLIER COUNTY, FL RBC PBB 2800 N HORSESHOE DR 08/02/2007 at 09:34AM DWIGHT E, BROCK, CLERK NAPLES FL 34104 61.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALBERT HOUSTON, Sr. Respondent CEB NO. 2007-63 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26, 2007, and the Board, having heard testimony under oath, 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 That Albert Houston, Sr, is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public bearing, but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4• That the real property located at 204 So. 4`h Street, Immokalee, Florida, Folio 2563112004 more particularly described as (see attached legal) of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41, the Land Development Code, as amended, section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00, sub. sec. 2.02.02-13 and sub. sec. 2.02.03, section 2.03.00, sub, sec. 2.03.01-H, section 8.08.00, B and E-4, section 9.03.00, sub. sec.9.03.01-D, section 10.02.00, sub. Sec. 10.02.06- B 1 a through le ; Collier County Ordinance 2004-58, The Property Maintenance Code, sec. 6, par's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12a-d, f-m, and o-q, par's 17, 19, and 20, sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance, sections 7 and 8 in the following particulars: Existence of a 24' +/- x 32' +/-,wood frame structure having been placed/stored on a "VR" zoned lot in Collier County without a Collier Co. building permit, without having received required Collier County inspections, without a Certificate of Occupancy, left abandoned, unattended and in a state of deterioration. Not to Collier County Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: n VR- 1401 ru; IM That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, , section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00, sub. sec. 2.02.02-B and sub. sec. 2.02.03, section 2.03.00, sub. sec. 2.03.01-H, section 8.08.00, B and E-4, section 9.03.00, sub. sec. 9.03.01-D, section 10.02.00, sub. Sec. 10.02.06-B 1 a through le ; Collier County Ordinance 2004-58, The Property Maintenance Code, sec. 6, par's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12a-d, f-m, and o-q, par's 17, 19, and 20, sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance, sections 7 and 8 be corrected in the following manner: 1. By completing a 24 +/- x 32 +/- wood frame structure, currently located upon Lot 6, Block 9, Carson's Add. Sub., Immokalee, Fla. so as to comply with all Collier County Housing/Maintenance and Land Development Code (permit) requirements, by obtaining an active Collier Co., Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 204 So. 4`h Street, Immokalee, FL, dated 10/06/06, by August 27, 2007. 2. If Respondent elects to obtain a Building Permit to complete the abandoned project in question (reference expired permit no. 960015130), Respondent must execute said permit through to final inspection and obtain a Certificate of Occupancy by December 27, 2007. 3. If Respondent elects to obtain a Demolition Permit, Respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and Regulations by November 30, 2007. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by August 27, 2007, then there will be a fine of $50 per day for each day the violation continues. 5. That if the Respondent elects and does not comply with paragraph 2 of the Order of the Board by December 27, 2007, then there will be a fine of $50 per day for each day the violation continues. 6. That if the Respondent elects and does not comply with paragraph 3 of the Order of the Board by November 30, 2007, then there will be a fine of $50 per day for each day the violation continues. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform a reinspection of all premises in question within 24 hours of abatement. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $513.21 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. Florida. DONE AND ORDERED this 3Ol, day of t1 , 2007 at Collier County, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Gerald Lefeb e, Vice Ch 3twe of F LUR1UA 2800 North orseshoe Drive .#ounty of COLLIER Naples, Florida 34104 zFfEl i SY: ERTi Tft,�Tthis is a true ano ;orrect.copy,at a a ct°s F on file in 30ai'nut��„ o'Collier 4y V,LT1vg#S , 1 seat this OF COURTS D.C. STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: The foregoing instrument was acknowledged before me this day of c 2007, by Gerald Lefebvre, Vice Chair of the Code Enforcement Board of Collier Cou y, Florida, who is personally known to me or 4� who has prod ed Fl id Driver's License as identification. KeM L Flsll NOT R PUBLI My Commission DD2878M My commission expires: are` Expires March 30.2008 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of i ORDER been ent by U. S. Mail to Albert Houston, Sr., P. 0. Box 5310, Immokalee, FL 34143 this day of 2007. M. Jean Raw , Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board n 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 vvillm vvui uy, rm wa Petitioner, -*%V awvv i v4 IVJV Vs. ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-63 DEPT NO. 2006070938 COMES NOW, the undersigned, Albert Houston Sr. , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-63, dated the 26th. day of July, 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 July 26, 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) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 24' +/- X 32' +/- wood frame residential structure having been placed/ stored on a "VR" zoned lot in Collier Co. without a valid Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 FA— - - - - - � • r v v r THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 513.21 incurred in the prosecution of this case-x",� 2) Abate all violations by: dLaT Respondent must complete a 24' +/- X 32' +/- wood frame structure currently located upon lot-6, block-9, Carson's Add. Subd., Immokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining an active Collier Co. Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 204 So. 4"'. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit to complete the abandoned project in question ( reference expired permit no. 960015130), respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. S� Respondent (L r�� 2tvy Date REV 2/23/07 Michelle Arnold, Director Code Enforcement Department Date 7• Thh Document Prepared By sod Return to: DAVID S. OLR[8T=D OLKITSD i MvoD, F.R. 18501 wurdock Circle, suite 101 Port Charlotte, fL 33948 ... . vN. fi f 74F, Vv.• •VY4 , RECORDED a OITICIAL RECORDS Cf COLLIER COOFfT. TL 01/1112000 it im siK DVIGNT S. RROCT. CLERE REC TEE 10.50 DOG-.7C .70 OLkSfED i RILSOR 1$i01 X01DOCK a tl0i Prreel rD N..mben Res below 'T [RARLO?"[ TI 3lBii Grrmce r 1 17N (itaahs r2 TtN. Warranty Deed This indenture, Made this 1 ! " day of 2000 A.D.. Between ALBERT HOUSTON, SR., as President of Mous ON UNLIMITED, INC., A Florida corporation of dw 17—ov of Collier Sate of Florida , grantor, and ALBERT ROUSTON, SR. -h. rttdre,. P. 0. Box 7204, Naples, FL 34101-7294 ••r the r—ty rr Collier &trte of Flerida . grantee. WI[DeSSeth that the GRAN70R. file and m runsweration urthe sum or - --- --- ------ AR .TEN DOLLS ($10).............. -- IMIIAR& 0 ullrs plod and n1whir consideration to GRA.NTGR in hand paid by UKANTEF, the m-clpl whereof rs hcreb) ac►nwlejSed, tus gramcd, barpined and wW 10 the said GRANTEE and GRANTEVS heirs, suceesson and anirte Amer, the fuadwmg descnbed fund, snuate, lying and bars in the County of Collier State of Florida 10 -it Peresl ID Ho- 66930160009 Lot 5, PINE GROVE SUBDI thereof as recorded in Collier County, Flori Parcel ID No. 669302 0 Lot 6, PINE GROVE S D ! thereof as recorded a'� Collier County, Flori Parcel ID No. 25631220 Lot 6, Block 9, CARSONtS l recorded in Plat Book 1, P County, Florida. Parcel ID No. 25631200003 Tract One a sCo"ubdiv � according to the Plat Hook 2, Page the Public Records of ng to the Plat Public Records of yocal,as per plat thereof ,ie Records of Collier Lots B i 9, Block 9, CAP.50N'S ADDITION in Iatmokalee, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AHD EXCEPT the East 57.44 That of the North 100 feet of the South 130 feet of the West 87.44 feet of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 479, Range 29 East, Collier County, Florida. Subject to restrictions, reservations red sascments of record, if any, and taxes for the past, current and subsequent years. The above -captioned property constitutes all or subataatially all of the property and assets of Grantor's corporation, and authorization for the conveyance of same was given by a majority of the shareholders. THIS INSTRUMENT PRZPARED WITHOUT BEFIT OF TITLE S€ARCH end the atsrtor doe. hereby E ltr --nl the ride 1. "id Irnd. red will Jere.rl the tame r,uu..r L. f•..1 .chin- .r ell pervun... h.nn....•.., "M 1"W"A.le F-- rLw11: Fsrrel10 Number gee belox H11y 161v7 rur 1J7J In Witness Whereof, the rtnnwr hu hereuntu set its Isvul mw! seal the day and year lint alw�e uniken Sign sled and delivered In our presence: HOUSTON UNLIMITED, INC., A FLORIDA i t B CORPORATION Y (Sc r!! 00, Pr i to amps ALBERT HOUSTON, SR., PRESIDENT i •• I P.0 Addrsre: P. 0. BOX 7294 ( NAPLES, FL 3410l-7294 • ids T:ve DOncor� >s•itasss + STATE OF Florida COUNTY OF CAA o 0- 0C The fisresutas tlftffm WK tckwwledged before Inc Im % 1 day of J i t 2000 M ALBERT HOUSTON, SR., President of HOUSTON UNLIMIM, �rNC.. A Florida corporation wku 6 penuruily known w me w %ho has pwdueed ••\ \ ac alnwlieawro 1 � — -Printed e I y `P lic _ �otiv a Ex plrss: SPENCER = 640581 4 25 !001 D IIIt{//!yy�� mg ` ' W- 11 IC►r= UwG mwbycDOWSYsriclw. Nw (Sul )Ua77s fun nVID! CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Albert Houston Sr. , Defendant(s) AFFIDAVIT OF NON-COMpLLANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-63 DEPT CASE NO. 2006070938 BEFORE ME, the undersigned authority, personally appeared Dennis Mazzone , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on July 26, 2007 , the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4265 PG 1055, et. seq. 2. That are -inspection was performed on Sept. 19, 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 Sept. 20, 2007 Respondent remains in violation of paragraph # 1 by not having obtained required permits by the Aug. 27, 2007 dead line. Respondent remains in violation of paragraph 48 by not having paid operational costs of $513.21 to date. STATE OF FLORIDA COUNTY OF COLLIER or (Print/Type/Stamp Commissioned Name of Notary Public) Arsonally known q REV 3-14-05 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Dennis Mazzone Code Enforcement Official me this Sept. 20, 2007, by Dennis Mazzone. Linda C. Wolfe ? Commission #DD273407 Expires: Dec 07, 2007 �yrFOFf oe� Bonded Thru Atlantic Bonding Co., Inc. o CEB CASE N0.2007-63 COLLIER COUNTY DEPT CASE NO. 200607093$ BOARD OF COUNTY CONBIISSIONERS, Petitioner n VS. Albert Huston Sr, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for Enforcement Board of Collier County, who after being fully sworn, deposes and says: the Code 1. That on July 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to correct violation by completing a 24+/- x 32+/- wood structure, currently located upon Loth, Block9, Carson's Add Sub., Immokalee, so as to comply with all Collier County Housm Development Code (permit) requirements, by obtaining an active Collier County Building Permit, or Demolition Permit necessary to abate all found violations as noted in Resdential Property g/Maitenance and Land Street, Immokalee, Fl. dated 10-06-06, b Au P rtY Maitenance Inspection Report for 204 So. 4`� complete the abandoned project in question (reference expired permit sno. 960015130), pondent elects oResobtain ndentt must cute said Permit through to final inspection and obtain a Certificate of Occupancy by December 27, 2007. If Respondent elects to obtain a Demolition Permit, Respondent must execute said permit by removing the wood frame structure and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier County Housing Maintence and Land Development Codes and Regulations by November 30, 2007 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4265 PG 1055. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on January 25, 2008. 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The wood frame structure remains on Property. active Collier County Building permit or a Demolition Permit. The fine of $ 0 per day Respondent nhas accumulate. an FURTHER AFFIANT SAYETH NOT. Dated January 29, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 9dMZora,dZi!�_ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 29 day of January 2008 by Ed Morad. (SiAaof Notary Public) k.rnnv I ype/Stamp Commissioned p,u`a,�� pr. c2 :� r ri ?; •- � Name of Notary Public) - Personally known �\ BONDPS?lY+� REV 1/9/08 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Albert Houston SR, Respondent CEB No. 2007-64 DEPT No. 2006070939 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3-9 ^ Affidavit(s) 10 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CEB 2007-64 Dept. Case No. 2006070939 VS. Plaintiff, ALBERT HOUSTON, SR., 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: Lot 6.1 (east half) Block-9, Carson's Add. Subd., of Collier Co. record a/k/a 208 So. 41h. St. Immokalee FL. SERVED: Albert Houston, Sr., Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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.2007-64 DEPT CASE NO.2006070939 Board of County Commissioners vs. Albert Houston, SR Respondent(s) Violation(s): Violation of Ordinance(s) No. 04-41, the Collier County Land Development Code, as amended, Sec. 1.04.00, sub sec. 1.04.01, A and B, Sec. 2.02.00, sub sec. 20.02.02-B and sub sec. 2.02.03, Sec. 2.03.00, sub sec. 2.03.01-H, Sec. 8.08.00, B and E-4, Sec.9.03.00, sub sec. 9.03.01-D, Sec. 10.02.06-13 1 a thru.l e. Violation of Ordinance No. 2004-58, The property maintenance Code, Sec. 6, par's. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12-a thru d, f, thru in, and o thru. Q. par's. 17, 19, and 20, Sec 15 and Sec. 16. Violation of Ordinance No. 2005-44, the litter, weed and exotics control ordinance, Sec. 7 and Sec. 8. Location: Lot 6. 1, (east half) Block-9, Carson's Add. Subd., of Collier Co. record, a/k/a 208 So. 4". St. Immokalee, FL Description: Existence of a 10'+/-x 46'+/-Mobile Home type structure having been placed/stored on a "VR" zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left Past abandoned, unattended and in a state of deterioration. Not to Collier Co. Code. Order(s): On July 26, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4265 PG 1062, for more information. The Respondent has not complied with the CEB Orders as of July 26, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $14,063.21 See below. Order Item # 4 Fines at a rate of $50 per day for the period between August 28, 2007- February 27, 2008 (183 days) for the total of $ 9,150.00. Fines continue to accrue. Order Item # 5 Fines at a rate of $50 per day for the period between December 1, 2007- February 27, 2008 (88 days) for the total of $ 4,400.00. Fines continue to accrue. Order Item # 8 Operational Costs of $ 513.21 have not been paid. -1 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 2800 N HORSESHOE DR 08/02/2007 at 09:34AM DWIGHT E. BROCK, CLERK MAPLES FL 34104 61.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALBERT HOUSTON, Sr. Respondent CEB NO. 2007-64 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26, 2007, and the Board, having heard testimony under oath, 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 That Albert Houston, Sr. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 208 So. 41h Street, Immokalee, Florida, Folio 25631120101 more particularly described as (see attached legal) of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04-41, the Land Development Code, as amended, section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00, sub. sec. 2.02.02-B and sub. sec. 2.02.03, section 2.03.00, sub. sec. 2.03.01-H, section 8.08.00, B and E-4, section 9.03.00, sub. sec.9.03.01-D, section 10.02.00, sub. Sec. 10.02.06- B I a through le ; Collier County Ordinance 2004-58, The Property Maintenance Code, sec. 6, par's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, l2a-d, f-m, and o-q, par's 17, 19, and 20, sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance, sections 7 and 8 in the following particulars: Existence of a 10' +/- x 46' +/- mobile home type structure having been placed/stored on a "VR" zoned lot in Collier County without a Collier Co. building permit, -without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended and in a state of deterioration. Not to Collier County Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: Wd%t A6-WJ lui 1VVJ That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, , section 1.040.00, sub. sec. 1.04.01 A and B, section 2.02.00, sub. sec. 2.02.02-B and sub. sec. 2.02.03, section 2.03.00, sub. sec. 2.03.01-H, section 8.08.00, B and E-4, section 9.03.00, sub. sec. 9.03.01-D, section 10.02.00, sub. Sec. 10.02.06-13 1 a through le ; Collier County Ordinance 2004-58, The Property Maintenance Code, sec. 6, par's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12a-d, f-m, and o-q, par's 17, 19, and 20, sections 15 and 16; Collier County Ordinance 2005-44, The Litter, Weed and Exotics Control Ordinance, sections 7 and 8 be corrected in the following manner: 1. By repairing the 10 +/- x 46 +/- Mobile Home type structure, currently located upon Lot 6. 1, Block 9, Carson's Add. Sub., Immokalee, Fla. so as to comply with all Collier County Housing/Maintenance and Land Development Code (permit) requirements, by obtaining an active Collier Co., Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So. 0 Street, Immokalee, FL, dated 10/06/06, by August 27, 2007. 2. If Respondent elects to obtain a Building Permit for rehabilitation, Respondent must execute said permit through to final inspection and obtain a Certificate of Occupancy by December 27, 2007. 3. If Respondent elects to obtain a Demolition Permit, Respondent must execute said permit by removing the mobile home and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and Regulations by November 30, 2007. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by August 27, 2007, then there will be a fine of $50 per day for each day the violation continues. 5. That if the Respondent elects and does not comply with paragraph 2 of the Order of the Board by December 27, 2007, then there will be a fine of $50 per day for each day the violation continues. 6. That if the Respondent elects and does not comply with paragraph 3 of the Order of the Board by November 30, 2007, then there will be a fine of $50 per day for each day the violation continues. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and n request the Investigator to come out and perform a reinspection of all premises in question within 24 hours of abatement. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $513.21 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. Filin7g� an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, RIDA,` BYE"54 Gerald Lefebvr , Vice :r 2800 North Horseshoe Dr' Naples, Florida 34104 A8t8 01, :FLORIDA CE MT fhfs Is a ftua gno rrect C of yr '� d��:. R��r+� o13 �Ga;d I i.�ii:.t, �`.jq rR . .; F %.�1'i8er � !RF COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN EWPOSITION OF FINES/LIEN CEB CASE NO.2007-64 DEPT CASE NO.2006070939 Board of County Commissioners vs. Albert Houston, SR Respondent(s) Violation(s): Violation of Ordinance(s) No. 04-41, the Collier County Land Development Code, as amended, Sec. 1.04.00, sub sec. 1.04.01, A and B, Sec. 2.02.00, sub sec. 20.02.02-B and sub sec. 2.02.03, Sec. 2.03.00, sub sec. 2.03.01-H, Sec. 8.08.00, B and E-4, Sec.9.03.00, sub sec. 9.03.01-D, Sec. 10.02.06-B 1 a thru.l e. Violation of Ordinance No. 2004-58, The property maintenance Code, Sec. 6, par's. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12-a thru d, f, thru in, and o thru. Q. par's. 17, 19, and 20, Sec 15 and Sec. 16. Violation of Ordinance No. 2005-44, the litter, weed and exotics control ordinance, Sec. 7 and Sec. 8. Location: Lot 6, (west half) Block-9, Carson's Add. Subd., of Collier Co. record, a/k/a 204 So. 4 h. St. Immokalee, FL Description: Existence of a 10'+/-x 46'+/-Mobile Home type structure having been placed/stored on a "VW' zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended and in a state of deterioration. Not to Collier Co. Code. Past Order(s): On July 26, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4265 PG 1055, for more information. The Respondent has not complied with the CEB Orders as of July 26, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 12,713.21 See below. Order Item # 4 Fines at a rate of $50 per day for the period between total of $ 9,150.00. Fines continue to accrue. Order Item # 5 Fines at a rate of $50 per day for the period between the total of $ 3,050.00. Fines continue to accrue. Order Item # 8 Operational Costs of $ 513.21 have not been paid. August 28, 2007- February 27, 2008 (58 days) for the December 28, 2007- February 27, 2008 (58 days) for Wd%t AQVV LU# IVUZ STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: The foregoing instrument was acknowledged before me thi day of - c("i 2007, by Gerald Lefebvre, Vice Chair f the Code Enforcement Board of Collier County, Florida, who is personally known to me or T wZAY hasFlorida Driver's License as identification. rtu KeM l Flan I • My Commission DD287We My commission expires: Expires March 3o, 2oD9 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy o i ORDER h een ent by U. S. Mail to Albert Houston, Sr., P. O. Box 5310, Immokalee, FL 34143 this; day of 2007. M. Jean Ra n, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board ^ 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 vwu-c� vvul IL'/, I FLIP lud Petitioner, V•%9 +V VV L V • 1VV4 Vs. ALBERT HOUSTON SR. Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-64 DEPT NO. 2006070939 COMES NOW, the undersigned, Albert Houston Sr. , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007-64, dated the 26"'. day of July, 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 July 26, 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) 1.04.00, sub sec's. 1.04.01-A & B, Sec. 2.02.00, sub sec's. 2.02.02-B, and sub sec. 2.02.03, Sec. 2.03.00, sub sec's. 2.03.01-H, Sec. 8.08.00-B, and E-4, Sec. 10.02.00, sub sec. 10.02.06-B-1-a thru. 1-e, of Collier County Ordinance No. 04-41, The Collier Co. Land Development Code, as amended, and are described as: Existence of a 10' +/- X 46' +/- mobile home type structure having been placed/ stored on a ' VR" zoned lot in Collier Co. without a Collier Co. Building Permit, without having received required Collier Co. inspections, without a Certificate of Occupancy, left abandoned, unattended, and in a state of deterioration. Not to Collier Co. code. REV 2/23/07 l VA%* -LQVV 1Vt 1VVV THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 513.21 incurred in the prosecution of this case. 2) Abate all violations by: Respondent must repair a 10' +/- X 46' +/- mobile home type structure, currently located upon lot- 6.1, block-9, Carson's Add. Subd., Immokalee, Fla., so as to comply with all Collier County Housing/ Maintenance and Land Development Code ( permit) requirements, by obtaining all Collier Co. Building Permits, or Demolition Permits necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So. 4t'. St. Immokalee, Fla. , dated 10/06/06, by Aug. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-A If respondent elects to obtain a Building Permit for rehabilitation, respondent must execute said permit through to final inspection and a Certificate of Occupancy by Dec. 27, 2007, or a fine of $50.00 per day will be imposed each day the violation continues. 2-B If respondent elects to obtain a Demolition Permit, respondent must execute said permit by removing the mobile home and all resulting debris to a site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and regulations by Nov. 30, 2007, ro a fine of $50.00 per day will be imposed each day the violation continues. 3) Respondent must notify Collier Co. Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement. s� Respondent Date REV 2/23/07 Michelle Arnold, Director Code Enforcement Department Date I-) Tbit Uaetttnest Prepared By and Return la: DAVID i. OLKSTLD OLKEM E n1,503f, P.A. 10501 Murdock Circle, suite 3.03. Port charlotte, FL 33945 2674794 OR; 2709 PG; 1592 INDIDID :a DITICIAL 13CORDS cf ULL13I COD3T?, ?L 01/11/1000 it 10:1SAK DVICST 1. BROCI. CLERI Ric ?ii 10.50 DOC•.7C. .70 Rlt:s: 01)(STID i YILSOC 11511 HDRDOCI CR #101 1'-".4aD Ht.rnban See below "! CR%RL01li ?L iiiib Greaten el TN t iraotee e= TIN. Warranty Deed This Indenture, made this a 7 L" deyof j,,, 2000 A.D.. Between ALBERT HOUSTON, SR., as President of H0US4ON UN*LIi6IT=, INC., A Florida corporation of 16.- county of Collier , Sure of Florida . gmator. and ALBERT HOUSTON, SR. -ha— addre.. i.• P. 0. Box 7204, Haplas, FL 34101-7294 or tw coo ty or Collier State of Florida . eraotee. Witnesseth dui the URAlvr) ok. fttr and to ronsulrratitm ofthr stun of ------- ----------------TEN DOLLARS ($10)- -txltLaex. and')"'Crgood end I1aluahlr climidrratiun to URANMIt in twid Paid by URANI'[:F,the rmcgn whctror is barb} - ')"'Crck ...I jsc t, su, p hard, bergsitml end Will ar dir said GRANTEE and GRANTEs`S heirs, successors and auigns fumer, die following dcunbed land, situate, lyin;andbeinlin0wrountyur Collier sate or Florida wwit Parcel ID No. 66930160009 CQU Lot S. PINE GROVE SUB" V t he Plat thereof as recorded in Book 20 Page accthe Public ng to tRecords of Collier County, Florid Parcel ID No. 669302 00 Lot 6, PINS GROVE S D I is o cc rding to the Plat thereof as recorded h go he Public Records of Collier County, Flori �4 Parcel ID No. 25631120 Go Lot 6, Block 9, CUSONIS k ee, as per plat thereof recorded in Plat Book 1, Pa>� County, Florida. lic Records of Collier Parcel ID No. 2563120DODS Tract One Lots 6 a 9, Block 9, CARSONtS ADDITION in Iamtokales, as per plat thereof recorded in Plat Book 1, Page 33 of the Public Records of Collier County, Florida. Tract Two The Southeast quarter of the Southwest quarter of the Southeast quarter of the Southeast quarter of Section 4, Township 47 South, Range 29 East, Collier County, Florida, LESS AHD EXCEPT the East 57.44 fast of the North 100 foot of the South 130 feat of the west 87.44 feet Of Southeast quarter of the Southwest quarter of Southeast quarter of Southeast Quarter, Sec. 4, Township 475, Range 29 Cast, Collier County, Florida. Subject to restrictions, reservations end easements of record, if any, and taxes for the past, current and subsequent years. The above -captioned property constitutes all or substcatially all of the property and assets of Qraatorts corporation, and authorization for the conveyance of same was given by at majority of the shareholders. W O aim ' N C31 c-rl b G7 c� rn THIS INSTRUMZ= PREPARED WITHOUT BENEFIT OF TITLE SEARCH and the jnnwr does hereby f lly Warrant the ti.le to .ad End, and -..-ill Jere"d d.e_ca.ne aauil..t 12..(,1 ,•fain or all pee .. h..,,u,a•. ry .2 1i 6 Parcel ID Number. Bee bel0x '" OR; 2709 PG; 1593 *** In Witness Whereof, the yruntur has hereunto ant itt 661 atd coal the day alul year first choke %nttnn 51gn led d delivered In our presence: HOUSTON UNLIMITED, INC., A FLOR I DA ' , CORPORATION 6 Y''ly"� C If,(1C:11) 111 APri to mos TR Ilip_ ALBERT HOUSTON, SR., PRESIDENT 17"Mri), P.O Add—: P. 0. BOX 7294 NAPLES, FL 34101-7294 8--ids Tt®e- eeeir' STATE OF Florida COUNTY OF CiA a.0. 0c The flresom mutorml was wknowledeed before roe Iltic % (� dly of J "-' / t Z " M ALIERT HOUSTON, SR., President of HOUSTON UNLIKITSD,rINC., A Florida corporation w ho ib pentooally known to me ur w Iw has pnAueed \•\ w aln4rluatwrn ..Printed e i SPENCER • cc 640381 ' - U0 0 L.C.N* * C D**SHtec be. MN pa1110J533 1'om MVDL.' �.va�v a.aa�a va�VaJ1�11�1� 1 LVAlW CEB CASE NO.2007-64 DEPT CASE NO. 2006070939 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Albert Houston Sr., Defendant(s) AFFIDAVIT OF NON-COMPLIANCE BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on July 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s)was to abate all violations by repairing the 10+/-x 46+/- Mobile Home type structure, located upon Lot 6.1, Block 9, Carson's Add. Sub., Fl. so as to comply with all Collier County Housing/Maintenance and Land Development Code (permit) requirements, by obtaining an active Collier Co. Building Permit, or Demolition Permit necessary to abate all found violations as noted in Residential Property Maintenance Inspection Report for 208 So 4th Street, Immokalee, Fl, dated 10-06-06, By August 27, 2007. If Respondent elects to obtain a Building Permit for rehabilitation, Respondent must execute said permit through to final inspection and obtain a Certificate of Occupancy by December 27, 2007. If Respondent elects to obtain a Demolition Permit, Respondent must execute said by removing the mobile home and all resulting debris to site intended for final disposal, restoring all premises to a state of compliance with all Collier Co. Housing Maintenance and Land Development Codes and Regulations by November 30, 2007 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4265 PG 1062. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on January 25, 2008. 4. Based on Investigator Dennis Mazzone's case comments a re -inspection was made by Investigator Dennis Mazzone on November 19, 2007. It revealed that the corrective action ordered by the Code Enforcement Board was in compliance. He confirmed that the mobile home in question and all debris resulting from demo of same, has been removed from location to comply however, my research confirming issuance of a demolition permit revealed no demolition permit was issued or applied for. Because of the preceding fact only part of the Order Of the Board was executed and the part of obtaining demo permit remains in non-compliance. FURTHER AFFIANT SAYETH NOT. Dated January 25, 2008. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ED Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to an u be ore me this 25day of January 2008 by ED Morad. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) ,-Personally known V NOTARY PUBLIC • STi T E Or FLOI;IDA Coin 7isionDD629 -JAIS 723 Expires: 16, 2011 8=L,EDTHRUATL'U TiCBONDINGCO.,INC. REV 1/9/08 n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Rodney A and Kathleen A Case Respondent CEB No. 2007-69 DEPT No. 2007010921 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) PAGE S Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-5 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, Case: CEB 2007-69 Dept. Case No. 2007010921 RODNEY M. AND KATHLEEN M. CASE, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3018 55th Terr S.W. SERVED: Rodney M. and Kathleen M. Case, Respondent Inv. Carmelo Gomez, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-69 DEPT CASE NO.2007010921 Board of County Commissioners vs. Rodney and Kathleen Case Respondent(s) Violation(s): Violation of Ordinance(s) 04-41, as amended, Sections: 10.02.06 (13)(1)(a), 10.02.06(B)(1)(e), of the Collier County Land Development Code. Location: 3018 55 Terr S.W. Naples, FL 34116 Folio: 36458240004 Description: Building a shed and gazebo without Collier County Permits. Past Order(s): On August 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4276 PG 3189, for more information. The Respondent has complied with the CEB Orders as of August 23, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 600.00 See below. Order Item # 2 Fines at a rate of $150 per day for the period between December 22, 2007- December 26, 2007 (4 days) for the total of $ 600.00. Order Item # 4 Operational Costs of $299.32 have been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. 0 o RODNEY M. AND KATHLEEN M. CASE, N Respondents CEB NO.2007-69 PQ Pq V] YV 1�7 H Cl ly OG O 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 testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its "a � Findings of Fact, Conclusions of Law, and Order of the Board, as follows: Pq H v :3 a :; o FINDINGS OF FACT � wa r� °° 1 • That Rodney M. and Kathleen M. Case are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the p a A Respondents, having been duly notified, appeared at the public hearing. o 0 3 • That the Respondents were notified of the date of hearing by certified mail and by posting. cT, a .. o0 4• That the real property located at 3018 55t' Terrace S.W., Naples, Florida 34114, Folio 39414400005 more o particularly described as Lot 6, Block 268, GOLDEN GATE, Unit 7, according to the plat thereof recorded in Plat Book 5, Page 140, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04- )( ( 41, the Land Development Code, as amended, Sections 10.02.06 B 1)() ()() a and 10.02.06 B e in the following 1� O q particulars: a� Building a shed and gazebo built without Collier County permits. a 0 a ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, Section o 6 10.02.06(B)(1)(a) and 10.02.06 B e be corrected in the following manner: 1. By obtaining a Collier County Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy within 120 days (December 21, 2007). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 21, 2007, then there will be a fine of $150 per day for each day for each day that until the violation is abated. n 1 R 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case of $299.32 within 30 days Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this --a7 day of , 2007 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: VP, Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this. 1 day of 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, is personally known tome or 1/ who has produced a Florida Driver's License .a ' . ation. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rodney M. and Kathleen M. Case, 3018 55 h Terrace S.W., Naples, FL 341114 this' day of US 12007. �L 4M.Je�wson,sq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 State of FLORIDA ;ounry of COLLIER I HEREBY CERT'IFY,THATthis Is a true and correct copy Qt a .documend. cn J1le to Board hlinut�s and R'6ea�as ,A.Collier County a* ESS MY h anti o cial-seal this 301h,3._. day 6 : ��`7 DWICHT EAROCC CLERK"OF COURTS Rv: "''' D.C., y 14 ` a CD -3< s`AMW bye BMW D.1.ou* &q. Ro QQ°LS N��. P•A. NeP� FWde 134 o* soot 300 QUIT CLAIM DEED an dte dey of t--..`_ mee*ied Huob_ad ead Wtib,bY AodoeY M. cue me to U&uft1�. Nip" M4& ldautm am"" b 3018 sap' 4060889 OR; 4271 PG; 1123 AECDRUEO 1p OPYICIAL REC0AD' Of COWIA COURT, [L 01/16/2007 it 03t1111 Brief E. 180C1;, CLEI!< fie Pil 18.50 Aotp: DO-. 70 90 loss I'm i EECAOU Lie 59! IS irAEii i #300 IAPLI6 1; 34102 onz&' in COW&Mt1m Of TM AM N01100 DOLGREt�,, PW , soap , �10.� P�Wpb'baagad tsMClotmq►atao eaaoW14 Wle, e d hwa Aft eWa b c huM+eu,ea,1 LO dw Pnb� Uoo ROM& coo* yPwms mwft to � bm eao 140 ROUO # 394144aows or 70pdwwith 49 ft 00" adsi p oCc lasub To Have 4d go siom 6s ape ad so �Or. WAW is kw a aq ,, to b t ' ° ►end Offt odd 8UWWr ALSO m ftm ra tlde ye.� Z0D4 end bdba►e �� QM00 threva; r"ooril'told +.ofC.omwCry,, 1 , �aerv4ttoae �d � 4 a. °1°°d°'i hdtasd Cm - t entsned tsoo CmNareulber pit&=�8� pu Qa*L , Floods, Cade N O4 robThfe Qultofeim Dad k bNvt �osded Ocde 1G 12$.4.013(71I 8lveev vAdim 9�e bdjt ada title apu tm 4W no opWab oftitle hd , Oft haswo"W d& Deaf an the date f t pk, written PenN= oi,S l 'd l IL5 ON IODLLffl Nddd doad AiD N3i1100 WdES:ZI 100Z -tiZ -2nV POOR QJALITY ORIGINAL 4- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Case, Rodney M. &Kathleen M., Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-07 DEPT CASE NO. 2007010921 BEFORE ME, the undersigned authority, personally appeared Carmelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on Aug. 23,2008, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain Collier County Building Or Demolition Permit, by requesting inspections and obtaining Certificate of Completion/ Occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4276 PG 3189, et. seq. 2. That the respondent scontact the investigator. 3. That a re -inspection was performed on Dec.26.2007. 4. That the re -inspections) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Dec.26,2007. FURTHER AFFIANT SAYETH NOT. Dated26th day of, December, 2007. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT OARD CARMELO GO Code Enforcement Official Swom to (or affirried) and subscribed before me this Feb.02, 2008 by Carmelo Gomez. (Signature of Notary Polk) ' v (Print/Type/Stamp Commissioned Name of Notary Public) personally known q n.TCu % p7 i(-� it tl F 110PJDA W W:uIIi.5s10R 1,D 67410 yp�res: AUG... �n3� TrrE .%tiartic i;ondLTil Co., Inc. Rev 1/9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Sanctuary of Blue Heron, Respondent CEB No. 2007-73 DEPT No. 2007010729 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-8 Affidavit(s) 9 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. SANCTUARY OF BLUE HERON, Respondent Case: CEB 2007-73 Dept. Case No. 2007010729 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 8115 Sanctuary Drive #1 SERVED: Sanctuary of Blue Heron, Respondent Inv.Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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 4- Case No. CEB 2007-73/ Dept. Case No. 2007010729 2. This is the very same property that is the subject of this Code Enforcement Proceeding. On August 23, 2007, the Association proceeded to a hearing before the Collier County Code Enforcement Board relative to the subject property. As the limited common element lanai is property owned by the Association, the Association was deemed to be in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and the Florida Building Code, Sections 105.1 and 106.1.2, because of Mr. Boschelli's installation of the spa without Collier County Permits. The foregoing violations were to be corrected by obtaining a Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy by November 21, 2007. Please see Code Enforcement Board Order of August 27, 2007, attached hereto as "Exhibit A." 3. As discussed in more detail below, however, the Association was prevented by Court Order from executing its obligations under the Code Enforcement Board Order, and should not now be punished for inaction that was mandated by the Circuit Court. Moreover, on February 14, 2008, Mr. Boschelli, through his counsel, filed a Notice of Issuance of Certificate of Occupancy/Completion, attached hereto as "Exhibit B." While the Certificate of Completion did not meet the November 21, 2007 deadline, it was filed on February 13, 2008, attached hereto as "Exhibit C." FACTUAL BACKGROUND As stated above, this dispute arises from Mr. Boschelli's installation of a hot tub on a limited common element lanai owned by the Association. The installation was commenced without authorization by the Association, and according to the Code -2- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX Case No. CEB 2007-73/ Dept. Case No. 2007010729 Enforcement Board Order of August 27, 2007, Exhibit A, without the required Collier County Permits. The Association opposed the installation of the spa, as it included elements installed on the Association's common elements. The dispute between Mr. Boschelli and the Association proceeded to arbitration before the Department of Business and Professional Regulation (case No. 2007-02- 4363), and a Summary Final Order (the "Order") was issued on June 6, 2007, which became final on July 13, 2007. The Order, attached hereto as "Exhibit D," required the Plaintiff to remove the alterations to the common elements. The Order also stated that the Association did not have the authority to require the Plaintiff to remove the spa from the limited common area lanai. On September 10, 2007, the Collier County Circuit Court entered an Order compelling the Association to provide written authorization to the Plaintiff for an after - the -fact permit. See September 10, 2007 Order, attached hereto as "Exhibit E." This authorization was provided to opposing counsel on September 25, 2007. The Order further provided the following: Defendant, ASSOCIATION shall not attempt, through action or inaction to prevent Code compliance from taking place or otherwise take any action whatsoever inconsistent with Plaintiff Boschelli's right to the use and enjoyment of the in - ground whirlpool/spa. Accordingly, the Association's hands were tied. The Association could not exercise control over the contractor retained to install Mr. Boschelli's spa, and was prevented by Court Order from seeking a permit to demolish the spa. The Association was held hostage to Mr. Boschelli's whim, and was forced to wait for the completion of the installation and permitting process. -3- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX Case No. CEB 2007-73/ Dept. Case No. 2007010729 ANALYSIS Florida Statutes §162.09 provides local code enforcement boards with the power to impose fines for code violations. This section provides in pertinent part the following: 1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section ... (b) In determining the amount of fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. The second factor in the foregoing analysis is of particular relevance in this case, as the Association had no power to correct the violation at issue. As set forth in the August 27, 2007 Code Enforcement Board Order, the Association could have corrected the violation by taking the following action: "By obtaining a Collier County Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy within 90 days (November 21, 2007)." Exhibit A. As of September 25, 2007, however, satisfaction of the Code Enforcement Board Order became impossible. The Association could not exercise control over the contractor retained to install Mr. Boschelli's spa; and, as stated above, the Association was prevented by Court Order from seeking a permit to demolish the spa. Exhibit E. Clearly, demolishing the spa would have been in direct violation of the Court ordered prohibition against taking any action "inconsistent with Plaintiff Boschelli's right to the use and enjoyment of the in -ground whirlpool/spa." -4- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX Case No. CEB 2007-73/ Dept. Case No. 2007010729 The Association was held hostage to Mr. Boschelli's whim. Mr. Boschelli had the power, through delay or inaction, to force the Association to exceed the November 21, 2007 deadline set forth in the August 27, 2007 Code Enforcement Board Order. In an attempt to force his hand, the Association filed an Emergency Motion to Compel Compliance with Summary Final Order, attached hereto as "Exhibit F." The Circuit Court took this motion under advisement, and has yet to issue a ruling. Like a sanction for contempt of a court order, a fine issued by a local code enforcement board could be punitive or coercive in nature. The purpose of a punitive sanction is to "vindicate the authority of the court or punish for conduct which is offensive to the public in violation of an order of the court." Bontrager v. Sessions, 582 So.2d 766, 768 (Fla. 1st DCA 1991). The primary purpose of a coercive sanction is to "secure compliance with the court's order..." Id. Neither of these purposes would be fulfilled in imposing a fine on the Association under the factual circumstances in this case. A fine against the Association would not vindicate the authority of the Code Enforcement Board, as no action on the part of the Association can be seen as an attack or encroachment upon that authority. The Association was powerless to correct the code violation at issue, and would certainly have done so if not prevented by Court Order. A fine against the Association would also serve no coercive purpose, as the Association could not and cannot take any action that would comply with the August 27, 2007 Code Enforcement Board Order. In the context of civil and criminal contempt, an essential finding to support contempt is the party's intent to violate the order at issue. In order to constitute contempt, the failure to follow a court directive must be willful. Department of Children -5- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX Case No. CEB 2007-73/ Dept. Case No. 2007010729 and Families v. Soliman, 947 So.2d 568, 570 (Fla. 1 st DCA 2006)(reversing an order of contempt, where there was no express showing that DCF had the ability to comply or that its refusal was willful); Gregory v. Rice, 727 So.2d 251, 254 (Fla. 1999). Here, the Association's failure to comply with the Code Enforcement Board Order was not willful, and the Association attempted through the legal avenues available to it at that time to secure an Order from the Collier County Circuit Court that would have had the effect of curing the building code violation. Exhibit F. Again, however, the Court was silent and did not respond to the Association's efforts. Accordingly, the Association's failure to comply was not willful; moreover, they had no ability to comply. As such, no fine should be imposed in this case. WHEREFORE, the Association requests that the Code Enforcement Board refrain from imposing a fine upon the Association, and provide such other relief deemed appropriate under the circumstances. -6- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX Case No. CEB 2007-73/ Dept. Case No. 2007010729 CERTIFICATE OF SERVICE WE HARE Y CERTIFY that a true and correct copy of the foregoing was furnished via U.S. ail this 1 1 day of February, 2008, to: Bendisa Marku, Operations Coordinator, Collier County, 2800 N. Horseshoe Drive, Naples, FL 34014. COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant(s) The Mellon Bank Building, Second Floor 1645 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 E-Mail: postman@csklegal.com Telephone: (561) 383-9234 Facsimile: (561) 683-8977 By: BARRY A. OSTMAN FBN: 991856 RON M. CAMPBELL FBN: 0827061. L:\1918-0213-00\P\Notice of Filing in Response and Opposition to Imposition of Fine.doc -7- COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 (561) 383-9200 - (561) 683-8977 FAX CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMNIISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. SANCTUARY OF BLUE HERON, Dawn Bricco, President Respondents CEB NO.2007-73 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 23, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriato matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Sanctuary of Blue Heron is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by.posting. 4. That the real property located at 8115 Sanctuary Drive, #1, Naples, Florida 34101, Folio 71876000001 more particularly described as (see attached legal) of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(B)(IXa) and 10.02.06(BXl Xe) and the Florida Building Code, 2004 Edition, Sections 105.1 and 106.12 in the following particulars: Installation of spa/hot but in a common area without Collier County Permits. Ms.' e : • :_.-1' Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(BX])(a) and 10.02.06(BXIXe) and the Florida Building Code, 2004 Edition, Sections 105.1 and 106.1.2 be corrected in the following manner•. 1. By obtaining a Collier County Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy within 90 days (November 21, 2007). EXHIBIT 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 2I, 2007, then there will be a fine of $200 per day for each day for each day that until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $275.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDEWD. this c2 i day of (2&dZ , 2007• at Collier County, Florida. o CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: �C1•L. Icy Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of _ 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, is personally !mown to me or ✓ who has produced a Florida Driver's License as identification. ,,,�� q{I1N►�L #DD24W1 tea' M� NOTARY PUBLIC a,,,d, TOtw'► My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sanctuary at Blue Heron, Dawn Bricco, President, 3940 Radio Rd., Ste. 111, Naples, Florida 34101, lace Leichter, Esq., Cole, Scott & Kissane, P.A., 1645 Palm Beac Blvd., W. Patin Beach, FL 33402, and to Keith Upson, Esq., P. O. Box 111282, Naples, FL 34]08 this day oft �f' 2007. t V M. can wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 2951519 OR: 3002 PG, 2086 r "Cebu ii 0111au ne mi of COUM WIM, 11 /3/2012102 A 12:41" ITIM-1 1110a, MM- _ COOT JtttON.N UC to 19.51 W-41 21111.11 Iets: Thk lastrm at prepared by and return to: JAOI TUGIR cam JANE YEAGER CHWY, Attorney at 1.aw 2375 ?AIM W I ON 2375 Tarniarni Trail North, Suite 310 win n 363 Naples, Fronds 34103.4439 PbotK: (941)263.1130 Fax: (941) 263.3927 Property Apprawn; Pavel Identifuation Number: SP/4CB ABOV B THM LDM FOR RECORDING DATA THIS WARRANTY DEED made and executed the _5. day of March, A.D., 2002, by NAPLES ASSOCUTES, an Oblo general pan'ta"lp, (hw eiinder called the"Grantor"), -to LUCKY STROZ W K., INC., a Florkbt eorpomdon, whose mailing address is:1100 Pine Ridge Road, Naples, Florida 34108, (ito "Grantee"): (Whenever wad boon due terfai � "Grantee" lac pants btba instr uaeat and the brim kcal mpnp�ves of individual:. and the and ssdpu of eapoeuioas.) WtTNFSSEZ'H: t tut iri ortRi of dw turn of $10.00 and other valuable t.otnsidera 1 by these presents does gnat, bargain, sell, slien, , l , o Grantee, all that certain land and all hWrovements vfz: n Attached ExQ (bereinafter the SUBJECT TO: its, � liraitatic>tta and conditions of recall cxtlramon to the subdivisiail, applies o zotultg ononmims, building codes, and other r�ssd ictio ns imposed by local, state, or fedaral governmental authorities, any outsto AW9 Oil -,gas sad mineral intmo of rr dw* if any, . and taxes and assessments, if any, accruing subsequent to December 31, 2001, which the Grantee a acmes and agrees to pay. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple ftxt m. AND the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Land in fee simple; that Grantor has good right and lawful authority to sell and convey the Land; that Grantor hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever; and that the Land is free of all encumbrances, except as p mvided above. M: 3002 PG: 2087 M WITNESS WHEREOF the Grantor has caused these presents to be executed the day and -you first above written. &TZ ALLOn4 TA"S d, sealod deli to tho pry of; NAPLES ASSOCIATES, an Ohio general V vAplt L. ROM 4r Print Name of Witness $&Am of tnesa ' Name of Wita�aa 4Si of Witness FIdt Print Name of Witness partnership, by its sole general partners U", n. I ,, -,o- f I %. FM - on - - TH S L T R, gat partner, j A M 17A Scold Partner ganc al partner STATE OF F1,0$MA COUNTY OF COLLIEB O I HEREBY CERTIFY officar duly authorized in the State and County aforesaid to take acknowlcd a ly appeared Thomas IL Merryweather, David L. Braman and John S. Steinhauer, -as the sole three general partners of -NAPLES ASSOCIATES. an Ohio general partnership, who produced Ohio Driver Licenses as identification and are named in the foregoing instrument and that they acknowledged executing the same, .in the presence of two subscribing witnesses, freely and voluntarily, and with due authority on behalf of said general partnership. ESS hand and official scat in the State and County last' aforesaid this (SEAL) ,t e' ' 1"3* r„t,,..... . 'nted Name of Notary •'•. ,4eij'„ ;! y Commission Number is: STcf< My Commission Expires: ��M?PssAW+ie�wMntreY,U1C.in r+vwwM qt OR: 3002 PG: 2088 Exhlbit A BLUE HERON DEVELOPMENT TRACT A Tract of land lying in the East half of Section 33, Township 49 South, Range 26 East, Collier County, Florida and more particularly described as follows; Beginning at the Northeast corner of Sapphire Gives Unit 4A, a subdivision a recorded in Plat Book 28, Page 70 and 71. of the Public Records of Collier County, Florida, run S 02 degrm 04' 44" E along the Easterly line of said Sapphire Lakes Unit 4A for a distance of 141 A9 feet; them run S 20 degrees 16t. 41' E for a distance of 233A4. feet; dw= ram S 72 degrees $5' 17" E for a distance of 41.94 feet; thence run S 25 degree: 20' 41" E for a distance of 224.44 feet; then run S 37 degrees 54' 20" E for a distance of 16S.08 feet; tierce rain S 49 degrees NY 51" E for a distance of 227.66 feet; than rtm S 82 degras 4S nce 55" E for a distaof 119.96 feet; thence run S 25 degrees 231460 I: for a distance of 413.20 fat to the Southeast caner of Sapphire Lakes Unit 4C, a subdivision as recorded in Plat Book 29, Page 9 and 10 of said public records; thence run S 70 g the South line of said Sapphire Lakes Unit 4C for a distance of 130.42 ket to a o1 curve, dmft leaving said South line run 283.53 feet along the arc concave to i having aradius of 60.00 fat, a central angk of 270 degrees 45' distance of 84 a chord barring of S 86 degrees 29' 54" W to a point of run 5.71. feet arc of a crave concave to the Nordnvm having a radius o 5. fe Hera g 13 ' 29", a chord distance of 5.70 feet and a chord bearing of 35 e 1 E till line and the South line of said Sapphire Label Uni 4C• said South line for a distance of 193.88 feet to the Sou f t Easeerty line of Sapphire Lakes Unit 2. a subdivision in Pa f said public records; thence tun S 00 degrees l0' 54" E Fsstaly line far a feet; thence run S 67 degrees 04' 26" W for a distance of oat; 6mce run S s W for a distance of 281.88 feet; thence leaving aid Easterly ' 44 degrees 44' 27" of 333.76 feet to a point on a non-taxim a w circular curve; 5.39 feet alo:tg a curve eaaeave to the Now having a radius of 63.37 feet, a cen , a chord distance of 71.02 feet and ■ chord bearing of S 06 dgpm 22' 1 S" circular curve and the North line of Sapphire Lakes Unit 3C, a subdivision as in Plat Book 31, Page 9 and 10 of said public records; thence run 163.94 feet alaig the arc of a curve concave to the Southwest having a radius of 198.66 feet, a central angle of 47 degrees IF 55", a chord distance of 159.33 fat and a chord bearing of S 42 degrees or I E; thence -nm- S 18 degrees 40' 40" E for a distance of 98.03 fat; thence nm 104.59 font along the rc aof a curve concave to the Northeast having a radius of 90.00 fee% a central =*k of 74 degrees $4' 140, a chord distance of 97.30 feet and a chord bearing of S 56 degrees 09' 28" E; -thence nun N 86 degree 21' 56" E for a distance of 85.30 feet; thence run S 03 degrees 37' 24" E for a distance of 317.81 gent; thence tun S 86 degrees 22 11 " W for a distance of 81.05 feet; thence run 143.39 feet along the we of a Burn cmmve to the Southeast having a radius of 129.00 feet, a central angle of 63 degrees 41' 11 chord disance of 136.12 feet arnd a chord bearing of S S4 degrees 28' 33" W; thence run S 22 degrees 40' 00" W for a distance of 184.91 feet; thence nm S 33 degrees 36 36" W for a distance of 127.22 feet thence run S 00 degrees 25' 27' E for a distance of 59.83 feet to the Southeast cornier of Sapphire Lakes Unit 313, a subdivision a recorded in Plat Book 27, Page 72 and 73 of said public records and the North right-of-way line of Radio Road (County Road No. 856); thence run N 89 degrees 25' 03' E along said North right-of-way line for it distance of 599.30 feet thence laving said. North right-of-way line run N 45 degrees 35' 54" W for a distance of 25.55 feet; thence run N 00 degrees 35' 54" W for a distance of 88.19 feet; thence run N 19 degrees 10' 16" W for s distannce of 57.83 feet; thence ruin N 41 degrees 40' Page i of 2 *** OR: 3002 PG: 2089 "t 16' W for a distance of 117.68 feet; dance run N 19 degrees 10' 16" W for a distance of 129.76 fat; thence nm N 03 degrees 19144. E for a distance of 38.00 fat to a point of curvature; thence rum 124.36 feet &long the arc of a curve concave to the Southwest having a•radius of 539.00 feet, a central angle of 13 dopm 14' 39", a chord distance of 124.08 feet and a*chord bearing of N 03 degrees IT 35" W to a point of ptmgMW, dmm tun N 09 degrees $V 55" W for a distance of 55.24 feet to.a point of curvature; thence rtm 11322 feet aloe= the an of a curve concave to the Northeast baying a radius of 486.00 feet a central angk of 13 degrees 20' W. a chord diarmcx of 112.97 feet and a chord barring of N 03 degrees 14' 28" W to a point of tamgarey; thence run N 63 depute 25' 58" E for a distaaee of 80.37 feet to a point of curvature; d mce run 261.45 feet along the arc of a curve concave to the Southeast having a radius of 485 A fat, a ve ntral ample of 30 degrees 53' 13". a chord distance of 2S8.30 feet and a chord bearing of N 18 degrees S2' 35" E to a point on a nwriangemtial line; thence run N 33 degrees 45' 32" E for a distance of 36.48 fact; the = run N 22 dep30' 32' E for t; th a distance of 29.23 feeence run N I 1 degrees i S 32" E for a distance oeea f 35.47 feet; thence tun N 00 degrees 00' 32" E for a diatama of 24.36 feet do= rani N 89 degre 'Sf 54" E for a distance of 854.29 fact to des East line of the Soudma Quarter of maid Section 33 and the West lime of Sherwood Pads, a subdivision as recorded in Plat Boole 25, Pages S7 th ou&49 of said public records; theme rum N 00 degrees 141340 W along said East lime for a distartee of 1403.90 feet to the East quarter cornier of aid Section 33; thence rum N 00 degraa 13' 36' W along the East late of tin Northeast Quarter f said Section 33 for a disdnx of 350.12 kit to an interrecdom with the South right-or-wa (State Road No. 93X these rum 1161.64 feet along the we of a curve cenca of 11297.16 feet, a central angle of 0S degras S3' 29", a chord ditto 1.13 feet and a c of N 89 degrees 07 04" W,, theme rum S 87 degrees S3' 05 a distance of 632.49 feet ' of Beglnaina. Page 2 of 2 I 2/14/2008 12:56 PM FROM: 2395143537 TO: 1-561-683-8977 PAGE: 002 OF 002 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JOSEPH BOSCHELLI, Plaintiff, V. THE SANCTUARY AT BLUE HERON CONDOMINIUM ASSOCIATION, INC, A FLORIDA CORPORATION, Defendant. CASE NO. 07-0478-CA Honorable Cynthia A. Ellis NOTICE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY / COMPLETION PLAINTIFF JOSEPH BOSCHELLI through counsel hereby gives notice that on February 13, 2008, the Department of Building Review and. Permitting, Collier County, Florida, issued a Certificate of Occupancy / Completion for the improvement that is the subject of this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail to Glenn J. Ballenger, Esq., Kraus & Ballenger, 1072 Goodlette Road North, Naples, Florida, 34102, Counsel and registered agent for Defendant ASSOCIATION, and also via facsimile and U.S. Mail to Barry S. Postman, Esq. and Ron M. Campbell, Esq., Cole, Scott, et al., 1645 West Palm Beach Lakes Blvd, 2nd Floor, West Palm Beach, Florida, 33401., 561-683-8977,'this /Lflay of Fe ruary, 2008. �I. H . PSON Florida Bar No. 130079 Post Office Box 111282 Naples, Florida 34108-0122 239-248-7404 Voice , 239-514-3537 Facsimile X \B0eche11U0$-10501$pa 111MR11 — ARC-1050-MAPleadinVANwim of Cenifiicate 2.14.03.dm EXHIBIT RECEIVED TIME FEB.14, 12:53PM PRINT TIME FEB.14. 12:55PM 2/14/2008 12:56 PM FROM: 2395143537 TO: 1-561-683-8977 PAGE: 001 OF 002 KEITH W. UPSON ATTORNEY AT LAW FACSIMILE TRANSMITTAL SHEET To: Ron M. Campbell, Esq. Fax Number: 1-561-683-8977 From: Keith W. Upson Pages: 2 Date/Time: 2/14/2008 12:56:28 PM Subject: Boschelli v. Sanctuary The information contained in this facsimile message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prolubited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the address below via the U. S. Postal Service. If you do not receive all pages, please call the number below as soon as possible. Post Office Box 111282, Naples, Florida, 34108-0122 239-248-7404 Voice, 239-514-3537 Facsimile www.keithupson.com information@keithupson.com RECEIVED TIME FEB,14, 12:53PM PRINT TIME FEB.14. 12:55PM NA6 l '61 '833 3WI1 AM WdGG l '61 '833 3WI1 03AI303N'(( cnPR2025 COLLIER COUNTY eLZ� BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETI� '� to is issued ersuant to the requirments of the Code This C � p certif that at the time of issuance this structure was in compli�41tBuilding the various ordinances of the county regulating building construction or use. For llowing: PERMIT NBR: 2007110344 CO TYPE: COMP CO NBR: 373271 STATUS: ISSUED ISSUED DATE: February 13, 2008 ADDRESS: 8115 SANCTUARY DR SUBDIVISION: 3574 Sanctuary at Blue Heron, The LOT: 01 BLOCK: BLDG 5 2 T . R . S . : SLUC CODE: UTILITY COMPANY: JOB DESC: S/F FIBERGLASS SPA ELEC FROM SUB OWNER: DAVISON. THOMAS A JOSEPH M BOSCHELLI 8115 SANCTUARY DR #1 NAPLES FL 0 341040000 LEGAL DESCRIPTION SANCTUARY AT BLUE I•IERON, THE A CONDOMINIUM BLDG 52-01 NUMBER OF METERS: Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate of prior date. EXHIBIT Collier County Board of County Commissioners CD -Plus for Windows 95/NT Printed on: 2/19/2008 Page 1 of I/i 5ti£Z£0ti6£Z dSUL 6pLq oo J@LLLoo Wd 8Z:I0 1:23:2 1 800E-6I■ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION The Sanctuary at Blue Heron Condominium Association, Inc., Petitioner, V. Joseph Boschelli and Thomas Davison, Respondent. Case No. 2007-02-4363 SUMMARY FINAL ORDER Statement of Issue The issues presented by the Petition for Arbitration are whether Respondents improperly installed an in -ground whirlpoollspa in a limited common element lanai, with' pump, pipes and wiring outside the building, in common elements not intended to be limited. Procedural History Petitioner, The Sanctuary at Blue Heron Condominium Association, Inc., filed a petition for arbitration on April 5, 2007, An Order Requiring Answer issued on April 25, 2007. Respondent filed an Answer on May 15, 2007, with affirmative defenses. Respondent filed a Request for Referral to Mediation on May 24, 2007. Petitioner filed a Motion to Strike, with reply to the affirmative defenses on May 29, 2007. Findings of Fact 1. Petitioner is the condominium association responsible for the operation of EXHIBIT c;. The Sanctuary at Blue Heron Condominium. Respondents are members of the Association by virtue of ownership of Unit 5201 of the condominium. 2. The Declaration of Condominium for Petitioner was filed November 8, 2002, by the .developer, Lucky Strike M.K., Inc., which, at that time owned all memberships of the Association. The Articles of Incorporation for Petitioner, filed at the same time, named the officers and directors of the Association, controlled by the developer. The records of the Florida Secretary of State reflect that the developer controlled the board of directors until December 2006. 3. Respondent's unit is part of a one-story building, consisting of two back-to- back units running lengthwise from a driveway on one end to a lanai on the other. An entry door sits approximately half way between the driveway and the lanai. The lanai is inset so that it is bounded on three sides by walls, with the remaining sided open to common eleme6. 4. On February 13, 2006, Respondent, Boschelli, sent a letter to Guardian Property Management, MK Development, at the address for the registered agent of Petitioner. The letter is addressed to "Mr. Kessous & Associates". The text reads: In confirmation of my phone conversation this week with Cheryl at Guardian who referred me to Mr. Kessous' assistant via his cell phone, I am putting in a formal request to install an in ground spa in my lanai. I understand that there is no formal homeowners association in effect at Blue Heron Sanctuary and there is no firm date for a transfer of power to the Blue Heron owners who would normally review this request. I will wait for 30 days + for your response and if I do not hear from you I will proceed with the project. According to Mr. Kessous' assistant (who's name I did not write down) I may not enlarge my lanai due to setbacks from the lake. I was told that a spa in the lanai is not a problem and to proceed. I will wait the 30 days from mailing this letter and actually do not plan on having the spa installed until late May or early June as I am a teacher and want to be.home during construction. I have 2 decided on Aloha Pool and Spa Company to do the work, and they will install a 78" round spa, in ground to the right side of the lanai if you are looking in from the outside. There will be no changes to the outside of the villa. The small pump and heater will be installed in the area of the master bath. They will be secluded by shrubbery which 1 will install. I will look forward for your response to this correspondence and will be excited to proceed with my project if I do not hear from you with any concerns. I transfer of power to homeowners takes place before my spa installation I will also subm.'it this request to them. 5. THe actual construction placed a pump, heater, above ground 2' white PVC pipes, and electric wiring on a concrete pad, with an electric junction box on the exterior wall outside the master bath. The master bath is located half way between the entrance to the'unit and the lanai end of the unit. It must be assumed that the PVC runs outside the wall and around the cornet to the lanai, although shielded by mulch and shrubbery installed by Respondents. Conclusions of Law 1. The Division has jurisdiction over this matter pursuant to section 718.1255, Florida Statutes: which provides: (1) DEFINITIONS.- As used in this section, the term "dispute" means any disagreement between two or more parties that involves: (a) The authority of the board of directors, under any law or association document to: 1. Require any owner to take any action or not to take any action Involving that unit owner's unit. 2. Alter or add to a common element. (b) The failure to a governing body, when required by this chapter or an association document, to: 1. Properly conduct elections. 2. Give adequate notice of meetings or other actions. 3. Properly conduct meetings. 4. Allow inspection of books and records. "Dispute" does not include any- disagreement that primarily involves: title to any unit or common element; the interpretation or Q enforcement of any warranty; the levy of a fee or assessment, or the collection of an assessment levied against any party; the eviction or other removal of a tenant from a unit; alleged breaches of fiduciary duty by one or more directors; or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property. 2. Respondent specifically denies the authority to arbitrate this case because the allegations yfundamentally and inextricably arise out of Petitioner's board members' breach of their fiduciary obligations to the Association." 3. Rule 61 B-45.013, Florida Administrative Code provides in part: (4) Where a controversy involves both matters eligible and ineligible for arbitration, the arbitrator shall determine by order whether the ineligible matters may properly be severed from the controversy so that the remaining eligible issues may be arbitrated. 4. In this case, the physical alteration of the common elements by the unit owner is governed by the declaration of condominium and Chapter 718, Florida Statutes. Issues related to the physical alteration are severable from the breach of fiduciary duty, ifiany, over which this arbitrator does not have jurisdiction. 5. With respect to additions, alterations or improvements by the Unit Owner, section 11 of Petitioner's Declaration of Condominium provides: Consent of the Board of Directors. No Unit Owner shall make any addition, alteration 'of improvement in or to the Common Elements, the Unit or any Limited Common Element, including, but not limited to, the installation of awnings, hurricane shutters, hot tubs or trellises in lanai areas, without the prior written consent of the Board of Directors. The Board shall have the obligation to answer any written request by a Unit Owner for approval of such an addition, alteration, or improvement in such Unit Owner's Unit or Limited Common Elements within thirty (30) days after such request and all additional information requested is received, and the failure to do so within the stipulated time shall constitute the Board's consent, Notwithstanding the foregoing, the board shall not refuse to approve the installation or replacement of hurricane shutters conforming to specifications as to color, style, and other 21 factors deemed relevant by the Board. The proposed additions, alterations and improvements by the Unit Owners shall be made In compliance with all laws, rules, ordinances and regulations of all governmental authorities having jurisdiction, and with any conditions imposed by the Association with respect to design, structural integrity, aesthetic appeal, construction details, lien protection or otherwise. Once approved by the Board of Directors, such approval may not be revoked. A Unit Owner making or causing to be made any such additions, alterations or improvements agrees and shall be deemed to have agreed, for such Owner his heirs, personal representatives, successors and assigns as appropriate, to hold the Association, and all other Unit Owners harmless from and to indemnify them for any expenses arising therefrom, and shall be solely responsible for the maintenance repair, and insurance thereof from and after the date of installation of construction thereof as may be required by the Association. The Board may appoint an Architectural Control Committee to assume the foregoing functions on behalf of the Board. 6. Tfie Declaration contains additional language with respect to alterations and. exterior improvements under occupancy and use restrictions of Section 19, as follows: 19.4 , Alterations. Without limiting the generality of Section 11.2 hereof, no Unit Owner shall cause or allow improvements or changes to any Unit, Limited Common Elements appurtenant thereto or Common Elements, including but not limited to, painting or other decorating of any nature, installing any electrical wiring, television antenna, machinery, pools, whirlpools or saunas, or air- conditioning units or in any manner changing the appearance of any portioh of the Building, without obtaining the prior written consent of the Association(in the manner specified in Section 11.1 hereof). 19.9 ' Exterior improvements: Landscaping. Without limiting the generality of Sections 11.1 and 19.4 hereof, no Unit Owner shall cause anything to be affixed or attached to, hung, displayed or placed on the exterior walls, doors, lanai, or windows of the Building (including, but not Limited to, awnings, signs, storm shutters (except hurricane shutters), screens, window tinting, furniture, fixtures and equipment), nor to plant or grow any type of shrubbery, flower, tree, vine, ':grass or other plant life outside his Unit, without the prior 5 written consent of the Association and the Architectural Review Committee. 19.10 Effect on Developer; Association. The restrictions and limitations set forth in this Section 19, Except Sections 19.3 and 19.8, shall not apply to the Developer nor to Units owned by or leased to the Developer. The Association shall have the power(but not the obligation) to grant relief in particular circumstances from the provisions of specific restrictions contained in this Section 19 for good°cause shown. 7. Resolution of the disputes in this case begins with the legal effect of filing the Declaration of Condominium. At the time of filing, the real estate described in the Declaration becomes subject to restrictions and covenants. Modification of those restrictions and, covenants is controlled by Chapter 718, Florida Statutes, and the specific terms of the Declaration. Additionally, at the time of filing, the initial board of directors of the Association is named, with the authority and obligations set forth in Chapter 718 and the Declaration. 8. The disputes in this case arise from treatment of two distinct classifications of property described in Section 6 of the Declaration: first, the undivided share in the Common Elements which is appurtenant to all Units, and shall remain undivided; second, the exclusive right of a particular Unit to use all appropriate appurtenant Limited Common Elements. The first classification applies to the pump, filter, piping, electric wiring and concrete pad outside the wall in the area of the master bath. The second classification applies to changes within the lanai area. 9. Chapter 718 contains two subsections that apply to the Association authority to change common elements. 10. Subsection 718.110(4), F.S., provides, in pertinent part: Unless otherwise provided in the declaration as originally recorded, 6 no amendment may change the configuration or size of any unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the percentage by which the unit owners share. in the common expenses of the condominium and owns the common surplus of the condominium unless the record owner of the unit, and all record owners of liens on the unit join in the execution of the amendment and unless all the record owners of all other units in the same condominium approve the amendment. 11. The declaration of Petitioner provides limited authority for the developer to amend the declaration in a way that would not materially and adversely affect the property rights of unit owners. 12. Subsection 718.113(2)(a), F.S., provides: Except as otherwise provided• in this section there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in the manner provided in the declaration as originally- recorded or "as amerided under the procedures provided therein. if the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or. additions. 13. In addition to the previously quoted sections, the declaration of Petitioner provides that additions, alterations or improvement of the common elements by the Association may be approved by the majority of unit owners represented at a meeting at which a quorum is obtained. 14. Section 718.110(4), F.S., controls cases in which a single unit owner seeks an exclusive right to use a previously undivided common element. A condominium board lacks authority to give away portions of the common elements by approving structures which effectively appropriate common areas for the exclusive use and enjoyment of a single owner. Bandell v. Bay Point Studio Villas 111 Ass'n., Inc., Arb: F Case No. 2005-04-1920 (January 23, 2006)(Association cannot permit owner to occupy common element situated above unit, constituting an attic of the building, citing declaratory statement, In re Petition for Declaratory Statement of Bay Point Studio Villas Ill Association Inc., DBPR docket no. 2005-02-2392 (August 11, 2005)); Kamfjord v. Harbour Green:Condominium Assn, Arb. Case No.93-0173, Final Order (October 28, 1993) (expansion of limited common element patio into common area); Rensen v. Heritage Landings Condominium Assn, Arb. Case No. 92-0307, Final Order (May 27, 1993) (unit owner constructing wooden deck on the common elements). It has been so applied when a unit owner attempts to convert an area of the common elements into a limited common element, or "colonize" an area for his exclusive use. Bogikes v. Windmill Village by the Sea Condominium Assn, Arb. Case No. 97-0159, Final Order (June 30, 1998)(boat dock). 15. As far as the pump, filter, piping, electric wiring, concrete pad and shrubbery outside the wall in the area of the master bath, it would not matter whether Respondents received approval from the board of directors of the Association; however, it is worth noting that this construction is contrary to Respondents' letter which states that no changes would be made to the outside of the villa. Because the Association was never given. notice of this intended change, an argument for waiver would not be appropriate relating to the pump, filter, piping, electric wiring, concrete pad and shrubbery. 16. The argument for waiver is stronger for placement of the spa in the lanai. Because it is in a limited common element, this change does not implicate an appurtenance to any other. unit. Section 718.113(2)(a), F.S., allows for material C alteration or substantial additions to the common elements or to real property which is association property, in the manner provided in the declaration as originally recorded, Section 11.1 of the Declaration specifically mentions the possibility of a hot tub in the lanai area. The section further provides that failure of the Board to approve a request for such an improvement, within 30 days of receipt of the written request, shall constitute the Board's consent. It is concluded that, as to the lanai, Respondents were entitled to rely on the declaration and on the inaction of the developer/board when they incurred the cost of installing the whirlpool/spa. Based on the foregoing, it is ORDERED: 1. Respondents, Joseph Boschelii and Thomas Davison, shall remove the alterations to the common elements within thirty days of this Order. 2. Petitioner does not have authority to require Respondents to remove the in -ground whirlpoollspa from the lanai area of Respondent's unit. DONE AND ORDERED this 6th day of June, 2007, at Tallahassee, Leon County, Florida. vr. I I r r-. Bruce A. Campbell, rbitrator Dept. Bus. and Prof. Reg. Arbitration Section Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-1029 Trial de novo and Attorney's Fees This decision shall be binding on the parties unless a complaint for trial de novo is filed in.accordance with section 718.1255, Florida Statutes. As provided by section 718.1255, Florida Statutes., the prevailing party in this proceeding is entitled to have the other party pay reasonable costs and attorney's fees. Any such request must be filed in accordance with Rule 6113-45.048, F.A.C. 9 Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 6th day of June, 2007: Glenn J. Ballenger, Esq. 1072 Goodlette' Road Naples, FL 34102 Keith Upson, Esq. P.O. Box 111282 Naples, FL 34108 Bruce A. Campbell, Arb' for 10 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JOSEPH BOSCHELLI, Plaintiff, 0, THE SANCTUARY AT BLUE HERON CONDOMINIUM ASSOCIATION, INC, A FLORIDA CORPORATION, Defendant. CASE NO. 07-0478-CA Hon. Cynthia A. Ellis ORDER ON DEFENDANT ASSOCIATIONS' MOTION TO RECONSIDER THE AUGUST 3, 2007 ORDER TAKING JUDICIAL NOTICE AND ENFORCING SUMMARY FINAL ORDER THIS CAUSE came before the Court on Defendant ASSOCIATION's motion to reconsider the Order entered August 3, 2007 taking Judicial Notice of the Summary Final Order dated June 6, 2007 and enforcing same. Having reviewed the file and heard argument of counsel and being otherwise fully advised in the premises, Defendant ASSOCIATION's motion is hereby DENIED as to that portion of the August 3, 2007 Order taking judicial notice of the Summary Final Order dated June 6, 2007, and GRANTED as to the following modifications to paragraphs 1 though 3: ORDERED AND ADJUDGED that paragraphs 1 through 3 are modified as follows: 1. Defendant ASSOCIATION shall, on or before September 14, 2007, provide written authorization / consent for the after the fact permit for the Plaintiff BOSCHELLI to apply to Collier County concerning the in -ground whirlpool/spa. The written authorization may specify and restrict the written authorization contingent on the Plaintiff not constructing any improvements on the "common element." 2. Defendant ASSOCIATION shall not attempt, through action or inaction to prevent Code compliance from taking place or otherwise take any action whatsoever inconsistent with Plaintiff BOSCHELLI's right to the use and enjoyment of the in -ground whirlpool/spa. 3. Attorney fees relative to the arbitration shall be determined by the arbitrator. The Court reserves jurisdiction to determine entitlement and amount of attorney fees for action before this Court. EXHIBIT I Y DONE AND ORDERED in chambers, Naples, Florida this /0 day of September, 2007. jaz HO ORABLE CYNTHIA A. ELLIS Conformed Copies To: Keith W. Upson, Esq. Glenn Ballenger, Esq. Barry S. Postman, Esq. and Jana M. Leichter, Esq., Cole, Scott, et al. X %oschelliJos-1050%Spa WWI _ ARC-1050-00Meading0roposed Order an Motion to Recomider doc IN THE CIRCUIT COURT OF THE 20TI JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO. 07-0478-CA JOSEPH BOSCHELLI, Plaintiff, V. THE SANCTUARY AT BLUE HERON EXHIBIT CONDOMINIUM ASSOCIATION, INC., Defendant. DEFENDANT, SANCTUARY AT BLUE HERON CONDOMINIUM ASSOCIATION, INC.'S. EMERGENCY MOTION TO COMPEL COMPLIANCE WITH SUMMARY FINAL ORDER Defendant, THE SANCTUARY AT BLUE HERON CONDOMINIUM ASSOCIATION, INC. (hereinafter "Association"), by and through its undersigned counsel; files this Emergency Motion to Compel Compliance with Summary Final Order and states as follows: 1. This matter arises from a dispute between the Plaintiff, JOSEPH BOSCHELLI (hereinafter "Plaintiff'), and the Association, regarding the Plaintiffs installation of an in - ground whirlpool/spa in a limited common element lanai, with pumps, pipes and wiring in the Association's common elements. The Association argued that the Plaintiff had no authority to alter the common elements of the Association property, and the Plaintiff argued that the Association waived its right to challenge his actions. This dispute proceeded to arbitration, and a Summary Final Order (the "Order") was issued on June 6, 2007, which became final on July 13, 2007. 2. The Order, attached hereto as "Exhibit A," required the Plaintiff to remove the alterations to the common elements. The Order also stated that the Association did not COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 - (501) 383-9200 - (561) 683-8977 FAX 1( /? -7 i -7 have the authority to require the Plaintiff to remove the spa from the limited common area lanai. The Order required no affirmative action on the part of the Association. 3. On August 23, 2007, the Association proceeded to a hearing before the Collier County Code Enforcement Board relative to the subject property. As the limited common element lanai is property owned by the Association, the Association was deemed to be in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and the Florida Building Code, Sections 105.1 and 106.1.2, because of the Plaintiff's installation of the spa without Collier County Permits. The foregoing violations were to be corrected by obtaining a Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy by November 21, 2007. Please see Code Enforcement Board Order of August 27, 2007, attached hereto as "Exhibit B." 4. On September 10, 2007, this Honorable Court entered an Order compelling the Association to provide written authorization to the Plaintiff for an after -the -fact permit. Pursuant to said Order, the Association was permitted to make the written authorization contingent upon the Plaintiff not constructing any improvements on common elements. Following a minor dispute over the form of said authorization, it was provided to opposing counsel on September 25, 2007. Please see Authorization, attached hereto as "Exhibit C." 5. The Plaintiff applied for the permit on November 6, 2007, and was approved on November 15, 2007. Please see Permit Number 2007110344, attached hereto as "Exhibit D." 6. While opposing counsel has cooperated in providing responses to our requests for progress reports on the finalization of the spa installation, he has been unable to inform us of the estimated time for completion, or whether construction has commenced. Please see Keith Upson's Correspondence of November 19, 2007, attached hereto as COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 - (561) 383-9200 - (561) 683-8977 FAX "Exhibit E." 7. According to the Director of Code Enforcement for Collier County, Michelle Edwards -Arnold, it is the responsibility of the Contractor to call in for inspections to obtain a Certificate of Completion. Please see Michelle Edwards-Arnold's Correspondence of November 20, 2007, attached hereto as "Exhibit F." If Plaintiff fails to obtain a Certificate of Completion, the Association may be fined $200 per day for each day until the violation is abated. 8. This Honorable Court interpreted the Summary Final Order to require the Association to provide written authorization for the after -the -fact permit. Similarly, the Plaintiff is obligated to complete the spa installation, request the appropriate County inspections and obtain a Certificate of Completion. Without said relief, the Association is exposed to significant financial damages, incurring on a daily. basis. WHEREFORE, Defendant, THE SANCTUARY AT BLUE HERON CONDOMINIUM ASSOCIATION, INC., respectfully requests that this Honorable Court issue an Order Compelling the Plaintiff to complete the spa installation, request the appropriate County inspections and obtain a Certificate of Completion within five days of issuance of said Order, and provide such other relief deemed necessary under the circumstances. COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 - (561) 383-9200 - (561) 683-8977 FAX CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via facsimile and U.S. Mail this Al day of November, 2007 to: Keith W. Upson, Post Office Box 111282, Naples, FL 34108-0122, and Glenn Ballenger, Esq. Kraus & Ballenger, 1072 Goodlette Road North, Naples, FL 34102. COLE, SCOTT & KISSANE, P.A. Attorneys for Defendant 1645 Palm Beach Lakes Blvd., 2"d Floor West Palm Beach, Florida 33401 E-Mail: postman@csklegal.com Telephone: (561) 383-9234 Facsimile: (561) 683-8977 By: BARRY A. OSTMAN FBN: 991856 RON M. CAMPBELL FBN: 827061 L:\1918-0213-00\P\Emergency Motion to Compel.doc COLE, SCOTT & KISSANE, P.A. 1645 PALM BEACH LAKES BOULEVARD - 2ND FLOOR - WEST PALM BEACH, FLORIDA 33401 - (561) 383-9200 - (561) 683-8977 FAX CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. r o SANCTUARY OF BLUE HERON, Dawn Bricco, President CEB NO.2007-73 Respondents H GJ M. O ZY.. V a FINDINGS OF FACT ER OF RDCONCLUSIONS H F LAW AND OOHE BOARD =--r THIS CAUSE came on for public hearing before the Board on August 23, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its C 1 a Findings of Fact, Conclusions of Law, and Order of the Board, as follows: �y a CD o ac U U FINDINGS OF FACT °Q 1 • That Sanctua ry of Blue Heron is the owner of the subject property. z a A 2• That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the v a Respondent, having been duly notified, appeared at the public hearing. o0 3 • That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8115 Sanctuary Drive, #1, Naples, Florida 34 10 1, Folio 71876000001 r o more particularly described as (see attached legal) of the Public Records of Collier County, is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, Section County, FloridaF or B 10.02.06(B)(1)(e) and the Florida Building Code, 2004 Edition, Sections 105.1 and 106.1.2 in the following ng d particulars: a Installation of spa/hot but in a common area without Collier County Permits. 0 a c.. ix ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: E U F That the violations of Collier County Ordinance 04-41, the Land Development Code a Al ti 10.02.06('B)(1)(a) and 10.02.06 B 1 e and the Florida Building Code, 2004 Edition, Sections 10 E- ()( )() , as amended, Section z be corrected in the following manner: 5.1 and 106.1.2 I. By obtaining a Collier County Building or Demolition Permit, by requesting inspections and obtaining a Certificate of Completion/Occupancy within 90 days (November 21, 2007). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 2 I 2007, then there will be a fine of $200 per day for each day for each day that until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $275.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty 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. Filingan A (30) days of Appeal shall not stay the Board's Order. PP late DONE AND ORDERED this p� % day of_l cam-, Florida. 2007 at Collier County, CODE ENFORCEMENT BOARD C 7 COLLIER COUNTY, FLORIDA BY: �`- c-u Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA ) Naples, Florida 34104 =t:::: O COUNTY OF COLLIER))SS: The foregoing instrument was acknowledged before me this 2rid�is 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Fl ^' personally known to me or V who has produced a Florida Driver's License as identification. CNRIS7INA L URBANOWS'C 4, MY COMMISSIONt r224007 2007 ► \ :.; vember 22, firers EXPIRES: No .i�o ` BondedThru NoteY NOTARYBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sanctuary at Blue Heron, Dawn Bricco, President, 3940 Radio Rd., Ste. 1 11, Naples, Florida U. S. Jana Lei Esq., Cole, Scott & Kissane, P.A., 1645 Palm Beach akes Blvd., W. palm Beach, FL 33402, and to Keith Upson, Esq., P. O. Box 111282, Naples, FL 34108 this day of_�,�g{- , 2007 pson, ;a"'a of FLORIDA )W71'rY of COLLIER i E:REBY CERTIFY THAT this is a trUe gad `y cct CG,,y ai a GJclimert On,fli3 In 31'd Sriinvtes anG1`i G� .crap , Of Cofllar Count) :Jw �rNYSA 1�` Iul `seal c6ti5 Ci D.a M. Jean wson, Esq.~� Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 AI w N �y 2951519 OR: 3002 PG: 2086 WOULD is 0111cal [ICOtD3 of C011111 mtZm, fL 03/20/2102 It 12:(01 KIM 1. 6tOC1, Cats[ ca><s Helob0, to UC rtl 19.51 Tkit laetret uct Prepared by and return to: lets: DX-.10 21011.01 LANE YEAGER CHEFFY, Alta-uey at Law J1n TLWI C uff 2375 Tamiami Trail Noah. Suite 310 237S TuILFI Tl 1 2ilb NaPla, Florida 34103-4439 tJsfbt3 fL 34I03 PhOw- (94I) 263-1130 Fez: (941) 263.3927 yAPp:ais:rs Parcel IdMification Nurre!,.-r. SPACEABOVETHIS LINE FOR PZMP )ING DATA T'o WARRANTY DEEP? made and executed th- by N'�'�I•FS .�33(y�'i�TES, saa Ohio genera[ partnert h � day of March, A.D., 2002, to �.1JCKY gTR= AFL, (hereinafter called the "Grantor"�, Ridge RFloridal 410 a FloridaFlmldc®rporation, whose mailing address is: 1100 pine g Road. lv'aptes, Fld34108, ( °d\hc "Grantee'): (Whoem used berein the terms heirs, L-89 remmantstsva and 6'6 rMESSETH.- other valuable considerati( grsnG bargain, stli, alien, r land and all improvements (horeinafler the "Land-). !P'bd "Grantee" r-per to this ttLS�t[rsrnt aDd fbC °duals, and tlK s4"74o,•\and =ivn of co,-porations. ) Attached O11 in maideratigqn of the sum of S 10.00 and e � ec1= ed, by these presents does orti to a Grantee, all that certain Coin F viz: _ 6J0 SEIWECT To; eau..-ratrrt �f y/ rw,m-d common actions, lirnitatiOns and conditions of to tl� subdivision, alica a zoning ordinances, building codes, and other restrictions imposal by IoctalI, state, or federal y govert�,-ntEl atctt�es, anouts tsnding oil, gag and ntineral interests ofrecord, if any, �iand taxes and ass„essr=tsy ifa:Iy, accruing subsequent D=mbrr 31, 2001, which the Glsntee assumes and age to pay, NETHER with all the tenements, hereditaments and appurtenances thrr+eta bela-tgin or in anywise appertaining. g T© EEAVE AND TO EfOLD, the same in fee simple forever. AAD the Grantor hereby covenants with the Grantee that Grantor is lawfully seized of the Land to fee simple; that Grantor has good right and lawful authority to sell and convey the Land; fst Grantor hereby fully warrants the title to the Land and will defend the Sarre against the lawful claims of all p„-rsoris whomsoever; and that the Land is free of all encurnbmnces, except as provided above. 3002 PG, 2087 OR: 4276 PG; Fly W'TNF,c'S WHEREOF the Grzmtor has caused these presents to be executed and Year first above written. the day S 2ne s1� d del kT�S Bred in the presence of NAPLES ASSOCIATES, an Ohio general Partnership, by its sole „general partners ii� of Witness �"• L. TH MAS R. T ER, genera partner Print Nana of Witness A Si a of e Fript Nam of Witness he FUrth Print Nam of Witness 11 S. SUER, general Partner RC �r AN, general partner CdAUt� 1 OF ELQRLD.A I HERESCERTIFY that and County aforesaid to take sckrtowl ed .n t officer duly authorized in the State David L. Srenn� and John S. Steinhauer, as the sole three alp o� R Me�eather, A sSO�CIATi ES, act i�hio general g n�ra1 Viers of NAPLES identi5cmtion and are h* partnership, who produced Driver I rcerL��. as the named in the foregoing instrument and that they acknowledged executing . in the presence of two subscribing witnesses, freely and voluntarily,acoend with on behalf of said general partnership.tth due ESS m hand artd official seal in the State and County lest aforesaid this dey , 20Q2. (SEAL) le r .. %'16=Y y ConlMi8sion Number is; My Carnniission Expires; OR; 3002 PG: 2088 Exhibit A BLUE HERON DEVELOPMENT TRACT. A Taut of land lying in the East half of Section 33, Townsli � Florida and'nore particularly described as follows: p 49 South, Range 26 Erse. Collier Cou+cty, Beginning at the Northeast corner of Sapphire Lakes Unit 4A, a subdivision as record;d in Plat Book 28, Page 70 and 71 of the public Records of Collier County.Easterly Iine of said Sapphire Lakes Unit 4A for a disFlorida,F of 1arun feet des 04' 44- E along tk � 41 " E for a distance of 233.41 feet; thence run S 72 de � tI�'"e � S 20 degrees 16 ¢` can S 25 d " agrees 20 41 E for a distance of 224.44 fee n Sr run S 37 d a distance of 41 for feet; time ace 165.08 feet; theme run S 49 deg rees 20' 51" H for a distance of 227.66 free • `0 E for a mvs 45 of 55" E for a distance of 119.96 feet; thence run S 25 de t' thence run S S2 reet t t Q. Southeast corner of tines 23' 46" E For a distance of 4l 3.20 feet to t1e said public records• Sapphire � Unit �, a subdivision as reco,-cLed in70 Plat Book 29, prge 9 �d 10 of 4C for a dismnce of 1 0 42 f� feet a de �-a ng the South line of said � line run 293.53 feet aloe the °g to n� 'carrular curve; Sapphire '� Unit central angle of 270 de g am, concave to a i; ► then..e leaving said South g 45c�hord distance of 84.2 �est having of 60.00 feet, a 0 24' S4" W to a point of rev Northwest having a radius o 25. f bearing f S &6 degrees feet and a chord be&rin of �' --- entral g e7r 13 t g arc of a curve concave to the g 35 029 . a chid distance of 5.70 of said Sapphire Lakes Uni 4C. ^e E ► t'0 gential line and the South line 193.88 feet to the Southw 5 alon said South line for a distsn„ne of Lakes Unit 2, a subdivision {as f d app s t d Easterly line of Sapphire �' S 00 26 Wt'nes f 4' 54" E a�o •d Easterly Iire for Pa e o of said public rrcosds; thence for A distance l 1. eat; thence run S 00 fee4 thenx run S 67 degrees on-ta Smleaving said Easterly 1 44 dr W for a distance of co281.88 feet; " ar�istance of 333.76 feet to a having s ndiva of 6u3�37 feee� S.3g9 feet atop point on a t. cen�✓ an 1 8 cia curve concave to the Northeast chord bearing of S 06 degrees 221180 than► a chord distance of 71.02 feet and a Sapphire Lakes Unit 3C, a subdiiision as reco. in Plat Book 31 Page 9 and 10 of sartial circular curve dPublic � line of thence run 163.94 feet along the arc of a curve concave to the SOuthtt est having a radius of 198 11I recc�ds; centnl angle 77d Sees 16' SS", a chord distance of I S9.33 feet and a chord •� fit, a 09' 12 E• wring of S 42 cs arc of a curve concave to the degrees t 40' 40 i for a distance of 98.03 feet•, dhera_e rent 104.59 feet along the 14", a c eat and having a radius of 80.00 feet, a crntral Chord distanx of 97.30 feet and a chord angle of 74 degrees S4' 21' 56" E for a distance of 85.30 fact, Ong of S S6 degrees 09� 28" E; th=e run N 86 degrees Bence nrn S 86 d: thence tun S 03 degrees 37' 24" E for a distance of 317.81 feet; curve concave to the 22' 11 " W for a distance of 81.05 feet; then_ r� 143.39 feet alon chord di Southeast having a radius of 129.00 feet, a central angle of 63 g tEe arc of a stance of 136.12 feet and a chord bearing of S 54 de degrees 41' 11 ", a 00" W for a distance of 184.91 feet: thence run S 33 degreeslines 28' 33" W; thence run S 22 degrees 40' then= run S 00 degrees 25' 27" E for a distance of 59.8 t to'the �ufa a distance of I27.2 eat; Unit 3B, :subdivision as recorded Ptat Book 27, Page 72 and 73 of thtcomerer of Sapp Lake right -Of -My line of Radio Road (County Road No. 856 • publicrecords and the Now North right -of -,A ty line for a disiar4e of 599.30 feet, thy-,,��ce � N 89 deem 25' 03" E along acid 4S degrees 35' 54" W for a distance of 25.55 fret; thence tut le 00 g id North right -of -wry line run N ty8.1of 8 feet; thence run N 19 ci:grees 10' 16" W for a distawe of 57.83 f�s 35' S4r n for 1 egre s 0- t, then-^e run N 41 degrees 4p� Page I of 2 r— t C"-> G z 0 4C 16" W for a dist8ncr of 117.68 feet; th-r►ce run N 19 de grees thence nun N 03 ftreet 19' 44" E for a durance of 3 8.00 felt coot& 6" nt f r a �� of l29.76 feet; felt alone tl� arc oft curve concave to rh; Southwest Navin a point ofccrrvzteae; th�ace run 124.36 proea 14' 39", a chord distance of 124.08 feet r ,d a chord 8 � of 538.00 feet, a central angle of 13 of tangency; thence run N 09 " b.-acing of N 03 degrees 17' 35" W to a point run 113.22 feet aloe e n W for a distance of 55.24 feet to a point of curvature; thane angle of 13 d_ >i of a corn concave to the North,. h: 'Pees 20 53 , a chord durance of l 12.97 feet and a chord �B a 'us of 486.00 feet, a centr•a1 W to a point of tangency; thence nun N 03 de bei� of N 03 curvature. grecs 2S' SS" E for a distance of 90.37 feet toga poi t o 28" chance run 261.45 feet along the arc of a curve concave to the So point of 485.00 feet, a central angle of 30 utiKest having a radius of N I8 degree& 52' 3S" E to a 53' I3", a chord distance of 2S8.30 feet and a chord distance of 36.48 fee point on a no.'r.tangentiel Line; thence run N 33 de bearing of thence run N 22 de " Erns 45' 32" E for a degree& 15' 32" E for a distance of 35.41 fee 30^32 E fa a distaree of29.23 feet; tha r� N 1 I feet; thence ran N gg t• then.,e run N 00 degrees 00' 32" E for a distance of 24.36 degrees 59' SO E for a distance of 854.29 feet to tla East line of the Southwtst Quarto: of said Section 33 and the West line of Sierw 25, Psg= S7 ugh 59 of said public rgcords• °� Park. s subdivision as recorded in Plat 3,00k for a distance of 1403.50 feet to the East thence run N 00 degrees 14' 34" W along said Fast tine 36" W along tl- Erst line of the Northxs�� corner of said Section 33; t�n.^e spin N 40 degrees IS, rotersection with t South rites of said Section 33 for a distart:e of 550.12 feet to an ghtaf wa feet along the arc of a curve cone& i .'r7 (State Road No. 93); tl=ee nm 1161.64 05 d-'grers. 531. 29", a chord dis � `� � of 11297.16 feet, a 1 I.I3 f �tl+1 le of tierce tun S 87 d:. _ eet and a c �(ng of N 89 dr (� an le S3' 0 j �°%r a di tare of 632.49 feet th=point of Begi g, 04" W' Page 2 of 2 10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Sanctuary of Blue Heron- Dawn Bricco, President, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-73 DEPT CASE NO. 2007010729 BEFORE ME, the undersigned authority, personally appeared Carmelo Gomez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 23,2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain a Collier County Building or Demolition Permit, requesting inspections and obtaining Certificate of Completion/ Occupancy within 90 days ( Nov. 21,2007 ) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4276 PG 3192, et. seq. 2. That the respondent MWcontact the investigator. 3. That a re -inspection was performed on 2/19/08. n 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 2/13/08. FURTHER AFFIANT SAYETH NOT. DatedAugust, 20, 2008. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CARMELO GOMEZ Code Enforcement Official Sworn to (o affirmed) and subscribed bef me this Aug, 20, 2008 by Carmelo Gomez. 77 Signature of Not# Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 r ,,LoRDA C c t r Ti _ "1� S;n1i # DD467410 " 31 2009 5 m ' T ',_res: AIiG. Tn Rev 1 /9/2008 9 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. SANCTUARY OF BLUE HERON, Dawn Bricco, President Respondent CEB NO. 2007-73 ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on February 28, 2008, on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared by counsel. The Board having considered the following (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate, and being duly advised in the premises, hereby grants the said Motion to Reduce/Abate Fines. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on August 23, 2007, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated August 27, 2007, it is hereby ORDERED, that the fines are abated in full. The operational costs incurred in the prosecution of this case have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this q'", day oQ , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORI A B ov Gerald LeFe re, Chai 2800 North orseshoe6brive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this A�day of Q,rCI—� , 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or t/ who has produced a Florida Driver's Licens as identification. a �'1 ..�„' 4 • cry NOTARY PUBLIC KR(ST1NEF i My commission expires: •u� ipI• y _-..___.:� _* MY COMMISSION # � ; •• EXPIRES: June 1l 9 611 �^�dThmNOWYPu6MOU '�� ;.,., ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sanctuary at Blue Heron, Dawn Bricco, President, 3940 Radio Rd., Ste. 111, Naples, Florida 34101, Ron M. Campbell, Esq., Cole, Scott & Kissane, P.A., 1645 Palm Beach Lakes Blvd., W. Palm Beach, FL 33402, and to Keith Upson, Esq., P. O. Box 111282, Naples, FL 34108 this Qf4— day of ar. Cb , 2008. SWe of FLORIDA i oiUilFy of (:OLDER 1 HEEREBY CERTIFY THAT this is a bw sW wrrect copy of a document ontgla to Board Minutes and RAPOO:Of t6.119r Couglb WITNESS my hand;an.olficial,3ea1. day of>R OWIQ E. 1311001t; !.E W " r /1? 9e*W �a M. Jea wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 /0—%�. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Victor Figueroa, Respondent CEB No. 2007-77 DEPT No. 2007020049 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, VICTOR FIGUEROA, Respondent Case: CEB 2007-77 Dept. Case No. 2007020049 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1207 N. 19t" Terrace. SERVED: Victor Figueroa Respondent Inv. Joseph Mucha, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-77 DEPT CASE NO.2007020049 Board of County Commissioners vs. Victor Figueroa Respondent(s) Violation(s): Violation of Ordinance(s) Collier County Property Maintenance Code 2004-58, Section 6, Subsections 1, 9, 10, 11, 12c, 12i,12k,12m, 12n, 12o, 12p, 19a, 19b, 19c and 20. Location: 1207 N. 19`h Terrace, Immokalee FL 34143 Folio: 77163240002 Description: Several minimum housing violations observed at a residential single family (RSF-4) zoned property. 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. r� See the attached Order of the Board, OR 4276 PG 3198, for more information. The Respondent has not complied with the CEB Orders as of August 23, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 12,400.00 See below. Order Item # 4 Fines at a rate of $200 per day for the period between December 27, 2007- February 27, 2007 (62 days) for the total of $ 12,400.00. Fines continue to accrue. Order Item # Operational Costs of $354.74 have been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. 0 o VICTOR FIGUEROA (deceased), N M TOMASA FIGUEROA, Respondent pq C/] C4 {Y7 H C.) O.. I.O (.4 � U CEB NO.2007-77 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 23, 2007, and the Board, having heard 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 Victor Figueroa is deceased and Tomasa Figueroa, his Wife, is the owner of the subject property. 2• That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, Tomasa Figueroa, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3• That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 1207 N. 19`h Terrace, Immokalee, Florida 34143, Folio 77163240002 more particularly described as Lot 39, Block 6, Trafford Pine Estates, Section One, according to the Plat thereof, of record in Plat Book 10, Page 99, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Subsections 1, 9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 in the following particulars: Several minimum housing violations observed at a residential single family (RSF-4) zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Subsections 1, 9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 be corrected in the following manner: L By obtaining a Collier County boarding certificate and by securing structures in accordance with boarding requirements by September 4, 2007. 2. By contacting a general contractor licensed in Collier County to obtain all required permits, related inspections, and final Certificate of Completion for all repairs that require a permit by December 26, 2007. All other non -permitted repairs must be completed by December 26, 2007. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 4, 2007, then there will be a fine of $50 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by December 26, 2007, then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $354.74. m An aggrieved Y b8 party may appeal a final order of the Board to the Circuit Court within thirty r 7 the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited toappelea s of ca-4 review of the record created within. Filing an Appeal shall not stay the Board's Order. e''- DONE AND ORDERED this 1 da of j `v Florida. dayof 2007 at Collier County, CODE ENFORCEMENT BOARD O COLLIER COUNTY, FLORIDA ��--- BY:— i3a,40%( Shen Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples, Florida 34104 ) COUNTY OF COLLIER) )SS: The foregoing instrument was acknowledged before me thisp _ day of 2007, by Sheri Barnett, Chair of the Co Enforcement Board of Collier County, Florida, �vis personally known to me or V who has produced a Florida Driver's Licens jen n, NUTAXY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Tomasa Figueroa, 821 Commanchee St., LaBelle, FL 33935 and 1207 N. 191s 2007. Terrace, Immokalee, Florida 34143 this2,$�'� day of USA' , Mate of F LORI UA ,ounr<y of COLLER HEREBY CERTIFY,THAT this is a true and orrect copy qt a.doaursh-dat,on file in and t iciqq. nd .R,qporas 4f Collier County r. {[ $$ 0y. h' ' s(Td,'dfficiM seal this YJGHT 9: OtXP, :LLR QF COURM -, ` DA � M. Je wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 A Urc;c�n r�i tJGUU hhh Petitioner, Vs. CEB NO. 2007-77 Victor Figueroa DEPT NO. 2007020049 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Tomasa Figueroa, as representative for the Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007020049 dated the 5th day of March, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 8-23-07; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Property Maintenance ordinance 2004-58 Section 6 Subsections 1, 9, 10, 11, 12c, 12i, 12k, 12m, 12n, 12o, 12p, 19a, 19b, 19c, and 20 and are described as multiple minimum housing violations at this residential single family (RSF-4) zoned property located at 1207 N 19th Terrace in Immokalee. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $354.74 incurred in the prosecution of this case. 2) Abate all violations by: (A) Obtain a Collier County boarding certificate and and secure structure in accordance with boarding requirements by September 41h, 2007 or a fine of $50 a day. (B) Contacting a general contractor licensed in Collier County to obtain all required permits; related inspections; and final certificates of completion for all repairs that require a permit by December 26tn 2007. All other non -permitted repairs must be completed by December 26th, 2007. If all repairs are not completed by December 20, 2007, a fine of $200 a day will be imposed until all violations are abated. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent 0 Da t REV zn_;io7 *ellenotd, Director Code Enforcement Department Date /. CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY CONMESSIONERS, Petitioner vs. Victor Figueroa, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-77 DEPT CASE NO. 2007020049 BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 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 3198, et. seq. 2. Respondents came into compliance with paragraph one of Code Enforcement Board order on August 23`d, 2007. That a re -inspection was performed on December 27 h 2007 for paragraph two of the order and the re - inspection revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated December 28ei, 2007. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Joe Mu a Code Enforcement Official Sworn to (or affirmed) and subscribed before me this 28d' day of December, 2007, by Joe Mucha. uc ( gnature o No Public) h OTI^�' "UBLIC-STA (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q REV 3-14-05 • • - TE OF FLOffiDA ".. Shirley M. Garcia Commission # DD501305 Expires: DFC. 21, 2009 BONDED 'i 110 ATLANTIC BuND1NG CO., INC. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Edward and Maria Rodriguez, Respondent CEB No. 2007-80 DEPT No. 2007050893 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) PAGE(S) Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-6 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD L_ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, VS. Plaintiff, Case: CEB 2007-80 Dept. Case No. 2007050893 EDUARDO AND MARIA ROGRIGUEZ, 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 3600 Poplar Way, Naples SERVED: Eduardo and Maria Rodriguez, Respondent Inv. Thomas Keegan, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-80 DEPT CASE NO.2007050893 Board of County Commissioners vs. Eduardo and Maria Rodriguez Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 of the Collier County Land Development Code, as amended, Sections: 10.02.06 (B)(1), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) Location: 3600 Poplar Way, Naples FL 34112 Folio: 22670600009 Description: Unpermitted shed and carport erected on residential zoned property without first obtaining all the necessary Collier County Building Permits. Past Order(s): On August 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4276 PG 3203, for more information. The Respondent has not complied with the CEB Orders as of August 23, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of _$ 6,700.00 See below. Order Item # 4 Fines at a rate of $100 per day for the period between December 22, 2007- February 27, 2008 (67 days) for the total of $ 6,700.00. Fines continue to accrue. Order Item # 6 Operational Costs of $243.17 have been paid. n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CEB NO.2007-80 a EDUARDO AND MARIA RODRIGUEZ, Respondents ,— 013 �o FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD © F THIS CAUSE came on for public hearing before the Board on August 23, 2007, and the Board, having hf qrd 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: aPQ PQ 1-4 C'7 FINDINGS OF FACT _ o 1 • That Eduardo and Maria Rodriguez are the owners of the subject property. �� to 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the .m A Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. a 3• That the Respondents were notified of the date of hearing by certified mail and by personal service. r3 o C 4• .c That the real property located at 3600 Poplar Way, Naples, Florida 34112, Folio 22670600009 more CD, particularly described as Lot 22, Unit 1, Avalon Estates Replat, according to the plat thereof, recorded in Plat Book 4, Book 4, Page 65 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance od 04-41, the Land Development Code, as amended, Section 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06 B 1 e a and 10.02.06(B)(1)(e)(i) in the following particulars: ()( )( )� Unpermitted shed and carport erected on residential zoned property without first obtaining all necessary a Collier County Building Permits. 0 0 a P. ORDER OF THE BOARD A E a � Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended at the U hearing, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: J That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, Section ,q 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06 1 e and 10.02.06 B 1 e i be corrected in the following c13xx), c xxx) manner: g G M-4 N I . By submitting a complete application for all Collier County Building Permits, by pursuing the application process with due diligence until the permit is obtained and, upon receipt of permits by requesting inspections and obtaining a Certificate of Completion within 120 days (December 21, 2007). 2. In the alternative, by obtaining a Collier County Demolition Permit, requesting all required inspections and by obtaining a Certificate of Completion within 120 days (December 21, 2007). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 21, 2007, then there will be a fine of $100 per day for each day for each day until the application is submitted. 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by December 21, 2007, then there will be a fine of $100 per day for each day until the Certificate of Completion is issued. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $243.17 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this 7 day of/ , 2007 at Collier County, 7-- STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Sheri Bamett, Chair '�✓ 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this day of ` 2007, by Sheri Barnett, Chair of the Codp.Enforcement Board of Collier County, Florida, , is personally known to me or �`// who has produced a Florida Driver's License as identr "Y °r CHRISTINA L URMMOWSb MY COMMISSION 9 DD 241717 EXPIRES: November 22, 2007 CNOTARY PUBLIC Bonded Thru Notary Publk UndenvrNer. My commission expires: St&te 01 FLORWA , uOUW Of C4l.LEM l HEREBY CERTIFY THAT this is o true an# correct copy-1-tx1d -q%ant onrflla in Board Mir � : and Recite of Colter COunt� ?� � EfiS 'niy l�crJ It f 1. c► Cit�l sail thi's CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Eduardo Rodriquez and Maria L. Rodriguez, 3600 Poplar Way, Naples, Florida 34112 this day of t- 2007. �, ,C d Jean son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 o Naples, Florida 34102 (239) 263-8206 t7 w r-� N [7Vru'w LJf %—kJVIV I i I.VIVIIVIIJJIVIVGKJ Collier County, Florida AAA UR: 4Z/U FG: tJGub XXX Petitioner, vs. Eduardo Rodriguez Maria Rodriguez Respondent(s), STIPULATION/AGREEMENT CEB NO. 2007-80 Case NO. 2007050893 COMES NOW, the undersigned, '�ade�C,on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement wi Collier County as to the resolution of Notices of Violation in reference (case) number #2007050893 dated the 7th day of June, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23Id, 2007(date); to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1)The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2)The violations are that of section(s) 10.02.06(B)(1),10.02.06(B)(1)(a).10.02.06(B)(1)(e),10.02.06(B)(1)(e)(i) of Collier County Ordinance 04-41 of the Collier County Land Development Code, as amended and described as Unpermitted shed and carport erected on residentially zoned property without first obtaining all necessary Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $243.17 incurred in the prosecution of this case. 2) Abate all violations by: Submitting a complete application for all Collier County Building Permits within fourteen days of this hearing or a fine of $100.00 per day will be imposed until the application is submitted and pursue application process with due diligence until the permit is obtained. Upon receipt of permits, request inspections and obtain a Certificate of Completion within sixty days of the day the permit was issued or a fine of $200.00 a day will be imposed until the certificate of Completion is issued. OR obtaining a Collier County demolition Permit within fourteen days of this hearing or a fine of $100.00 a day will be imposed until the demolition Permit is obtained. Request all required inspections and obtain a Certificate of Completion within seven days of the day the permit' was issued or a fine of $200.00 a day will be imposed until the Certificate of Completion is issued. 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. (24 hours notice shall be by phone or fax on made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) Respondent D to REV 3-3-05 rIQ Investigator %lr -6 7 Michelle Arnold , -Director Code Enforcement Department CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Eduardo Rodriguez Maria Rodriguez, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-80 DEPT CASE NO. 2007050893 BEFORE NvIE, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 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 3203, et. seq. 2. That a re -inspection was performed on December 26, 2007. 3. That the re-inspection(s) revealed that the corrective action of obtaining a certificate of completion for demo permit by December 21 ', 2007 as per Order 2.of the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated December 26, 2007. COLLIER COUNTY, FLORIDA CODE ENFORgFAIENT BOARD r-- Thomas Kee Code Enforceme--nTTYMcial STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this December 26, 2007 by Thomas Keegan. (Sign e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � REV 12-21-07 NOTARY FMC - STATNLU L UX I�D/ K. A. Van Sickle i OF C0MMi881017#DD6164 °•••,,..... Expires: NOV 29, 2011. BONDED THRUM;, .:.:r�a�� 7 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Auto Village of Naples, Respondent Robert Hall, Registered Agent CEB No. 2007-101 DEPT No. 2005050157 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 .-� Past Orders of the Board 3-8 Affidavit(s) 9 IOF Table of Contents 12/15/05 k4 -31q4tyV t_""�cr CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. AUTO VILLAGE OF NAPLES, Robert Hall, Reg. Agent Respondent CEB NO. 2007-101 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on February 28, 2008. The Code Enforcement Board requested that the matter be continued, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Code Enforcement Board's Motion for Continuance is GRANTED. This matter will be heard on May 22, 2008. 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 4day of, 2008 at Collier County, Florida. CODE ENF0RCFk4PVT une nr, /% $" of t WRIUA younty of COLDER I HEREBY CERTIFY THAT this is a ftn.l" .orrect copy of a document on,file in „ Board Minutes and Records of CoMWANW. /�1TNESS my hand and ofticlel l ` day of OW1G . BROGKCLERK OF C��1� , Gerald LeFebv , Chair 2800 North p6rseshoe I Naples, FI ida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this q 01day of fGqrLh , 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KROnNE►ipLTON MY COMMISSION I DD 888595 f s EXPIRES: June 18, 2011 u e� «� rnm Na�P�Y � NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert Hall, Reg. Agent, Auto Village of Naples, Inc., 155 Old Tamiami Trail, Naples, FL 34110 this day of v C 2008. M. J an son, Esq. Florida r No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. AUTO VILLAGE OF NAPLES, RESPONDENT ROBERT HALL, REGISTERED AGENT Case: CEB 2007-101 Dept. Case No. 2005050157 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 15575 Old Tamiami Trail SERVED: Auto Village of Naples, Respondent Robert Hall, Registered Agent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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.2007-101 DEPT CASE NO.2005050157 Board of County Commissioners vs. Auto Village of Naples Respondent(s) Violation(s): Violation of Ordinance 2004-41 as Amended, The Collier County Land Development Code. Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i). Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 as 10.02.06(BO(l)(e)(i). Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 Section 104.1.1 now referred to as Florida Building Code 2004 Edition Section 105.1 Location: 15575 Old Tamiami Trail, Naples FL 34110 Folio: 77163240002 Description: Improvement of property without valid Collier County Building Permits. Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0635, for more information. The Respondent has not complied with the CEB Orders as of October 25, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 25,600.00 See below. Order '.em # 3 Fines at a rate of $400 per day for the period between December 25, 2007- February 27, 2007 (64 days) for the total of $ 25,600.00. Fines continue to accrue. Order '. ' em # 8 Operational Costs of $533.30 have been paid. -� � •�" w"'0 -'c.�V L u• VVJJ CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FBI 2800 N HORSESHOE DR 11/01/2007 at 11:09AM DWIGHT B. BROCK, CLBRK NAPLES FL 34104 52.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. AUTO VILLAGE OF NAPLES, Robert Hall, Reg. Agent Respondent CEB NO.2007-101 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Auto Village of Naples is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by personal service and certified mail. 4. That the real property located at 15575 Old Tamiami Trail East, Naples, Florida 34110, Folio 00763640008 more particularly described as (see legal) of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 0441, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) (renumbered as 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, as amended by Ordinance No. 2002-01, Section 104.1.1, now referred to as Florida Building Code 2004 Edition, Section 105.1in the following particulars: Improvement of property without valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation, as amended, which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) (renumbered as 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, as amended by Ordinance No. 2002-01, Section 104.1.1, now referred to as Florida Building Code 2004 Edition, Section 105.1 be corrected in the following manner: i—%" I UK; 406 eu: Ub,ib L Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certificate of Completion for all non -permitted improvements on the property within 60 days (December 24, 2007). 2. In the alternative, by obtaining a Collier County Demolition Permit, all required inspections, and Certificate of Completion, or by removing all non -permitted improvements within 60 days (December 24, 2007) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007, then there will be a fine of $400 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by December 24, 2007, then there will be a fine of $400 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $533.30 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. 3 JI DONE AND ORDERED this day of %�_, 2007 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY. Keane a;vy,ice Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this � day of _oj 2007, by Kenneth Kelly, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or --I,/ who has produced a Florida Driver's License as identification. �,"l�1 KRISTINE HOLTON NOTARY PUBLIC MY COMMISSION k DD 688595 My commission expires: P,€ EXPIRES: Jure 18, 2011 7 Pf N Bonded Thor Notary Public Underwriters nty of -COWER. i HEREBY CERTiFY TP�t his is a t'Lte 00 correct copy at a c^!_k. 1 <,_S€a In Board Minbtes and County T, E S S My hja C. ,.,i ": l t:zzl th"'s day of DUe YY� s p,"q MIGHT E .SRQGA; CLERK OF COURTS Z. OR: 4Z98 PG: 0637 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S ., Mail to Robert Hall Reg. Agent, Auto Village of Naples, Inc., 155 Old Tamiami Trail, Naples, FL 34110 3 i s day of b4 , 2007. M. Jean on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 5• uvr-%1XL_1 vi t..vulV I I► %..VIVIIVIIJJIVIVtK%-j UX: 4 J�}j u(_, U638 Collier County, Florida +c. V L V �JV Q Petitioner, Vs. CEB NO. 2007-101 Auto Village Of Naples DEPT NO. 2005050157 Robert Hall, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Holly Daye Hall, on behalf of herself as co owner of property and wife of registered agent, Robert Hall, also owner, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2005050157 dated the 18 day of July, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i). Of Ordinance 2001-41, As Amended, The Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i). Also section 104.1 Of the Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 now referred to as Florida Building Code 2004 Edition Section 105.1 and are described as improvement of property without valid Collier County Building Permits. (HEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $533.30 incurred in the prosecution of this case. 2) Abate all violations by: G o Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and or Certificate of Completion for all non -permitted improvements on the property within -ai e days .(A8') of today's hearing or a hundred dollar-2$0) a day fine be imposed for each day any violation remains. r-*&,L y�o Go Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non -permitted improvements within-ainety days (9ej of today's hearing or a fine of +mhundred dollars ($2161) will be imposed for each day any violation remains. The respondent must notify the Code Enforcement Investigator when the violation has been abated in 4espoftnident- uct a final inspection to confirm abatement. /Michelle Arnold Dire t Date REV 2/23/07 c or Code Enforcement Department A S-c22 Date 3860757 OR; 4060 PG: 0689 RICORDID ill OFFICIAL UCORDS Of COLLIER COOR!`I, IL 06/22/2006 at 03:23PK DIIGU 1. aRoa, CLBRL WARRANTY DEED This Warranty Deed made the 4,4-L day of J/ L1 2006, by HOLLY DAYE HALL (also known as Holly Daye), hereinafter called the Grantor, to ROBERT S. HALL as Trustee of the Robert S. Hall Trust under Declaration dated May 5, 2006 and to HOLLY DAYE HALL as Trustee of the Holly Daye Hall Trust under Declaration dated May 5, 2006, as tenants -in - common, each with an undivided one-half interest, whose post office address is 155 Old Tamiami Trail N, Naples, FL 34110, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). Retn: [ 1 HC1K11N PO 10I 11102 KAPLIS rL 3008 HC Ill 18.50 DOC-.70 .70 The Trustees hereunder shall have full power and authority to deal in and with the property descried herein, or any part or interest therein, and shall have full power and authority to protect, conserve, and to sell or to lease, or to encumber, or otherwise to manage and dispose of the real property described herein. WTTNESSETH: That the. Grantor, for f the sum of $10.00 and other valuable considerations, receipt whereof is he i ts, bargains, sells, aliens, remises, releases and transfers unto the G la at certain land si lier County, Florida, viz: All of Grantor's Interest ' an A parcel of land being p of at i t f the } of the West half (W 1/2) of the East ha cti . IS, Township 51 South, Range 27 East, of er o ty F n o the amiami Trail and being more particular] 1 I" From the Northeast co Section 18, Towns h 51 ge 27 East, Collier County, Florida, run N ' 59" W for 657. a section line to the Northeast comer of the ab cribed fraction of a ence S 0° 30' 21" W o along the east line thereof f- Rq>kfeet for the Poi inning. Thence N 89° 29' 39" W for 3 t rep 29' 24" W for 655.94 feet; , P thence S 891 29' 39" E for 32S.23 feet; ° 30' 2 1 " E for 655.95 feet, to the Point of Beginning. o0 Said lands contain 4.94 acres, more or less. Together with and subject to a roadway easement over, along and across the East 30 - - feet of the aforesaid E 1/2 of the W 1/2 of the E 1/2 of the E 1/2, lying north of the rn Tamiami Trail, of said Section 18, Except North 968.59 feet thereof as measured along the East line of said fraction of Section 19. Grantor Warrants that Grantor has an undivided one-half (1/2) interest in the aforesaid property at the time of this conveyance. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee supple forever. Grantor hereby states that, at the time of delivery and recordation of this Warranty Deed, (a) neither Grantor nor anyone who might claim by, through or under Grantor has ever resided or intended to reside on the Property, (b) the Property was never the homestead property, as defined under Article X. Section 4 of the Florida Constitution, of the Grantor or of anyone who might be entitled to claim such homestead by, IT' OR: 406U FG: 090 xxx through or under Grantor, (c) the Property is not contiguous to the homestead property of Grantor or of anyone who might be entitled to claim such homestead by, through or under Grantor, and (d) that Grantor maintains a principal place of residence at 155 Old Tamiami Trail N, Naples, FL 34110. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except restrictions and easements common to the subdivision, outstanding oil, gas, and mineral interests of record, if any, and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals the day and year fast above written. Signed, s aled and eliv in the presence of Av fitness Signature Typed Name co O Witness Sijnature llzu- Typed Naine STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on before me, an offs fled to take aclmowledgments, personally appeared Holly Day who is personally to me or wi►e- " predueed- as identificaf ow me t she executed the same. WITNESS my hand and official seal i fate of id is / s day of ,Ty 2006. (SEAL) Notary Public Typed Name: My Commission Number is: My Commission Expires: This instrument prepared by: Kenneth W. Richman, Esquire Florida Bar No. 220711 P.O. Box 111682 Naples, Florida 34108 Telephone: (239) 566-2185 -4- 103M1c'7N W. R1tlAN. Jt My0DkA4S" t n0 s265/1 �s EXPIRE& J* & 2010 "� • ma�an.uNoo.rnl�icae.Mri.. O 0 a-N 0 CEB CASE NO.2005050157 DEPT CASE NO. 2005050157 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Auto Village of Naples Robert Hall, Reg. Agent, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE NM, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 25, 2007, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certicate of Completion for all non -permitted improvements on the property within 60 days(December 24, 2007). In the alternative by obtaining a Collier County Demolition Permit, all required inspections, and Certificate of Completion, or by removing all non -permitted improvements within 60 days (December 24, 2007). If the Respondent does not comply by obtaining either permits, inspections,or certificate of occupancy or completion within the 60 days (December 24, 2007) then there will be a fine of $400 per day for each day the violation remains as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4298 PG 0635. n 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on January 9, 2008. 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No Collier County Permits, of any kind, were obtained, inspections made, or certificate of occupancy or completion issued. Violations remain, fines are accruing. FURTHER AFFIANT SAYETH NOT. Dated January 9, 2008. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT Ed Morad Code Enforcement Official Sworn fFirmed) and subs ' e this 9 ( igna f Notary Public) ^N(Print/Type/Stamp Commissioned Same of Notary Public) Personally known q day of January 2008 by Ed Morad. NOTARY PUBLIC • STATE OF FLORIDA Delicia Pulse Commission # DD629723 Expires: JAN. 16, 2011 BONDED TBRU ATLANTIC BONDING CO., INC. REV 1/9/08 111 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Naples South Realty Associates, LLC, Respondent Richard Baer, Registered Agent CEB No. 2007-118 DEPT No. 2003120279 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-118 Dept. Case No. 2003120279 Plaintiff, VS. NAPLES SOUTH REALTY ASSOCIATES, LLC, Respondent RICHARD BAER, Registered Agent 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 4929 Rattlesnake Hammock Road SERVED: Naples South Realty Associates, LLC Respondent Richard Baer, Registered Agent Inv. Susan O'Farrell, Issuing Officer PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-118 DEPT CASE NO.2006040950 Board of County Commissioners vs. Naples South Realty Associates, LLC Respondent(s) Violation(s): Violation of Collier County Land Development Code, Ordinance 04-41 as Amended, section(s) 4.06.05 (J)(1)(2) Maintenance of Required Landscape Location: 4929 Rattlesnake Hammock Road, Naples FL Folio: 55151440001 Description: Required Landscape has not been properly maintained and has fallen below Site Development Plan standards. Past Order(s): On November 29, 2007, the Code Enforcement Board issued a Findings n 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 4309 PG 1312, for more information. The Respondent has not complied with the CEB Orders as of November 29, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 5,800.00 See below. Order Item # 4 Fines at a rate of $100 per day for the period between December 31, 2007- February 27, 2008 (58 days) for the total of $ 5,800.00. Fines continue to accrue. Order Item # 6 Operational Costs of $1,235.62 have been paid. CO DE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, x9 gg r• g Petitioner, d vs.po CEB N0.2007-118 ba ba ,,. bd NAPLES SOUTH REALTY y ASSOCIATES, LLC. RICHARD BAE R, REG. AGENT Respondent FINDINGS OF FACT CONCLUSIONS OF LAW A� ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 29, 2007, and th testimony under oath, received evidence, and heard respective to all appropriate matters Findings of Fact, Conclusions of Law, and Order of the Board, as follows: a Board, having heard there upon issues its n FINDINGS OF FACT I That Naples South Realty Associates, LLC. is the owner of the subject property. 2• That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public bearing, P 3• That the Respondent was notified of the date of hearing bcertified d entered into a Stipulation. Y mail and by posting. `I• That the real property located at 4929 Rattlesnake Hammock more particularly described as (see attached legal) is in violatiof Collllier County Florida, Development Code, as amended, section 4.06.05 Folio 55151440001, (•1)(1)(2)1 in the following �' Ordinance 04-41, the Land g particulars: standards. p Required landscape has not been property maintained and has fallen below Site Development nt Plan ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attach incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collie No. 04-41, it is hereby ORDERED: O hereto and r County Ordinance That the violations of Collier County Ordinance 04-41, the Land Development Code, as amen 4.06.05(1)(1)(2) be corrected in the following manner: ded, section I- By restoring 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 � ty Y g required N 0 Plant material in the property buffers and landscaped areas and fully operational irri ati (December 30, 2007) 2• That if the Respondent does not comply with paragraph 1 of the Order of the Bon �thm 30 days 2007, then there will be a fine of $100 per day for each day for each day the violation re 3 That the Respondent is to notify Board by December 30, and request the Investigator to come out and perform the site inspection. mains. Code Enforcement officials that the violation has been abated 4. That the Respondent is ordered to pay all operational costs incurred in the Prosecution of this Case in the amount of $1,235.62 within 30 days. Any the execution ofOrder grievepar may appeal a final order of the Board to the Circuit Court within review of the record created within. Filing an Appeal shall not stay the Board's Order. thi appealed. An appeal shall not be a hearing de novo, but shall be limited toappel�es of DO NE AND ORDERED this i day of Florida. 2007 , at Collier County, CODE ENFORCEMENT BOARD COLLIER FLORIDA �COUNTY, Shen Barnett, Chair 2900 North Horseshoe Drive STATE OF FLORIDA ) Naples, Florida 34104 COUNTY OF COLLIER))SS: The foregoing instrument was acknowledged before me this, day of 2007, by Sheri Barnett, Chair of the Code Enforcement Personally known to me or �/ p '4CC r ' Board of Collier Coun __ who has Produced a Florida Driver s License as identification. KRISTINEHOLMN O *; +� MY COMMISSION # DD 686595 NOTARY PUBLIC y EXPIRES: June 18 2011 My Commission expires: ;pf;�y •'', BondedThruNomrypubtoUnd9RMjers e.tz�& a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct co South Realty Association, LLC, Richard Baer Reg. copy of this ORDER has been sent b U, Florida G� S, 33410 this �'_— day of g Agent, 4400 PGA Blvd., Ste. 305, Palm Beach F--t _, 2007. GaardenNaples w scare of F LOF IUA M. Je wso n, Esq. ;ounr yof COL�iER F1gFida Bar No. 750311 Attorney for the Code Enforcement Board 1 HEREBY CERTIF Y fHAT th6S 6s a tin 400 Fifth Avenue S., Ste. 300 'arrect Copy of a. (16 � Naples, Florida 34102 ward tvlinute r�"' �° 3 -d a (239) 263-8206 'RLt.`CIE' S-Of C��e!' lv�1s TOSS rny. n� and .irC d! Sal -this MY. ofr DWIG E. BF qC=:CLERK'E7F URM b(AKD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Naples South Realty Association LLC Respondent(s), CEB NO.2007-118 DEPT NO. 2003120279 STIPULATION/AGREE an - COMES NOW the u Q�tc-h Ra r"s y�sy ® u-1� undersigned, f;he . representative for Respondent and or enters into this Stipulat on andhe lAgreeme Agreement With County as onto thas e 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 de enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein ode parties hereto agrees as follows: the 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; b 1) Pay operational costs in the amount of $1235.62 within 30 days of this hearing incurred in the prosecution of this case. F--� w 2) Abate all violations by: I. Restore the required landscape of the property to the standards set by the Collier Count r Y 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 Ion as violation persists, g 3) Respondent must notify Code Enforcement that the violation has been abated and request the vSO oc me out and perform a site inspection. D4; Azt. Nestle eft— C^ s on ent E� R� SL per, U P Michel , mold, Director 'L7Code Enforcement Department LI � Date �o7 / >- g p �j Date REV 223/07 vv✓✓11',1� t.v VI\ 1 1, 1'LVIV.IIL'l CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COI iBGSSIONERS, Petitioner VS. Naples South Realty Association LLC. Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE.NO.2007-118 DEPT CASE NO. 2003120279 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 11-29-2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to restore the required landscape of the property to the standards set by 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 by December 30, 2007, notify Code Enforcement officials that the violation has been abated and request an Investigator to perform a site inspection, and pay operational costs in the amount of $1235.62 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4309 PG 1212. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on 1-15-2008. 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: respondent has not restored the required landscape of the property to the standards set by 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 by December 30, 2007 FURTHER AFFIANT SAYETH NOT. Dated 1-15-2008. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD aPc�zt l Susan oFarrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER of Notary Public (PrinVTType/Stamp Commissioned Name of Notary Public) me this 15th day of January 2008 by Susan O'Farrell. NOTARY � C. Wolfe� �o #DD7391So DEC. 0702011 BONDSNCca,INC REV 1/9/08 ^ TABLE OF CONTENTS WOO Board of County Commissioners of Collier County, Florida VS. Robert Lockhart, Respondent CEB No. 2004-26 DEPT No. 2003120990 Request for Code Enforcement Board Recommendation ITEM PAGE(S) Notice for CEB Recommendation 1 Executive Summary 2-3 Past Orders of the Board 4-10 Affidavit(s) 11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2004-26 Plaintiff, VS. ROBERT LOCKHART, Respondent NOTICE FOR CODE ENFORCEMENT BOARD RECOMMENDATION 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: February 28, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1361 Lakeshore Drive SERVED: Robert Lockhart, Respondent RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. 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 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accepts payment in the amount of $2,907.50 in exchange for a Release and Satisfaction of Lien in the Code Enforcement action entitled Collier County V. Robert T. Lockhart, Case No. CEB 2004-026. OBJECTIVE: That the Board of County Commissioners (BCC) accepts payment in the amount of $2,907.50 as a compromise of the Code Enforcement lien accrued in the Code Enforcement action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004-026. CONSIDERATIONS: On June 29, 2004, the Code Enforcement Board (CEB) issued its Findings of Fact, Conclusions of Law and Order of the Board finding Respondent, Robert T. Lockhart, to have violated portions of Collier County Ordinance 91-102 by constructing multiple additions to his residence at 1361 Lake Shore Drive without first obtaining the necessary permits. This finding was based on a stipulation in which Mr. Lockhart admitted the violations and agreed to obtain appropriate permits and certificates of occupancy for the unpermitted structures within 45 days or pay $50 per day for each day the violation continued after that period. On August 30, 2004, following the Code Enforcement Department's submittal of an Affidavit of Non -Compliance, the CEB issued its Order Imposing Fines/Costs/Lien, hereinafter "Order," imposing a fine of $50.00 per day, commencing August 10, 2004, plus $1,209.75 in operational costs. The CEB further ordered that the fines and operational costs continue to accrue until the Respondent brought the property into compliance. Communications between the Collier County Attorney's Office, the Code Enforcement Department and the Respondent continued, and the Respondent eventually obtained the required permit and Certificate of Occupancy, and paid the operational costs of $1,209.75. The property was brought into compliance as of November 6, 2007; however, the lien remained outstanding. Based on the accrued code enforcement fines of $50 per day from August 10, 2004 through November 5, 2007 (1183 days), the current lien amount is $58,150.00. The Respondent appeared before the BCC on November 27, 2007, under Agenda Item 6E, and conveyed an offer to settle the outstanding lien for $10 plus 59 hours of service to the County as a professional engineer. Although the BCC considered the proposal, they ultimately directed the County Attorney's Office to work with the Respondent on a negotiated settlement. Some Commissioners indicated a willingness to consider a reasonable settlement offer in the range of 5% to 25% (opinions varied within this range) of the lien value. Following the meeting, Mr. Lockhart offered to pay $2,907.50 in exchange for a Release and Satisfaction of Lien, which is equivalent to 5% of the lien value. Mr. Lockhart delivered a cashier's check to the County Attorneys Office in this sum, which is being held by the undersigned in escrow pending the BCC's decision on whether to accept the offer. It should be noted that Mr. Lockhart's violations were not public safety or health related, and if Mr. Lockhart's 5% settlement offer is accepted for payment, Mr. Lockhart would have paid a total of $4,172.25 for this code transgression. It should also be noted, however, that Mr. Lockhart, as a professional engineer and former member of the Collier County Code Enforcement Board, should have been fully aware of the repercussions of his delay in curing the violations. Lastly, the sole reason for this Office's making a recommendation for approval on this item is have this as an actionable item on the Summary Agenda. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The County would realize the sum of $2,907.50 for release of this lien. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and there are no outstanding legal considerations RECOMMENDATION: That the Board of County Commissioners accepts payment in the amount of $2,907.50 in exchange for the release and satisfaction of the lien recorded at O.R. Book 3637, Pages 3682-3689, of the Official Public Records of Collier County, in relation to the Code Enforcement action entitled Collier County v. Robert T. Lockhart, Case No. CEB 2004- 026. PREPARED BY: Jeffrey A. Klatzkow, Chief Assistant County Attorney •IN Rete: 3431991 OR: 3598 PG: 0431 CLI11 SO SBE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUITT, 11 RIC FEE IM101FICE 471 FLOOR 01/01/2004 at 09:17AK DIIGRT E. BROC1, CLER1 CORIS 11? 7240 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY C011SUSSIONERS, COLLIER COUNTY, FLORIDA, VS. Petitioner, CEB NO.2004.026 LOCKHART, ROBERT T. Respondent THIS CAUS the Board, having he appropriate matters, Board, as follows: Tune 24, 2004, and ieard respective to all of Law, and Order of the i. "1'hat Robert Lockhart is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent having been duly notified, appeared in person at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1361 Lake Shore Drive, Naples, Florida, Folio Number 0000081520760001, more particularly described as: Lot 16, Block B, WESTLAKE, 52.50 6.00 i 0 Q1 w V b 0 w 00 .sa f OR; 3598 PG; 0431 Unit 2, according to the plat thereof recorded in Plat Book 10, Page 94, of the Public Records of Collier County, Florida, according to the map or plat thereof on file and recorded in the office of i the Clerk of the Circuit Court of Collier County, Florida, is in violation of Collier County Ordinance 91-102, The Land Development Code, as amended, Sections 1.5.6, 21.11, 2.2.4.21,2.7.6, paragraphs 1 and 5, in the following particulars: Existence of an approximate 8' x 19' roofed structural improvement to the SW portion of an existing residential structure in a Residential Single Family (RSF-4) Zoning District known as 1361 Lake Shore Drive, Florida. Also, an approximate roofed I V x 28' structural improvement to the rear NW portion of the same existing res' tial structure. Improvement to rear of same structure of 10' x 12' screen room. 0�, R Co That the Respondent an the ered int o a Sti ula n Agreement. The Board modified the Stipulation A c in rporated herein as "Exhibit A". RDER OF THE p� 0 Based upon the foregoing w P g g .� of Fact and Cis ns of Law, and pursuant to the authorityCON LA> granted in Chapter 162, Florida Her County Ordinance No. 92-80, it is � hereby ORDERED: �? _w 1. That the Stipulation Agreement, attached hereto and incorporated herein as o* "Exhibit A", is approved by the Board with the following modifications and the Respondent is Ordered to comply with it. a. Paragraph B was modified to read as follows: Abate all violations by (1) showing proof of an existing Collier County Building permit for structural improvements within 15 days or (2) must obtain Collier • County building permits for all non -permitted additions and improvements and any required building permits within 45 days or a fine of S50 will be imposed OR: 3598 PG: 0433 each day the violations continue. Upon issuance of any required permit, request all related inspections through the issuance of a Certificate of Occupancy for all allowed additions, improvements and use within 180 days or a fine of $50 per day will be imposed for each day the violation continues; or Paragraph "C" was renumbered to item "3" and combines as paragraph "B" and paragraph "D" was reclassified as paragraph "C". That the Respondents are to notify the Code Enforcement Officials when the property comes into compliance and request the Investigator to come out and perform the site inspection. 3. - That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount 0� I An aggrieved Y gSne ed PAY may final order of to the Circuit Court within thirty (30) days of the a ec i 'o er sled. eal shall not be a hearing de novo, but shall be ' o to rd created within. ' Filing an Appeal shall not sta oard's er. �v DONE AND ORDERS day of at Collier County, Florida. ?, - C�C CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: CliffFle an 2800 No Ho eshoe Drive Naples, Florida 34104 Mate of FLORIDA County of COWER t HEREBY CERTIFY THAT this Is a bW Wd correct copy of a document on file In Board Minutes and.R=Fd. s of Corker COINI*: WITNESS my.ha did i s�ii:this 3G day. —yh , DWIGHT t �.�.. 9 c..a rn w V 'Z7 w vr% oa v, OR: 3598 PG: 0434 STATE OF FLORIDALo ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this%` day of 2004, by Cliff Flegal, Chairman of the Code Enforcement Board of Colli County, Florida, who is personally known to me or who has p ced a Florida Driver's License as identification. f/ A A li JA Kelly Phillips M. :Commission NDD 155173 Expires: Oct 03, 2006 Banded Thn, NOTARY PUBLIC Atlantic Bonding Co., Inc. My commission expires: I HEREBY CER th a e t f 7 s ER has been sent by U. S. 1 to Robert K. Lockhart, :M o e, apl to ' a 4103 this day of 2004. son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Fn I of Collier County, Florida. Code Enfeftement Board BOARD OF COUNTY CONMSSIONERS Collier County, Florida Petitioner, VS. ROBERT and DEBRA LOCKHART Respondent, STIPULATION/AGREEMENT OR; 3598 PG; 0435 CEB NO.2004-026 COMES NOW, the undersigned, Robert and Debra Lockhart, on behalf of himself/herself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2003120990 dated a Q h, 2004. U j In consideration of the dispositio hrtion o outlined in said Notice(s) of Violation for which a hearing is scheduled for June ; to promote efficiency in the administration of the code enf d obtain a q 'ck and expeditious resolution of the matters outlined therein 'es as o Ows: The Respondent stipulates a vi in a ref Notice of Violation are accurate and existence. 1. The violations are of ✓� 5.6, (permitted ), section 2.1.11 (zoning affects), section 22.4.2.1 sectiouilding permit and Certificate of Occupancy compliance process) par. Ordinance No. 91-102 as amended of the Collier County Land Development Code, 2. The violations are more accurately described as: The existence of an approximate 8'x19' roofed structural improvement to the SW portion of an existing residential structure in a Residential Single Family (RSF-4) Zoning District Imown as 1361 Lake Shore Drive, Naples, FL Also an approxiate roofed II'x28' structural improvement to the near NW portion of the some existing residential structure. improvement to rear of same structure of 10'x 12' screen room. THEREFORE, it -is agreed between the parties that the Respondent shall: A. Pay all operational costs incurred in the prosecution of this case+ �v s {i n B. Abate all violations by (1) showing proof of SUsier Sunty Building Permit for structural improvements within 15 days i c.As w V ..d w rn C= cca ooa .-i a :V •.i 00 •- c.c e � o 2 � p i O v Uri men Q% O co M o A r 000m \ 6' O 0 0 a ww M CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. LOCKHART, ROBERT T. THIS CAUSE c notice to Respondent at issued its Findings of F< was reduced to writing c Public Records of Colli� An Affidavit of I;1 the Board by the Code En required corrective action Respondent CEB NO.2004-026 public hearing �testii oard on June 24, 2004, after due oard heard on under oath, received evidence, and io f L and th eu n issued its oral Order which d s ndent and was recorded in the to 'd a 9 [[31 et. seq. on July 1, 2004. C1 nt Official, w been taken as Accordingly, it having b en complied with the Order dated June Wi to gust 11, 2004 has been filed with I ertified under oath that the s attention that Respondent has not ORDERED, that the Respondent, Robert T. Lockhart., pay to Collier County the sum of Eight Hundred Dollars ($800) for the period of August 10, 2004 through August 26, 2004 at a rate of $50 per day, plus $1,209.75 for the operational costs incurred in the prosecution of this case, for a total of $2,009.75. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. L cV131 co w M This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property described in Exhibit "A" and/or any other real or personal property owned by Respondent. DONE AND ORDERED this day of _, 2004 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing 2004, b liff Flegal, _,personally Ic identification. I HEREBY CERTIPY, M '1 to Robert K. Lockhart, 1 2004. State of FLORIDA ` Cognly Of 00LL1-q 1 HEREBY CE E'r Wd correct 000 a _ Board M* in 1�lNESS .. n DWIGHT E. Code CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: _ ClifffligalChai� 2800 North Ho shoe Drive Naples, Florida 34104 who CERTIFICA and me thitj&day of of Collier County, Florida, who is a Florida Driveys,License as expires; of this ORDER has been seqtby U. S. aples, Florida 34103 this -.3 day of M. J Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2004-026 DEPT CASE NO. 2003120990 COLLIER COUNTY 4098445 OR: 4305 PG; 0260 � BOARD OF COUNTY COMMISSIONERS, Petitioner RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 11/21/2007 at 01:29PK DWIGHT B. BROCK, CLERK vs. RBC FBI 10.00 Robert T. Lockhart, RespondentRetn:ATTH BBNDISA KARIUs) CODE ENFORCBKBNT 2800 N HORSESHOE DR AFFIDAVIT OF COWLIANC LIS FL 34104 STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Dennis Mazzone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on June 24, 2004, 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 3598 PG 0431, et. seq. 2. That the respondent '= contact the investigator. 3. That a re -inspection was performed on Nov. 20, 2007. 4. That the re -inspections) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Respondent having obtained a Collier County Certificate of Completion relative to Collier County Building Permit No. 2007100081 / relocate bath, add fain. Rm. , patio, on Nov. 06, 2007. FURTHER AFFIANT SAYETH NOT. Dated Nov. 20, 2007. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD A)�-� Mn 5,M=L" Dennis Mazzone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or aff edLand subscribed before me this Nov LLo'_ (Si ature of otary Public) (Print/Type/Stamp Commissioned ,_-...,Name of Notary Public) Personally known � 20, 2007 by Dennis Mazzone. NOTARY PUBLIC -STATE OF FLORIDA Shirley M. Garcia q, Commission #DD501305 Expires: DEC. 21, 2009 BOINDED THRU ATLANTIC BONDING CO., LAC. Rev 2/5/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MARK BRECHER, Respondent CEB NO.2007-05 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on February 23, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Mark Brecher is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located on Hickory Wood Drive, Naples, Florida 34119, Folio Number 41832720009, more particularly described as: Tract 123, Golden Gate Estates, Unit 95, a subdivision according to the plat thereof, as recorded in Plat Book 9, page 45, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 2003-37, as amended, an Ordinance to Protect Against Hazards from Substandard Construction in Public Rights of Way, sections Five and Six and Collier County Ordinance 04-41, the Land Development Code, as amended, section 03.05.01(B) in the following particulars: Vegetation and limerock placed within a 30' easement known as the "Harvey Canal and Travelway" without obtaining the proper permits. Also vegetation was removed over a majority of the property without obtaining the proper 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 2003-37, as amended, an Ordinance to Protect Against Hazards from Substandard Construction in Public Rights of Way, sections Five and Six and Collier County Ordinance 04-41, the Land Development Code, as amended, section 03.05.01(B) be corrected in the following manner: l . Per request from the Collier County Road and Bridge Department, (a) by removing all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days (March 10, 2007); (b) Limerock is requested to be removed, but not required. If limerock is not removed, the area must be maintained in perpetuity (i.e. If limerock is washed out from a rain event, it must be replaced). 2. By obtaining wetland determination from State of Florida Department of Environmental Protection within 60 days (April 24, 2007). 3. Upon receipt of wetland determination from DEP, a vegetation removal permit must be obtained within 30 days from Collier County Environmental Services. 4. Upon receipt of the Vegetation Removal Permit, a fence permit must be obtained within 15 days. 5. Once a pence permit is obtained, Respondent must obtain an After the Fact Vegetation Removal permit for Collier Code Enforcement within 5 days of fence permit issuance. 6. That if the Respondent does not comply with paragraph 1 within 15 days (March 10, 2007), then there will be a fine of $200 per day for each day that the violation continues past that date. 7. That if the Respondent does not comply with paragraph 2 within 60 days (April 24, 2007), then there will be a fine of $200 per day for each day that the violation continues past that date 8. That if the Respondent does not comply with paragraph 3 within 30 days of receipt of wetland determination from DEP, then there will be a fine of $200 per day for each day that the violation continues past that date. 9. That if the Respondent does not comply with paragraph 4 within 15 days of receipt of Vegetation Removal Permit, then there will be a fine of $200 per day for each day that the violation continues past that date 10. That if the Respondent does not comply with paragraph 5 within 15 days of receipt of fence permit, then there will be a fine of $200 per day for each day that the violation continues past that date 1 l . 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. 12. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of $428.56. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 28th day of February, 2007 at Collier County, Florida, and re -signed this L_day of _ M Q r C h , 2008, nunc pro tunc. i WkIUA `ountr of COLDER CODE ENFORCEMENT COLL,WR COUNTY. BU 2800 North Horse oe Drive Naples, Florida 4104 ! HEREBY Cf RTi FY THJ4 '*h �W !tree aAM ,orrect copy of a aoew'"Ok Q ;1 lei I1# A tioa►d Minutes and" Rscbro$, f fo" .r d1t� IyITNESS my hams q'ntl offiicial� seal ttiil>t day of OWIG E. BROG 4 C'EIK COUM / STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this - L day of MCLI(C1r1 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ' who has produced a Florida Driver's License as identification. r MY 1'OHOLTON _-'* *; COMMISSION N DO 68659& 7 . ' = EXPIRES: June 18, 2ot 1 NOTARY PUBLIC ftmddm"►wnu�a�wr;,e,, !, My commission expires: -J CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark Brecher, 6400 Standing Oaks Lane, Naples, FL 34119 9+�' day of VY)QrCh , 2008. M. Jean Rai4n, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206