Liens/Orders 03/27/2008 Code Enforcement
Board
Liens/Orders
March 27 , 2008
111111k COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAY 239-403-2343
DATE: April 4, 2008
TO: Trish Morgan, Clerk of Courts - Records
FROM: Bendisa Marku, Code Enforcement
RE: CEB Orders from 3/27/2008 Hearing
Please find attached the orders issued by the CEB.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders/Liens and return the
originals interoffice mail to:
Bendisa Marku, Operations Coordinator
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-5892.
CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA
AGENDA
Date: March 27,2008,at 9:00 a.m.
Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Building F,Naples,Fl
34112.
NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE
PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING
TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS TILE TIME IS
ADJUSTED BY THE CHAIRMAN.
ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS
RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD
ALL STATEMENTS BEING MADE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING
THIS RECORD.
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES—February 28,2008
4. PUBLIC HEARINGS
A. MOTIONS
Motion for Rehearing
1. BCC vs.James Bachmann CEB 2006090001
Motion for Extension of Time
1. BCC vs. Bart and Sandy Chernoff CEB 2007-105
2. BCC vs.Alfredo and Miradis Miralles CEB 2007-109
B. STIPULATIONS
C. HEARINGS
1. BCC vs. Stanley Fogg,JR and Theresa Fogg CEB 2007-115
2. BCC vs.Brien S. Spina CASE NO.2007050845
3. BCC vs.Mary Edwards CASE NO.2006080127
4. BCC vs.Jeffrey Macasevich CASE NO.2006100314
5. BCC vs.Frank Fernandez CASE NO.2006120290
6. BCC vs. Toys R US CASE NO.2007100037
7. BCC vs. Ascenstion, Inc CASE NO.2007100552
8. BCC vs. GreenBelt, LLC CASE NO.2007080860
9. BCC vs. Immokalee Road,Inc CASE NO.2007110518
10. BCC vs. J. Peaceful,L.C. CASE NO. 2007060387
11. BCC vs. Marquesa Plaza,LLC CASE NO. 2007110494
12. BCC vs. MKA Holdings, LLC CASE NO.2007070696
13. BCC vs.Lennar Homes, LLC CASE NO.20070000341
14. BCC vs. Collier Realty Corporation CASE NO.20070000116
5. OLD BUSINESS
A. Request for Reduction of Fines/Liens
B. Request for Imposition of Fines/Liens
1. BCC vs. Saxon Manor Isles Apartments Limited Partnership CEB 2007-88
2. BCC vs. Anthony Gualario CEB 2007-94
3. BCC vs. Linda Giebelhouse-Deluca and Charles Deluca CEB 2007-108
C. Request to Forward to the County Attorney's Office
1. BCC vs. Jerry and Kimberlea Blocker CEB 2006-16
2. BCC vs.Jerry and Kimberlea Blocker CEB 2006-17
3. BCC vs.Jerry and Kimberlea Blocker CEB 2006-18
4. BCC vs. Frank Fernandez CEB 2007-22
5. BCC vs. Angel Riquelme and Lissette Riquelme CEB 2007-34
6. BCC vs. Roilan Perez CEB 2007-37
7. BCC vs. Francisca Alas CEB 2007-49
8. BCC vs. Jose and Carmen Martinez CEB 2007-50
9. BCC vs. Alfredo and Miradis Miralles CEB 2007-79
6. NEW BUSINESS
7. REPORTS
8. COMMENTS
9. NEXT MEETING DATE- April 24,2008
10. ADJOURN
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2006090001
vs.
JAMES BACHMANN,
Respondent
ORDER ON
MOTION FOR RE-HEARING
THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Board of
County Commissioners,Collier County, Florida's Motion for Rehearing.
The Board now makes the following Findings of Fact:
The Order of the CEDB involved an error on a ruling of law,which error was fundamental to the
CEB's decision because the CEB does not have jurisdiction to hear and interpret the Right to Farm Act.
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.
u4
DONE AND ORDERED this Z day of 60(11 , 2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLD' COUNTY, F )RID/ /
1.)I . /
Gerald LeFebv ,Chair
2800 North orseshoe Dr' e
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 2N�day of ('1
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.
,
A.p'''•.. I(RISTINE HOLTON 1
•,,, MY COMMISSION k DD 686595 NOTARY PUBLIC
EXPIRES:June 18,2011 My commission expires:
;4'°f�• w Bonded Thru Notary Pubic Underwn<ere
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
to James Bachmann, 1 180 Dove Tree Street,Naples,Florida 4104..and to Peter Flood,Esq., 125 N.
Airport Rd., Ste. 202,Naples, Fl 34104 this t•40 day of 3 ,2008.
/M. ea awson, Esq.
Flori Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples,Florida 34102
(239)263-8206
state to Ram
,:ounty of CO
I HEREBY CERTrt THAT this Is a Ws a
-orrect copy of a Document on file nil
Minute's aria Recoras of Co4iiOr Caunt)
� r,BLESS r iy Ii. a • c �cia eal this
� day'of �`�� 0.,(�i �«;
•
)WIGHT E. BROCK,-CLERK OF COURTS
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007-105
vs.
BART AND SANDI CHERNOFF,
Respondents
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Respondents'
Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the
premises,hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of
90 additional days. No additional extensions of time shall be granted to Respondents.
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 Z day of Af,r'i I ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, F ORIDA ter/
/ ��
B
erald LeFebvr- Chair
2800 North H•rseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 2,"9day of AQ ri
200$,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
TINE' TINE HOLTON �
ANT:::;,: MY COMMISSION#DO 686595
EXPIRES:June ts,2011 NOTARY PUBLIC
:Nat," Bonded W,,Wary Pubic UndervrMers 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 Burt and
Sandi Chernoff, 840 7th Street N.W.,Naples,FL 34120 and to Colleen McAllister,Esq.,5147 Castello Drive,
Naples,Florida 34103 this 2' day of Aeri ( ,2008.
M. Jean; son,Esq.
Florida ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
(239)263-8206
State ROMA
;:ounly of COWER
I - _.... �.
HEREBY CERTI�,=i THAT this Is a"true
:orrect copy of a document on file In -
Board Minutes and R6COros of Collier Count)
on .eS my h d aj of i I seal.this
/ clay of
DWIGHT E. BROCK, CLERK OF COURT-E
$ ___...�
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007-109
vs.
ALFREDO AND MIRADIS MIRALLES,
Respondents
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Respondents'
Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the
premises, hereby DENIES the said Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is DENIED.
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 Z.N1 day of Jr t ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,F ORID//
Ge ald LeFebv ,Chair
2800 North Horseshoe ve
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this aW°day of ri
2007,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.
,lg;Y,,,, KRISIINE HOLTON '
.,., MY COMMISSION#DD 886595
p. � . EXPIRES:June 18,2011 NOTARY PUBLIC
''•%; . Bonded Thru Notary PubbcUnden+ My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S. Mail to Alfredo
and Miradis Miralles, 1703 Immokalee Drive,Immokalee,FL 34112 this 2_,Nr4 day of I,,2007.
/M. Jean wson,Esq.
Florida ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
(239)263-8206
':.�- Ot FLORA > ', `~:
;ounity of COLLIER
I BY CERtT -i' THAT thlstSa t
:coHERErrect copy of a aocument o.n,file In
3oard Minutes and Recoros of Collier-County
ESS my no d o 9 ' Sealy this
day of
■ IGHT E. BROGK,CLERK OF COURTh
apilaNd...ititi. , pr,c,,...........,
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2007100552
vs.
ASCENSION, INC.,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Ascension, Inc .is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing, in person and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 721 N. 15th Street, Immokalee, FL,Folio 75210040005,more particularly
described as the East 180 feet of Block 1,SUNNY ACRES,according to the map or plat thereof on file and
recorded in the Office of the Clerk of Circuit Court,recorded in Plat Book 3,Page 3, in the Public Records of
Collier County Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as
amended,sections I0.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),and Collier County Ordinance 2004-58,The Property
Maintenance Code,as amended,sections 16(2)(i)and 16(20(j)in the following particulars:
Sign erected without proper permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections
10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),and Collier County Ordinance 2004-58,The Property Maintenance Code,
as amended,sections 16(2)(i)and I6(20(j) be corrected in the following manner:
1. By obtaining permits for said sign or by removing it within 30 days(April 26,2008). The permit
number is to be affixed to the sign at the time of the CO.
2. By obtaining all inspections through certificate of completion within 60 days of AFT permit issuance.
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 26,2008,
then there will be a fine of$150 per day for each day until such time as the sign is removed or permitted.
4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of
AFT permit issuance,there will be a fine of$150 per day for each day until such time as the sign is CO'd.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform 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$404.16 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this Z' day of Apr i ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIIID
Ge ld LeFebvre hair /
2800 North H• seshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 2. D day of ri
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: KA•likx",•;., •• .r MY COMMISSION#DD 686595
I EXPIRES:June 18,2011 NOTARY PUBLIC
;0,R4, ' Bonded Thru Notary Public undevnten 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
Ascension, Inc., Mohan Raj, R.A.,4869 Southern Blvd., West Palm Beach,FL. 33415 this 1'-'P day of
J l ,2008.
M. ea awson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste.300
Naples,Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs. CEB NO. 2007100552
ASCENSION INC Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, /19 o%Mr✓017 PRLS►9cwT, on behalf of himself or f.r■9 o'✓ /NS 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 2007100552 dated the 27TH day of March , 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 27th March 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.
The violations are that of section(s) 10.02.06[B][2][a], 10.02.06[B][2][d]ix], 04-41 The Land
Development Code, as amended and 2004-58, The Property Maintenance Code, as
amended, section(s) 16[2][i] and 16[2][j]. and are described as a sign erected
without proper permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ 404.16 incurred in the prosecution of this case within
30 days of the date of this hearing.
2) Abate all violations by: 30o,ty_S
A. Obtain permits for said sign or remove within kiedays of the date of this hearing or a fine of
$150.00 a day will be imposed until such time as the sign is permitted or removed.
B. Obtain all inspections through certificate of completion within 60 days of ATF permit issuance
or a fine of $150.00 will be imposed until such time as the sign is CO'ed (Certificate of
Completion) or removed. The permit number is to be affixed to the sign at the time of the CO.
. Respondent must notify Code Enforcement that the violation has been abated and request the
di&IMMilir= e ' is a out and perform a site inspection.
Pit
4 es•o •-• Mrchelle Arnold, Director
I i Code Enforcement epartment
oZ f.2 ) D8
Date • ; . • • i Date
REV 2/23/07
•
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007110494
vs.
MARQUESA PLAZA,LLC.
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Marquesa Plaza, LLC is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing, and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 13020 Livingston Road S.,Naples,Florida, Folio 00287480003,more
particularly described as(See attached legal)is in violation of Collier County Ordinance 04-41,The Land
Development Code,as amended,sections 5.06.04(C)(12)(d),5.04.05(A)(1)and 5.04.05(A)(2)in the following
particulars:
A banner displayed without permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 5.06.04(C)(12)(d),5.04.05(A)(1)and 5.04.05(A)(2)be corrected in the following manner:
1. By obtaining Temporary Use Permit for banners displayed on property from 10/18/07 to 11/1/07
within 14 days (April 10,2008). After the Fact permit fees of 2 x the amount of the normal permit are to apply.
2. By ceasing any activity that is not in compliance with and accordance with the Land Development
Code of Unincorporated Collier County.
2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 10,2008,
then there will be a fine of$150 per day for each day until such time as the permit is obtained.
3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
case in the amount of$396.35 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this I day of ('t� ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, F ORID
BY.
erald LeFebv ,Chair
2800 North orseshoe D ve
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this '')P day oft J ,
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.
___\ 41... 6...
,�;�:. IU�IS7IWE HOL.TON
�."'.,, MY COMMISSION#DD 686595 NOTARY PUBLIC
V,.„ 4.. „,,,.-- ,.„..45 EXPIRES:June 18,2011 My commission expires:
litre,V Bonded Thru Notary Public Underwr tero
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail A
Marr uesa Plaza, LLC,Steven Hovland, 11983 Tamiami Trail N.,Ste. 100,Naples,FL 34110 this day of
, l ,2008.
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
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. 2007110494
MARQUESA PLAZA, LLC
FORMERLY KNOWN AS LAS PALMAS, LLC), Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Dem- qo on behalf of himself or t1 y (,z as
representative for Respondent and enters in o this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number 2007110494 dated the 27TH day of March , 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 27th March , 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) 04-41 The Land Development Code Sections(s)
5.06.04[c][12][D], 5.04.05[A][1] AND 5.04.05[A][2] and are described as a banner displayed
without proper permits..
THEREFORE, it is agreed between the parties that the Respondent shall;
1. Pay operational costs in the amount of $496.35 incurred in the prosecution of this case
within 30 days of the date of this hearing.
2. Abate all violations by:
A. Obtain Temporary Use Permit for banners displayed on property from 10/18/07 to
11/1/07 within 14 days of the date of the hearing or a fine of$150.00 a day will be
imposed until such time as the permit is obtained.. After the Fact permit fees are to
apply.
B. Cease any activity that is not compliance with and accordance to the Land
Development Code of Unincorporated Collier County.
C. The respondent must notify the Code Enforcement Investigator when the violation
has been abated in order to conduct a final inspection to confirm abatement.
`Resp• cent Mich old, Director
Code Enforce nt Dep ment
3/2-7/log
/ ' Date -ate
REV 2/23/07
3602222 OR: 3781 PG: 3476
RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL
04/22/2005 at 04:01PN DWIGH! E. BROCL, CURL„
COBS 12500000.00
Instrument Prepared By: REC III 27.00
Harold A. Tzinberg, Esq. DOC-.70 87500.00
Blumenfeld,Kaplan & Sandweiss, P.C. Retn:
168 N.Meramec Avenue,4t'Floor 147
5 CH SLACL IT AL
5147 CASTILLO DR
Clayton,Missouri 63105 NAPLES FL 34103
PREPARATION ONLY WITHOUT BENEFIT
OF TITLE SEARCH OR OPINION.
4.7-,GC t /6 66 Z 8 74(Qi 000 3
R COt j-.
THIS WARRANTY I E P day o. , 2005, by:
BALDRIDGE-PINE ,. ID t L • - . r. .ili 1 company
hereinafter called the Grant.., R• F-'
LAS PALMAS, LLC, - o...,,,,,•��'da limited liabili= p. hose mailing address
is: 11983 Tamiami Trail Suite 100,Naples, 5ria- 34110
hereinafter called the Grantee.
CIE GIRO
WITNESSETH: That the Grantor, for and in consideration of the sum of
$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,
hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the
Grantee, all that certain land situate in Collier County, Florida, described on
Exhibit"A"attached hereto and made a part hereof by this reference.
TOGETHER with all the tenements, heridaments and appurtenances thereto
belonging or in anywise appertaining.
SUBJECT TO easements,conditions, restrictions and reservations of record.
THIS IS COMMERCIAL PROPERTY and is not the homestead of the
Grantor.
(521749.DOC;1
OR: 3781 PG: 3477
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, 2004; and subject to all easements, restrictions and reservations of
record.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
BALDRIDGE-PINE RIDGE, L.L.C., a Florida
Witnesses: limited liability company
j'iM41 et LdrAi -WRCOU
Witness#1 Si_�r _ Q V � [(tC4-14"—
Harold A. g CJ BY
Witness #1 Printed Name ; -n • . , a ember
1- ',AL-- Ari n ilijolu
tness .1 Signature i r I, Pc,r1,4, (7. IL/ %-, - r---4
Witness #1 Pried Name �� .f"-‘'
STATE OF MISSOURI Oi, c:6\
j ssE CI -
COUNTY OF ST. LOUIS )
On this l Et day of March, 2005, before me personally appeared C. Allen Kann, a
Member of Baldridge-Pine Ridge, L.L.C., a Florida limited liability company, known to me to be
the person who executed the foregoing in behalf of said limited liability company and
acknowledged to me that he executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunder set my hand and affixed my official seal
in the County and State aforesaid,the day and year first above written.
" NOTARY SEAL'
Sarah A.Bracy,Notary Public
St.Charles County,State of Missouri 50. ..okak_. a - --(-..,k c?_c.
My Commission Expires 7/11/2006 Notary Public
{52 I 749.DOC;} 2
Jr;
*** OR: 3781 PG: 3478 ***
EXHIBIT A
The West one half (1/2) of the Northwest one-quarter (1/4) of the Northwest
one-quarter (1/4) of Section 18, Township 49 South, Range 26 East, Collier County,
Florida, less the North 75.00 feet thereof and
LESS AND EXCEPT:
Commencing at the Northwest corner of Section 18, Township 49 South, Range 26
East, Coitier County, Florida, said point of commencement also being the centerline
intersection of Pine Ridge Rd. (C.A. 886) and Livingston Road; Thence South
00'15'33" East along the West line of said Section 18 a distance of 75.00 feet, to the
point of beginning; thence North 89 '35'12' East along the South right of way line of
said Pine Ridge Road, a distance of 642.58 feet; thence South 00'18'546 East, a
distance of 10.00 feet; thence South 89'35'12" West a distance of 577.49 feet; thence
South 44'36'06' West, a distance of 21.41 feet; thence South 00'15'336 East, along a
line lying 50 feet East, as measured perpendicular to the West line of said Section
18, a distance of 475.00 feet; thence wog, ' West, a distance of 20.00 feet;
thence South 0'15'33" East al• •• � P4,•'0 feet East, as measured
to the West line • - n 18, • s e of 745.27 feet; thence
perpendicular �
South 89'39'19' West, a di- dee)= 30.00 feet, to the es, line of said Section 18;
thence North 00'15'33' West a • r • 1245.27 feet, r. th point of beginning.
Basis of bearings is the We t li - • • ••u 00'15'33' East.
I
CIR
521749.DOC.)
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007110518
vs.
IMMOKA LEE ROAD, INC.
Respondent
FINDINGS OF FACT CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Immokalee Road,Inc. is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 2800 Immokalee Road,Naples,Florida,Folio 78569500060,more
particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,The Land
Development Code,as amended,sections 5.04.05(A)(1),5.04.05(A)(2),2.02.03,5.06.06(GG)and 5.06.06(HH) in
the following particulars:
Banners displayed without proper permits and displaying merchandise in designated parking spaces.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 5.04.05(A)(1),5.04.05(A)(2),2.02.03, 5.06.06(GG)and 5.06.06(HH)be corrected in the following
manner:
1. By obtaining Temporary Use Permit for banners displayed on property from 11/20/07 to 11/22/07
within 14 days (April 10, 2008). After the fact permit fees of 2 x the amount of the normal permit are to apply.
2. That the Respondent is to cease any activity that is not in compliance with and accordance to the
Land Development Code of Unincorporated Collier County.
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 10,2008,
then there will be a fine of$150 per day for each day until such time as the permit is obtained.
4. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
case in the amount of$439.58 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this day of prt ( ,2008 at Collier County,
Florida. `
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORID
BY.�� .�:�j • ,.!! AWL
Gerald LeFebvr', hair /
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this2N 0 day of r∎
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or ✓ who has produced a Florida Driver's License as identification.
KRISTINEHOLTON NOTARY PUBLIC
MY COMMISSION N DD 686595
My commission expires:
'*441...7:"C"t EXPIRES:June 18,2011 Y
= Bonded Tin NOWY Pubic Ondernndere
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to
Immokalee Road, Inc.,Corporate Reg. Agent„5147 Castello Dr.,Naples,FL 34110 and Hennley Tire and Auto,
Inc., Michael McNerney, Reg. Agent,200 E. Las Olas Blvd.,Suite 1900,Ft. Lauderdale,FL 33301 this Z`�
day of r.A—cL,r; ,2008.
/7-- (7 -ter
M.Jean ", son,Esq.
Florida :.r No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. 2007110518
IMMOKALEE ROAD INC Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigne 5CpT .510C1 on behalf of himself ortrRtot 11$ WI(Gg-• 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 2007110518 dated the 27TH day of March , 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 27th March , 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) 04-41 The Land Development Code Sections(s) 2.02.03,
5.06.06[GG], 5.06.06[HH], 5.04.05[A][1] AND 5.04.05[A][2] and are described as banners
displayed and event in progress without proper permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1. Pay operational costs in the amount of $439.58 incurred in the prosecution of this case
within 30 days of the date of this hearing.
2. Abate all violations by:
A. Obtain Temporary Use Permit for banners displayed on property from 11/20/07 to
11/22/07 within 14 days of the date of the hearing or a fine of$150.00 a day will be
imposed until such time as the permit is obtained. After the Fact permit fees are to
apply.
B. Cease any activity that is not compliance with and accordance to the Land
Development Code of Unincorporated Collier County.
C. The respondent must notify the Code Enforcement Investigator when the violation
has been abated in order to conduct a f 1. inspection to confirm abatement.
i /0/
i#4114 41 vitt
e •og%ent Mi '- A told, Director
Code Enforce ent Dep rtment
/1.1- "VS
Date Date
REV 2/23/07
t
FOR RECORDER
THIS INSTRUMENT PREPARED BY:
Pad A.bitterly _
Paul A..Murray,PA 2432266 OR: 2511 PG: 0134
4001 FL 34103 CHORD North,Suite 220 CORDID It 0!MICIAL RECORDS of COLLAR COURT!. !I
Naples,
2/01191 a: 00:1511 DINT! I. MCI, :MI
RIC !!I 15.00
RECORD AND RETURN TO: DOC-.II .10
Vep,Stanl y,Zamaa&Hanlon eto:
2660 Airport Road South EGA STANLIT IT AL
Naples,Florida 34112 ICI UP
RE PARCEL ID#:00165600002
BUYER'S TIN:
QUIT-CLAIM DEED
THIS QUIT•CLAIM DEED is made this 4 4 4- day of r, f j , 19 1-.1'-1 by Jay D. Nicearaader,
Jr., a/k/a J.D. Nkewonder, Individually and as trustee of an unrecorded land bust, and Carolyn Nkswoader, Sherry
Niawsader and Mart D. Nkeweader,hereinafter called Grantor, and whose address is 148-B Bristol East Road,Bristol,
VA 24201 to Inimitable Road, Inc.,•Florida corporation,hereinafter called Grantee and whose address is 2375 Tamiama
Trail Nardi,Naples,FL 34103.
(Wherever reed herein the term 'grantor' and 'grantee' include all the panics to this tnstrrmeet and the
hens, lepl representatives and assigns at individuals, and the successoa and assigns of corporations.)
THAT the Grantor, for and in �n of the st and NO/100 Dollars and other valuable
considerations in hand paid to the Grantt�r, tpt whereof is hereby ed, does remise, release and quit-claim
unto the Grantee,all that certain land sit e.,I ' • in. Collier Coun Fl der,viz~
See Exhibit'A'attached
The rail property described In ins to on homestead our the primary
physical redden=of the Gnus i 1. J Le"
This lastrameat prepared wl ` t of Ode exansi Ion, U Ina: or attorney's opinion of
title. VP —A- AGO
•
Q,
SHE C1iL��t
SUBJECT TO taxes accruing subsequent to December 31,1998.
SUBJECT TO covenants, restrictions and easements of record, if any, however this reference thereto shall not
operate to reimpose same.
• SUBJECT TO taxes for the current year.
TO HAVE AND TO HOLD the same together with all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee.
yM, Fos.asa,ara W AMrsr 5 air gaols SFs S S, a.1466-13 8-1 rM Ma!1a0
1�
OR: 2 511 PG: 0131
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
Signed aled and delivered in our presence:
7
itness Signature•••t /W y> cewoeder,Jr.,a/k/a Jay D.N wonder
�.e.re H C it -PP `' f i;' !'��f�iKCir'l!/
i% 11 Printed S'• inure .s to both /� cewonder,Trustee
r ,j '' ti
G4444.1 ess Signature f
,ea►l‘e., '4 . I_a, h mctn n
Witness Printed Signature As to both
STATE OF FLORIDA
COUNTY OF COLLIER
f 01 �
The foregoing instrument was acknowledged before me this . day of cebrucer`t,) , 19 `1(/ by Jay D.
Nicewonder,Jr..a/k/a J.D.Nicewonder.He is personally known to me.
N Public,State a?nd County Aforesaid ���R CO-(1/4-
et/e (' '5,11/7)1 o/ `
l � rr •r 1; • ..,
,.". '.7 �IR us 13701
Notary Printed Signature C i.o... ±•• ..'.'it_•I.L,......J
IN WITNESS WHEREOF, the r n h .rosents the day and year first above
written. ti
S'.:•. •sealed and deliver d in our presen C.I ,, / QF l�.
itness •• sue CIE CIRCA
# /
� -
notcd Signature .' %
.., . ,— �,
Carol . .tcew•.' r
ttneecQ.Y Signature .
Prllt!, , L. S sse
Witness Printed Signature
STATE OF VIRGINIA
r M
OF ,,;041/
�d��
The foregoing instrument was acknowledged before me this t4Q, day of aI►i vi y . 19 9, by Carolyn.
Nkewonder. She is pg nasal v known to me or has produced as Ideotllicattoo.
N. • bile,State and County Aforesaid
'otaryy 11111L Swann e (Title or Rink)
Notary P (Serial No.,if any)
i
No t Form SoM of by Automated Root EOM qw.m.,MM.1.1100-344-1 rM Sd.I SRI
/<
r
*** PR.. 2 . 0132 1
•
i
. ,
I I
1
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written.
2 S' scaled and delivered in our presence:
, , ,4gy,
Eil/l/dy
Witness P rated Signature
■
Adams Signature '�•t �f` /Jj, hi
Shc.#ry Mcewl under
(AVscc L. )L&SS€ LS
Witness Printed Signature
STATE OF VIRGINIA
e!$Hf�4TV OF,? i
The foregoing instrument wag acknowledged before me this day of b She
Nleewonder. She Is personally known to me or has produced 1999 by Try.
as identification.
Notary Public,State and County Aforesaid
( 1�R CQ� .� , f a or 'ink). - Signature •0.i�/444/ t G.
Notary Printed Signature (Sc .l N ,if any)
/Ay G'e,:...vi runieg.�41. - - - _ /•
•`IN WITNESS WHEREOF, th sai. an . as sty 4 . s •1(. th se resents the day and year first above
wnttCn.' � �_
Sign ••sealed and delivered in o}ir presets e�.
�.✓/!. /i/./ \-P -O
sue V
Witness i�Signature
id j �E CiRCt
agnature
vl*nem Signature
1r r C\ L . �t4 sS t't {
WUness PrintedSigo:ture J
Mar D.Nicewonder
STATE OF VIRGINIA
earls'
OF 444 �
The foregoing instrument was acknowledged before me this 4144 r day of 19
Nleewonder. He is personally knot p to me or has 99 a by Mark D.
produced as identification.
Notary Public,State and County Aforesaid _,1 1
•otgry Signature/ /* 1`4 �
(Title or,x ank)
j/~ iriiroe ./
Notary Printed Signature r (Serial No.,if any)
POP I rim$Nww by wrwal.d Real Ewe sywms.lac e-644.334.,:»
1wna
*It* $4 ,50 OR: 2511 PG: 00132A ***
EXHIBIT "A"
AN AREA LYING IN THE NW 1/4 OF }COUNTY,oLOR1DAODF.SCRIH D AS 48 ,
SOUTH,RANGE 25 EAST OF COLLIER
FOLLOWS:
BEGIN AT THE NW CORNER OFT •0 • = W 1/4 OF SAID SECTION 25.
S 01°30'E FORA DISTANCE OF 4:• 1 . ` :9°15' E FORA DISTANCE OF
663 FEET TO A P.O.B.; 1 i, l� E 1S AN EXTENSION OF .
THENCE N 89°15'E FOR A ►1VT� CE OF 663 FEET;(T
THE 663 ABOVE DESCRI=ED .'F Ne O1°30'E FOR A a IST. NCE OF 60 FEET:
T HENCE S 89'15' W FO' A ST.W- " OF • 3 F " ;THEN S e 1°30'E FOR A
DISTANCE OF 135.1 FE ; •' ' '`'a 5' ": lb T C OF 30 FEET:
• THENCEN01°30'W F►RA t7 T•
P. .B.
K.c, TIE CIG �
t
i
1i
1•
S
/L
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2007060387
vs.
J. PEACEFUL, L.0
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That J. Peaceful, L.C. is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 7770 Preserve Lane,Naples,Florida,Folio 6838 1 446 1 66,more
particularly described as Lot 4, PRESERVE COMMONS,according to the plat thereof recorded in Plat Book 34,
Page 98,of the Public Records of Collier County, Florida,together with that portion of Lot 3 of Preserve Commons
(according to plat) is in violation of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 10.02.06(B)(2)(a)and I0.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,the Property
Maintenance Code,Sections 16(1)(n)(2), 16(1)(n)(3), 16(2)(i)and 16(2)(j)in the following particulars:
Wall signs maintained in a poor state of repair.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 10.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58, the Property
Maintenance Code, Sections 16(1)(n)(2), 16(1)(n)(3), 16(2)(i)and 16(2)(j)be corrected in the following manner:
1. By bringing all damaged wall signs up to current code by removing or re-permitting(if needed)all
such signs within 60 days (May 26,2008).
2. By monitoring said signs for all inspections until final certificate of completion within 60 days of
permit issuance. Affix permit numbers to all signs that are CO'd.
3. By ceasing any activity that is not in compliance with and accordance to the Land Development Code
of Unincorporated Collier County.
4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 26, 2008,
then there will be a fine of$150 per day for each day until such time as the signs have been permitted or removed.
5. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of
permit issuance,then there will be a fine of$150 per day for each day until such time as all signs are CO'd.
6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$398.70 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.
N°
DONE AND ORDERED this 2 day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIE' COUNTY,FL',RID
BY: "�/.L..� ///,i —
Gera d LeFebvr- C air
2800 North H' seshoe Dri
Naples, Flor'•a 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 7N O day of
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is
personally known to me or AV who has produced a Florida Driver's License as identification.
KRISTINE HOLTON
MY COMMISSION#DD 686595
NOTARY PUBLIC
EXPIRES:June 18,201
My commission expires:
Act- ?hru Notary Pubic Underwriters Y P
�Rf��h` Bonded
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to J.
Peaceful L.C.,and Truxton Bolano, Reg.Agent, 12800 University Drive, Ste. 350,Ft. Myers, FL 33907 this
7) day of &pi, ,2008.
M.Jezf Rawson,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.
DEPT NO. 2007060387
J. PEACEFUL, L.C. Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned,61or-Cts Ch k(m; , on behalf of himself orb%tEC4L LC- 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 2007060387 dated the 27TH day of March , 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 27th March , 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) 04-41 The Land Development Code Sections(s)
10.02.06[B][2][a], 10.02.06[B][2][d][ix] and 2004-58 The Property Maintenance Code, as
amended, sections 16[1][n][2], 16[1][n][3], 16[2][i] and 16[2][j]. and are described as wall signs
maintained in a poor state of repair.
THEREFORE, it is agreed between the parties that the Respondent shall;
1. Pay operational costs in the amount of $398.70 incurred in the prosecution of this case
within 30 days of the date of this hearing.
2. Abate all violations by:
(1;■4941-y/
A. Bring all damaged wall signs up to current code by removing or re-permitting (if
needed) all such signs within)(days of the date of this hearing or a fine of$150.00
will be imposed until such signs become either permitted or are removed. Monitor
said signs for all inspections until fmal co (certificate of completion) within 60
days of permit issuance or a fine of$150.00 a day will be imposed until such time
as all signs are COed(certificate of completion). Affix. permit numbers to all signs
that are coed
B. Cease any activity that is not compliance with and accordance to the Land
Development Code of Unincorporated Collier County.
C. The respondent must notify the Code Enforcement Investigator when the violation
has been abated in order to conduct a.fmal inspection to confirm abatement.
II CA
"espondent Michelle Arnold, Director(/
Code Enfor ement epartment
k")
/ [Tate Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 20070000341
vs.
LENNAR HOMES,LLC.,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Lennar Homes, 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 and signed a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at Folio 49660081585,more particularly described as(see attached legal)is
in violation of Collier County Ordinance 04-41,The Land Development Code,as amended, sections 5.06.06(0)
and 5.06.06(W)in the following particulars:
Commercial flags(AKA wind signs)improperly displayed.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 5.06.06(0)and 5.06.06(W)be corrected in the following manner:
I. By removing any commercial flags/wind signs except those that are exempt by code within 10 days
(April 6, 2008).
2. By ceasing display of any banners or signs that are not in compliance with the Land Development
Code of Collier County, Florida.
•
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 6,2008,
then there will be a fine of$150 per day for each day until such time as the signs have been removed
4. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$427.59 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.
O
DONE AND ORDERED thisZ_. day of ■ ,2008 at Collier County,
Florida. ii
CODE ENFORCEMENT BOARD /
COLLIER COUNTY, FL• ID/
BY ,t1„ , + /��Af
Gerald LeFebvre 'hair 7
2800 North H. seshoe Driv,
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this/ day of ■ ,
2008,by Gerald LeFebvre,Chair of thee Enforcement Board of Collier County,Florida,who is
personally known to me or ✓ who has produced a Florida Driver's License as identification.
I(RISIINE N*DD 6
.�.,��.� MY CDMMISSIDN N DD 686595
� EXPIRES:June t8,2011 NOTARY PUBLIC
Rf h` Bonded Ttuu Notary Pubic Underwdlers
My commission expires:
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Lennar
Homes, Inc., Corporation System, RA, 1200 S. Pine Island Rol Plantati , FL. 3 24 and Lennar Homes LLC,
4415 Metro Parkway, Ste. 216, Ft. Myers,FL 33916 this 27 day of ,2008.
�� (:_ , �✓
M.Je fi awson,Esq.
Flori a 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.
DEPT NO. CES20070000341
LENNAR HOMES LLC Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, INtss,ut Seri An , Jr�",'won beh�of himself or l wA nat kroC '- LL C_- 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 CES20070000341 dated the 27TH day of March,
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 27th March, 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) 5.06.06[0] and 5.06.06[W], Of the Land Development Code
, as amended and are described commercial flags and wind signs unlawfully displayed.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$427.59 incurred in the prosecution of this case within 30
days of the date of this hearing.
2) Abate all violations by:
A. Remove any commercial flags/wind signs except those that are exempt by code within 10 days
of the date of this hearing or a fine of $150.00 a day will be imposed until such time as the
aforementioned signs are removed
B. Cease displaying any sign that is not in accordance to and compliant with the Land Development
Code of Unincorporated Collier County.
-spon•- t must •tify Code Enforcement that the violation has been abated and
requ: the Inv- gator to come out and perform a site inspection.
'esponden V Mi a Arnold, Director
Code Enforce ent De artment
Zial /An?. 3 . .) 7 F
Da Date
REV 2/23/07
OR: 4273 PG: 3836
Fax Audit No.H07.4QQ210487 3
EXHIBIT "A"
AGREEMENT AND PLAN OF MERGER
This AGREEMENT AND PLAN OF MERGER(this "Agreement") is made and
entered into as of the 21g day of August, 2007, by and between LENNAR BV, LLC, a
Florida limited liability company (the "Non-Surviving Entity"), having a mailing address
of 700 N.W. 107th Avenue, Miami, Florida 33172, and LENNAR HOMES, LLC, a
Florida limited liability company (the "Surviving Entity"), having a mailing address of
700 N.W. 107th Avenue,Miami, Florida 33172.
WHEREAS, the Non-Surviving Entity and the Surviving Entity wish to enter into
a plan of merger, pursuant to which the Non-Surviving Entity will merge with and into
the Surviving Entity.
NOW THEREFORE, in consideration of the premises and mutual covenants set
forth below,the parties agree as folio R COO-
L Non-Survivin• Enti ! r name and j •ilfiA of formation of the Non-
Surviving Entity are as foil',v'
Name of En 'tv State f Formation
Lennar BV, L C Ipri(a
t"
2. Surviving Entity:r • name and jurisdicti of :tie of the Surviving Entity
is as follows: Q
C)
Name of Enti y e of Formation
4IE CRC
Lennar Homes,LLC Florida
3. The Merger. Subject to the terms and conditions of this Agreement and in
accordance with Section 608.438 of the Florida Limited Liability Company Act (the
"Act"), at the "Effective Date," as hereinafter defined, the Non-Surviving Entity shall
merge (the "Merger") with and into the Surviving Entity. Upon consummation of the
Merger, the separate existence of the Non-Surviving Entity shall cease and the Surviving
Entity shall be the sole surviving entity of the Merger.
4. Effective Date and Time of the Merger. The Merger shall become effective as of
12:01 A.M. (Eastern Time) on August 23,2007(the "Effective Date").
Fax Audit No.H07000210487 3
MIAMI 1392472.1 7239327592
*** 011: 4273 PG: 3837 ***
Fax Audit No.H07-000210487 3
5. Treatment of Membership Interests.
(a) Each membership interest in the Non-Surviving Entity existing
immediately prior to the Effective Date, and any right to acquire a membership
therein, shall, by virtue of the Merger and without any action on the part of the
holder thereof, or any consideration being tendered thereto, be cancelled and
retired and cease to exist,without any conversion thereof.
(b) Each membership interest in the Surviving Entity existing immediately
prior to the Effective Date, and any right to acquire a membership therein, shall,
by virtue of the Merger, and without any action on the part of the holder thereof,
continue to exist as a membership interest and right to acquire a membership
interest,respectively,in the Surviving Entity.
6. Effects of the Merger. At and after the Effective Date, the Merger shall have the
effects set forth in Section 608.4383 of the Act.
7. Articles of a anization . Upon the Effective Date, the
Articles of Organization, as • 7 - • ` '' �: 'fi ement of the Surviving Entity
shall be the Articles of 0 .on, as amended c .erating Agreement of the
Surviving Entity.
7. Governing Law. 's A:reem .11 be _•verve• by he laws of the State of
Florida.
8. Counterparts. ►, •• or more counterparts,
each of which shall be --m d an original, and • of ich •,.= er shall constitute one
and the same instrument. 'C?iti _o
T C C
[SIGNATURES ON FOLLOWING PAGES.]
2
MIAMI 1392472.1 7239327592 Fax Audit No.H07-000210487 3
I/
Book 4271 - Page 1505 Page 1 of 1
4060994 OR: 4271 PG: 1505
RICOADID in BIPICIll RECORDS of C0LLI11 COUR, El
08/17/2007 at 09:16A1 DVIGE!E. 110CE, GIRT
11C ?11 163.00
DOC-.70 .70
COPIIS MOO
MISC 1.90
Retn:
Mill BY
10491 6 MILE CIPBESS P0!
This inst ument prepared by: PT hUE! 11 33912
Steven W.Simon,Esq.
Bilzin Sumberg Barra Price&Axelrod,LLP
200 So.Biscayne Boulevard,Suite 2500
Miami,FL 33131
GENERAL WARRANTY DEED
(Bayvest)
THIS GENERAL WARRANTY DEED,dated Q,,,.A.,,k %L ,2007,between BAYVEST,
L.L.C.,a Florida limited liability company with an addressat 4415 Metro Parkway,Suite 216,Fort
Myers,Florida 33916("Grantor")and LENNAR BV,LLC,a Florida limited liability company with
an address at 4415 Metro Parkway,Suite 216,Fort Myers,Florida 33916("Grantee").
Grantor,for the purpose of transferring real property to its wholly owned subsidiary,hereby grants,
bargains and conveys to Grantee the land situate,lying and being in Collier County,Florida,more
particularly described on Exhibit"A"("Property")attached hereto.
Note to Recorder. The conveyance of the Property is made by Grantor to Grantee
without consideration to a wholly owned. subsidiary. The Property is unencumbered.
Accordingly,pursuant to Crescent Miami Center v.Florida Department ofRevenrie,903 So.2d
913(Fla.2005),no documentary stamp taxes are due.
TOGETHER WITH(i)any and all structures and improvements on the Property;(ii)all
right,title,and interest,if any,of Grantor in any land lying in the bed of any street or highway,
opened or proposed,in front of or adjoining the Property;and (iii) all easements,rights of way,
privileges,licenses,appurtenances and other rights and benefits belonging to,running with the owner
of,or in any way related to the Property.
TO HAVE AND TO HOLD,the same in fee simple forever.
SUBJECT TO: real estate taxes and assessments for the year 2007 and subsequent years,
zoning ordinances,codes,rules and regulations and other restrictions,regulations and prohibitions
imposed by governmental authorities,conditions,restrictions,limitations,reservations,declarations,
easements,dedications and agreements of record, if any,but this provision shall not operate to
reimpose same,
MIAMI 1370726.1 7239327592
.7.
4063652 OR; 4273 PG; 3814
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
08/23/2007 at 01:0IPN DWIGHT E. BROCI, CURE.
REC FEE 205.50
COPIES 24.00
Prepared by: Retn:Al4'N:FRANI REYNOLDS
Steven W.Simon,Esq. LIM HOBS
Bilzin Sumberg et al 10471 SI! NILE CYPRESS PIER
200 S.Biscayne Blvd.,#2500 FT MYERS FL 33412
Miami,FL 33131
305-350-7221
•
NOTICE OF MERGER
(Bayvest)
• LENNAR BV,LLC into LENNAR HOMES,LLC
TAKE NOTICE that LENNAR BV,LLC, a Florida limited liability company has merged
with and into LENNAR HOMES, LLC, a Florida limited liability company and that
LENNAR HOMES,LLC is the survivin: . '. .ursuant to the Certificate of Merger
filed with the Florida Secretary of - Y �:; •,•_ , •f law,title to the real property
located in Collier County, Flo:• . r. on ° l r'' " attached hereto once vested
in LENNAR BV LLC has .- •ested in LENN• Pli = I S LLC as successor by
merger to LENNAR BV, L C.
Dated this pl3day of I ,.:-. -.46 �
i �ar H:1..:s, I
Print=•,'ir, i f s
Its: fN
O
STATE OF FLORIDA ) 7 C-11 %-
SS:
COUNTY OF L.,,ie ) •
The foregoing instrument was acknowledged before me this.z.?3 day of A•..t..b ,
2007,by tar\ cW 1-1,0-s-} ,as r.L.e R ;el -.� of LENNAR
HOMES,LLC!a Florida limited liability company, on behalf of said company. He/she
(X)is personally known to me or( )has produced a State of Florida driver's license as
identification and did not take an oath. .
NOTARY SEAL/STAMP •
Notary Signature: 6 A e_,_(), A
�0r.4r� Notary Public State of Florida Print Name: h
sheds M Camey
�y My Commission 00537172
"for no' Expires 04/05/2010
MIAMI 1358902.1 7239327592
•
■
i '
/2
OR: 4273 PG: 3815
Fax Audit No.HO7D00210487 3
IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of
the 21'day of August,2007.
NON-SURVIVING ENTITY:
LENNAR BV, LLC, a Florida limited liability company
By: BAYVEST, LLC, a Florida limited liability
company,its member
By: BAYHOME USH, INC. a Fl• '.
corporation, its member
CEI L:
+ . .
0 1.1...S
Title: ,
R C•
L AR HOMES, ■ C, a Florida limited liability
C B lA—
� T
�i� 'i ---
lir Title: , A,Ar
11EC1?
•. ,.
Fax Audit No.H07-000210487 3
MIAMI I L V413 9V4327s92
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007050845
vs.
BRIEN S. SPINA,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27, 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
1. That Brien S. Spina is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified,appeared at the public hearing and entered into a Stipulation.
3. . That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 413 San Juan Avenue,Naples,Florida 34113,Folio 52454760009,more
particularly described as Lot 695,Isles of Capri,Number Three,according to the plat recorded in Plat Book 3,Page
66, 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)(e)and 10.02.06(B)(1)(e)(i)in the
following particulars:
Electrical boat lift added to existing boat dock without first obtaining all required Collier County Permits
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation which is attached
hereto and incorporated herein, and to the authority granted in Chapter 162,Florida Statutes,and Collier County
Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Section
105.1 be corrected in the following manner:
1. By obtaining all required building permits for the electrical boat lift, including all inspections and
certificate of completion within 120 days(July 26,2008).
2. In the alternative,by obtaining demolition permit,all required inspections,and a certificate of
completion and demolishing the electrical boat lift within 30 days(April 26,2008).
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2008,
then there will be a fine of$200 per day for each day the violation remains.
4. That if, in the alternative,the Respondent does not comply with paragraph 1 of the Order of the Board
by April 26,2008,then there will be a fine of$200 per day for each day the violation remains.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement 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$328.52 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 Za O day ofapa ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA,e,
.�i / �-
erald LeFeb e,Chair /
2800 North orseshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this.uoday of ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, lorida,who is
personally known to me or ✓who has produced a Florida Driver's License as identification.
""' KRISTINE HOLTON _66LJ..1lAN�,
: MY COMMISSION#DD 686595 NOTARY PUBLIC
, W..--4„,-.;i1 EXPIRES:June 18,2011 My commission expires:
R^t Bonded Thru Nobly Pubic Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORD has be n sent by U. S. Mail to Brien S.
Spina, 300 Capistrano Court,Naples, Florida 34145 this 2.J' ° day of ,2008.
,-a4.A.,
/ y (2 d ��
M. Jean son, Esq.
Florida' ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples,Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. 2007050845
Brien S. Spina
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, r/e/l 2/v74 , on behalf of himself or as
representative for Respondent and enters into t4iis Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number 2007050845 dated the 24th day of May, 2007.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for March 27th, 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. Electrical boat lift added to existing boat dock without first obtaining the required
Collier County Building permits.
2) The violations are that of section(s) 10.02.06(B)(1)(a),10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i), of Ordinance 04-41, as amended and are described as Building or land
alteration permit and certificate of occupancy.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$328.52 incurred in the prosecution of this case.
2) Abate all violations by:
Respondent must obtain all required building permits, inspections and certificate of completion
within 68-day9 of tiffs hearing or a $200.00 day fine will be imposed for each day the violation
remains; -- °'f"` ))
Respondent may obtain demo permit and demolish electrical boat lift with in 30 days of this hearing
or a $200.00 day fine will be imposed for each day the violation remains.
3) Respondent must notify Code Enforcement that the violation has been abated and request the
Investigator to c•• - i■ut and perform a site inspection.
01:sr
1
Res-•nde t 411V i ichelle Arno T I irector
Code Enforcement Department
3-01-7— . . 3--2.71 o8
Date Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007080860
vs.
GREENBELT, LLC.
and
GRACE R. OLIVER,JR.
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
I. That Greenbelt, Inc. is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 887 105th Avenue N.,Naples,Florida 34142,Folio 62412360004,more
particularly described as Lots 6,7, 8,9,and 10, Block 6,NAPLES PARK, UNIT No. 1,according to the map or
plat thereof and recorded in Plat Book 1, Page 106, in the Public Records of Collier County, Florida is in violation
of Collier County Ordinance 2004-58,The Property Maintenance Code,as amended,Sections 16(2)(i)and 16(2)(j)
in the following particulars:
Copy removed from signage and left in a poor state of repair.
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,as amended,
Sections 16(2)(i)and 16(2)(j)be corrected in the following manner:
1. By painting the facade in a workmanlike fashion to remove any shadowing created by the removal of
wall signs within 30 days(April 26,2008).
2. By obtaining proper permits and all inspections through certificate of completion for any future
change in copy made to pole sign.
3. By having minimum landscaping requirements at the base of the sign within 30 days(April 26,2008)
4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 26,2008,
then there will be a fine of$150 per day for each day until such time as the facade is painted and the shadowing is
removed
5. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 30 days
(April 26,2008),then there will be a fine of$150 per day for each day until such time as the requirements are met.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform 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$406.07within 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.
jJ to
DONE AND ORDERED this Zi day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BO• RD
COLLI R COUNTY, F O'4 D•
BY.-I/. ∎LI t . Al i
' erald LeFebvr,,Cha'
2800 North H rseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
Z.°The foregoing instrument was acknowledged before me this day of ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,F orida,who is
personally known to me or ✓who has produced a Florida Driver's License as identification.
il,y;!... 1611S11NE HOLTON
■ ♦ .A ��A �\ I��
:.__ MY COMMISSION#DD 686595 N•TARY PUBLIC
?•.���.r- EXPIRES:June 18,2011 My commission expires:
',erg t` Bonded Tbru Notary Public Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Greenbelt, LLC, United Corporate Services, Inc., Reg. Agent,200 S. Dadeland Blvd.,Ste. 508,Miami, FL 33156
and Grace R. Oliver, 55 Brookville Road,Glen Head,New York 11545 this 10° day oft , 2008.
f M. can 'rwson, Esq.-
Florid. :ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples,Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs. CEB NO. 2007080860
GREENBELT LLC
AND
GRACE R OLIVER JS MGRM Respondent(s),
S//TIPULATION/AGREEMENT
COMES NOW, the undersigned, lea/ J. ,, rr l/
9 V , on behalf of himself or AP-A.1--
as
representative for Respondent a d enters into this Stipulation and Agreement with Col er County as to the
resolution of Notices of Violation in reference (case) number 2007080860 dated the 27TH day of March , 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 27th March 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.
The violations are that of section(s) 2004-58, The Property Maintenance Code, as
amended, section(s) 16[2][i] and 16[2][j]. and are described as copy removed from
signage and pole left in a poor state of repair.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ 406.07 incurred in t prosecution of this case within.
30 days of the date of this hearing. hi C-u
2) Abate all violations by: /w/� p —4 -� �v. -�d t`� '�
A. Paint façade in a workman like fashiorfto remove any shadowing created by the removal of wall
signs or a fine of$150.00 a day will be imposed until such time as the facade is painted and the
shadowing is removed.
B. Obtain proper permits and all inspections through certificate of completion for any future change
in copy made to pole sign.
4c
C. Have minimum landscaping requirements al'the base of the sign within 30 days of the date of
this hearing or a daily fine of$150.00 a day will be until such time as the requirments are meant.
D. Maintain signs and the property to the minimum standards set forth in the Property Maintenance
Code, as amended, of Unincorporated Collier County.
3) espon•en ust notify Code Emforcememt tliat,the violation ihas been abated and request the
vesti•` o •/ o ,= :• and pe, orm a site inspection.
espond t - • ■∎;.- - - Arnold, Director
Code Enfor emen Department
3/ ? ( of 3 c)- ?
Date
Date
REV 2/23/07
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2007070696
MKA HOLDINGS,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27, 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
1. That MKA Holdings is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 5939 Shirley Street,Naples,Florida,Folio 00246760007,more
particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,sections l 0.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)in the following particulars:
Structure/additions of office space,stairway and canopy without first obtaining all required Collier County
Building Permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and
incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance
No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections
10.02.06(B)(I)(a)and 10.02.06(B)(I)(e)(i)be corrected in the following manner:
1. By obtaining all AFT permits for all unpermitted construction/remodeling/additions on property and
by obtaining all inspections through certificate of completion within 120 days (July 26,2008).
2. In the alternative,by obtaining a demolition permit and by removing any unpermitted
construction/remodeling/additions and restoring the building to its original permitted state and by removing all
3. By ceasing any activity that is not in compliance with and accordance with the Land Development
Code of Unincorporated Collier County.
4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2008,
then there will be a fine of$200 per day for each day until the nonpermitted construction/remodeling has been
permitted, inspected and CO'd.
5. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board
by July 26,2008,then there will be a fine of$200 per day for each day until such time as the building is restored to
its permitted state and all unpermitted construction/remodeling/additions have been removed.
6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$406.07 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.
O
DONE AND ORDERED this Z, day of afak,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLO' DA/ /
BY: !�_ �/ A 01
Gerald LeFebvre 'hair /
2800 North Hor eshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 7,1`)C)day of ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, F rida,who is
personally known to me or ✓who has produced a Florida Driver's License as identification.
015t IRISTINEHOLTON N TARP PUBLIC
': " .4 MY COMMISSION#DD 686,505 My commission expires:
v a;' EXPIRES:June 18,2011
Notary Pubic Undeny,ben
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been�sent^�by U. S. Mail to MKA
Holdings, LLC,5939 Shirley Street,Naples, Florida 34109 this 2 '- ��
day of e/4Lk J ,2008.
/ - -4.1 Cam))u
M.Jean a son, Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples,Florida 34102
(239)263-8206
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Vs.
DEPT NO. 2007070696
MKA HOLDINGS
JAMES M. WALKER (AS REG AGT), Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned A I`N f, on behalf of himself orn1 as
representative for Respondent a enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number 2007070696 dated the 27TH day of March , 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 27th March , 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) 04-41 The Land Development Code Sections(s)
10.02006[B][1][a, 10.02.06[B][1][e][i] ]and are described as construction/ additions done without
proper building permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1. Pay operational costs in the amount of $406.07 incurred in the prosecution of this case
within 30 days of the date of this hearing.
2. Abate all violations by:
A. Obtain After The Fact permits for all unpermitted
construction/remodeling/additions on property and get all inspections through
certificate of completion (CO) within 120 days of the date of this hearing or a fine
of $200.00 a day will be imposed until such time as the unpermitted
construction/remodeling has been permitted, inspected and COed OR Obtain a
demo permit and remove any unpermitted construction/remodeling/additions within
120 days of the date of this hearing and restore the building to its original permitted
state or a fine of$200.00 a day will be imposed until such time as the building is
restored to its permitted state and all unpermitted construction/remodeling/additions
have been removed. Remove all constructio waste to the appropriate site for such
disposal. j c ft S 1 Lc., p e—op edw., t e fi frq t,►v-v 6. r
B. Cease any activity that is not compliance with and accordance to the Land
Development Code of Unincorporated Collier County.
C. The respondent must notify the Code Enforcement Investigator when the violation
been ab-d in order to conduct a final inspection to confirm abatement.
1 ii % I. . / /7IE4
pondent Michel rnold Director
� p
Code Enforcement Department
3 . 2- 7- b25/ 3/a7 F
Date Date
REV 2/23/07
THISINSTRUMENTWASPREPARED 3789105 OR: 3986 PG: 1116
WITHOUT THE BENEFIT OF LEGAL RECORDED ill OFFICIAL RECORDS of COLLIER COHITT, FL
'OPINION OR TITLE EXAMINATIOR! 02/22/2006 at 07:58AI DWIGHT B. BROCI, CLERK
This Instrument Prepared By COIS 2031174,00
L. N. Ingram, III, Esq. RBC FIE 27.00
Attorney-at-Law DOC-.70 14223.30
Florida Bar No. 038572 ReOB:
Suite No. 302 GLOBAL TITLE CO
900 Sixth Avenue South
13500 TF 31 I #9
NAPLES FL L 34110
Naples, Florida 341024792
Folio Number 00246760007
Folio Number 00248160003
WARRANTY DEED
THIS INDENTURE made this the 17th day of February, 2006, by and
between STEWART T. MACFARLANE and MARY E. MACFARLANE,
Husband and Wife,
of the County of Collier, State of Florida, GRANTORS and
MKA
A Florida ., ' y Company
whose post office addre-C 5939 Shir - reet
Naples, Flo id- 34109
of the County of Col ie', Stat. o lori.a, G: , EE.
F; 5
That said Granter-, .. •- •`nsi- = , of the sum of
TWO MILLION THIRTY-m % THOUSAND EIG •,;y D. -EVENTY-FOUR DOLLARS
($2,031, 874.00) and of,, .-ood and valueue-ult.' consideration, to said
Grantors in hand paid by s-/t;
-e a1 receipt where of is hereby
acknowledged, have granted, bargained and sold to the said Grantee, and
Grantee' s heirs and assigns forever, the following described real
property situate, lying, and being in Collier County, Florida, to-wit:
Lot 97, J & C INDUSTRIAL PARK, an unrecorded plat lying in Section
11, Township 49 South, Range 25 East, Collier County, Florida, more
particularly described as follows:
Commencing at the West 1/4 corner of Section 11, Township 49 South,
Range 25 East, Collier County, Florida; Thence along the East and
West 1/4 line of said Section 11, as surveyed, N 89°30'40°E, 667.70
feet for the PLACE OF BEGINNING.
Thence N 0°31'42' W, 130.38 feet;
Thence S 89°28'18'W, 358.47 feet to the centerline of a road;
Thence along said centerline S 10°43'42' W, 130.91 feet;
Thence S 5°09'50' E, 1.73 feet;
Thence N 89° 30' 40' E, 383.88 feet
to the PLACE OF BEGINNING.
OR: 3986 PG: 1117
and
Lot 132, J & C INDUSTRIAL PARK, an unrecorded plat lying in the
North 1/2 of Section 11, Township 49 South, Range 25 East, Collier
County, Florida, more particularly described as follows:
Commencing at the West 1/4 corner of Section 11, Township 49 South,
Range 25 East, Collier County, Florida; Thence along the East and
West 1/4 line of said Section 11, as surveyed, N 89°30'40" E, 667.70
feet for the PLACE OF BEGINNING.
Thence N 0°31'42" W, 130.38 feet;
Thence N 89°28'18" E, 325 feet to the centerline of a road;
Thence along said centerline S 0°31'42" B, 130.61 feet to the said
East and West 1/4 line;
Thence along said East and West 1/4 line, S 89°30'40" W, 325.0 feet
to the PLACE OF BEGINNING.
Both parcels being a part - 1i - =t 1/4 of said Section 11;
and
MIr
Both parcels are c•• • - _. subject to re-t,i ions, reservations,
easements, drainag. ea= -meats and road rig. s-. -way of record.
Both parcels are •.nv-ye.-s '•'ec- o out=tandi.g -:,sessments for the
Pine Ridge Munici.al an. ad valorem taxes
for the calenda• y=: l • _ '. i . - •f hich the grantee
expressly agrees to = - um- _ ..p, . s •a .
and said Grantors d. 1 y warrant t,- ti le a said land, and will
defend the same a ain •e lawful cla =
/i) persons whomsoever.
IN WITNESS WHEREO a - Grantors
t - - , . -reunto set the Grantors
hands and seals is •e 17t.7 1 1.t• ary, 2006.
igne. , sealed, • •elivered
in th= p -se• - "
1. j
Itnessl 1Stewart - - ' ar , Grantor
• ,/(:).
[Printed Name of Wit• J.1.r /
LS)
/01P1.4 Mary F. Macfarla , Grantor
Witness
ZD (C/S 07- eirO Wn)
[Printed Name of Witness 2.]
c:sta,ac.d..
rev. 02/1L/Oi
-2-
I
• *** OR: 3986 PG: 1118 ***
•
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument w2Cs acknowledged before me this the 17th
day of February, 2006, by STEWART T. MACFARLANEi and MARY E. MACFARLANE,
[X] who are personally kno • • me; or
[ ] who produced a Flor'da•.Driver` - Li ens-
identification.
-1110■ (if
'4 411
"`"fie L.N.INct iii ota . c
saorlocruar e m m s, 144 -d Name of Not- - •l i c]
Comm.- •. Number:
Comm on Expires:
Fir
4IE Gill-
• esatumac.dee
rev. 02/26/06
-3-
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2007-94
vs.
ANTHONY J. GUALARIO,
Respondent
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Respondents'
Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the
premises,hereby GRANTS the said Motion.
ORDER OF THE BOARD
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and
Collier County Ordinance No. 92-80,it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is GRANTED. The Respondent is granted an
additional 60 days from March 24,2008(May 23,2008).
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 2.1L21) day of 1a ,2008 at Collier County,
Florida.
CODE ENFORCEMENT B•ARD
COLLI R COUNTY F %'ID 7
BY IA:Li/__ _ �/
erald LeFeb--,Ch.ir
2800 North orseshoe D
Naples,F •rida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
D
The foregoing instrument was acknowledged before me this 4, day of
2007,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, lorida,who is
personally known to me or ,/ who has produced a Florida Driver's License as identification.
14-1 )`j‘
.'tip"'`�'' KRISTINEHOLTON NOTARY PUBLIC
* ,•∎ MY COMMISSION 8Dp888595 My commission expires:
W....-,„,,,:+ EXPIRES:June 18,2011
V;;fi:. Bonded Thru Notary Pig*Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Anthony
J. Gualario, 551 Neapolitan Lane,Naples,FL 34103 this 7)O day of( ,2008.
/1? - �
M. Jean wson,Esq.
Florida ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples,Florida 34102
(239)263-8206
Stift oy FLORLO `.;:;*i,,W f; ,
.1olunty of COWER :';.a
I HEREBY CERTir—i' THAT this is a tive SO
:orrect copy of a document on,file In
Board Minutes and R6coros of Cooler Count,
1144SS ny 11,40 I .r : �l this,
ciay o f �t aa��U
3WIGHT E. BROCK, CLERK OF'COURTS
Lola sjimmittf Lam
GT%
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007-88
vs.
SAXON MANOR ISLES APARTMENTS,LIMITED PARTNERSHIP.
Corporation Service Company,Reg. Agent
Respondent
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on October 25,2007,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 31,207 and
furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4298,PG 0624,
et. seq. on November 1,2007.
An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on February
13,2008,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 October 31,2007, it is hereby
ORDERED,that the Respondent, Saxon Manor Isles Apartments, Limited Partnership pay no fines to
•
Collier County. 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 Respondent.
n/�
DONE AND ORDERED this I P
day ofa�! ,2008 at Collier County, Florida .
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLO'1 DA
BY: r(� A /...aa
Gerald LeFebvre hair
2800 North H• seshoe Drive
Naples, Flori a 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
,JO
The foregoing instrument was acknowledged before me this Z day of n
,2008,by Gerald
LeFebvre, air of the Code Enforcement Board of Collier County, Florida,who is personally known to
me or
LeFebvre,
has produced a Florida Driver's License as identtificatiionn..
KRISTINEHOLTON NOTARY PUBLIC
•,• , MY COMMISSION#DD 686595
- EXPIRES:June 18,2011 My commission expires:
• •--4•. Bonded Tin Nobly Pubic Underwmers
-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Saxon
Manor Isleg Apartments, Ltd. tn.,Corporation Service Co., Reg.Agent, 1201 Hays Street,Tallahassee, FL 32301
this Z day of ,2008.
M.Jea awson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples,Florida 34102
(239)263-8206
tata et !I __ ,•;A e.,;.."��+y.-�< F '..
� xl
•`,ounty of COWER
I HEREBY CERTI7(THAT this Is a MN S
;orrect copy of a aocument on,fite in
Board Minutes and Recoros of Collier County
!Top my n,r o wag of .0,seal this
day of s
. WIGHT E. BROGK• CLERK OF COURTS
1114444:itailihm-,
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.20070000116
vs.
COLLIER REALTY CORPORATION,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Collier Realty Corporation is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 101 New Market Road E.,Immokalee,FL, Folio 49660081585,more
particularly described as Lots 1 through 8 inclusive in Block 44 of the New Market Subdivision,Immokalee,
Florida,as recorded in Plat Book 1,Pages 104 and 105 of the Public Records of Collier County,Florida is in
violation of Collier County Ordinance 04-41,The Land Development Code,as amended,sections 5.06.06(M),
5.06.04(C)(12)(c),5.06.06(F)and 10.02.06(b)(2)(a)and Collier County Ordinance 2004-58,The Property
Maintenance Code,as amended,sections 16(2)(i)and 16(2)(j)in the following particulars:
Neon/illuminated signs improperly displayed and window occlusion in excess of the allowable 25 and
non-complying/portable signs on property.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,The Land Development Code,as amended,
sections 5.06.06(M),5.06.04(C)(12)(c),5.06.06(F)and 10.02.06(b)(2)(a)and Collier County Ordinance 2004-58,
The Property Maintenance Code,as amended, sections 16(2)(i)and 16(2)(j)be corrected in the following manner:
1. By removing the window occlusion in excess of the allowable 25%within 14 days (April 10,
2008).
2. By removing any illuminated/neon signs from windows within 14 days(April 10,2008).
3. By ceasing displaying any signs not in accordance to and compliant with the Land Development Code
and the Property Maintenance Code of unincorporated Collier County,Florida.
4. By removing any portable/non-complying signs on said property within 14 days(April 10,2008).
5. That if the Respondent does not comply with paragraph I of the Order of the Board by April 10,
2008,then there will be a fine of$150 per day for each day until such time as the window occlusion has been
removed.
6. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 10,
2008,then there will be a fine of$150 per day for each day until such time as the signs have been removed.
7. That if the Respondent does not comply with paragraph 4 of the Order of the Board by April 10,
2008,then there will be a fine of$150 per day for each day until such time as the portable/non-complying signs
have been removed.
8. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$423.98 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this 2°D day of_ ,2008 at Collier County,
Florida. r
CODE ENFORCEMENT BOARD
COLLIE' COUNTY,FLO t•'.A /
BY:����, . i _
Gerald LeFebvre, ' air
2800 North Ho .eshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this Z.day ofQ-(1��) ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is
personally known to me or L./who has produced a Florida Driver's License as identification.
KRISTINE
V_Ailltk/kD H—DSL4V)---
..� MY COMMISSION pp 886595 NOTARY PUBLIC
_;� EXPIRES:June 18,2011 My commission expires:
Iiir
, bonded Thru Notary Pubic Undenvriten
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORR has been sent 1) U. S.Mail to Collier
Realty corp., 101 New Market Rd. E., Immokalee,FL 34142 this Z.. day of ,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
I
haft 0 FLORIDA t4 m
;ountY of COLLAR
I HEREBY CERT1,'r THAT this I eta
-orrect copy of a document on,
a;card Minutes and RecorOS of CO4i
this
5 mY h no ptti
day °f t��
'WIGHT E. BROGK,CLERK OF COURTS'
..121ZA.2j1f4-2tadlialr Doc*
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007100037
vs.
TOYS R US-DELAWARE, INC.,
TRU 2005 REI, LLC,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Toys R US-Delaware(Business)and TRU 2005 REI,LLC(Property Owner)are the owners of the
subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having been duly notified, failed to appear at the public hearing.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 5305 Airport Road N.,Naples, Florida 34109,Folio 00255091000,more
particularly described as(see attached legal)was in violation of Collier County Ordinance 04-41,the Land
Development Code,as amended,section 02.02.03 in the following particulars:
Utilizing storage containers on property without county issued Temporary Use 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,section
02.02.03 have been abated.
That the Respondents have paid the operational costs incurred in the prosecution of this
case .
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
"JO
DONE AND ORDERED this Z day of ,2008 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA /
BY: '11 :._ _
t era d LeFebvre, tirair
2800 North Hor shoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ZN day of a f�o
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, rida,who is
personally known to me or ✓who has produced a Florida Driver's License as identification.
MY COMMISSION#OD 686595 ;4$.1714,,,�, 1 KRISTINE HOLTOt;
^Do NOTARY PUBLIC =.: ._ MY COMMISSION#DD
P u ti
_ry _- Mers My commission expires: Bonded June t8,?.
P,f,h• Notary Pubic U,,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Toys R
US-Delaware,One Geoffrey Way, Wayne,New Jer'y 07470 and TRU 2005 REI,LLC,Corporation Service Co.,
1201 Hays Street,Tallahassee, FL 32301 this Z14 day of CLILAZD ,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
3774303 OR: 3971 PG: 4152
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
01/26/2006 at 01:1211 DWIGHT B. BROCK, CLERK
REC FEE 78.00
THIS DEED TRANSFERS UNENCUMBERED PROPERTY DOC-.70 .70
FROM THE GRANTOR TO A GRANTEE WHICH IS A WHOLLY Retn:EIPRESS/UPS
OWNED AFFILIATE OF GRANTOR,AND NO CONSIDERATION COLE SCHOTI BT AL
IS BEING EXCHANGED FOR THE TRANSFER OF THE P 0 BOI 800
PROPERTY
HACKENSACK NJ 07602 0800
Prepared under the supervisi n ' ocal counsel by an• i e' recorded, return to:
Ivette P. Alvarado, Esq. @ C e, • •, -'sel Fo i.. & ►-on. d P.A.
25 Main Street,P.O. Box 80t,H.ckensa N •7Py 60 --t800, ( 11) 89-3000
Site/Store#:Nap les, Collier County, FL .
Real property tax bills to b to:
Grantee �)
Instrument: ?'j C11&`"'
Warranty Deed
Dated:
Dated as of the earliest notarization,but effective as of November 30 ,2005.
Grantor:
TOYS"R"US - DELAWARE, INC.,a Delaware corporation, having an address at do Toys"R"
Us, One Geoffrey Way, Wayne,NJ 07470, (973)617-3500.
Grantee:
TRU 2005 RE I, LLC, a Delaware limited liability company, do Toys "R" Us, One Geoffrey
Way, Wayne,NJ 07470, (973) 617-3500.
KBE 10757564.2
Nature of Instrument:
This Instrument is a conveyance(a)in which Grantee is a wholly-owned affiliate of Grantor,(b)
with no change in beneficial interest,and(c)without monetary consideration of any kind
whatsoever other than the nominal consideration recited hereinafter.
Witnesseth:
That Grantor, in consideration of the sum of One and 00/100 ($1.00) Dollar, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, convey, transfer, assign and
warrant unto Grantee, its successors and assigns, all of its estate, right, title and interest in and to
that certain plot, piece or parcel of land(together with the buildings and improvements thereon
erected)described on Exhibit A hereto (the"Premises").
Together with: R C
All right, title and interest (if . : ✓'cantor ;.. . y streets and roads abutting the
Premises to the center line the at.. well as any gaps, gores on, around or within the
Premises.
Together with:
All right,title and interest(' . f f. . • in . •• • . T i . cents and appurtenances,and
all of the estate and rights o ��+� _ _
To have and to hold: o
The Premises herein conveye. e Grantee, its succ . . d assigns forever.
Warranty as to the Premises Con• . ei'. �,i,• .
(a) r4•'�•�
Grantor covenants with Grantee that a
( : • - Ily seized of the fee simple title, (b) the
fee simple title is free from all encumbrances, except those listed on Exhibit B attached hereto, �
(c) Grantor has a good right and lawful authority to sell and convey the fee simple title, (d)
Grantor fully warrants the fee simple title against the lawful claims of all persons claiming by,
through or under Grantor, but against none other, and(e) Grantor will defend the fee simple title w
from all lawful claims of immediate Grantee only. The foregoing warranty is for the sole benefit
of immediate Grantee only and shall not extend to any successor grantee.
[remainder of page intentionally left blank]
In witness whereof, the undersigned, by its duly elected officer(s) and pursuant to proper
authority of its board of directors has duly executed,acknowledged and delivered this instrument
as of the day and year first above written.
GRANTOR:
TOYS "R"US-DELAWARE, INC., a Delaware
Witness#1: corporation
By: (2----e----- f ft/"---
Name: ye( 1...0 By. ame: D1 u ►d P. Pico l-
e President
Witness#2:
By: _ i r.�
Name: A A i.z.,.y+ -
AKI— 'hi'�ivt,� 0 ?
\ ,....,........ .
MI
O 1� w 67
TAE CIR � [CORPORATE SEAL] 'Y•. `°
__,
?'CS,- % ?e•..• 1" Gam')
//.
OR: 3971 PG: 4155
STATE OF NEW JERSEY )
n ): ss
COUNTY OF I�4S
On this - 914\- day of November, 2005, before me, the undersigned officer,
personally appeared, ( yid P. A C e — , who acknowledged
herself/himself to be r ( e Pf e5'/d e!9 prof TOYS "R" US —
DELAWARE, INC., who is either personally known to me or produced proper identification,
and that s/he as such officer, being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of the corporation by herself/himself in such
capacity.
IN WITNESS WHEREOF, I he = vse d and official seal.
Signature: ._r.. , _,� l� ffix Notarial Seal)
RYM ETA • `•- }..,3
A Notary]Publi
Print Name: My Comm sion it 0 0
'mow/ •r�•,ri; 4,• Y'", v�
11E CIRC1
OR: 3971 PG: 4156
Exhibit A
Premises
- see annexed-
O� CQtix �
EC 0
'tit)C
fE CIRG
011: 3971 PG: 4157
Store No. 8749 Naples, FL
Legal Description
A part of the Southeast 1/4 of Section 11,Township 49 South,Range 25 East,Collier County,Florida,being more
particularly described as follows:
Commencing at the Southeast corner of said Section 11; thence along the South line of said Section 11,South 89
degrees 35 minutes 20 seconds West, 1323.65 feet to the Southwest corner of the Southeast 1/4 of the Southeast 1/4
of said Section 11;thence North 00 degrees 22 minutes 11 seconds East,67.51 feet to the North right of way line of
County Road C-896(Pine Ridge Road)as described in O.R.Book 893,page 169,Collier County Public Records,
Collier County,Florida;thence along said North right of way line North 89 degrees 35 minutes 20 seconds East
974.44 feet;thence leaving said North right of way line North 01 degrees 08 minutes 50 seconds East 171.80 feet to
the Point of Beginning of the parcel herein described;thence North 88 degrees 51 minutes 10 seconds West,40.00
feet;thence North 01 degrees 07 minutes 06 seconds East 36.00 feet;thence North 88 degrees 51 minutes 29
seconds West 42.41 feet;thence North 01 degrees 06 minutes 13 seconds East,364.00 feet;thence South 88 degrees
51 minutes 10 seconds East 292.59 feet;thence South 01 degrees 06 minutes 52 seconds West, 19.17 feet;thence
South 88 degrees 57 minutes 23 seconds East 40.09 feet to a point on the West right of way of Airport-Pulling Road
(SR 31);thence along said right of way line South 01 degrees 08 minutes 50 seconds West 380.88 feet;thence
leaving said right of way line North 88 degrees .• qtej.i- ds West 250.00 feet to the Point of Beginning of
the parcel herein described. • �1. .x�'
Bearings are based on the South line '. '. ection 11 being South :' r e r s 35 minutes 20 seconds West.
Together With easement rights as s: fo • - al Easement and ►,. ra'tion Agreement recorded in Official
Records Book 2187,Page 1056,a'antezide. • truments r- • ed in 0 s icia Records Book 2369,Page 2363 and
Official Records Book 2396,Pag 329:, • pu.=- rec. • . a. . nty,Florida.
Also Together With easement ri• is a. fo in 1. a_t• . se..i eco •ed in Official Records Book
1080,Page 542,of the public rec.rds ti 011ie C un y, 13 IF:.
,a
ftE CI?C.
OR: 3971 PG: 4158
Exhibit B
Permitted Encumbrances
- see annexed-
L-‘4-
CRC
1
_.._ 011: 3971 PG: 4159
I � r
874• Naples, FL
•
Exceptions
1. Defects,Gees,encumbrances,adverse claims or other matters,if any,- - . • appearing in the public records or
attaching sabsequr t to the effective date hereof but prior to the•< •.proposed iostsed acquires for value of record the
estate or interest or mortgage thereon covered by this •.•• ,• •
2. Taxes and assessments for the year 2005 and . _•. yeas,not yet due and payable.
3. Easeme rs or claims of easements not •, • the Public Records,boundary fine dsp tes,overlaps,encroachments,and
any man=not of record which • - . ,-_, by an accurate survey and inspection of the premises. (NOTE: To be
deleted upon receipt of new - -.
4. Rights epaulet is., other than the record owner,as set fooath on Tenant List attached hereto. (NOTE:Tenant List
to be provided.j -
5. Any lien.or. to a lies,for services,labor,or materials heretofore or hereafter furnished,imposed by law and not shown
by the -• Records.
6. lie.provided by Chapter 159,Florida•• ,..— it volt f •A,4kkoliitIllafte or port authority for unpaid service
7. Tams,coalitions and provisions of•- 4 - - and Operation -. .-. in Official Records Book 2187,
Page 1056,as amended by i .. .- •. '. •i. Records Book 23- 69, A 63 and Official Records Book 2396,
Page 3298-
E. Terms,coodtiorus,pru �and at •- as of Easeauart recorded a
Official Records Book 1080,Page-
9. Ageeaner*by and between Pine - r '. _ f Collier County recorded in
Official Records Book 1150,Page t
10. Pine Ridge Industrial Park Area • , Assessment District :4:4 lotion recorded in Official Records
Book 1153,Page 431. "?T
•
11. Easement for stone water drainage ,ii,drainage retention area, _.,- . •;O - rights as more particularly set out
and created by that certain Grant of : -. in Official Records :.• Page 999 and re-recorded in Official
Records Book 1205,page 2179.
12. Easement*construct operate and maintain . � ► ,. . ..together with other rights as are more
particularly set out and created in United Telephone ►^ .. Basement recorded in Official Records Book 1223,
Page 40.
13. &ch in casement for construction and maintenance of sidewalk as set out and created by that certain Easement recorded is
Official Records Boric 1176,Page 1966.
14. Covenant of Restrictions recorded in Official Records Book 1 1711,Page 981.
IS. Easement for ingress-egress rights and maintenance obligations as crated by that certain Easement Agreemert recorded is
Official Records Book 1178,Page 990.
16. Easement to ammo,replace,renew and tnontaia elder Coe main or facility together with necessary valves and
appurtenances and to remove,replace,repair and enlarge mid Goa together with other rights as created by that certain
Ridgeport Plaza Water Pipeline Easement rewarded in Official Records Book 1236,Page 652.
17. Covenants and Restrictions as recorded in Official Records Book 124E,Page 1414,as affected by Termination of
Restrictions recorded in Official Records Book 2747,page 1555.
la. Easement for construction,installation and maintenance for sewer fealties as recorded in Officio/Recoils Book 1260,Page
722
19. Lease for fewer fealties as recorded in Official Records Book 1260,Page 721
lg
-.•
8141-FL.
20. Easement for ingress,egress,leg and utility purposes and storm water drainage,maintenance obligations and covenants
and restrictions and other provisions as act forth in Decimation of Easements,Covenants and Restrictions recorded in Official
Records Book 1314,Page E62.
21. Easement for ingress,egress,porkies,collides and storm water drabrage,maintenance obligations and covenants,restrictions,
terms,and other provisions as set forth is Declaration of Easements,Covenants and Restrictions recorded in Official Records
Book 1374,Page 196.
23. Resolution No.95-630,approving and certifying the Solid waste Collection and Disposal Special Assessment Roil recorded
in Official Records Book 2120,Page 1973.
24. Utility Easement Agreement recorded in Official Records Book 156E,Page 1530_
25_ Reaolutioe No.91-300 as recorded in Official Records Book 1607,Page 363.
26. Resolution No 93-289 as recorded in Official Records Boor 18S!,Page 1533.
27. Restrictive Covenants as recorded in Official Records Book 2193,Page 699,as affected by Termination of Restrictive
Covenants recorded in Official Records Boor 2747,page 1555_
28. Easement in favor of Florida Power&Light Company recanted in Official Records Book 2224,Page 1212.
29. Utility Easement as monied in Official Records Book 2236,Page 1965,as affected by Bill of Sale recorded in Official
Recalls Boor 2236,page 1961 and Utility Facilities W - •-- recorded in Official Records Book 2236,page 1969.
{ ;\)VR COL
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2006100314
vs.
JEFFREY A. MACASEVICH,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Jeffrey A. Macasevich is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified, failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 4469 Lakewood Blvd.,Naples,Florida 34112,Folio 53751280003,more
particularly described as Lot 17, Block H,LAKEWOOD UNIT NO, 1,according to the plat recorded in Plat Book
12, Page 8,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)(e)and 10.02.06(B)(1)(e)(i),the
Collier County Code of Laws and Ordinances,Section 22,Article II, 104.1.3.5 and 106.1.2 and the Florida
Building Code,2004 Edition, Section 105.1 in the following particulars:
Improvement of property without first obtaining all required Collier County Building Permits/rear of
home completely enclosed with sliding doors and windows.
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)(l)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)the Collier County Code of Laws and Ordinances,
Section 22,Article 11, 104.1.3.5 and 106.1.2 and the Florida Building Code,2004 Edition, Section 105.1 be
corrected in the following manner:
•
1. By applying for and obtaining all required building permits, inspections and certificate of occupancy
required for the improvement of the property within 120 days(July 26,2008).
2. In the alternative,by obtaining demolition permit,all required inspections,and a certificate of
completion and demolishing said improvements and removing the debris to a designated waste disposal facility and
returning the structure to its original state within 60 days(May 26,2008)
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2008,
then there will be a fine of$200 per 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 May 26,2008,then there will be a fine of$200 per day for each day the violation remains.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement 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$264.18 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this Z"day of ,2008 at Collier County,
Florida. TT
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORID
BY: Am i . If'
era d LeFe•vr- ' hair
2800 North Ho eshoe Dri e
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
` 113°Q
The foregoing instrument was acknowledged before me this Z day of ,
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Fl rids,who is
personally known to me or ✓who has produced a Florida Driver's License as identification.
VA:todcA/IN.$)
4,02t KRISTINEHOLTON NOTARY PUBLIC
, MY COMMISSION A DD 686595 My commission expires:
R Bonded miENow/P Underwriters
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jeffrey
A. Macasevich,4469 Lakewood Blvd.,Naples, Florida 34112 this 7,6“p day of p_m_Q ,2008.
/J
M.Jean son,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
(239)263-8206
Stata rn FUJRiOA
:ounty of COWER
I HEREBY CERT17 i THAT this Is a tme I O
-orrect copy of a aocume_ntAir:"Rje1I
Board Minutes and Recpra5 of Coiner 0ount)
�ap sear this
day of .}�'1 ni 61`
DWIGHT B. BROCK, CLERK OF COURTS
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO. 2006080127
vs.
MARY EDWARDS,
Respondent
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Mary Edwards is the owner of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent,having been duly notified,failed to appear at the public hearing.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the real property located at 47 Moon Bay Street,Naples,Florida 34114,Folio 68341680008,more
particularly described as Lot 45 and Lot 47, Port-Au-Prince,according to the plat recorded in Plat Book 13, Page
51, 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), t 0.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the
Florida Building Code,2004 Edition,Section 105.1 in the following particulars:
Enclosed living space attached to existing mobile home without first obtaining all required Collier County
Building Permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections
10.02.06(B)(l)(a), 10.02.06(B)(1)(e)and l 0.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section
105.1 be corrected in the following manner:
1. By obtaining all required building permits for the enclosure, including all inspections and certificate
of completion within 120 days (July 26,2008).
2. In the alternative,by obtaining demolition permit,all required inspections,and a certificate of
completion and restoring the property to its original permitted condition within 120 days(July 26,2008).
3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2008,
then there will be a fine of$200 per day for each day the violation remains.
4. That if, in the alternative,the Respondent does not comply with paragraph 1 of the Order of the Board
by July 26,2008,then there will be a fine of$200 per day for each day the violation remains.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement 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$303.13 within 30 days.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this Z ' day of t" ,2008 at Collier County,
Florida. t"
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FL•RIDA
BY: *I
Gerald LeFebvr- Ch. ,
2800 North H. seshoe Dr re
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day of
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is
personally known to me or L/who has produced a Florida Driver's License as identification.
"' 4 RISI'INE H V1�
MYCOKMMISSIONMDD686595 NOTARY PUBLIC
:1 EXPIRES:June 18,2011 My commission expires:
1 -'A k'4"r Bonded Thru Notary Pubic Urdetwriter
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of t i) ORDE has bc,.9 sent by U. S. Mail to Mary
Edwards,47 Moon Bay Street,Naples, Florida 34114 this Z day of ,2008.
Stale et FLORIDA
s
:ounty of COLLIER
M.Je, 'awson, Esq.
I HEREBY CERTIrr THAT this Issutra Flori.a Bar No. 750311
:orrect copy o$ a aocument on file fry Attorney for the Code Enforcement Board
Hoard Minutas and Recoros of Collier Count) 400 Fifth Avenue S.,Ste. 300
SS q'r y 1 ' ' . a ' • ' seal this Naples,Florida 34102
day.9f a tP 1111 • Y (239)263-8206
DWIGHT E. BRO4K,.CLERK OF COURT&
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. 2007-115
vs.
STANLEY FOGG,JR.AND THERESA M. FOGG,
Respondents
FINDINGS OF FACT,CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on March 27,2008,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
1. That Stanley Fogg,Jr. and Theresa M. Fogg are the owners of the subject property.
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents,having been duly notified,appeared at the public hearing, in person and by counsel,Colleen
McAllister, Esq.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 10270 Immokalee Road,Naples,Florida 34120,Folio 00190600006,more
particularly described as The East one-half(E 1/2)of the Northwest one-quarter(NW 1/4)of the Northeast one-
quarter(NE ''A)of Section 25,Township 48 South,Range 26 East,except the North 100 feet,Collier County,
Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section
2.02.03 in the following particulars:
Sheds being sold on 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.04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section
2.02.03 be corrected in the following manner:
1. By removing all sheds for sale within 14 days(April 10,2008)
2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 10,2008,
then there will be a fine of$250 per day for each day the violation remains.
3. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$331.48 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 Z*`Oday ofQ.. AJ. ,2008 at Collier County,
Florida. 11''
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FL• ' DA
Gerald LeFebvr-•:Chair
2800 North H. seshoe Dri
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this Z�day of -4:
2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, 1F orida,who is
personally known to me or • who has produced a Florida Driver's License as identification.
' fl KlVn
,., 'A4: MY COMMISSION M DD 686595 NOTARY PUBLIC
a., '. EXPIRES:June 18,2011 My commission expires:
f,,,p Bonded Thru Notary Pubic Underwriters
f qty
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 2r'`?Play of T `,2008.
/Z') j? �
M. Jean son,Esq.
Florida ar No. 750311
Attorney for the Code Enforcement./'
/V*Ate FLORVaik
�: �r ' , 3 h Avenue S.,Ste. 300
.;oUnty of COWER , 306 34102
(2 9)23--82206
HEREBY CERTI r r THAT this Is a bun an.
'orrect copy of a aocument on,file In
3oard Minutes and RecoraS of Collier county
�` ''
SS my h • as . o►'ci• , eat this
day of /'Pi x'11 .
)WIGHT E. BROCA, CLERK Qi= COURTE