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Backup 03/27/2008 Code Enforcement Board Backup March 27 , 2008 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 THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—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 - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2006090001 Plaintiff, vs. JAMES BACHMANN, Respondent NOTICE OF HEARING ON PLAINTIFF'S MOTION FILED FOR RE-HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: March 27 D 27, 2008 TIME: 9:00 a.m. PLACE: Chambers of the Board of County Commissioners 3301 East Tamiami Trail Building F, Third Floor Naples, Florida 34112 LOCATION OF VIOLATION: 1180 Dove Tree Street SERVED: James Bachmann, Respondent Inv. Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner ) ) ) ) vs. ) Case No. 2006090001 ) BACHMANN, ) ) Respondent ) MOTION FOR REHEARING Petitioner, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, by and through the undersigned attorney, respectfully files this Motion for Rehearing, stating as follows: PRELIMINARY INFORMATION 1. On Thursday, January 24, 2008, a hearing was held before the Code Enforcement Board("CEB"), wherein Respondent was charged with violating Sections 1.04.01 and 2.02.03 of the Land Development Code("LDC"). 2. As a result of the January 24 hearing, the CEB issued its FINDINGS OF FACT, CONSLUSIONS OF LAW AND ORDER OF THE BOARD ("Order"),wherein the CEB determined that the violations"do not exist." 3. The Order was signed on January 30, 2008, and recorded in the Official Records of Collier County at O.R. Book 4325, Page 3003. A copy of the Order is attached hereto as Exhibit"A". 4. Section 1.04.01 of the LDC provides, in relevant part, that: No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure,land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected . . . except in conformity with the regulations set forth . . . for the zoning district in which it is located. 5. Section 2.03.03 of the LDC provides that: Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 6. It is not in dispute that the property in question is located in Agriculture zoning district. 7. It is not in dispute that above-ground swimming pools are not listed in the LDC as a permitted use, conditional use, or accessory use in Agriculture zoned land. 8. Notwithstanding the fact that above-ground swimming pools are not listed as permitted uses, conditional uses, or accessory uses in Agriculture zoned land, Respondents primary defenses were twofold: i. Notice of Violation does not state sections: According to Respondents, "There is no clear section cited on"the notice of violation. (See Minutes of the Code Enforcement Board, January 24, 2008 ("Minutes"),p. 122, mid-page, attached.) Also, "You have got to violate some sort of. . . ordinance . . . or rule." (See Minutes,p. 128,bottom two lines.) ii. Right to Farm Act: According to Respondent, he is exempt from County zoning ordinances due to the Right to Farm Act,1 so the LDC does not apply to him(see Minutes, p. 132, lines 3-15, attached) I. THE DECISION OF THE CEB WAS CONTRARY TO THE EVIDENCE SECTION 1.04.01, LDC 1. Section 1.04.01 of the LDC provides that"no development shall be undertaken" except as authorized by the LDC, and that"no building, structure or part thereof shall be erected...except in conformity with the regulations set forth herein and for the zoning district in which it is located."(Emphasis added.) 2. The evidence in the record clearly reflects that Respondents admitted that they are required to obtain a permit for the above-ground pool (see Minutes,p. 129, lines 27-28),but have not gotten one (see Minutes 127, line 25). 3. The evidence clearly showed that Respondents built an above ground swimming pool on their Agriculture zoned land. See Florida Right to Farm Act, 823.14(6),Florida Statutes(2007). 4. There is no evidence in the record to even suggest that this (i.e., erecting a pool in Agriculture zoned land) is a permitted use, a conditional use, or an accessory use in the regulations set forth in the Agriculture zoning district. 5. The evidence irrefutably establishes that Respondent built an above-ground swimming pool, and there is absolutely no evidence in the record to suggest that such use is authorized by the applicable zoning regulations. 6. Because the record contains ample evidence to support a violation of Section 1.04.01 of the LDC, and there is absolutely no evidence to refute it(such as a reference to the LDC authorizing above-ground swimming pools as a permitted use, conditional use, or accessory use in this zoning district), the CEB's finding that violation of this Section does "not exist" is contrary to the evidence presented at the January 24th hearing. SECTION 2.02.03, LDC 7. As noted above, above-ground pools are not"specifically identified"in the LDC Agriculture zoning district as a permitted use, conditional use, or accessory use. 8. Respondent had the burden of refuting this fact, by pointing to provisions in the LDC "specifically identifying"above-ground pools as a permitted use, conditional use, or accessory use in this zoning district. 9. No evidence was presented to refute this fact, and Respondent failed to meet his burden of"specifically identifying" where, in the LDC, this is allowed. 10. Rather than presenting evidence"specifically identifying" above-ground swimming pools as an allowable use in Agriculture zoned land, Respondent attempted to shift the burden to the county to "show the board where specifically this use is not allowed in the LDC". (Emphasis added.) 11. Because the record contains ample evidence to support a violation of Section 2.02.03 of the LDC, and there is absolutely no evidence to refute it(such as a reference to the LDC "specifically identifying" above-ground swimming pools as a permitted use, conditional use, or accessory use in this zoning district), the CEB's finding that violation of this Section does "not exist" is contrary to the evidence presented at the January 24th hearing. II. THE DECISION OF THE CEB INVOLVED AN ERROR ON A RULING OF LAW,WHICH ERROR WAS FUNDAMENTAL TO THE CEB'S DECISION 1. As noted above, the decision of the CEB that violations "do not exist"is clearly inconsistent with the evidence presented at the January 24th hearing. 2. In addition, the record clearly reflects that the CEB heard statements, argument, and considered evidence alleging that the state's Right to Farm Act"overrides the LDC"(see Minutes,p. 132, lines 4-5). 3. The CEB's jurisdiction does not extend to interpretations of state statute(see, e.g., Article IX, Code Enforcement Board Rules of Procedure,"which provides that "The Board is without jurisdiction to hear any statement, argument, or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with . . . Florida Statutes . . . or court decisions."). 4. Because the CEB does not have jurisdiction to hear and interpret Right to Farm Act arguments, it was error for the CEB to hear and interpret these arguments (see, e.g.,Minutes, p. 124, mid-page (arguing an interpretation of Miami-Dade County court decision); see also p. 132, lines 3-16 (arguing"Right to Farm Act overrides the LDC")). 5. This error was fundamental to the CEB's decision that violations"do not exist". WHEREFORE, because the CEB's decision was contrary to the evidence presented at the January 24 hearing, and because the decision involved an error on a ruling of law that was fundamental to the CEB's decision, Petitioner respectfully requests that the CEB reverse its January 30 Order, or schedule a rehearing of this matter, limited as appropriate in light of the arguments presented above. Respectfully submitted this 12th day of February, 2008, By: AIM Jef' 'ght Ass .tant County Attorney Office of the Collier County Attorney 2800 N. Horseshoe Drive Naples, Florida 34104 239-213-2939 Bar no: 20203 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the foregoing was sent via U.S. Mail, to: Peter Flood, Esq. c/o Respondent James Bachman 125 Airport Rd S. Naples, Florida 34104-3529 this 12th day of February, 2008. • i Je right BEIDISA EEFORCEMBM RECORDE4123369 b IC OR: 4325 PG: 3003 2800E HORSESHOE DR CDBS BLDG 01/31/2008 at 11:04AM DWIGHT B. BROCK, CLERK , FL RBC !EE 18.50 MAPLES !L 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006090001 vs. JAMES BACHMANN, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND O' '_ OF THE BOARD THIS CAUSE came on for public hearing •- ••e `. . . p g �h == _ • 2008,and the Board,having heard testimony under oath,received evidence .•1 d respective to al .•. {j<te matters,thereupon issues its Findings of Fact,Conclusions of Law n• 2 der of the Board,as folio N OFF• 6T 1. That James Bachmann is he o o • rr 2. That the Code Enforceme CA • ••:."ju -• ••• pe •• t >-.pondent and that the Respondent,having been duly noti' speared at the public h-' 'ng i per-• • d by Attorney Peter Flood. 3. That the Respondent was no •'11_,‘• the date of hearing b • •i =• .11 and by personal service. 4. That the real property located at l 142• -e Str-- '.• • 34104, FOLIO 00304040009,more particularly described as The West'/:of the • %jh '• 11._ s e North 1/2 of the Northwest%less the West 35 feet thereof,dedicated for road purposes, y _ . • : in Section 14,township 49,South,Range 27 East,Collier County,Florida is not in violation of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 1.04.01 and 2.02.03 in the following particulars: Unauthorized/prohibited above ground pool in Agricultural zoned property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 1.04.01 and 2.02.03 do not exist in this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. • EXHIBIT OR: 4325 PG: 3004 *" DONE AND ORDERED this 30 day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „l; Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ` , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/who has produced a Florida Driver's License as identification. � : k IswB'1i�ENOLTON . _ ►..a ,�.�..� tc•. _ r MY COMMISSION f DD 686595 " ,"!�:13t:� ETRE&Jme18,2011 Vi1` , ommission expire _ : eaa�enw yp,eeub.,,,k,,. I M__ •F S :VICE I HEREBY CERTIFY the a .R ., , r •.:. s b n sent by U.S.Mail to James Bachmann, 1180 Dove Tree Stree, Na,i � .t1l. ' .td Esq, 125 N.Airport Rd.,Ste.202, Naples,Fl 34104 this3Cday of 3 t t:. .. � • rry M.Je/Ra ` •1 .• �� Flori.: Bar No i ttorne • 4.,• Enforcement Board j '-ia A .,Ste.300 �.nda 34102 (239)263-8206 Aare a FLORIDA Dainty of COWER I HEREBY CERTIFY YIhAT this Is a true and correct ccpy.,i t a aocumt nLan.file In Board ',M'n ies•afid'1':,_otes at Collier Counts WI:44SG Ir;y �� � w� `rici�f seal this dal;of, tdd i OW1 •T E:IROCK;13LER OF COURTS 0 January 24, 2008 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida January 24, 2008 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Sheri Barnett Larry Dean (Excused) Kenneth Kelly Richard Kraenbring Lionel L'Esperance (Excused) George Ponte Charles Martin Jerry Morgan ALSO PRESENT: Jean Rawson, Attorney for the board Michelle Arnold, Code Enforcement Director EXHIBIT Bendisa Marku, Operations Coordinator Page 1 January 24, 2008 MR. KRAENBRING: I will make a motion that -- first off, we have amended the recommendation to show that it is the board and not the special master. That you include the operational costs of$320.05 to be paid within 30 days. And that we amend item one to reduce the fine to $100 per day. MR. LEFEBVRE: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Okay. Thank you. MR. PAUL: Thank you. MR. KELLY: Can I make a motion to change the order of the agenda? If we have anyone that is being represented by an attorney, to help them avoid attorney's fees, if we can move them up. Is that okay? CHAIRWOMAN BARNETT: I don't have a problem with that. I don't know. Do we have someone in the audience that has that case? MR. FLOOD: Right here. UNKNOWN PERSON: An engineer. CHAIRWOMAN BARNETT: And an engineer. Okay. The attorney's case is -- MR. FLOOD: James Bachmann. CHAIRWOMAN BARNETT: Bachmann, number 13. And the engineer's case? Page 114 January 24, 2008 MS. ARNOLD: It is imposition of fines. CHAIRWOMAN BARNETT: It is imposition of fines. That is going to have to wait then. I'm sorry. We have to hear these cases first. I will take you as the first imposition of fines. We'll do it that way. UNKNOWN PERSON: Thank you. CHAIRWOMAN BARNETT: The next case we'll hear is Board of Collier County Commissioners versus James Bachmann. MR. KELLY: Thank you, Sheri. CHAIRWOMAN BARNETT: Uh-huh. MS. MARKU: That is in reference to Department Case No. 2006090001. For the record, the respondent is present. The board and the respondent were sent a packet of evidence, and I would like to enter the packet of evidence as Exhibit A. MR. FLOOD: No objection. CHAIRWOMAN BARNETT: I entertain a motion to accept the County's -- MR. KELLY: Motion to accept the packet. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. MARKU: Violation of Ordinances 2004-41 of the Collier County Land Development Code, Section 1 .04.01 and 2.02.03. Page 115 January 24, 2008 Description of violation: Unauthorized prohibited above-ground pool in agricultural zoned property. Location/address where violation exists: 1180 Dove Tree Street, Naples, Florida, 34104. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street, Naples, Florida, 34104. Date violation first observed: August 31st, 2006. Date owner/person in charge given notice of violation: July 6th, 2006. Date on/by which violation to be corrected: July 20th, 2007. Date of reinspection: July 23rd, 2007. Results of reinspection: Above-ground pool not removed. At this time I would like to turn the case over to Code Enforcement Investigator Michelle Scavone. CHAIRWOMAN BARNETT: Can I have you swear in all parties? (Speakers were duly sworn.) MS. SCAVONE: For the record, Code Enforcement Investigator Michelle Scavone. This case is in reference to Case No. 2006090001. The violation of-- the location of where the violation exists is on agriculturally zoned property located at 1180 Dove Tree Street, Naples, Florida, 34117. This case was started on August 31st, 2006 for possible violations on ag. zoned property in conjunction with a mobile home temporary use permit. August 31st a site visit was made and an above-ground pool was observed on the agricultural zoned property and pictures were taken, which I would like to enter into evidence. MR. KELLY: Make a motion to accept the packet. MR. KRAENBRING: Second. Page 116 January 24, 2008 CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) CHAIRWOMAN BARNETT: Has the respondent seen these pictures? MR. BACHMANN: Yes. Two of the pictures were from the Collier County tax appraiser's website. This is just the location of where the pool is in conjunction with the temporary use permit of the mobile home, which is right behind the home. Just a closer picture. And the pool itself. November 1st a meeting was set up with the permitting department and Mr. Bachmann did apply for a pool permit January 30th. The permit number was 2007011761, which expired 7/21/07. And February 1st the permit was received and rejected by Angel Tarpley stating that per LDC-A, this is not an accessory structure that can be placed on ag. zoning with a temporary mobile home on it. I would like to enter into exhibit --just the copy of the paper which states the plan review showing the rejection. MR. KELLY: Is this part of the same package? CHAIRWOMAN BARNETT: No. MR. KELLY: Make a motion to accept this as B. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. Page 117 January 24, 2008 MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. SCAVONE: As you can see, it has her notes in there stating why it was rejected. At that time -- around that time there were continuous conversations with Mr. Bachmann explaining what was going on and what would possibly need to be done afterwards. I obtained a memo from Planning Manager Ross Gochenaur in reference to a temporary use permit in agriculturally zoned districts and accessory use. And that clearly states that pools are not permitted which, again, I would like to enter that into evidence, the letter that I had received from him. CHAIRWOMAN BARNETT: Do you have anything else besides that to go into evidence, and we'll enter them both at the same time? MS. SCAVONE: I have just a couple of e-mails and the last picture showing that the pool still remains. CHAIRWOMAN BARNETT: We are going to wrap up everything together, so we can just do one more, packet C. MR. KELLY: Make a motion to accept the packet. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. Page 118 January 24, 2008 MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MS. SCAVONE: Do you want a moment to read that or do you want me to -- CHAIRWOMAN BARNETT: Go ahead and outline it. MS. SCAVONE: Basically it is just explaining that they must provide evidence that a structure is directly related to a bona fide agricultural use on the property. The property is -- well, as of right now there is not a temporary use permit because that expired. Because of what is going on with this case, they would not renew his permit. But at the time the permit for the temporary use permit for the mobile home was okay. But anyway, he does have -- you know, he had a bona fide agricultural use permit for that land. And one of the -- it says that it's -- basically that section states that the use of a mobile home is approved temporarily, which means he has to keep renewing it every year, for which the home is an accessory use to that bona fide use for what he is using that land for, as a farm. A farm is defined as land, buildings, supports facilities, machineries and other improvements to the land for that use. So the farm operation is defined as marketing, you know, the product of whatever he is using it for. The home -- the mobile home, as a temporary use permit, is the accessory use to that reason of why he is allowed to have the temporary use permit, which he has to get. The letter is stating that the pool is not an accessory structure required to having -- the reason of having that bona fide use permit to begin with. It is not a -- a pool is not a structure that is used for farming. It doesn't support the farm. CHAIRWOMAN BARNETT: Unless he can prove that the cows are drinking water out of it. MS. SCAVONE: Correct. That is basically what he's saying. Page 119 January 24, 2008 CHAIRWOMAN BARNETT: Got it. MS. SCAVONE: Okay. A copy, again, was given to Mr. Bachmann, which he did not agree with and stated that he did not want to remove the pool. June 29th, 2007 Mr. Bachmann requested an appointment with my supervisor, Gary Dantini, and myself. The case was previously reviewed with Director Michelle Arnold, Investigator Supervisor Dave Scribner, Ross Gochenaur and Ashley Caserta, who are the two members of the zoning and planning department. It was concluded that there was a violation and a new notice of violation was to be issued addressing prohibited uses and land use for the above-ground pool. The County -- the County will not issue a permit for that zoning district and TUP reasons. And those were my e-mails that I was going to enter just stating, you know, how they concluded that reason. This was an e-mail from Ashley Caserta, senior planner. She was just basically expressing that Mr. Bachmann had come in again to apply for the temporary use permit and that reviewing the permit she could not issue it because there was this -- you know this. CHAIRWOMAN BARNETT: Extenuating circumstances. MS. SCAVONE: With the pool not being permitted on the property. That's all that basically says. This was just a question that I had: Are temporary use permits for a mobile home issued for full-time residents on agriculturally zoned property? Ross Gochenaur stated, yes, provided that the ag. use is maintained. And again he explained that initially, you know, it is first three years that you have to apply for it and after that it is once a year. And the other e-mail basically is that it was also explained to Mr. Bachmann by Ross Gochenaur that if he replaced the mobile home with an approved manufactured home that the situation could change. He may possibly be able to get the permit for that pool that he wants Page 120 January 24, 2008 to put up. And the last e-mail basically from Ashley was stating that a couple of times that I had personally spoken with Mr. Bachmann he had stated that, you know, he was going to try to speak with Commissioner Coletta and other people that, you know, could try to help him and explain to him how another way that he could go about doing this and what would be fair or whatnot. Ashley Caserta was another person that he had spoken to, but at this point she wasn't sure -- she didn't remember talking to them. She did talk to the homeowner, Mr. Bachmann, several weeks ago and told him that he needed to remove the pool before he did get his new TUP for the mobile home to be reviewed. Basically -- let's see here. In July Supervisor Dantini and myself met with Mr. Bachmann and we explained all this, all the e-mails, all the evidence and research that we had found to him. A new notice of violation was served to him and he signed it and a copy was given to him. Mr. Bachmann also requested and obtained on July 12th a copy of all the case notes, phone records involved with this case. July 24th, received a phone call from Mr. Bachmann, stated that he had hired a lawyer and was going to look into this matter, and also notified me to not harass him and not to call him, to stay off his property. And at that time I did as he requested and I have had no contact with Mr. Bachmann. So the last pictures were according to the Collier County tax appraiser's website that the violation of the pool still remained. Up there. And as of present date, it is believed that the violation remains, an unauthorized, prohibited above-ground pool erected on ag. zoned property with a bona fide agricultural use in violation of Collier County Land Development Code. CHAIRWOMAN BARNETT: Okay. Mr. Bachmann (sic)? MR. FLOOD: Yes. How do you want me to proceed? Do you Page 121 January 24, 2008 want me cross-examine her or -- CHAIRWOMAN BARNETT: You may proceed in whatever manner you would like to. MR. FLOOD: First of all, I would like to make a statement, that according to your own rules -- Peter Flood, I am the attorney. Article VII -- I would like to make an opening statement -- indicates that the initiation of an action before the board you are to have a code enforcement investigator filing an affidavit of violation which shall include the statement of facts and circumstances of the alleged violation and shall identify the code or ordinance which has been violated with the secretary of the board. If you refer back to the code violation statement that has been submitted here that we have been provided with, there is no clear section cited on that violation. If you go to the memorandum that they have received from Mr. Ross Gochenaur, who I have had conversations with, there is no section quoted in regards to any code violation. Now, the reason I'm bringing this to the board's attention, because there is no section that can be violated in regards to putting a swimming pool on this agricultural property. And if you look at the violation statement, they are quoting Ordinance 2004-41, Land Development Code, Section 1.04 and 1.01, 2.02, 2.03 that have no bearing. There is no relevance to what is going on here. The code enforcement officer is correct that the purpose of a TU permit for a mobile home is allowed in an agricultural zoning is to support a bona fide agricultural use. Your own land development people have indicated that a deck is allowed. There is other items that are allowed incidental to the use of the mobile home as a resident on this particular piece of property. Now, I'm going to represent to this board that I have researched this issue for the last month and I can find no clear section -- not one section. I may point out that they have submitted 5.04.00 in your Page 122 January 24, 2008 packet, temporary uses and structures, if you see this. And if you could review that, or maybe you have reviewed it, I wish you could identify to me that it states that this use is not allowed by your own ordinance. Now, a couple -- a couple things need to be pointed out. This memorandum that they are relying on from Mr. Gochenaur is merely an opinion. It is not referenced in regards that you have to do something or not have to do something. We rely on our codes. We rely on the rules. We rely on the regulations. You either do something -- it's either stated you can or cannot do it. She is correct. She's done a nice job. She is correct that this is a farm related property. He was originally contacted a year ag. about 10 violations or something -- alleged violations that were not violations. They were covered by the Farm Act. It also needs to be pointed out that in Collier County an above-ground pool, the only permit you need if it's not -- the only permit you need because it is not a permanent structure is a fence. And if that pool is 24 inches or less, you don't even need a permit whatsoever. So anybody in this room can walk in Home Depot, into anyplace and buy a 24-inch pool and put it on your property. I don't know if people are aware of that. That is the law. The only reason my client cannot get his TU permit renewed is because he tried to follow procedure in regards to obtaining a permit as a result of the fence for the pool and he was denied that. She is correct. And I have a letter to that effect that I would like to present to the board that was sent by Angel Tarpley. Again, she says per the LDC this is not an approved accessory structure for this ag. with a temporary mobile home. MS. ARNOLD: Let me have that. MR. FLOOD: Again, there is no cite. There is no section. CHAIRWOMAN BARNETT: Let me have that entered into Page 123 January 24, 2008 evidence for you. MR. KELLY: Any objection? Make a motion to accept. MR. KRAENBRING: Second. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. CHAIRWOMAN BARNETT: Aye. MR. LEFEBVRE: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? (No response.) MR. FLOOD: So where does this all go and where are we going from here? I mean, if there is no specific statute on this and this is merely an interpretation by the Land Development Code, we have to resort to the law books to see if some sort of issue along these lines has ever been raised in regards to an accessory use on a farm, ag. property. What is an accessory use? The only case law that I have found on this is where a fellow over in Miami-Dade County erected an airplane hangar on a farm-related property. And the code enforcement officer came around and filed a violation. There was a hearing held, which was subsequently appealed to the Circuit Court. And the Circuit Court indicated that it was a related farm activity, which he stored a plane in there and he said he flew around his crops and looked around his land, and they allowed that. Now, we're talking about a pool here that my client lives 18 miles out of town. He could basically go out there and -- according to what I've read, he could basically go out there and dig a pond, put a well in there, put a diving board, could come into the County and say, well, that's an accessory use. I'm using it for pumping water out for my Page 124 January 24, 2008 plants and so forth. He legitimately -- and I want to make this clear, and I think she understands this, he legitimately has complied with everything that he has been required to by the County to support his use on the property as it exists today. The only reason that he cannot get these permits is because of this pool issue. CHAIRWOMAN BARNETT: I want to stop because, according to this, the permit application will be canceled -- let's see -- of the Code Enforcement Board 2002-01, Section 104.5.1.1; is that in regards to why he can't get his temporary mobile home? MS. SCAVONE: I'm sorry. Can you please repeat that? CHAIRWOMAN BARNETT: In her letter, in regards to the permit for the case, it says, Collier County building review and permit department routinely reviews -- da-da-da-da-da-da. At the very bottom it says, when the applicant is advised of discrepancies and does not respond within six months with correct plans or an appeal to the Code Enforcement Board, the permit application will be canceled. Is that in regards to his temporary housing with the mobile home, Section 2002-01, Section 104.5.1.1? MS. ARNOLD: I believe it is. CHAIRWOMAN BARNETT: Because I don't have that in my packet, so I have no way to reference. I just wanted to clarify that. It was in a section that would pertain to a pool. MS. SCAVONE: It is for the -- CHAIRWOMAN BARNETT: I'm just crossing my Ts here. MR. FLOOD: He cannot get his TU renewal because of the code violation. MS. SCAVONE: Right. CHAIRWOMAN BARNETT: Okay. MR. FLOOD: So can I continue? I just -- CHAIRWOMAN BARNETT: You may. MR. FLOOD: I just have a few more minutes. I know it has Page 125 January 24, 2008 been a long day for you. CHAIRWOMAN BARNETT: Sure. I just wanted to clarify that. MR. FLOOD: So it's basically our position on this matter is that there really is no violation. You have to violate something. What is he violating? Now, I am going to ask the code enforcement officer, what section of the LDC has he violated? What specific section has he violated in regards to this pool? Now, I have asked this for three months and I can't get an answer. MS. SCAVONE: It would be Section 1.04.01, generally, that no development shall be undertaken without prior authorization pursuant to the LDC. Specifically, no building structure, land or water shall hereafter be developed or occupied, and no building structure or part thereof shall be erected, reconstructed, moved, located or structurally altered, except in conformity with regulations set forth herein and for the zoning district in which it is located. Basically he doesn't have a permit for the pool to begin with. He did try to get a permit for the pool, but it got kicked back. MR. FLOOD: Because? MS. SCAVONE: Because of-- with the bona fide agricultural use. Again it states that the mobile home is approved temporarily to be on the property and it has to -- because that is the accessory structure to the farm. The farm, again, is to support -- the structures on the farm are to be supportive of the farm. In regards to the pool, it does not support the farm. MR. KELLY: Are you allowed to have more than one accessory structure? MS. SCAVONE: Yes. As long as it is in support of the farm. MR. FLOOD: And that, ladies and gentlemen, is not true. Read the memo she sent you from Ross Gochenaur. I don't think a deck on Page 126 January 24, 2008 a mobile home is supporting a farm. I don't think a carport is supporting a farm. I don't think garages are -- could be supporting a farm. And a shed's not necessarily associated with a bona fide agricultural use. The problem here -- I'm going to be very respectful to everybody here and Michelle and everybody. This is a badly written ordinance or badly written section. It is open to total subjectivity in regards to interpretation. Now, I went through this memorandum and crossed-referenced it with our ordinance, the LDC ordinance. You can all do it, too. I can't find any of this in here. Where did they come up with that? MS. ARNOLD: I guess I'm -- I'm having to object a little bit because I guess what Mr. Flood is arguing is the interpretation of the zoning department, rather than -- what we're here about is does his client have a permit to have the pool? MR. FLOOD: Well, is there a violation? What I'm saying is there can be no violation unless you specifically state in your -- Michelle, in your complaint what he violated. MS. ARNOLD: And it is on there. I believe the Investigator just read what the violation was from the Land Development Code. 1.04.01 says you cannot alter or improve the property without authorizations from the County. And your client doesn't have a permit for the pool. That's what we're here for. MR. FLOOD: You're correct. He does not have a permit for the pool. We went in to get a permit for the pool, but because of this violation that they're claiming that he can't have, which we're arguing it is not a violation because there is no -- there is no rule that is based upon this, there is no law. There is nothing in the ordinance. MS. ARNOLD: That says you need to get a permit for a pool? MR. FLOOD: He doesn't need one. MS. ARNOLD: He doesn't need a permit for a pool? Page 127 January 24, 2008 MR. FLOOD: For a portable pool in Collier County. If I were to go to Recreational Warehouse to get a portable pool, the only thing I need, because it's a portable structure, is a fence. I do not need a permit for that pool. That's your ordinance. That's your ordinance in Lee County. That's a state ordinance. MS. ARNOLD: I'm afraid you're wrong. MR. FLOOD: No, I'm not wrong. You know, in your packet somebody provided me, a swimming pool as any structure located that is intended for swimming or recreational bathing containing water over two inches, even, included, but not limited, in the ground, above-ground and hot tub don't even require a fence. They don't even require a fence. MR. KRAENBRING: But that's not the issue here. The size of the pool requires a fence; is that correct? MR. FLOOD: My issue is there can be no -- MR. KRAENBRING: Wait a second. You keep referring to a two-inch pool. That's sort of not the issue here. MR. FLOOD: My point in this whole argument, the reason I'm here today, there is no violation, okay? They are claiming he violated the Land Development Code. MR. KRAENBRING: I understand what you're saying. MR. FLOOD: I'm telling you, if you read the Land Development Code, she is claiming that a pool is not allowed in the Land Development Code in this agricultural area because of the use. That's what she's claiming. We're not here telling you he didn't get a pool permit. He tried to address that issue to go get a pool permit. That's why I sent the letter in. Now, what has happened here is Code Enforcement has caused an issue now with my client in regards to submitting this violation, which is really not a violation. You have got to' violate some sort of rule, some sort of-- some sort of ordinance or some sort of rule. You Page 128 January 24, 2008 have to violate. Where is it? CHAIRWOMAN BARNETT: I am going to ask our attorney to weigh in on this. MS. RAWSON: And I am going to call on Jeff, the county attorney, as well. He has been charged with an unauthorized prohibited above-ground pool in agricultural zoned property. You have been given two cites of-- two LDC citations that have been violated. There is apparently -- he was not able to get a permit because the zoning department says it is not directly related to the bona fide agricultural use. That part is not in the statute, but that doesn't mean that it doesn't apply. I think Mr. Flood is arguing quite well an interpretation of the zoning official. I would like to hear from the county attorney as to his interpretation of this statute. MR. WRIGHT: Okay. Jeff Wright, for the record, Assistant County Attorney. When you say the statute, do you mean the provision of the LDC? MS. RAWSON: Correct. MR. WRIGHT: It's pretty simple, in my view. I think that reference to a no fence or just a fence requirement for 24 inches or less -- I don't think that that is at play here. I haven't heard any evidence as to the specific size of this pool. MR. FLOOD: I apologize. That is not at play. The pool is deeper than that. That's one of the reasons he has got to get a pool permit. He has got to go get the permit for the pool because of the fence and the depth of the pool. That's the reason. MR. WRIGHT: My understanding is in ag. zoning there is • permitted uses and there's conditional uses. And this is neither. And Page 129 January 24, 2008 that's why he was cited, plain and simple. That's what the reference is to those two sections in the LDC and the notice of violation. MR. FLOOD: Well, you're familiar with it. Show the board where specifically this use is not allowed in the LDC and -- hold on. Show me where Mr. Gochenaur came up with this memorandum that says where it allows these temporary uses. He's contradicting himself in the memorandum here and he's citing that in this LDC -- he's inferring that this is in the LDC. Where is it? You can't just pull stuff out of the air and say -- for example, you can't just take a law and just start adding things to it. It is either specific or nonspecific or -- you're a lawyer -- it's been interpreted in the case law. Now, this specific section has been interpreted in one case in the state in the last 10 years. And that's this airplane hangar case over in Dade County. I'm not trying to give anybody a hard time. If we were standing here and it was specifically in the ordinance and it says, look, I have got to have -- for example, when I build a barn in an ag., you have to have a building permit. And I don't get a building permit, we are in violation. I have got no problem with that. When it is open for discretionary subjectivity and your own land and zoning is saying that a deck is allowed, which he has a deck -- he has a deck, right? Permitted, allowed. But if you go to the ordinance or you go to the LDC, that's not specifically stated anywhere that he could have that. So my question is: Because the land development people interpret the statute, does that become the law? Is that the -- is that the ordinance? Does that become part of the -- part of the rules? I don't know. Maybe I'm confused. MR. WRIGHT: Well, I would respond to that -- Mr. Gochenaur's opinion is not part of our law, but it is instructive in providing the board with information as to what's going on in this Page 130 January 24, 2008 case. MR. FLOOD: That's my point. That's what the basis of this violation is on is based on Mr. Gochenaur's memo, which has no legal basis in regards to reference to the LDC. That's my point in this whole argument. MR. WRIGHT: Typically in a zoning district, as I just mentioned, there's lists of permitted and lists of conditional uses. And this doesn't fall under either of those. When that happens, it is not allowed, plain and simple, in a zoning district. As far as Mr. Gochenaur talking about certain things being accessory uses, and a pool not falling into that list, if you look at that list of accessory uses that he said are allowed in relation to a bona fide farm operation, a garage, for example, could house a tractor. A deck could be incidental to something to the farm, as well, given the facts of a situation. But a pool -- I haven't heard any facts that would suggest that the pool is connected to the farm operation. If it were, we might have a case here. So far I have heard nothing to suggest that this pool is related to the farm. And since it is not related to a bona fide agricultural use and it doesn't fall into a permitted or a conditional use, it is not allowed. That's why your client was cited. MR. FLOOD: The only reason he is being cited is because of the interpretation of Mr. Gochenaur in regards to a statute and a rule of law that does not exist. It doesn't -- you're double-talking. It does not exist. Now, if he had a permanent structure permitted on this property, which he can do under the Farm Act -- because he has a mobile home. If he had a modular home on this property, we wouldn't even be here today with this argument. He could have that structure because it is a related farm use. It is because he has a TU permit. That's the only difference. And Page 131 January 24, 2008 that's what the state law says. Do you want to see a copy of that? Let me show you. MR. WRIGHT: Right to Farm Act? MR. FLOOD: That's right. And the Right to Farm Act controls under this. The Right to Farm Act overrides the LDC in this area. MR. WRIGHT: If there is an inconsistency between the two. MR. FLOOD: That's correct. And that's what I'm arguing today. Maybe I'm not making myself-- MR. WRIGHT: If I may, let me just ask the question. Is this pool used in connection with the farm operation? MR. FLOOD: It's used in connection with his residence, which is an accessory use to the farm. MR. WRIGHT: Okay. Now, it's for human swimming; is that right? MR. FLOOD: That's correct. MR. WRIGHT: Okay. That's all the questions I have. I just -- it's not on the list of permitted uses. If I'm double-speaking, I'm -- MR. FLOOD: Where is the list -- you said there is a list for permitted uses. Show me in the statute where the list for permitted uses are. You keep referring to that. Show me. MR. WRIGHT: Well, I don't have the whole book in front of me. MR. FLOOD: Here is the book. MS. ARNOLD: That's not the book. MR. FLOOD: The LDC. Show me where it is. You guys are all talk. MS. ARNOLD: That's only an amendment. MR. FLOOD: Where is it? It is not in there. It does not exist. MS. ARNOLD: It does exist. MR. FLOOD: It does not exist. There is not a specific list in the Page 132 January 24, 2008 .-. LDC for permitted uses in the ag. It does not exist. CHAIRWOMAN BARNETT: Gentlemen, I am going to stop it. We are way over our five minutes. I'm going to go back to Jean. MS. RAWSON: He has been cited for having a pool without a permit. He clearly admits he doesn't have a permit. I don't know that you guys can interpret the law or interpret the zoning official's opinion. You have heard from the County Attorney that it is not permitted. He clearly doesn't have a permit. So you just have to decide, as always, was there a violation. If there was a violation, what are you going to do about it? CHAIRWOMAN BARNETT: If they disagree with us, they can take it further. MS. RAWSON: Of course. CHAIRWOMAN BARNETT: At this time I'm going to close the public hearing. MR. FLOOD: Well, I would like to conclude, if I could. CHAIRWOMAN BARNETT: You overextended your five minutes and that was probably my fault. MR. FLOOD: I just have one comment. CHAIRWOMAN BARNETT: If you have one comment, I will allow it. MR. FLOOD: In response to Jean. The statement of violation and request for hearing, if everybody could look at it. It says the description of the violation -- we keep going back to this pool permit. The description of the violation is an unauthorized, prohibited above-ground pool in agricultural zoned property. It is not failure to get a pool permit. MS. ARNOLD: How else would the pool be authorized? Through a permit; is that correct? Is that an authorization; a permit? MR. FLOOD: No. He wasn't cited for that. MS. ARNOLD: No. Is a permit an authorization? Page 133 January 24, 2008 MR. FLOOD: A permit -- MS. ARNOLD: Does a permit authorize you to do something on your property? MR. FLOOD: Yes. MS. ARNOLD: Okay. MR. FLOOD: But that's not what he's cited with. He's cited with having a pool in an agricultural zoned property. He is not cited for having -- not having a pool permit. CHAIRWOMAN BARNETT: I think he is cited for both. It is unauthorized, which is not permitted is what she is trying to say. And it is an ag. zoned property. So I think that is kind of combining both. Do you understand what I'm trying to say, Michelle? MS. ARNOLD: I agree with you. CHAIRWOMAN BARNETT: Okay. I understand your complaint and everything, but at this time I am going to close the public hearing and go to the board. Comments, questions amongst ourselves? MR. PONTE: I think Mr. Flood has made some very compelling arguments. I don't think there is a provable violation here. CHAIRWOMAN BARNETT: Mr. Kelly? MR. KELLY: There are two things that are leading me to agree with George. One, if the home is allowed, I think something that is temporary in support of that home should be allowed. Obviously the deck is there, which is used to get to the pool. I think the pool should be allowed. Number two, judging by the tan on the respondent, he works a lot outside. I am sure he enjoys cooling off in the pool and that can be construed as an accessory use for a bona fide farm operation. And bona fide is not in the code. That was a word added by county staff as an interpretation of the code. And I think that us on the board, being put into this position, have the right to interpret the code just as much as the county does. Page 134 January 24, 2008 MR. KRAENBRING: I would say that I would have liked to have seen a list of approved or unapproved, unauthorized uses. I think that would help to strengthen the case for the County. In absence of that, I am inclined to find that a violation does not exist. Maybe if the County wanted to resubmit this or strengthen its case with some additional information that would help guide the board, it might be different. CHAIRWOMAN BARNETT: Are you making that a motion? MR. KRAENBRING: I'm just listening to what the board has to say. CHAIRWOMAN BARNETT: Gerald, do you have a comment? MR. LEFEBVRE: No. CHAIRWOMAN BARNETT: Do you have a comment? MR. MORGAN: I don't have an opinion. CHAIRWOMAN BARNETT: Okay. Well, I'm torn. Because I can understand and agree with George that I believe your attorney has done you a good job today in bringing up a lot of questions. But I didn't think we were here to interpret an ag. zoning. I thought we were here to look at whether or not the pool was permitted. But the way they wrote it, they included both. So I'm kind of-- it's a split decision. I don't think you have a permit for a pool. I think you should have one. MR. BACHMANN: I tried. CHAIRWOMAN BARNETT: But the county is not going to give you one because they say you can't have one. So that's my opinion. MR. KELLY: Well, I make a motion that a violation does not exist. MR. PONTE: I second the motion. CHAIRWOMAN BARNETT: All those in favor? MR. MORGAN: Aye. MR. PONTE: Aye. Page 135 January 24, 2008 CHAIRWOMAN BARNETT: Aye. MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRWOMAN BARNETT: Any opposed? MR. LEFEBVRE: Aye. MR. KELLY: A point of clarification. If a violation does not exist, there should be no reason why he couldn't get a TU permit, correct? CHAIRWOMAN BARNETT: I think -- MS. ARNOLD: That's not one for me to decide. That is something that the zoning department -- CHAIRWOMAN BARNETT: Zoning is going to have to take care of that. That is out of our hands. I'm going to poll the group that's been so patient out here because we keep -- the cases keep getting longer and longer and longer. It is already 1 :00. We have four more. Who would like to move forward and get them over with? MR. PONTE: Move forward. MR. MORGAN: Yeah. CHAIRWOMAN BARNETT: Who would like to go to lunch and come back in 20 minutes and then go forward? MR. PONTE: Move forward. CHAIRWOMAN BARNETT: Seeing that I didn't see any show of hands for the lunch, everybody said move forward that showed hands, we'll move forward. I just wanted to ask. The next case is Board of Collier County Commissioners versus A.L. Petroleum, Inc. MS. MARKU: That is in reference to Department Case No. 2007040340. For the record, the respondent is present. The respondent and the board was sent a packet of evidence, and Page 136 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Petitioner, v. CEB NO.: 2006090001 JAMES BACHMAN, Respondent / REPLY TO BOARD OF COUNTY COMMISSIONER REHEARING NOW COMES the Respondent by and through the undersigned attorney and responds to Motion for Rehearing. 1) On January 29, 2008, a hearing was conducted when Respondent was charged by Code Enforcement for violating section 1.04.01 and 2.02.03. 2) An order was signed on January 30, 2008 bases upon a determination the violations do not exist. 3) Petitioner has filed a Motion for Rehearing, claiming the ruling was contrary to evidence. 4) Review of the file submitted by Petitioner clearly indicates that a) the original violation clearly failed to specify the exact section and statue of the violation, b) the evidence submitted by the petitioner other than permit is for erection of the pool. The record is clear respondent applied for a pool permit and was denied due to the pending code violations. 5) The burden of proof is upon the county to prove by competent substantial evidence that a violation has occurred. 6) The documents put into evidence by the county which forms the basis of their argument was a memo dated March 7, 2008 from Ross Gochenaur. It should be noted Mr. Gochenaur is not an attorney and his memo is based upon his opinion of the ordinances. 7) It must be pointed out that the general provisions in section 1.08.02 states accessory use or structure a use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure are allowed. 8) Respondent argued on two points a) that the above ground temporary structure was an incidental use customarily to the permitted use (i.e.) the mobile home as a residence in agricultural land. b) Respondant's second argument that since he is in a agricultural district the right to Farm Act overrides any county code regulation and therefore the right to farm is and was applicable in this situation. WHEREFORE Respondent respectfully requests that petitioners Petition for Rehearing be denied for the reasons as set forth above. PETER T. FLOOD, ESQ. 125 North Airport Road, Suite 202 Naples, Florida 34104 (239) 263-2177 FL Bar# 443077 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been hand delivered to all stated below this . i/7day of March 2008. Bendisa Marku Secretary Board of Commissioners 2800 North Horseshoe Drive Naples, Florida 34104 ,ei.„..... Peter T. Flood, Esquire 125 North Airport Road, Suite 202 Naples, Florida 34104 (239) 263-2177 FL Bar No.: 443077 Attorney for Respondent COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 - Board of County Commissioners, Collier County, Florida vs. James Bachmann 1180 Dove Tree Street Naples Florida 34117 Violation of Section(s) 04-41 section 1.04.04, 2.02.03 of the Collier County Land Development Code Michelle Scavone#29 Code Enforcement Official Department Case No. 2006090001 DESCRIPTION OF VIOLATION: Unauthorized/prohibited pool on Agricultural zoned property with a bona fide agricultural use. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Respondent must cease use of prohibited pool and remove unauthorized pool in this agricultural zoned area within 10 (ten) days of this hearing or pay a fine of $50.00 (fifty dollars) a day till abated. 2. The respondent must notify the Code Enforcement Investigator with in twenty four (24) hours of when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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. uO DONE AND ORDERED this Z day of Aril 1 ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI ' COUNTY, F •)RID/ BY•"� / Gerald LeFebv ,Chair 2800 North orseshoe Dr' e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) O , The foregoing instrument was acknowledged before me this 4, 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. � KRISTINE HOLTONMY COMMISSION N DD 666595 NOTARY PUBLIC EXPIRES:June 16,2011 My commission expires: �•� Bcnded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to 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"") day of , ,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 ,, r ;,?., county of COLLIE ; ;44 >.: I HEREBY CERTI THAT this is s Ws arl# ;orrect copy of a aocument on.file I0 . Board Minu.> s and Records of Co411,r. County �SS�'�' r#y h. a • c �jci8 e�tl this day`of :FAA ,1111 11 P.:. • WIGHT E. BROOK,CLERK OF COURTS D '"�".� . weft �. n. CODE ENFORCEMENT - COLLIER COUNTY , FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY , FLORIDA Plaintiff, vs. Case No.: CEB 2007-105 Dept. Case No.: 2006030500 BART and SANDI CHERNOFF Respondents MOTION FOR EXTENSION OF TIME TO ENFORCE THE ORDER OF THE BOARD DATED OCTOBER 31,2007 COMES NOW, Respondents, BART and SANDI CHERNOFF, by and through their undersigned counsel, and requests that the Code Enforcement Board grant an extension of time to Respondents in which to comply with the Board's Findings of Fact, Conclusions of Law and Order dated October 31, 2007, and in support thereof would state as follows: 1. The Board determined that a violation existed on the property located at 840 7th Street N.W., Naples, Florida 34120, and currently owned by Respondents. 2. Respondents admitted to the violations, but argued to the Board that the violations existed before they purchased the property. 3. Respondents told the Board that they had filed suit in Collier County Circuit Court to determine who was responsible for the violations, and that correction of the violations depended on that determination. 4. The Board granted Respondents six months to allow the litigation to proceed before enforcing penalties for non-compliance, but allowed that additional time could be granted at the discretion of the Board. 5. Respondents have obtained an admission from the party that build the non-complying structure, such that summary judgment would lie if necessary on the issue of liability, and the sole issue to be resolved between the parties is the issue of damages. 6. Respondents are presently obtaining the evidence necessary on the issue of damages in order to resolve the matter of damages without resort to additional litigation. 7. Respondents expect that even if the matter is not resolved by stipulation of the parties, it can be resolved with minimal litigation. 8. Respondents are not in a financial position to pursue the most cost-effective resolution of the non-compliance without the payment of damages to Respondents the party responsible for the non-complying structures. WHEREFORE, Respondents, BART and SANDI CHERNOFF, respectfully request that the Code Enforcement Board grant them additional time to resolve the issue of the amount of damages for the non-compliance before the imposition for fines for the non-permitted structures. Submitted to the Office of Code Enforcement this 4.4 day of February, 2008. By: / COL EN J. MacALISTER F •rida Bar No. 0804711 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5147 Castello Drive Naples, Florida 34103 Telephone: (239) 262-3760 Facsimile: (239) 790-5779 Attorney for Respondents 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. N°' DONE AND ORDERED this Z day of AIM; ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F OR D ` B /. erald LeFebvr- Chair p' 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ZIJPday of #4Q r■ 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. KRISTMIE HOLTON a:s= MY COMMISSION gDO686595 NOTARY PUBLIC ;; EXPIRES:June 18,20a„. to ,�pp �� saThNr+u„y My commission expires: 11NIt 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 2.4'30 day of 1P-ert ( ,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 Rate et ROMA :ounty of cowrie I HEREBY CERTI7i'THAT this Is a true>>ai.: :orrect copy of a aocument on.file in Board Minutes and Rccoras of Gooier County T Smyh oa ol`,i 1sealthIs day of � � WIGHT E. BROCK, CLERK OF COURT •� _.. 0 IMO II Pot/ ,lt t "1-104-e— 4//' In the Case No. 2006100482 Board of County Commissioner, Collier County Vs. Alfredo and Miradis Miralles Dear Ms. Marku, By meaning of the present letter I am requesting an extension of ninety days beginning February 22, 2008, in the Case No. 2006100482, in order to comply with the order of the Board in said case. The reason for this request is: 1. It is difficult for me to understand a lot of the legal terms and words in English. 2. Problems with my health, have been affecting my performance and my daily work. Health Problems: A. Open heart surgery and by pass proceeding in 2003. B. A big automobile accident in 2004, where I was in critical condition for several weeks. C. Prostate cancer surgery in 2007. My medical records are available to you upon request. If the Board gave me the time requested in this letter, I will hire a licensed contractor to do the improvements and corrections needed. Victor A. Valdes, our community activist will help me check that every thing will be done according to the requirements. Valdes is neither an attorney nor a contractor,but he will help me translate and keep communication with the contractor, during the corrections. Valdes is not charging me for his help. Ali edo iralles 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 2.14° day of i ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F ORID,/ / B / /�_ ./ ///1 �/` L. Ge ald LeFebv ,Chair 4/ 2800 North Horseshoe fve Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z,Waday of rrpri ' 2007,by Gerald LeFebvre,Chair of the Co ie Enforcement Board of Collier County, Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. IOtISTINE HOLTON L�, ,� A .�,� ,i'''',1 ,,. MY COMMISSION#DD 686595 T Ib1.J�.�u ti EXPIRES:June 18,2011 NOTARY PUBLIC °i ice- rners Af,�h;'• Bonded wN° Public 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.''A day of I -r-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 .c-i1 01 F OR AA '1_ F r` ;ounry of COLLIER I HEREBY CERTY i THAT this.onIf ie in > ; ;orrect copy of a document 3oard Minutes and Records of Cotner Count E5S my o . d o `I ',;,v seal this _ day of i! tag, DWIGHT E. BROGK,CLERK OF COURT "',ii`' COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Stanley Fogg Jr. and Theresa M. Fogg CEB No. 2007-115 DEPT No. 2007040776 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5-6 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board n Case: 2007040776 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. FOGG JR, STANLEY=&THERESA M, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time,and place for the violation below: DATE: 3/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PROHIBITED USES AND STRUCTURESzon-ILU-2.1.15. LOCATION OF VIOLATION: 10270 Immokalee RD Naples, FL SERVED: FOGG JR, STANLEY=&THERESA M, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteeen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-115 vs. DEPT CASE 2007040776 Stanley Fogg Jr and Theresa M.Fogg,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 as amended,section 2.02.03 of the Collier County Land Development Code. 2. Description of Violation: Sheds being sold on Agricultural zoned property. 3. Location/address where violation exists: 10270 Immokalee Road Naples Florida 34120 4. Name and address of owner/person in charge of violation location: Stanley Fogg Jr. and Theresa M.Fogg.6151 Everett Street Naples,Florida 34112 5. Date violation first observed:April 23,2007. 6. Date owner/person in charge given Notice of Violation: June 19,2007. 7. Date on/by which violation to be corrected:July 19,2007. 8. Date of re-inspection: July 19,2007. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public tearing. Dated this 3 . day of SQ , 2007 i ' " 0 0,0- 1\9-_____ Michelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER .� Sworn to l•r• �' ,es, . ■ subsc ' ed before thi fe7day o /,2007 by .............g ` n. m�n�Wl (Signatur: ,,f Notary Public) (P t ' p� ' RR01 3 Nam _ ��,�.� Pul{l�� Personally known or produced identification w.. ��ma-,�....Fi..•....�............■.; Type of identific on produced REV 3-3-05 2. Case Number "Q77©4627/:, '‹.— . COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION f vner: rje.•il Date: 6 `J, -7 Investigator (I ; Phone: 239-43,237C,L J kL- �-'S kH �P � F! Zoning Dist /�• Sec � Twp � Rng tiling: 4157 ( Z,Z-- '71 5/. Legal: Subdivision /2j —heed. b Block Zvi' Lot L,4,tik5_�ljztlEM V.. �// y -�/,,��iZ70�/h ✓Y/7 . Folio tie, ',''?"c�`" OR Book Page cation: /YJ Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) : Pursuant to Collier County C Enforcement Board You are directed by this Notice to take the following (CEB) Ordinance No. ,as amended,you are corrective action(s) notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- 4-x4006-- s-6 described location. 2Ord No. Q' 57? Section 4,62 21.? ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section )1 SCRIPTION OF CONDITIONS CO STI TING T7RE 1LAT ! ` ,,,, 1`� FiSupplemental attached _ .4,edF2�•s� L:.s�r . ! .ilc�s� C v,P Did Ito ss:Z,vix, a ON OR BEFORE: 7—/ , 200 7 `5:1-Z/--/ E Failure to correct violations may result in: ��� � 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SE:VED BY: Supplemental attached VA •ersonal Service ❑Certified Mail ❑Posting of Property ❑Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: a 2800 No.Horseshoe Dr.Naples,FL 34104 '_ L , ' �� (239) -2342 Fax:(23• �0 -2343 � (_70 .x. _ Investigator signature _ _ / aature and Tit • o 'e -"fit /� VIOLATION STATUS: Print /Q nitial ❑Recurring ❑Repeat Dated this / ` day of ��4-)6.- 2007 Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 12/14/05 3, COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. �-. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A".The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities. related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agriculturaVrural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 4. � V V V ,ice � . ' w 2186003 OR: 2316 PG: 0581 • Vic - �C�3 . 218 IICen18 ti omen', UOOuf of COLLiu COWL IL 09/21/f1 it 11:21011 NM 1. 110U, CLi1L COU 221000.00 lle ?11 11.91 DOC-.70 1101.10 . lots: if 'l rI01ISi ?IT 41 PICK DP ' ► • 5 THIS INDENTURE, made this i't day of May, 1997, between DOREEN ARNOLD, as Personal Representative of the Estate of EUGENE L.ARNOLD,deceased,618 8' Street North,Apt. P1 20, Naples, Florida 34102. hereinafter called the "Grantor". to STANL.I:Y FOGG, JR. and z 2 THERESA M. FOGG, husband and wife, whose address is 6151 Everett Street, Naples, Florida 34112,hereinafter called the"Grantee". 1g WITNESSETH: San IThat the Grantor in consideration of I, um of Ten(510.00) Dollars and other good and a,2 valuable consideration,to her paid b u „T r 4,11 . ipt whereof is hereby acknowledged,has e: . � . and confirmed and by these presents granted,bargained.sold,aliened�,�.� y P does grant,bargain,sell,alie ,release,convey an• ctttt unto the Grantee,her successors or assigns forever,the folio _ • • situate, lying. d'being in the County of Collier and State of Florida,to-wit: The East one-hal (E )of +,e • -WIN N 1/4) of the Northeast a . .41 .11311 ;' 48 o th a 26 East,except the one-quarter(NE 1 � � S�sc� bra:.p � ��g P North 100 feet,C. 4er County, onda. Property Folio No II 11 t 1 t 1•. 1' .0 together with all and singular the - e,, 'u appurtenances thereunto be longing, and s 1 i.'• 'oi1 ,remainder and remainders, or in anywise appertaining; �� tit. rents,issues and profits thereof; and also all the estate,n t. tide, interest, property, possession, claim and demand whatsoever,both in law and equity,which the Testator had in his lifetime,and at the time of his decease, and which the Grantor has, by virtue of the said Last Will and Testament,or otherwise, of, in and to the above granted premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above granted premises, together with the appurtenances and every part thereof, unto the Grantee, his successors or assigns forever. Reference is hereby made to the Letters of Administration issued by the Circuit Court of the State of Florida,in and for the County of Collier,in the matter of the Estate of Eugene L. Arnold, Deceased,Probate File No.97-356-CP-02,dated the 26th day of March, 1997,and this Deed is given pursuant to said proceedings and said Letters of Administration. Itt* OR: 2316 PG: 0582 **I Grantor warrants that the laws of the State of Florida have been complied with in connection with this conveyance. This Conveyance is subject to: 1. Restrictions and limitations of record, common to the neighborhood and any easements for public utilities. 2. Taxes for the year 1996. IN WITNESS WHEREOF,the Grantor has hereunto set her hand and seal the day and year first above written. Signed,sealed and delivered in the presence of 1 • .L rib,•q fl�•rts.iD / -D flLD. Personal / Representattvelrc e Estate of -/Z04 C Eugene L. Amld t: TE i •, fl-/ ,/vs STATE OF FLORIDA h !, E COUNTY OF COLLIER I HEREBY CERTI on this day pe . i . • ed before me. an officer duly authorized to administer oaths . : knowledgments, '1I' ARNOLD,as Personal Repres- entative of the Estate of EUGEN - • ' ` - , • •• ill I•wn to be the person described in and who executed the foregoing Deed 10i-lt re me that she executed the same freely and voluntarily for the purpose therein exp •. WITNESS my hand and official thi. / • • :y of May. 1997 4,00, Po.s, oFFtmAL NOTARY SEAL If ��� F� (r TERI KIM COLLINS GOMAAISSION NUMBER r f < CC487063 otary Public _ MY CnMM SIC'• rxP My Commission mimes: Instrument Prepared by: Preparation of Instrument Only Louis X.Amato,Esquire AMATO,ANDERSON&NICKEL, P.A. 350 5th Avenue South, Suite 200 Naples,FL 34102 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 - Board of County Commissioners, Collier County, Florida vs. Stanley Fogg Jr. and Theresa M. Fogg Violation of Ordinances ) 2004-41 as amended, section 2.02.03 of the Collier County Land Development Code Michelle Scavone, Code Enforcement Official Department Case No. 2007040776 DESCRIPTION OF VIOLATION: Sheds being sold on Agricultural zoned property located at 10270 Immokalee Road Naples, Florida 34120. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Removing all sheds for sale within 14 (fourteen) days of this hearing or a fine of $250.00 a day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated within 24 hours in order to conduct a final inspection to confirm abatement. REV 2/23/06 • r'• • 0 r.ci r� ,;.. • CIa 8 " �'� 8 7 A \ 4 `D emu g '. 1",, e. • �..,.,..ii �J ! ZI f a • • • y . ', `1 h 2 .� 7 i F, • ze. Y y S: L . it s."kN§ • , ., • . CI) . „ Co 4 - ] r *Ike* y • t;' 1.* • . ;telt "• '41 • • , •Z — . •p •••• it *- L...., • • 1.\ r�, •,as • a k15f • K4 -4 Co S r yeE V 5 L94,,,ij4 : • tg(J I .. • • ir • x - �r , - :`2 a ',erg y ft a si . .,-i ' ,fir z a ,.--=. i t.- ,1','Si':247.-"V°tAt03'::3.','1''';;;','•:,''' -* - r ,." : p a., r i ice.!-'':° r " ; �. f r r a s ... 41,..' ., ., r t ' � : " :404*t° -� p yl� � � {q . Y r a }f f , a ffi v w. y r d + 4r *�3 '' -,." !by r •�• a ..,:r.0,,-,1>4 . i 4 '.: .'-. -''''# ' ; : =''''';':4' .;-,I:!''=',', :li.7._:- ', 5 v `z' ice. l L ..y L `J - Department of Zoning and Land Development Review 22 June 2007 Mr. Stan Fogg, Jr. 10270 Immokalee Road Naples, FL 34120 Re: Zoning Verification Letter ZLTR-2007-AR-11874, regarding the sale of prefabricated sheds as an accessory use to Fogg's Retail Nursery, located at 10270 Imokalee Road, Folio number 00190600006, in Section 25, Township 48 South, Range 26 East, Collier County, Florida Dear Mr. Fogg: In your letter dated 8 June 2007 you ask a number of questions which essentially relate to the sale of prefabricated sheds as an accessory use to a retail plant nursery(Standard Industrial Classification Code 5261,Retail Nurseries, Lawn and Garden Supplies). The subject property is zoned Rural Agricultural (A) and an occupational license for retail sales has been issued for Fogg's Nursery and Mulch Supply, Inc.on the property. The sale of prefabricated sheds is not considered a valid accessory use to the principal use of a retail plant nursery and is therefore prohibited on the property. The Land Development Code allows certain retail sales as accessory to the sale of plants, stating that"such sales shall be limited primarily to the sale of plants, decorative products and tools accessory to or required for the planting and maintenance of said plants," as you note in your letter. Prefabricated sheds are not mentioned. Retail sales of prefabricated buildings, including sheds, are identified under SIC Code 5211 (Lumber and Other Building Materials Dealers). Such prefabricated buildings are not directly related to growing and maintaining plants, and although they may be used for storage of tools and equipment related to growing and maintaining plants, they are intended for much more general use. Their sales would therefore not be considered accessory to a retail plant nursery. Should you wish to contest this decision, you may apply to Susan M. Istenes, AICP, Zoning Director, for an Official Interpretation of the Land Development Code. The nonrefundable fee for this application is $1,500. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Stanley Fogg Jr. and Theresa M. Fogg CEB No. 2007-115 DEPT No. 2007040776 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5-6 Table of Contents CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case: CEB 2007-115 Dept. Case No. 2007040776 Plaintiff, vs. STANLEY FOGG JR. AND THERESA M. FOGG, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: November 29, 2007 TIME: 9:00 a.m. PLACE: Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34104 Room 609/610 LOCATION OF VIOLATION: 10270 Immokalee Road SERVED: Stanley Fogg Jr. and Theresa M. Fogg, Respondent Inv. Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE if COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner CEB CASE NO. 2007-115 vs. DEPT CASE 2007040776 Stanley Fogg Jr and Theresa M.Fogg,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR BEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 as amended,section 2.02.03 of the Collier County Land Development Code. 2. Description of Violation: Sheds being sold on Agricultural zoned property. 3. Location/address where violation exists: 10270 Immokalee Road Naples Florida 34120 4. Name and address of owner/person in charge of violation location: Stanley Fogg Jr. and Theresa M.Fogg. 6151 Everett Street Naples,Florida 34112 5. Date violation first observed:April 23,2007. 6. Date owner/person in charge given Notice of Violation:June 19,2007. 7. Date on/by which violation to be corrected:July 19,2007. n 8. Date of re-inspection: July 19,2007. 9. Results of Re-inspection:Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public 'acing. Dated this �3 .day of Sep'-, 2007 , 0/VSY'a--- Michelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER , � Sworn to,.I . e'1 •i, subsc .ed before thi /.2 day of E,2007 by ∎_ e, / G11RY P'�J/YS.�..� (Signatur fNotary Public) (P ;` I I. _ Nam -.,t;:? ,, Pulft° Personally known or produced identification •, `' acv Floes War/ '"r.. 1 Type of identific ion produced L.••:Nil .....................i REV 3-3-05 2. Case Number aa_97oVe�2,6, COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION vner: g...&.314./va.cf Date: � -7 Investigator Phone: 239- GS.23�.Z,� Zoning-Dist ,44. Sec 2.5- . Twp 03 Rng 3 ailing: /S/ t�i 574 Legal: Subdivision /Q --j✓�4^�ipc.• Block dLl Lot .. /J/4i J� A�L 51,//. r, po �� 77 ,cation: 16.2 70,Lrhn�4 s,�R. Folio /9e) , OR Book Page Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Enforcement Board (CEB) Ordinance No.-c -z , as amended, you are You are directed by this Notice to take the following notified that a violation(s) of the following Collier County corrective action(s) Ordinance(s) and or PUD Regulation(s) exists at the above- 7ç -16- described location. 2fOrd No. Q? Section ,&2.23 ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section ❑Ord No. Section - DESCRIPTION OF CONDITIONS CO STI TING TF "--.\1LA N(S). N zi /,e2 f U}�y�=�(rte.,,tfy�,[Q / �-! /Am ax_Th,ec�shirr Supplemental attached ,4 < Lf5Cr ,r '� "rte'cs uCh 6 45e.SL, h' r.V 5 Did itn ss Z,p,vi rte. < �7' '�J Q ON OR BEFORE: / -'/! , 200 7 ----f-r— ,5-‘-i_c_...,t.p e::)-c 5; 1&--,c cbt.l Failure to correct violations may result in:10,0C12-ly -}� 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the 7 violation remains,and costs of prosecution. nSupplemental attached SE VED BY: ersonal Service ❑Certified Mail ❑Posting of Property LiFax EMail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: 2800 No Horseshoe Dr.Naples,FL 34104 1 � (239) 563 -239 2 Fax:(23' • -2343 �'� OFAVAllial&ri' - ,•Investigator signature ../r, 1 attire and Tit o •e " t //• .tOLATION STATUS: Print ignitial ❑Recurring ❑Repeat /Q Dated this / T day of d�4)E ,2007 Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 12/14/05 3, COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A".The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP,and in some instances, may occur in the designated urban area.The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agriculturaVrural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agriculturaVrural district of the future land use element. • B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 �/. .' ' ac, . / 3 • "' 2186003 OR: 2316 PG: 0581 UcOl U is Mali UONU of COuLIU COMM ri, I3/23/11 at 11:211K NM I. IIOXI, CZIII C01/1 22911.11 DC M 11.9 DOC-.11 103.11 ! lets: MTh? ?ITLI net 9t PERSONAL REPRESENTATIVES DEED THIS INDENTURE,made this it/44-day of May, 1997. between DOREEN ARNOLD, as Personal Representative of the Estate of EUGENE L.ARNOLD.deceased,618 8th Street North,Apt. 20, Naples, Florida 34102, hereinafter called the "Grantor", to STANLEY FOG(i. JR. and z THERESA M. FOGG, husband and wife, whose address is 6151 Everett Street, Naples, Florida II 3 34112,hereinafter called the"Grantee". WITNESSETH: x. That the Grantor in consideration of I,. um of Ten(510.00) Dollars and other good and 2 valuable consideration,to her paid b t� :� : ipt whereof is hereby acknowledged,has granted,bargained,sold,aliened --• : . ' -,,, . and confirmed and by these presents does grant,bargain,sell,alie ,release,convey an• , unto the Grantee,her successors or assigns forever,the folio , _ , : situate,lyin. • d ,-ing in the County of Collier and State of Florida,to-wit: The East one-hal f'+f e • -r N 1/4)of the Northeast ', + _ ' 1. • h e 26 East exce t the one.quarter(NE 1 ir � p 48 t � S East, P North 100 feet,C► County. onda. ,' Property Folio No. 1 r "'' l o l l ,. �C> t o g e t h e r w i t h all and singular t h e 0+ - . .., • :. + : � d appurtenances thereunto belonging, or in anywise appcttaining;and the .tr. ) '':. - remainder and remainders,rents,issues and profits thereof; and also all the estate, tit, title, interest, property, possession. claim and demand whatsoever,both in law and equity,which the Testator had in his lifetime,and at the time of his decease, and which the Grantor has, by virtue of the said Last Will and Testament, or otherwise, of, in and to the above granted premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above granted premises, together with the appurtenances and every part thereof, unto the Grantee,his successors or assigns forever. Reference is hereby made to the Letters of Administration issued by the Circuit Court of the State of Florida,in and for the County of Collier,in the matter of the Estate of Eugene L. Arnold Deceased,Probate File No.97-356-CP-02,dated the 26th day of March, 1997,and this Deed is given pursuant to said proceedings and said Letters of Administration. .S. *** OR: 2316 PG: 0582 *** Grantor warrants that the laws of the State of Florida have been complied with in connection n with this conveyance. This Conveyance is subject to: I. Restrictions and limitations of record, common to the neighborhood and any easements for public utilities. 2. Taxes for the year 1996. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal the day and year first above written. Signed,sealed and delivered in the presence of: 7 ,, / . 4•4441'lr ' 7a /, ,/ , . .J>A m --i, a ea ' "r 114.41- !LD, Personal )2: / ��( ( ' Representatt • • Estate of w [ Eugene L. Am+ + : TE / r i t 0 4/ - . 1311) STATE OF FLORIDA -. I. f•,,•, COUNTY OF COLLIER �v 1 HEREBY CERTI "", on this day pe : I ; ', , • before me, an officer duly authorized to administer oaths - ; knowledgmenor• • '+:�' ARNOLD,as Personal Repres- entadve of the Estate of EUGEN . • '.z. : _ b + .. wn to be the person described in and who executed the foregoing Deed ; `a f,tom me that she executed the same freely and voluntarily for the purpose therein exp ,--.4. WITNESS my hand and officjal thi / , :y of May, 1997f. 1 ,pre P0a OFFICIAL NOTARY SEAL RI) / �/ ,' O li TERI KW COLLINS F�' :C.-- f ‘:,1".. .1. n ` ,, COMMISSION NUMBER .Ic) f CC487063 otary r- MY C!1MM! StCt+ EX; O Public. My Commission ezpues: • • -- _ Instrument Prepared by: Preparation of Instrument Only Louis X.Amato,Esquire AMATO,ANDERSON&NICKEL. P.A. 350 5th Avenue South,Suite 200 Naples,FL 34102 L.......................... ,,, CODE ENFORCEMENT - COLLIER COUNTY , FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY , FLORIDA Plaintiff, vs. Case No.: CEB 2007-115 Dept. Case No.: 2007040776 FOGG JR., STANLEY and THERESA M. Respondents SUPPLEMENTAL EXHIBITS FOR APPEARANCE BEFORE CODE ENFORCEMENT BOARD BY RESPONDENTS ON March 27, 2008 Respondent represented by: Colleen J. MacAlister, Law Offices of Colleen J. MacAlister, P.A. Witnesses: Stanley Fogg, Jr. Requested Action: Determination of violation of Collier County Ordinance 04-41, Section 2.02.03 for sale of garden sheds. Exhibits for Consideration During Presentation of Testimony at Hearing: Composite Exhibit A: Photographs of Fogg Nursery and Supply Company. Photographs depict the Nursery, access to the property, various garden mulches, supplies and ground coverings available for purchase (including organic compost in several stages of mulching), palm tree nursery, pond, sifter for the organic compost, and the garden sheds for sale. Exhibit B: Collier County Ordinance 04-41, Section 2.03.01, including the applicable subsection 21. Exhibit C: Copy of letter from Ross Gochenaur. Planning Manager, to the Respondents dated June 22, 2007, and supporting the violation. Composite Exhibit D: Copies of random selection of a variety of sheds available in the ° . . .. 9 ' j.41/ f.: f • yy .. -ter � '• <: .r „r ,..-••,:: ''' y° • ♦ r I, ___ H'.'• it, , itairiv aVi r a :x:: r:. �ri : kk !,• w 'fir r • o < Ire \,� 4 j;• I\ i, :,..ft:',.; 1f f t r�( 4.. x74 .. 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': %: • iris: i yycc 3r".:, fir:.'...�. � r .. ..• • : fr 4 a, „,,, : '' .' ~i v .t.;:::, . . iliii re . , ..,z,:,. 1 ::. .-1...;-.-... liONt.„,f ',,;...,',„,:,....J;.' .: ;•, ,..„. ,Z•:,*.:: '.....;,,,*.'...;.it.. it a i <.. ,. : k P . .fit Y. �. . as ',' * :{�u'' .4 •,%,, .Ef:l' '''.7.'”,St* i , ...., A •"i:.• !FA.—-•••:,.. . ,r,,•:,..,. .: ...:•• -.::: • :`.s: .. t yxx . °ix;<' a £ f 01,4 e . =Delete =Relocated/Remove Underlined Text=Revision to current LDC language Double Underlined Text=Relocated/Add or structure shall nevertheless comply with all other requirements and regulations of the LDC. 2.03.01 Rasden*_iaf-Agricultural Zoning Districts A. Rural Agricultural District ;t ;x. The purpose and intent of the rural agricultural district is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the-a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A) ((from 2.04.03)) 1. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production: livestock raising, and aquaculture for native species subject to—the State of Florida Game and Freshwater Fish ission Florida Fish and Wildlife Conservation Commission permits. - - - - - - - - - - - - - - - - - - - - 7 l:\07 Amend the LDC\2007-Cycle 2\Amendments\BCC-ZoningLandUseList(111607)-JK.doc 11/16/2007 EXHIBIT B =Delete =Relocated I Remove Underlined Text=Revision to current LDC language Double Underlined Text=Relocated/Add parcels 20,a e €i- c l v€ (mater Lrig- av✓r rs_.._?__ c t......._ c#s: . f t :::l e::::.k...aape _ _Q1-: ?.rfaliQ yvi_r. u fpr,__rSG#ra Aise,„and_flotin mitt I_W()il_'t_l"Fort . r;col*ura" aot yl;y h rev u�d t !e are #1cs vie fed IG¢5. �. Fowl or ou; not to exceed 25 in total number and.. b exceed two such animals for each acre_ r 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: i. a- Minimum 20 acre parcel size; 8 I:\07 Amend the LDC\2007-Cycle 2\Amendments\BCC-ZoningLandUseList(111607)-JK.doc 11/16/2007 =Delete =Relocated/Remove Underlined Text=Revision to current LDC language Double Underlined Text=Relocated/Add 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and ch. 4-193 F.A.C., all subiect to section 2.66i6 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: i. a- Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. ii. 49- Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. iii. G, The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: i. a- Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. ii. 19: The minimum site area shall not be less than ten acres. (4) P ringi:p l.... est1 .tor higher lassifi.catign 13 l:\07 Amend the LDC\2007-Cycle 2\Amendments\BCC-ZoningLandUseList(111607)-JK.doc 11/16/2007 =Delete =Relocated/Remove Underlined Text=Revision to current LDC language Double Underlined Text=Relocated/Add 10. Recreational facilities that serve as an integral part of a residential development and have been desiqnated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in section 2.7.4.: 10.08 00 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. NOTE: `Extraction related processing and production" is not related to "Oil extraction and related processing as defined in this Code. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida Game and Freshwater Fish Commission Florida Fish and Wildlife Conservation Commission permits. 6. Wholesale reptile breeding or raising (venomous) subject to the followi g standards: i. a- Minimum 20 acre parcel size. H. b Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line. 7. Churches and othor places of worship: 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 5.05.09. 12 l:\07 Amend the LDC\2007-Cycle 2\Amendments\BCC-ZoningLandUseList(111607)-JK.doc 11/16/2007 =Delete =Relocated/Remove Underlined Text=Revision to current LDC language Double Underlined Text=Relocated/Add H. 19, Any roofed structure used for the shelter and/or feeding of such reptiles shall b a located a_minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review_procedures. 7. Family care facilities, subject to section-a-6,265 05 04. 8. Communications towers up to specified height, subject to section 2.6.35. 5.05.09. 9. Essential services, as set forth in section 2.6.9.1. 2.01.03, 10. Schools, public. including "Educational plants." 2. . _e s..or .... : . . 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district. 2. Farm labor housing, subject to section 2.6.25. 5.05,03, 3. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 3.3.5.1 10.02,03. 4. Packinghouse or similar agricultural processing of farm products .roduced on the •ro.ert subject to the followin. restrictions: 91-102 sec 2.2.2.2.2.4 and 04-08 subsection 4.02.02 B.1.a i_ H3 Agricultural packing. processing or similar facilities shall b_e access to an arterial street by a public street_t iat doffs not abut properties zoned RSF-1T_thru RSF-6, RMF=6, residentially used. ii. A:,:::bt�ff_er yard:_of.not_less._than 15 .feet_in_width._ahaaa_be provided along each boundary of the site which.abuts sny residentially zoned or used property, and shall contain an Alternative i3 type buffers defined within section 4.06.00 of this LDC_Surb buffer and buffer y_ard shall be in li_ 9 l:\07 Amend the LDC\2007-Cycle 2\Amendments\BCC-ZoningLandUseList(111607)-JK.doc 11/16/2007 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Depai huent of Zoning and Land Development Review 2800 North Horseshoe Drive•Naples,Florida 34104 22 June 2007 Mr. Stan Fogg, Jr. 10270 Immokalee Road Naples, FL 34120 Re: Zoning Verification Letter ZLTR-2007-AR-11874, regarding the sale of prefabricated sheds as an accessory use to Fogg's Retail Nursery, located at 10270 Imokalee Road, Folio number 00190600006, in Section 25, Township 48 South, Range 26 East, Collier County, Florida Dear Mr. Fogg: In your letter dated 8 June 2007 you ask a number of questions which essentially relate to the sale of prefabricated sheds as an accessory use to a retail plant nursery (Standard Industrial Classification Code 5261, Retail Nurseries, Lawn and Garden Supplies). The subject property is zoned Rural Agricultural (A) and an occupational license for retail sales has been issued for Fogg's Nursery and Mulch Supply, Inc.on the property. The sale of prefabricated sheds is not considered a valid accessory use to the principal use of a retail plant nursery and is therefore prohibited on the property. The Land Development Code allows certain retail sales as accessory to the sale of plants, stating that "such sales shall be limited primarily to the sale of plants, decorative products and tools accessory to or renuired for the planting and maintenan'e of said plants," as you note in your letter. Prefabricated sheds are not mentioned. Retail sales of prefabricated buildings, including sheds, are identified under SiC Code 5211 (Lumber and Other Building Materials Dealers). Such prefabricated buildings are not directly_ related to growing and maintaining plants, and although they may be used for _`tools. and • equipment related to growing and maintaining plants, they are intended for much more general use. Their sales would therefore not be considered accessory to a retail plant nursery. Should you wish to contest this decision, you may apply to Susan M. Istenes, AICP, • Zoning Director, for an Official Interpre+ation of the Land Development Code. The • nonrefundable fee for this application 1,50. Please be advised that the information zoted in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of EXHIBIT C U r r r c o u t y Phone(239)403-2400 Fax(239) 643-6968 or (239) 213-2913 www.colliervev.net this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information please do not hesitate to call me at (239) 213- 2911. /7-/' �z- Ross Gochena -, Planning Manager Departmen of Zoning & Land Development Review CC: Susan M. Istenes, AICP, Zoning Director Gary Dantini, Code Enforcement Supervisor Correspondence file 22 JUG 7rH y,: 22 Jijti'O7 PH 3:35 Garden Sheds, Small Garden Sheds, Backyard Shed, Gardening Shed by Cedarshed Page 1 of 3 i ',+ Find Do-It-Yourself Kits For: DARSHE II Small Shed, Small Garden Sheds, Backyard Shed, Gardening Shed, Poolside By Gedarshed.Changing Room, Gardening Storage hd, Small Gardening Shed, Gardener Shed Kit h We Are �a S e Yo °. 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With many shied styles and almost unlimited design options, • c,orisiiiUCTA:i1": 1),:Aail,r1 your Choices for creating the perfect shed kit are virtually infinite_ • Delivery info At Suminerwood, we consicier you a partner, and are there to support • irriurKuitirpiisite:inn) you every step of the way Its a system the.l. works Over th0 years more than 1,500 protect plane "partners" have taken the time to send Also Check Out... us photos of their completed sheds Read about The Summerwood Advantage. :::: Accessories Building Plans e setit4s sheds Choosing the Right Garden Shed Kit With the many garden shed styles bat we offer, chances are good you'll. i find exactly what you want. Or invent it You can modify any of our 4 Imo/ i • - • . -- y- ' - - • ' ' - 1 Saire II ik. /0 fa shed SityleS, or design your deal shed from scratch in our garden shed I : on Kits & .., -„. - custom design center. 1 i Options .e, ,,.,..:01110., g Get Our designers involved early. They've designed countless garden : sheds and can help you decide what features you need. To contact our 1 i color ' i garden shed design team, click here Picker ; , Here ale some shed tips and ideas Lc: heir) you along based on guest ios 1 ..._( ...... I l we've received about sheds from customers like von over the years. I You can even send us a drawing of your dream shed and well work to http://www.summerwood.com/products/sheds/index.html 3/19/2008 Garden Sheds Page 1 of 4 .1) 17 CSN heds... .. T csii ision's The Home I My Account I Snoovng Can(0 items) e Best Selection of Sheds Online! Shop By Item Shop By Brand Sales&Promotions Advice Central Customer Service ADVANCED Call Us Toll Free SEARCH: All Brands ..'1 FOR ! GO! 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Door Style Double Door(15) „ _ ,., _ Sliding Door(5) Color Garden Sheds ,> Type: Garden Shed Brown(1) .-, / Gray(1) View By Standard ',If, 40 Items Per Page -" i GO' .., . Image Size: Small i Larg..- White(11) Other(1) View Page: 1 (1 total pages) Displaying 1 - 18 of 18 items 7 Roof Style Barn/Gambrel(1) Triangle/Gable(12) , - , ..=. .« -Arrow GS83 - Garden Shed ,.,, , ,, __,,--r,,:. Suncast G.512506 ,Jertice: Flat/Mansard(4) ' --4,y:'..,,,:-4., • . 8' x 3' 1 •,;14!, c.:9:44,f,„,Tool Shed -,r- Qn I y .. From $334 50 - I., - - 'ffrfill;,..-. $,-, Special Features 1 4 . rt Top 100 Seller' fa ii;; Fire Retardant(1) ! '.- ....l,..,` ' . , Y.-...1.1. .: .. _ , I,., Foundation Included(10) ,, 1,A;;,; $ Free Shipping. - '. .* _ , fC-:f"- ';.4,-„. ',;-1,',,,11.,,..,,:- .. ri cc S':pi,, :, .4::;:".7 Drai'■'!.' 1---- ."..,-rvi p i Available\All Windows(1) :*:: ' Jft-V-itr ;•'.- ' Available'IN/Skylights(1) Lockable(5) Portable(4) Duramax 00811 - YardMate ,. - . 'act rzS'')OC)P, 7'Width . '....1='.11:,-.1;::: .'kii';Ri7:41 and Floor (5, x Es') , . : Horlzo I irta i Ste!a oP b'":.d . 55 in or less(3) aqi.,-::,;,;.11, From .5733.5C S2i..)7 1,; 55 in to 96 in (4) 7,-..,,,,,i-,:,....:‘,rmiA04.1 Top 100 Seller' ...tt?..9.t. iti,,-;:;•;',,;FA,..:!,'., ... 7 op :7,-..-',';:-•.r,„"„,--tri4„;,,V.,1 ' Shipping„:„, Free shipping '' ''*;14"- :",. i I ree Sli,nif-)ci' 7 Depth 7:7.2,3:-.7,111tztau.4 ., _ . r ,...orilpr,.... 66 in or less(8) 66 in to 90 in (6) 90 in to 114 in (6) 114 in to 158 in (1) Flowerhouse SHLX800 - , ,.....,.,... , .. Arrow BW54 - E3elp,,..,(Jor: ' '' '- ,": '-; . . StorageHouse XXL Shed " ' ' ' Shed ...) 'x 4 -,-- ., 7 Height , ., . . . , ,,,," z* $288,24 :,. -.. From $268 oc 73 in or less(9) ... ......,... ... 73 in to 81 in (4) - 4 ,. ' .4, .1.- Free Shipping mik!,', f, Free Sru,,Dr,,,o, 81 in to 86 in (2) ,:2N:i* , :01 . Ti t 0 rn p a t e 111:44 1-7 Li,, 85 in to 102 in (1) 001- '444: ..., '-..f ..7.Ship Type UPS/FedEx(1) Freight(17) „...,, . 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Shed Plans Download Now Shed Kits Sheds- Home Depot Easy to read plans&materials list Download Discount Shed Kits Check out Now! Install a New Shed this Winter! Get Storage your shed plans now! cloodup.com for Your Tools&Toys. www.StorageShed-Plans.com/ www.HomeDepot.com Ms by GOogIe .; stem 'fir +. ;. -,, Instant Download Garden Shed Plans from StorageShed-Plans.com Build the 11 iii . .'4, perfect garden shed-for your backyard,with easy-to-use, instant download building III -.U lit ;; plans.These sunny garden sheds are available in two different designs and in five sizes j` each,from 10'x10'to 16'x24'. http://www.abetterplan.com/shedplans.html 12/5/2007 Tall Garden Shed - Suncast GS4000 Page 1 of 2 S� ilit:411) View Cart I Check Out I Login to My Account Create My Account I Easy Re-Order I Help Center F ~ r ctt,"P.An 1 ...iii Reimer Ent Instant Couplet Fait 6 totadty kook,is out auYnct4 " ,..�...•,. �.�,....._. •,..,,�✓ CLEANING S.JANITORIAL SHACKS&EIRERSTROOM. OFFICE PRODUCTS FtR NTELIRE SHEDS&OUTDOOR Call TGIi Free 1.800 BettyMills 1238.8964} :)utJcor r Patio S Deck Storage a Ge oerai Sroragc a scitiga wtertt SEARCH FOR PRODUCTS --- .Gt6, Suncast Tall Garden Shed,2 Doors, Resin Construction,60 Cubic Ft. ARROW Stora e,55 f -r as SUA GS4000 by Suncast SHEDS H OUTDOOR ;^-e r r Accessories Winter Wonderland F r r ,,.M.� `'snW7' k ''. Canopies 8 Covers ,I.RTAHG . Extra Large StorageSheds t tFtt[CLt Fencing SALE ENDS�BER17TMAlMr fGstiri ' s CLICK Tcoet;tt4 PRCES INCLUDE DISCOUNT) HER! ,l`.alrr1' Gazebos r fi - TE'N'TS Greenhouses Tall Garden Shed 1.,......:....:-.2Z-, Patio 8 Deck Storage x error im Densions:4'7"W x 3'1"D x 6'H.Interior x�� ,�� �; IMAM. 2' Dimensions:4'1"W x 7"D x 7"H Patio Furniture 5' rz _ 60 cubic foot capacity.Ideal for storing mowers:stack chairs .� -; r .' Pet Kennels -�,�, Storage _f and long handled tools.Two-door front panel with ramp for —rat - " Privacy Screens easy rolling.Lift-up top.Padlock hasp secures two doors Blulldtngs eat.Dea Shed Accessories Built-in support for up to 3 shelves(shelves not included) Retail Price:$576.20 each ;,., la Here .. Storage Sheds Stay-dry design.Long lasting resin construction. Side Panel thickness.2.5 inches BettyMills Discount Price:$347.26 each ,r Window Cleaning Snow Load:15lbs./sq.ft • Window Coverings -e1 e. r. MirtS PRODUCT MANUAL Quantity 1 NM TYf TOWHEE' r S,.. ?: r,Fmsy Ks Hxaay t eow:faw Aelite0 3t BTIO _ I h 1,.::::•".`,'ood 1 .1.i.f'i. Shop by Manufacturer , *Wit OUT 1..?!,r,am,H r� 'EMBER S OFUYERY INFORMATIOR iSORTUIRIESTSIPMB LEARN ABOUT SUNCAST HERE s it` Special Promotions r ilaximutri Storage Offers&Rebates aao i lt0 YtANt1a;�f EyouR ssED, AVSSt Qt -_. 1tinovative Design ^""� 3: �1 Beat Pricing Here•�' ‘S; o f ' rat 0 ‘‘to- /�� ,,,/ __-- `, adily Dock Boxes, 'Sly.._. ., ' asy,,�.,i�a&es 5L I7ra.ST ) TN Prcltrnos Ysi4erk kW' See all Betty Mills related products by Suncast. I I Related Products 8troat:fret .\ ` Gnattxartee ' - Cooler by Suncast itt. Prep Station by Suncast i„,.. ,,,e l � '* - .,.,; SUA DCC3000 $105.14 SUA DCP2000 S96.14 r ' q'S'w'i.g c. s ` 1, e Jr Outdoor Trash Hideaway by Suncast I Tool Can on Wheels by Suncast. °C�SUA GH1732 $54.11 1 iga SUA RTC1000 $49.78 Hull*Savings On: -.Sheds&Canopies -Greenhouses Steel Core®Hose Reel Cart by '"a" ,,,; - Smart Trak Hose Reel by Suricasi -Pet Kennels 'S+ x" 4 su,cast Click Mere SUASMT200B $89.21 SUA FWi300 $90.44 ' 225 Hose Capacity "` ` Bronze Lid sf' . TL l- i Swivel Smart Trak Hose Reel with Bin Swivel Assembled Smart Trak by Suncast Y ;°. a , ca .+ �:u� fin 6f ,ii RII http://www.bettymills.com/shop/product/view/Suncast/SUAGS4000.html 12/5/2007 Garden Sheds in Merseyside.Liverpool Teds Sheds Page 1 of 1 -4, Ted's Sheds Liver s ool HOME SPECIFICATIONS I PRICES I CONTACT US fIrrnn counter Welcome To Ted's Sheds Ltd Web Site 0151 324 1127 0151 709 0969 From Phone to Your Home The standard design Apex garden shed is manufactured in sizes from 6' X 4' upwards. All sheds are made to order, so door and window position and size can be stated when ordering.A full range of pent or flat roofed style sheds are available k s¢ You need go No were else - We have the Lot Our Group is the Largest in the North UK We Deliver to all areas in and around Merseyside/Wirral/Warrington /Cheshire The standard Summerhouse 8 x 6 Summer House Shown Here-without Verandagh, is our most popular seller. Available in Over 20 different sizes,please check our full price list " From Stock and Made to Order Loa Cabins Summer}.louses Ted's Sheds Ltd ( Liverpool) http://gardenshedsinmerseyside.org.uk/ 12/5/2007 AOI BO2 - Taupe and Bronze Storage Building - 7-1/2 ft x 7-1/2 ft - SUAA01 B02 - Suncaster Colpor... Page 1 of 2 Login I IN View Cart I Wish List I My Account I Contact Us I Order Status I Help Introducing a new addition to lrista -,1 1 e v it y' r'' '�''1 ® - ► sli p „.; , _ g a 6'J` � � : k ' � µ r�°#FF �+ i� y i a & � � Fyl. • 1C 1 ;,, Ift ;i1 Stofz,gc.bijOdIng SO) SUAAO1BO2 C'EMAIL -.,PRINT fill iBOOKMARK Zi;REOUEST QUOTE ... ...... ...... ...... .... ....._. .......... N. ........_. 1-800-442.998,30 I O V 1 - Taupe and Bronze Storage Building - 7-1/2 ft x 7-1/2 ft Shopping Tools :,t - � Our Price: $823.14 , Sale Items C 1 Product ID SUAA01 B02 •un�a_.L �J Sold As: 1 EA . - '" i Availability. 12 in Stock °a. ar� Quantity _... "° � Product details ADO TO CART, ' , Manufacturer info ) ar ,i,ially ,tip,„,hl i t.;2 l)i Sir Cir” Add to Wish List ' All dO .era r,` ZOOM+ hi;;,)inr elii: r Found a Lower Price? kcrturn:,,.,;:y Bend product reviews I VUriie a reviely + Heir Product Details ®MFG'S UIEBSITE 0.PRODUCT MANUAL PARTS LIST r D Suncast Garden Sheds provide space for the overflow while looking good.The clean lines,neutral colors and over all utility of the ' Power } Suncast Garden Sheds fit the outdoor environment and provide an attractive backyard storage solution. Energizers Maxi AA 12-pack batteries Features: fir. AA •352 Cubic foot capacity EIler/r/I�r •4'8"W x 5'8-3/4"H door opening naA A1 ' , •2 Windows with Shutters fi#` •Durable resin floor included to' J •Standard Skylight hel s keeps interior bright " �.. P P 9 � •Lockable doors with upper and lower latches Perfect for office •Long lasting resin construction electronics,remote Specifications: controls,and more. Size.8'1/4"W x 8'1/4"D x 7'2-3/4"H Sale! $11.01 Capacity 7'5"W x 7'5"D x 6'9"H(352 Cubic Ft) �.� Color:Taupe and Bronze j """7 N Energizer. Products are sometimes shown with optional equipment-material choices and/or finishes may affect pricing for furniture. ----" --"--"-_"-"- Manufacturer Information Manufacturer Name: Suncaster Corporation Product ID: SUAA01 B02 Equivalents: A01802 Manufacturer Website: Suncaster Corpo alior.Weosite Product Manual: SUAAO,802PDF Parts Manual: SUAA01802.PDF Manufacturer Part A01B02 Number: http://www.instaoffice.com/Taupe-and-Bronze-Storage.SUAAO 1 B02.0.7.htm?LI D=OBZRT&srccode... 3/19/2008 GazebDcarden.com: Garden Sheds Page 1 of 3 . ._ - (888)5O9-9676"3 ,.'` „ Your G.-Ga rden enS paatfst SHOP _.� ` _ � ��ro' "'al' az • s • a 42 Items in basket: Specials. Customer Service. 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Yard Saver t8x3) Arboi a t,I it Trellis&Pyramids i Price:$1,499.00 I as li ,rri.ec win the cria y o't {., Give your storage area some class with the Yardsaver.This merchxand Se B. INC speedy;he.nvery. . View assembly slide ( versatile shed has a sliding door that makes it easy to store large as shows for: i s and small... well the ease w Playhouse l, order g th .ou ' vnu Sunhouse i web: b piea a rt Add co Basket' Gazebo Custom sery " . Cabana - _ Well done" nr arbor Gardener's Delight i Gardener(6x6) i al.,e ti e alit in rnce:$1,754.00 m ::_:)a S iooks Yardsaver . Visit our Northern ' anra �i`"" California dealers. This structure is a blessing to the avid gardener.Store, pot and prepare your plants for gardening in one easily accessible ar. `„ l F3ry"` location. Add your own... !Add to Basket' Cabana(9x6) p7i?",;,'''' Price:$2,274.00 r ra . ttt This multipurpose shed is easy to assemble and a perfect complement to your home. Use it poolside or as a planting area. The Cabana comes... !Add to Basket] Gardener's Delight(6x9) ' Price:$2,494.00 d € ',,,,4 For the plant enthusiast who has everything,the Gardener's - " ,., Delight makes a distinguished potting house.The sliding door can be mounted on either side for... Add to Basket' Rancher(8x12) i ' '' Price:$3,299.00 t t f With its size and sturdiness,the Rancher gets the job done. Its , wide door space makes it easy to store large equipment,while w maintaining your... http://www.gazebogarden.corn/Merchant2/merchant.mv?Screen=CTGY&Store Code=G&Category_... 3/19/2008 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 %2)of the Northwest one-quarter(NW 1/4)of the Northeast one- quarter(NE 1/4)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: I. 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'7day of ,2008 at Collier County, Florida. r CODE ENFORCEMENT BOARD COLLIER COUNTY,FL, • DA BY. � � _ Gerald LeFebvr=,'Chair 2800 North H s rseshoe Dri Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Zfj)day of 1 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. (9,24t, MY COMMISSION It DD 686595 NOTARY PUBLIC *. EXPIRES:June 18,2011 My commission expires: .c e,A Bonded'Nu Notary Pubic Underwnters 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 4112 and to Colleen McAllister, Esq.,5147 Castello Drive,Naples, Florida 34103 this 2._- 4lay of 2008. M.Jean son,Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board state el 4!' 3h Avenue S. Ste.300 "',1;Fi `?Florida 34102 .ounty of COLDER (230)263-8206 I HEREBY CERTI r7 THAT this Is a true aii ,orrect copy of a aocument on,file In 3oard Minutes and RecorOS of Collier Count) SS my h �• ag.. o••ci. r=eal this day of ./ tI ®i1 'WIGHT E. BROLK,,C ERK Q1= COURTE .�, a .. • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Brian S. Spina., Respondent(s) Case No. 2007050845 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-7 Deed 8_9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007050845 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. SPINA BRIEN S, Respondents NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: zon-9075 LOCATION OF VIOLATION: 413 SAN JUAN AVE Naples, FL SERVED: SPINA, BRIEN S, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE 2007050845 Brien S. Spina,Respondent(s) STATEMENT OF VIOLATION AN) REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-4 lithe Collier County Land Development Code,as amended Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(I)(e)(i). 2. Description of Violation:Electrical boat lift added to existing boat dock without obtaining required Collier County Building permits. 3. Location/address where violation exists:413 San Juan Avenue Naples,Fl 34113 4. Name and address of owner/person in charge of violation location Brien S. Spina residing at 300 Capistrano Court Naples,Fl 34145 5. Date violation first observed: May 23rd,2007 6. Date owner/person in charge given Notice of Violation: May24th,2007 7. Date on/by which violation to be corrected:June 25th,2007 8. Date of re-inspection:Julyl8th,2007 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo. . for a public hearing. Dated this 10th.day of September, 2007 e Sorrels Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S affirmed)to(or armed)and subscribed before this'Dday of Sr6-,2007 by 7424441 _c Q 7 (:)29 C (Signature of Notary Public)/ (Print/Type/Stamp Commissioned Name of Notary Public) Personally known produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Indira Rajah �,, .,', Commission#DD727241 -ti,,,,.,,,.$Expires: DEC.07,2011 BONDED THAD ATLANTIC BONDING CO.,INC. REV 3-3-05 Case Number s Q_5 0 E j5 COLLIER COUNTY CODE ENFORCEMENT _ , Building Permits,Administrative Code& Other Permit Requirements ` NOTICE OF VIOLATION Respondent S.t li-i S. Date: 5.2y/�7 Investigator: �zLli'e_ -c.�S Phone: 239-ya m Zoning Dist 1157°3 Sec 3a Twp S I Rng a26 ..__.ling: cy 1&-�('C,,1 C4 Legal: Subdivision Block Lot (,.,9,A- fAC.�cc� s■e.,.d, C I 3y/its ! �t/ Location: 1[; 3ca.Cc ry �C�. Folio S Sy'1 b OO(9 OR Book 3-70)._ Page 3y7L Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35, as amended,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct, enlarge,alter,repair, move,demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical, gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work (ding or land alteration permit and certificate of occupancy until the completion of the project. 10.02.06(B)(1)(a)Zoning action on building permits...no building or fracture shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is OOO p property p p regulated by this code for which a permit is required,until released by the 1f building 6 B 1 e Improvement site o of prohibited prior to issuance building official. f buil permit No site work,removal of protected vegetation,grading improvement of property or construction of any type may be commenced Other Ordinance/Narrative: 1 prior to the issuance of a building permit where the development proposed O _ b �;;,� 4O -e i�cl� requires a building permit under this land development code or other OS applicable county regulations. f4O,r R. 1,..ii , pL-e( -it,� S /-�/ ebk>~.,.tr .. fir-; r k �aa,. t 10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of y type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Order be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II /�pplY for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Ap 4ust request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or �Vertificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools). Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final Violation(s)must be CORRECTED BY: O building inspection....Where pool construction is commenced after occupancy () I.I,N.Qi )JOQ certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs . - 'on. OR approved substitute shall be in place,etc. 2) Code Enforcement r.ard review that •y result in fines up to$1000 per day per violati., .._ long as the v.•lation remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit p • •••on. ir -44144r44.00... (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- -- -�►�-ri vegetation,etc.)shall have been issued prior to the commencement of work at Respon,3" .uef Date the site. Activities prohibited prior to permit issuance shall include, but are } not limited to, excavation pile driving (excluding test piling), well drilling f�,.�• d y'07 formwork,placement of building materials,equipment or accessory structures Investiga /s Signature Date and disturbance or removal of protected species or habitat,etc. ection 106.1.2 Certificate of Occupancy. J106.1.2 Certificate of Occupancy. Upon satisfactory completion of ) construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,.SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii `: <.,. ,<......, <u ��...<.��.�.. �._._..�..�_._._...�.�. ._.. - -o- - -- - 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library4.municode.com/newords/DocView/13992/1/66/68?hilite=10 02 06; 9/11/2007 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library4.municode.com/newords/DocView/13992/1/66/68?hilite=10 02 06; 9/11/2007 permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http://library4.municode.com/newords/DocView/13992/1/66/68?hilite=10 02 06; 9/11/2007 7. • Prepared by and return to: John A.Nold,PA 995 N.Collier Blvd. Marco Island,FL 34145 WARRANTY DEEM THIS INDENTURE made this Sixteenth day of December, 2004, between Alfred J. Sweeney and Mary Ann P. Sweeney, husband and wife, whose post office address is 27115 Matheson Avenue Bldg. 6 Apt. 104, Bonita Springs, FL 34135, herein called the Grantors, and Brien S. Spina, a married man, whose post office address is 300 Capistrano Ct., Marco Island, FL 34145, hereinafter called the Grantee: WITNESSETH, That the grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable con • • • receipt whereof is hereby acknowledged, has granted bargained, and sold unte. ee's heirs and assignees forever, the following described land situated • s ounty, •= .,,wit: FOLIO NO. 524547.001 ' Lot 695,Isles of Ca n ri, ►' i► 4e- ► Plat Book 3, Page isf. at,n Subject to easements, :' • tions and resery;;''L; • ? ord and to taxes for the year 2004 and thereafter. � 'L) And the Grantor hereby fully warrants s e title to said land and will defend the same against the lawful claims of all persons whomsoever. 3530043 OR: 3702 PG: 3476 WORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/23/2004 at 09:52AX DIIGBT B. BROCI, CURL CONS 630000.00 EEC FIE 18.50 DOC-.70 4410.00 Retn: FRAIL J ALOIA P 0 BOY 100538 CAPE CORAL FL 33910 SIOa 3743SC Page I of 2 J. *** OR: 3702 PG: 3477 *** IN WITNESS THEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in our presence: irl.. _� Witness#1 ignature Alfre:r. Sw IP.: h/ X j1J Witness#1 Printed Name WU4j. d._�.. 0. « i- 7 fl' ,l e t s. 1 Q ,, - tn s#2 S i g n a t u r e c--Let----_— fa\Y . S' eeney / Dora L . kie.tktIn Witness#2 Printed Name q).)1W Yr. E.. STATE OF FLORIDA `� COUNTY OF COLLIER ) The foregoing instrument wa . •• . A.: •9 ekgef .efore me this 16th day of Deceztp}ber,• 2004 by Alfred J. Sweeney and Mary lve%, • : e D personally known to me or 8'h4ve produced FIorldd briyt 'S Lic.en5e - as identification and who D did [Vdid not take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person executing this instrument is personally known to me. If the words "did not" are not marked, then the person executing this instrument did take an oath. [SEAL OR X:44$11 Nora L. Weibling A ii " I. /:_•I. ice! • ••=Cornmissie. €0629095o Notary Public lw •P7:Expires: Feb. 15, 2008 lam'4:ivt1.�.•� Bonded Thru nm..` Atlantic Bonding Co.,Inc. �—■' S1Oa 3743SC Page 2 of 2 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Brien S. Spina Violation of Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) or Ordinance 2004-41, Collier County Land Development Code, as amended. Azure Sorrels, Code Enforcement Official Department Case No. 2007050845 DESCRIPTION OF VIOLATION: Electrical boat lift added to existing boat dock without first obtaining the required Collier County Building permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Respondent must obtain all required building permits, inspections and certificate of completion within 60 days of this hearing or a $200.00 day fine will be imposed for each day the violation remains. 2. Respondent may obtain demo permit and demo electrical boat lift within 30 days of this hearing or a $200.00 day fine will be imposed for each day the violation remains. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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), I0.02.06(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 Z a� day of�p ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA %-11 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 thisa day 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 •ah 14 MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: 14,17-4:—_,W l p�h Bonded ThN Notary Pubic Underwriters 4A)44±CA/64' k—killi CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD has b,e n sent by U. S. Mail to Brien S. Spina, 300 Capistrano Court,Naples, Florida 34145 this 21449 day of '2008. M.Jean R 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. fo// vJD� , on behalf of himself or as representative for Respondent and enters into tf"iis 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 Re.day of tips hearing or a $200.00 day fine will be imposed for each day the violation remains. - ` 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• ut and perform a site inspection. IP. • _Allr■ _VP Res-•nde t Apr v tchelle Arno •, Director Code Enforcement Department 3-di— 0 IS . . . • • Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mary Edwards,Respondent(s) Case No. 2006080127 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-10 Deed 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006080127 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. EDWARDS, MARY, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: zon-9075 LOCATION OF VIOLATION: 47 Moon Bay ST Naples, FL SERVED: EDWARDS, MARY, Respondent Chris Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS;Petitioner - vs. DEPT CASE 2006080127 ,Respondent(s)Mary Edwards STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended of the Collier County Land Development Code sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(e), 10.01.06(B)(1)(e)(i)and The Florida Building Code 2004 Edition section 105.1 2. Description of Violation:Enclosed living space attached to existing mobile home without first obtaining all required Collier County permits. 3. Location/address where violation exists:47 Moon Bay St.Naples Fl.34114 4. Name and address of owner/person in charge of violation location: Mary Edwards, 47 Moon Bay St.Naples Fl. 34114 5. Date violation first observed: July 26,2006 6. Date owner/person in charge given Notice of Violation: June 21,2007 7. Date on/by which violation to be corrected: July 21,2007 8. Date of re-inspection: September 28th 2007 9. Results of Re-inspection: Violation continues to exist. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7 .day of 9-C-(-/-e-Vi to 2007 Christophe bach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER �R Sw► i (or affirmed)and subscribed before this (1-day of D cam. ,2007 by r°�b 1 (Siang e of Notary [Public) Print/T e/Slain\ins issioned b ( yP P ame of Noty Puli Personally known or produced identification PUBLI STA ORIDA Type of identification produced Diana ndall :AR cCosio:::E0NoDOD:Fri 18572 Expir : V ,2010 BONDD THRU C O.,ItiC. REV 3-3-05 2. • Case Number e2 ' f 're /a COLLIER COUNTY CODE ENFORCEMENT - .--_. .•;z Building Perm its,Administrative Code& Other Permit Requirements NOTIC OF VIOLATION O��l�l/6 lit L. _ S 1140 Date: `4y 7. Investigator:Ci �,nA,,r,6Q 44% Phone: 239- - 1 � /// 'I / Zoning Dist //14'/ en Sec ®5 Twp / Rng h ailing: y9/'�/d A S'l- Legal: Subdivision �o�� AV 7„r,�e Block Lot y3-4q . /// 3yII Sl as-9/ 8- X38'8" Page ��G - ,,i a' , . cation: /S/�,/VJO rwa S'�'• ��p .. _ _SyoNy Folio Od OR Book Pa e Unincorporated Collieunty / Violation: Pursuant to Collier County Code Enforcement Board Ordinance' 5& Violation(continued): as amended,you are notified that�a violation(s)of the following - codes exist: 0ed•el00?- r it t Florida Building Code 2004 Edition e tion 105.1 Permit Application . Ordinance 2003-37 Collier County Right-of-Way Ordinance 105.1 When required. Any owner or authorized agent who intends to OSection 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work fiilding or land alteration permit and certificate of occupancy until the completion of the project. 10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is g10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced Other Ordinance/Narrative: 1 rior to the issuance of a buildin permit where the development proposed a� �1'0 �.� gP P bs.erue8 vela Z a r e) 'mires a building permit under this land development code or other ..plicable county regulations. ( � (- CI ��rr ob;1c No d .�d Pt(wt.;l3 o6'F'repo.cii [ 10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of r ,i,1, a d c 4-P.✓1r.74 Cs o. I tvtvt car-� //v any type,repairs or remodeling of any type that requires a building permit has t been completed, all required inspection(s) and certificate(s) of occupancy O er to Correct Violation(s): V must be obtained within 60 days after the issuance of after the fact permit(s). r: ust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II PP1Y for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are Must request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish f described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from_property.Ono o R A De^0 hereby declared illegal,etc per 4,t♦S OMust effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: 7 1 0 79 certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit prosecution. (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at • .on,-nt's Signtature ate Iti the site. Activities prohibited prior to permit issuance shall include,but are not limited to, excavation pile driving(excluding test piling), well drilling, --=� _ �k '"'`.nnwork placement of building materials,equipment or accessory structures s igator's Sig cure Dat ,y id disturbance or removal of protected species or habitat,etc. - Section 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. - - - - -_ . ._ • 3. N s • • • 0) 0 Og n) —� 33' .-. = 3 .s Q n � � � ann = � ' O - d = mm ..« m -.0 u) it' t �. _ Q � al ci W b ET CD N o �p '"* �U N 1 r 0 C3 r�npd - - 3 °- ' rn Nni 1 @o' 5 °- < = -y O.o © ''htxi � ma) a' -1ma 2 os� , 1 r' > g ,� w Cn � N W �+ O -t Vi c/} C] 0 to +-C • « - = a N n o 0 o' I H = 43 '♦ N O CI 0 as 3o co f:133 0 CO I p -a �0 L '0 < V 3 C] J p 8 g m 4D w Co u. -� SD 0 j§kft. ; ..---" ' • 3 0= ,p, 4, —J CD 7 C� , E 3 0 co. (�' Cq C w m 9) 4 y 2 at O. @ m a g. co: -1 ,, � � a) a mph z C.' m = C S a, cn m u, +w n �~ � C) 7v r`r a z O No 0. a.._. i P 3 i • to' 3 `-- AK o rn ..) 5 a. 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Jibe I 21 , ... . ... ....... . 3' f 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT :CODEy WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 917102, AS .--ti AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, 'FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE; MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEG. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS,.PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02,00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC:4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8:04:00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND • APPEALS, . SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES; INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO . THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. ,-,, 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC;. SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. ‘. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- • poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 7. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. i-. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of abuilding permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 Florida Building Code 2004, Building FLORIDA BUILDING II� a3 OD _= V♦ 4 O.b K I ,�! lit } _ ,,,I. —qq99 eg ! 2004 Florida Building Code, Building First Printing Publication Date: October 2004 �-` COPYRIGHT © 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording'by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. li/ SECTION 105 PERMITS Page 1 of 7 PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. • In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 2279521 OR: 2388 PG; 1206 ucoinp i, orriciu ucoua of cOILIU cam, r1 12/II/!t it 12:25Pr DUG 1._61001, CWL /'-. win 10.51 acs: 00C-.70 .71 5u1Wrgun P0505712$ IOUS PI 34111 7121 WITHOUT EXAMINATION OR OPINION OF TITLE THIS. QUIT CLAIM DEED, executed this c day of hr:.'(t ! , 1998, by MARY EDWARDS as Personal Representative of the Estate of Glen Shears Sr. , whose post office address is 46 Moonbay Street, Naples, Florida 34114, first party, to MARY EDWARDS, a divorc 41•• - < ii . =e post office address is 46 Moonbay Street Na les - r :nd whose social security number is .nd party: � , WITNESSETH: ' a = = -id firs 'arty, for and in consideration of tie = „ :• - 0 = AND -FEC 0 in hand paid by the said second does hereby party,= t =e�e4 -_ ' =- i-�� � s ereby acknowledged, u to the said second party forever, all . = i al e, ‘ n e ps , claim and demand which the said fi a . - / y �•- = - '-nd- �- - following described lot, piece or p- of land, si ' to `g and being in the County of Collier, =te of Florid o w• Property ID No. 6831 W18 8 `X-C) Lot 45 and Lot 47, ci-�P �• t' `- according to the plat recorded at ook 13, Page 51 of the Public Records of Collier County, Florida. This is homestead property. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. �. 1 1/. *** OR: 2388 PG: 1207 **# • � Signed, sealed and delivered in the presence of: i'I'AV "-, -044.k.4.2../IL. Mar tness Edwards Print Name/kw Name/k. 6E f' Nl. \ t�ErAAA Address:46 Moonbay St. Naples, FL 34116 r 1 ' -r)! , 'J . ..,t.1 tness Print Name I tc' & -A `1 1 f J STATE OF FLORIDA _ COUNTY OF COLLIER The foregoing instrument was acknowledged before me this L day of 1 t C X LIZ. , 1998, by MARY EDWARDS as ' the Personal Re resen t' `s to of GLEN SHEARS SR. , who is . _ : . •: , � ...�s• „; or who produced as identification. :- 0 :,,. , _ ; . .i E pires: L. Pr n : , *'`cif Notary !, : Commi_ _ - . . ii., THIS INSTRUMENT PREPARE' =- c p r ARl =.r.�� -� RICHARD D. SPARRIlAN, ESQ. TFFNA!1`` i. SPARK AND QUINN, . P.A. NOTARY PUB1 it 't I i'; ::. Post Office Box 7128 cosim'SnI\ \0 t, Naples, Florida 34101-7128 MY CUMMtStill►\141' Tel. No. (941) 643-6263 O A .A. TEENA I IIN •'VVY PUBLIC STATt- t* FLORIDA t ttit itisit)N Vic) t auµu t; ` wr t,,wvit4S1t►N vx_ C l 2 416. COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 - Board of County Commissioners, Collier County, Florida vs. Mary Edwards 47 Moon Bay St.Naples Fl. 34114 Violation of Section(s) 10.02.06(B) (1) (A), 10.02.06 (B) (1) (e), 10.02.06 (B) (1) (e) (i) of ordinance 04-41 as amended of the Collier County Land Development Code and Section 105.1 of The Florida Building Code 2004 edition. Christopher Ambach, Code Enforcement Official Department Case No. 2006080127 DESCRIPTION OF VIOLATION: Enclosed living space attached to the existing mobile home without first obtaining all required Collier County permits RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Obtaining all required Collier County permits for the enclosure, including all inspections, and a certificate of completion, or obtain a Collier County demolition permit, all required inspections, and a certificate of completion and restore the property to it's original permitted condition within 120 days of this hearing, or pay a fine of$200.00 per day for as long as the violation continues to exist. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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 I. 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), 10.02.06(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)(1)(a), 10.02.06(B)(l)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section 105.1 be corrected in the following manner: 1. By 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$303.13 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. LA DONE AND ORDERED this Z. day of f ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FL•RIDA / BY: Gerald LeFebvr- h. - 2800 North H I seshoe Dr,'e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. „�, N., KRISTINE HOLTOri ,,, MY COMMISSION N DD 686595 NOTARY PUBLIC � EXPIRES:June 18,2011 --4:1.a• • Bonded Thru Notary Put*Linden/Mu My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE has bepeR sent by U. S. Mail to Mary Edwards,47 Moon Bay Street,Naples,Florida 34114 this 7)1-'day of ,2008. :ounty of COLLIER v,'F M.Je-. 'awson,Esq. I HEREBY CERTI,7 r THAT this trs e tide Flori.a Bar No. 750311 :orrect copy o$ a aocument on.file In Attorney for the Code Enforcement Board Board Minutos and Recoras of Cotlner Count) 400 Fifth Avenue S.,Ste. 300 lifittASS + 1 ' ' 3 a • r ' seal this m Naples, Florida 34102 daypf ' P $ _ (239)263-8206 WIGHT C. BROOK,CLERK OF COURTS. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006080127 vs. RY EDWARDS, Respondent CORRECTED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on 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), 10.02.06(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)(I)(a), I0.02.06(B)(I)(e)and I0.02.06(B)(I)(e)(i)and the Florida Building Code,2004 Edition, Section i 05.1 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 2 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 2nd day of April, 2008 at Collier County, Florida and re-signed this 03;44-jay of 012„4, , 2008,nunc pro tunc. _f CODE ENFORCEMENT BOARD COLL R CO. TY, FLORIDA BY: Richard I ..nbring,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1 s day of Cu , 2008,by Richard Kraenbring, Vice-Chair of the Code Enforcement Board of Collier Co ntt� y, Florida,who is _., personally known to me or who has produced a Florida Driver's License as identification. 0 '',,,,, KRISTINE HOLTON NOTARY P :LIC ah VI MY COMMISSION#DD 686595 My commission expires: V. EXPIRES:June 18,2011 ARfr,64v Bonded rhru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been ent by U. S. Mail to Mary Edwards,47 Moon Bay Street, Naples, Florida 34114 this 2S4'day of ,2008. ? C 7 .,� J R c..�,- , -mi my L M. Jean;lawson, Esq. H FpF 3y CERTI"r' TNAT tht13 IS a true Florida Bar No. 750311 .,,, :; ,.r-3}. c,> 4 '1nt'< ` ' In Attorney for the Code Enforcement Board J lt1 iFiutt: rjru ` " t 'o 400 Fifth Avenue S.,Ste. 300 g „�. ,� , , : Naples, Florida 34102 nss A_ Q (239)263-8206 OC,1(, CLERK OF OUR1 ter- - • ...�* COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jeffrey A. Macasevich, Respondent(s) Case No. 2006100314 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Deed 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006100314 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MACASEVICH,JEFFREY A, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PERMITTED USES AND STRUCTURESzon-ILU-1.5.6. LOCATION OF VIOLATION: 4469 Lakewood BLVD Naples, FL SERVED: MACASEVICH,JEFFREY A, Respondent �., Mario Bono, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner - - - vs. DEPT CASE NO.2006100314 Macasevich,Jeffrey A,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Ordinance 04-41 as amended,Land Development Code, Section 10.02.06(B)(1)(a), Section 1.02.06(B)(1)(e)and Section 10.02.06(B)(1)(e)(i)and Section 22, Article II of the Collier County Laws and Ordinances 104.1.3.5, 106.1.2 and the Florida Building Code 2004 Edition Section 105.1 2. Description of Violation: Improvement of property without permits/Rear of home completely enclosed with sliding doors and windows. 3. Location/address where violation exists: 4469 Lake wood Blvd.,Naples,FL 34112 4. Name and address of owner/person in charge of violation location: Jeffrey A Macasevich, 4469 Lake wood Blvd.,Naples,FL 34112 5. Date violation first observed: Oct. 16th,2006 6. Date owner/person in charge given Notice of Violation: Good service obtained 9-6-07 via posting 7. Date on/by which violation to be corrected: 9-17-07 8. Date of re-inspection: 11-20-07 9. Results of Re-inspection:Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a . •lic hearing. Dated this 20th. day of Nov. 2007 Mario Bono Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t• 'r affirmed and subscribed b- • - his •o day of 1NJs ,2007 by O_ `4% rgn e of Notary Pus Ic (Print/Type/Stamp Commissioned Name of Notary Public) ,--� Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA '' Delicia Pulse =„', :Commission#DD629723 Expires: JAN. 16,2011 REV 3-3-05 BONDED TI RU ATLANTIC BONDING CO.,INC. 2. Building Permits,Administrative Code &Other Permit Requirements .-v/. �• . r NOTICE OF VIOLATION ~ Respondent Macasevich,Jeffrey A Date: 03/09/07 Investigator: Mario Bono Phone: 239-403-2481 4469 Lakewood Blvd. Zoning Dist RSF Sec 13 Twp 50 Rng 25 Ong: Naples,FL 34112 Legal: Subdivision Lakewood Unit 1 Block H Lot Location: 4469 Lakewood Blvd-,Naples,FL 34112 Folio 53751280003 OR Book 3426 Page 456 Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following Florida Building Code 2004 Edition codes exist Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 1E1105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair, move, demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such watt to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate-of occupancy until the completion of the project ®10.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities wrist—without first obtaining the authorization of the required building 0111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is regulated by this code for which a permit is required,until released by the ®10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance building official. of building permit. No site work,removal of protected vegetation,grading, improvement of property or construction of any type may be commenced Other Ordinance/Narrative: Observed renovated rear porch / lanai. prior to the issuance of a building permit where the development proposed Owner must obtain "after the fact" permit by submitting complete requires a building permit under this land development code or other application and other required permitting documents 14 days from the applicable county regulations. date of this notice. Owner must call and arrange for all county e r In the event the improvement of property,construction of inspections and be governed by the boxes marked "X" OR remedy ®10.Q2 type,repairs)() �P violation by obtaining demolition permit and returning property to �� any type,repair or remodeling of any type that requires a building permit has original permitted state. Owner must contact the investigator of this been completed, all required inspection(s) and certificates) of occupancy notice to insure progress and abatement of violation. must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22,Article II 0103.1L1 Unsafe Buildings or Systems. All buildings, structures, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress,or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Order to Correct Violation(s): constitutes a hazard to safety or health, are considered unsafe buildings or Order be in compliance with all Collier County Codes and Ordinances. service systems. All such unsafe buildings,structures or service systems are Apply for and obtain all permits required for described hereby declared illegal,etc structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same ®Must request/cause required inspections to be performed and obtain It property,the fence or enclosure required shall be in place at the time of final certificate of occupancy/completion OR demolish described building inspection...Where pool construction is commenced after occupancy improvements/structure and remove from property. certification of a one or two family dwelling unit on the same property.the fence or enclosure required shall be in place prior to filling of the pool unless Must effect, or cause, repair and/or rehabilitation of described unsafe during the period commencing with filling of the pool and ending with building/structure/systems: OR remedy violation by means of permitted completion of the required fence or enclosure, temporary fencing or an demolition of same. p approved substitute shall be in place,etc. / t� Violation(s)must be CORRECTED BY: c 26,2Utl7g� ®104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- Failure to correct violations may result in: vegetation,etc.)shall have been issued prior to the commencement of work at 1) Mandatory notice to appear or issuance of a citation that may result in the site. Activities prohibited prior to permit issuance shall include,but are fines up to$500 and costs of prosecution. OR not limited to, excavation pile driving (excluding test piling), well drilling, 2) Code Enforcement Board review that may result in fines up to$1000 per formwork,placement of building materials,equipment or accessory structures day per violation, as long as the violation remains, and costs of and disturbance or removal of protected species or habitat,etc. prosecution. • �� Section 106.1.2 Certificate of Occupancy. ®106.1.2 Certificate of Occupancy. Upon satisfactory completion of Respond 's Sign- construction of a building or structure ... and after the final inspection,the 7 i �� Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted__with the provisions of this Code. Investigator's Sign-v"" e Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 t3. AFFIDAVIT OF POSTING Respondent(s): Macasevich,Jeffrey A Code Case 2006100314 4469 Lakew000d Blvd. CEB # naples,FL 34112 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing ['Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I, Mario Bono , do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 4469 Lakewood Blvd.,Naples , FL (Address) on Sept. 6t 2007 , 1240 DA ,and the Collie County Courthouse.Opm (Date) (Time) — Signature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 6 day of -1--e-r t' - -r 2007 by Mario Bono (Name o �n m`i�� NOTARYPUBLIC-STATE OF FLORIDA %'—, Delicia Pulse (Sign-e ofNotary Pub °,-', _ Commission#DD629723 `'-,, ,,,�•'Expires: JAN. 16,2011 (Print,type or stamp BONDED TBRU ATLANTIC BONDING CO.,INC, Commissioned name of Notary Public) Personally Known v Produced Identification '..—``' Type of Identification Produced Affidavit of Posting(Immokalee) Original to File Copy of Posted Notice and Pictures Attached Rev 6/03 4. AFFIDAVIT OF MAILING Respondent(s): MACASEVICH, JEFFREY A Code Case 4469 LAKEWOOD BLVD NAPLES, FL 34112-6123 CEB # Case Nbr - 2006100314 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑Other: I, Delicia Pulse ,hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at Above Stated Address (Address) On this I v day of p k-ev - ec-, 20 07 • Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this /O day of Sec.le--e.w.b,eyr 200 "'1 ,by 't:lG1■e.�o. Pc& S-e_. . (Name of:e o 1 m. _ state ent) , -, �� / i- (S gna e of Notary Public) I OTARY PUB1AC-STATE OF;':;, Jr (Print,type or stamp ,.••'""'%. K.A. Van In 1r Commissioned name of Notary Public) �u ECoII)m1SSlott#r,1 +1`� Personally Known ''•,„BONDEDTHRIIATLANTIi_.3,0Nir.; '':;,J) Produced Identification Type of Identification Produced . Affidavit of Mailing Original to File Rev 6/03 r ♦ r 3211410 OR: 3426 PG: 0456 �-� M01010 lit 0flKUL Uc000S at mat court,. IL 11111/2003 it 01:1UI> 1. It0C1, CL I This instrument prepared by:and Return to: CONS 121114.00 • • Deborah A. Stetwart., Esq. tIC FR 1 1.50 Parks and Stewart 000.70 1151,00 865 Fifth Avenue 5=th Naples, FL 34102 Heel $1111!1 R Al Iii FIFTH FYI S p„rootiWNtiartteer; 53751280003 11IMI IL 34102 Grantee a TIN: Grantee-02 TINc Warranty Deed. This Indenture, Made this day of October , 2003 AD-. Between Joseph Haupert and Anselma Haupert, husband and wife • of the County of Delaware , State of Indiana ,grantors, and Jeffrey A. Matasevich, a single man whose address is; 4469 Lakewood Blvd. , Naples, FL 34112 of the County of collier State of Florida ,grantee. Witnesseth that the GRANTORS,for and in awrsideratian of the sum of • --- TEN DOLLARS 0101--- ..,,......-.. DOLlARtS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE;the receipt whereof is hereby acknowledged,have granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land,situate, lying and being in the County of Collier State of Florida to wit �., Lot 17, Block H, LAKEWOOD UNIT NO 1, according to the map or plat thereof as recorded in Plat Book 12, Page 8, Public Records of Collier County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes for current and subsequent years. and the cantors do hereby fatty warrant the title to said land,and will defend the same against lawful darns of all persons whomsoever. In Witness Whereof,the grantors have hereunto set their hands and seals the day and year fast above written, Signed,seams and delivered in our presence: (Seal) Printed 11rneer- s h aupert Witness as to Josep Haupert PO,.Addte:52D$Tamarac Drive.Meade,IN 47304 41- ! Printed Name: 411, 4 4. c7`1 Witness as to Josep. Haupert L1 (Seal) Printed atloe: �tp4'+^sy.J�rriy,rt.- Awlttstat3.ma 8arxpert Witness as to Anse Haupert P.O.Address:5200 Tamarac Drive,Muncie;I.N 47304 %--424,12thit, Printed Name: J1.•�,era 4. s Witness as to se Haupert http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=262847 9/28/2007 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 - Board of County Commissioners, Collier County, Florida vs. Macasevich, Jeffrey A Violation of Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, and Section 105.1 of the Florida Building Code 2004 Edition Mario Bono, Code Enforcement Official Department Case No.2006010314 DESCRIPTION OF VIOLATION: Improvement of property without authorization or permits; specifically windows and doors RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Applying for and obtaining all permits, inspections, and certificate of occupancy required for the improvements of the property within sixty (120) days of today's hearing OR a two hundred dollar($200) a day fine be imposed until violations are abated OR 2. Obtaining an issued Collier County Demolition permit and demolishing said improvements and removal of debris to a designated waste disposal facility within thirty (60) days of today's hearing OR a two hundred dollar ($200) a day fine be imposed. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 Cni.Cq 2co,6/ 003/l/ CDPR0002 - Image Print ���L tce l Hocu se 01-ctL. (l'es i�n k t f J rX//4/7 6 CD-Plus Report - Code Case Iria a CODE CASE NUMBER IMAGE DESCRIPTION 2006100314 Rear of enclosed lanai. E.Y>-14 IMAGE DATE 10/10/2006 1a10,20015345m Collier County Printed on 3/24/2008 1:01:47 PM CD-Plus for Windows 95/98/NT Page 1 42p2 CDPR0002 - Image Print CD-Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006100314 Side of enclosed lanai. E.Y>-14 IMAGE DATE 10/11/2006 M: "iii v. imili„.01.,A,t,, ,. „.....„,, ,..,, ,, . . ,..,:,,, _ ..%,,_ ,...„ ,.,. .. ......., , . . ... ,. ,.,,,. , ,_ , '4' ..„_., 1-1 ,>c,* a ,. rri �? kv..„.. ,, ,•,, . ..„.... . .. ...„. ; " �.. t� 44-riy \ ,.." ' '. .4 '*"' '2V: ''. Vf/ 1....•''. ' ' .„..0.' * '-°• k x, 'S' Collier County Printed on 1/23/2008 4:45:23 PM CD-Plus for Windows 95/98/NT Page 1 47ki4V14444.44 Fi i „ 4 y�` �a �vki cy 4494. 444.i • Milt ! %� ,?f` mom_ 3 • 4.. ,ate ' . l44.4i.R�" k • � Ly Z F �.: # tuzm-•& ,K u . ..,, ....,,, i...,,,,,, ,..., a"4 sue,: F < 9 :i b .. t a -T?'d€F�n p' ;§"•" 1 f — 1 11 ._ � ,a °,-„. z + ' ,.,,.. „., 1... , 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 105.1in 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 l 0.02.06(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 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 Zday of afla,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID• BY: _ i iirl_ era d LeFe.vr-,' hair 2800 North Ho eshoe Dri e Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1120 The foregoing instrument was acknowledged before me this 2, day of 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Fl rida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. VA:LCSV_AMS1 SP -, HOLTON NOTARY PUBLIC MY COMMISSION DD 68659' My commission expires: 2 EXPIRES:l? Bonded Thtu Notary June ubic u 1rw R dters 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 7,1Jp_day of A,,,Q,2008. i' 7 M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 State of FLORIDA ;ounty of COWER I HEREBY CERTI•r(THAT this Is a true SAS correct copy of a aocush!en1 tile`;tit Board Minutes and RecQrus of Colf(er Count)•MelS S my 1r ` seal this• day of / I66, WIGHT E. BROCK, CLERK OF COURTh COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Frank Fernandez, Respondent(s) Case No. 2006120290 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006120290 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. FERNANDEZ, FRANK, Responden(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION &PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION: Folio 39658240005 SERVED: FERNANDEZ, FRANK, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY. BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2006120290 Frank Fernandez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): 04-41 as amended,Collier County Land Development Code, Section 3.05.01(B)Vegetation Removal,Protection and Preservation 2. Description of Violation:Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: Folio#39658240005 (off 20th St NE) Naples,FL 4. Name and address of owner/person in charge of violation location:Frank Fernandez 11987 SW 6th St. Miami,FL 33184 5. Date violation first observed: 12/5/2006 6. Date owner/person in charge given Notice of Violation: Posted Property on 5/8/2007 7. Date on/by which violation to be corrected: 6/8/2007 8. Date of re-inspection: 12/10/2007 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 10th day of December, 2007 , i Je Ter .Waldron C.de r forcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this�0 ffi day of .fitQxt 6,e r,2007 by Jen Waldron (Sign e o Notary Public (Pr' t/Typ,. :::i:_ ty -ii::',a eo Personally known or produced identification N. ofM expIr �,401145 Type of identification produced My Comm expires March 04,2009 Bonded thru 1st State Insurance REV 3-3-05 ,� COLLIER COUNTY,FLORIDA �Y x j U NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT JO: Frank Fernandez ORDER TO CORRECT VIOLATIONS): 987 SW 6th St You are directed by this Notice to take the following .liami FL 33184 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Conduct no further vegetation removal. Within Collier County Zoning District: Estates And Sec 12 Twn 48 Rng 27 Subd Blk Lot Parcel Respondent must prepare a mitigation plan which meets Of Collier County Record. Property ID: 39658240005 the criteria as stated in 04-41 as amended Sec. PUD Tract Unit SDP 10.02.06.E.3 (Copy attached). The mitigation plan shall OR 2380 Page 1181 : OR Page be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy AKA(Address) Folio #39658240005 (next to 4870 20th St NE attached). The respondent is required to establish a Naples,FL) monitoring program(10.02.06.E.3.e.i)that would NOTICE determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with Pursuant to Collier County Code Enforcement Board replacement required to maintain the 80%minimum (CEB) Ordinance No. 05-55 and 97-35, as amended,you are annually.A minimum of five reports will be submitted by notified that a violation(s) of the following Collier County respondent Reports will be due at one year intervals. Ordinance(s) and or PUD Regulation(s) exists at the above- described location. ON OR BEFORE: 8th June 2007 Ord No. 04-41 as amended Section 3.05.01(B) Ord No. Section PENALTIES MAY BE IMPOSED Ord No. Section 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per ID#5: violation. .,egulations: 2) Code Enforcement Board review finds a violation exists, a maximum fine of$1000.00 per day in the case Sections: of a first violation., as long as the violation remains, Dated: and costs of prosecution. DESCRIPTION OF CONDITIONS CONSTITUTING'I'HL SERVED BY: VIOLATION(S). ['Personal Service ['Certified Mail ®Posting of Property Did Witness: Vegetation removed on an undeveloped property without I, , HEREBY acknowledge _obtaining_the proper required Collier County permits that I have received, read, and understand this notice of violation. INQUIRIES AND COMMENTS SHOULD BE DIREC 1 hD TO CODE ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 Signature and Title of Recipient (239) 403-2444 Fax:(239)403-2343 Investigator signature Print VIOLATION STATUS: Dated this 8th day of May 2007 ®Initial Recurring ['Repeat Reference case number: 2006120290 Notice of Violation Orivinal to Fite C:nnv to Recnonrlent C.nnv for.Cite Pnctinv C.00v for Official Poctinv Rev R/fl'; . _ 3 C,AFFIDAVIT OF SERVICE Respondent(s): Frank Fernandez CEB Case No. . .--, 11987 SW 6th St Code Case No. 2006120290 Miami, FL 33184 Notice of Violation [Notice of Hearing ['Notice of Hearing (IOP) ['Citation [Notice to Appear ['Code Enforcement Board Evidence Packet ❑Other: I, Jennifer Waldron, hereby swear and affirm that a true and correct copy of the docnment(s)referenced above have been provided to the Respondent(s) via: EUS Mail ❑US Certified Mail (Return Receipt Requested) Posting of Property ❑Personal Service ❑Collier County Courthouse Posting Sworn this 8th Day of May, 2007. Al Jennifer Waldron Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER no Sworn to (or affirmed) and subscribed before me this if ay 5 /0)-0°-) by n11; 1-11q'(` • Sign:tore of Notary Public MAENE G.SER1 RNO Nota ry Public,State o Fiori d Print/Type/Stamp Commissio e Comm RL No DD 401145 A Name of Notary Public y Comm expires March 04, 2009 Bonded thru let State Insurance Personally Known 'x' REV 3-25-05 4. .,..._, Cf:7) COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT 1 u: Frank Fernandez ORDER TO CORRECT VIOLATION(S) : 11987 SW 6th St You are directed by this Notice to take the following Miami,FL 33184 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Conduct no further vegetation removal. Within Collier County Zoning District: Estates And Sec 12 Twn 48 Rng 27 Subd BIk Lot Parcel Respondent must prepare a mitigation plan which meets Of Collier County Record. Property ID: 39658240005 the criteria as stated in 04-41 as amended Sec. PUD Tract Unit SDP 10.02.06.E.3 (Copy attached). The mitigation plan shall OR 2380 Page 1181 : OR Page be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy AKA(Address) Folio #39658240005 (next to 4870 201 St NE attached). The respondent is required to establish a Naples,FL) monitoring program(10.02.06.E.3.e.i)that would determine the 80%survivability of species of the plants NOTICE used in the mitigation effort over a five year period with Pursuant to Collier County Code Enforcement Board replacement required to maintain the 80%minimum (CEB) Ordinance No. 05-55 and 97-35, as amended,you are annually. A minimum of five reports will be submitted by notified that a violation(s) of the following Collier County respondent.Reports will be due at one year intervals. Ordinance(s) and or PUD Regulation(s) exists at the above- described location. ON OR BEFORE: 22nd March 2007 Ord No. 04-41 as amended Section 3.05.01(B) ,No. Section PENALTIES MAY BE IMPOSED No. Section 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 per PUD#s: violation. Regulations: 2) Code Enforcement Board review finds a violation exists, a maximum fine of$1000.00 per day in the case Sections: of a first violation., as long as the violation remains, Dated: and costs of.rosecution. SE' U.S. Postal ServiceT.,, DESCRIPTION OF CONDITIONS CONSTITUTING'1'HE CERTIFIED MAILTh, RECEIPT VIOLATION(S). Er (Domestic Mail Only,No Insurance Coverage Provided) Did Witness: m ` Fordelivery information-visit our website at_www.itsps.corn;v Vegetation removed on an undeveloped property without I, N OFFICIAL USE obtaining the proper required Collier County permits. a' V1O p Postage $ O INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Certified Fee ENFORCEMENT INVESTIGATOR Jen Waldron — m Postmark Naples,FL 34104 Sig O Return Receipt Fee Here 2800 No.Horseshoe Dr.N aP O (Endorsement Required) (239) 403-2444 Fax:(239)403-2343 0 Restricted[lnrvnry Fee — (Endorseme Investigator signature �� Pru N Total Pos FERNANDEZ, FRANK Dat ru 11987 SW 6TH ST VIOLATION STATUS: -n Sent To MIAMI, FL 3318 4 1 E 2 1 • Initial ['Recurring Repeat Ref o Street,apt Case Nbr - 2006120290 - N or PO Box City,State, PS-Form3800 Augrfst2.005 _ SPeReverseiorinstruchon`s r r • r _ � Kr • � Y _ 1 lc: , -�,y' .. i - W r • 7 "': 7 A�< �' .t""^(r Q Q O } Z m 3 RV ❑ ❑ Y ❑ ❑ ', >. ' v ❑ o �. V E i d ,f ' 1 z E B 2 a m• d 1 Z - m v 'dJ ¢ U n '- ❑ ❑ ❑ ^� 1 U m v a T m w ' �l m-- = V lb ,._ �lm'n 1� d N ) O. v m 7 m y `1 m �lzs irJ > > cmi rn > p �i11LL l-s.H .J C m m IL m m c 4 a 4 = o ¢ rn 1t- v _ ¢ X m d 0- 11 fL ¢ U h`loo O �� m umi o _a E o m a o 0 i lx c, 0- O lm= Z E-0 m =m ti 1 O O m O E l U N r >'m �1 U f0'O 2. o n 1 Lu Q y y2 o H S O i 1 CO of �,m V. E N o D ' . _a C_ L �. r-I r-1 N . I L N U U -= co co c, � N ca --. r-N .`.O N O H r) N ' S 4 0 O a) -= v .b r1 I m g. E+ E O• w `m c ai N CI u.. 0 N C U p E. I Q 0 44 � �.�a i D r ' _.- p EEcL-gip v [zrn m E Z U °'a y¢ `O ¢ i w �� U Ll . ,'U) 0 ® ® ,- N 1 1 I ._ -- .�. 7 LAND DEVELOPMENT CODE COLLIER COUNTY,FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal;to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 7, OUR CASE NO. 3080-11 WARRANTY DEED-CORPORATION•INDIVIDUAL RETURN TO: , GULF BREEZE TITLE INSURANCE AGENCY t** 2269150 OR: 2380 PG: 1181 **x 2503 DEL PRADO BLVD., SUITE 402 CAPE CORAL, FLORIDA 33904 " :_ THIS INSTRUMENT PREPARED BY: -t= ::7:?.:: Marlene VanCleft I1 ;t • GULF BREEZE TITLE INSURANCE AGENCY ---- ° =' 2503 DEL PRADO BLVD., SUITE 402 -3: •`=? _.:: CAPE CORAL, FLORIDA 33904 ;{•;; PROPERTY APPRAISERS PARCEL IDa ""' 0000039659240005 --: :333:3 :73 :Si:eAV:3 :: THIS WARRANTY DEED Made the +tom -k:-r}r -t{ ",$7 AMERICAN PRIME GROUP, INC., A FLORIDA CORPURATic I t= A CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA AND HAVING ITS A/ 10' PLACE OF BUSINESS AT: 5805 Blue Lagoon Drive', R48U, Miami, FL 3i12 ya• f'{ HEREINAFTER CALLED THE GRANTOR, TO ; 41. FRANK FERNANDEZ WHOSE ADDRESS 1S: C/O AMERICAN PRIME GROUP. INC. 8510"1:0 5605 Blue Layoun Drive, 8480, Miami, FL 331:0 HEREINAFTER CALLED THE GRANTEE: (WHEREVER USED HEREIN THE TERM: "GRANTOR" AND "GRANTEE" INCLUDE ALL CITE PARTIES TO THIS INSTRUMENT AND THE HEIRS, LEGA1. REPRESENTATIVES AND ASSIGNS OF INDIVIDUALS AND DTT'HE SUCCESSOR`; AND ASSIGNS OF COKPURATIONS'' WITN£SSETFT: THAT THE " ' ' F�C .. „,,NSIDERATION OF THE SUM OF X10 0,_: AND OTHER VALUABLE CONS ONS, RECEIP "ift )E' IS HEREBY ACKNOWLEDGED HEREBY, GRANTS, E!ARGA ELLS, ALIENS, REM! , ELEASES, CONVEYS AND CONFIRMS UNTO THE GRANTEE, AL T '�2'L�AT14T 7 LAND TTATE. IN COLLIER COUNTY, FLORIDA. '.'I°_: The South "/S legit c t! _ } �} -- . - f o. 77 GOLDEN GATE ESTATES. Unit 60, according o to p h t c t IT Plat Book ", pagers' o_ in the Public Recor s f 'ol re o r F1 r a(I� �t Subject to Mortgage asl u ' �al edgrc)i k 2010, Page 1131, in the Public Records of C er ounty, Flori••., wh ch Lt/Grantee does agree to US.SU11IC and to pay the ba lan• ereof.The ass 'on x e e is $13,308.63. . 9 SUBJECT TO EASEMENTS, ' RICTIONS AND RE. OF RECORD TOGETHER WITH ALL THE :'NTS, HEREDITAM�• -. ) APPURTENANCES THERETO BELONGING OR IN ANYWISE - NINE. TO HAVE AND TO HOLD, THE SAME y' : E 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, 199), (CORPORATE SEAL) IN WITNESS WHEREOF THE GRANTOR HAS PAUSED 'THESE PRESENTS TO BE EXECUTED IN ITS NAME AND ITS CORPORATE SEAL TO BE HEREUNTO AFFIX.E:D, BY ITS PROPER OFFICERS THEREUNTO ATTEST: _ DULY AUTHORIZED, THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: AMERICAN PRIME GROUP, INC. Signat - - Print Na ` ' C .'A' V /. _rK.'J BY: .'t �. Signet - I JZ, JORGE LOPEZ, PRESIDENT Print Name"... ame� �� . �iin� v TWO SEPARATE WITNESSESS REQUIRED _ STATE OF FLORIDA COUNTY OF DADE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -'� DAY ,,F °' 197J"BY JORGE LOPEZ, PRESIDENT — OF AMERICAN PRIM GROUP, INC., A FLORIDA CORPORA'T'ION ON BEHALF OF THE CORPORATION. HE/SHE IS PERSONALLY KNOWN TO ME JR p.S PRODUCED �\ THE FOLLOWING TYPE OF IDENTIFICATION i _ _`_ -- IDENTIFICATION AND DID NOT TAKE AN OATH. ♦e~t•41,t CECII u M"EIIOOMO - /� w,I.,wtrrti.bn CC:41 1 Ten a-rr -C- 'Z��. .L�. `�-�� *,11=y # •I,t..QCt OS./1XN. SIG TURF iNOTF-RY A/BLl• } --- Sy - - -- _MY COt 6SIeN EXPTlLft PR INT NAME SEAL - SERIAL is A. COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Frank Fernandez Violation of Ordinance(s) 04-41 as amended Section 03.05.01(B) Jennifer Waldron, Code Enforcement Official Department Case No.2006120290 DESCRIPTION OF VIOLATION: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. RECOMIlVIENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ within 30 days of this hearing incurred in the prosecution of this case and abate all violations by: 1. The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 30 days or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 15 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plant material is installed. 2. 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F r 03/24/2008 — , „Ail , li Yid , OP 44x AIL: r Nik AN la .m & y�.. ms`q ii F PF M Y 4 v W S-,.. .,..t.,„ ' �a ,7-1, m py, tk r' a* > 03/24/2008 GLto� 7, _ 1 4'.0; Jr►• 03/24/2008 441;;;t 44,* - rc u �: to 913.111F 'T.4„4 03/24/2008 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Toys R US-Delaware, Inc., Tru 2005 Rei, LLC, Respondent(s) Case No. 2007100037 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 �-. Notice of Violation 3-5 Copy of Applicable Ordinance 6-8 Deed 9-17 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board �-� Case: 2007100037 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. TOYS"R"US INC, TRU 2005 REI, LLC,Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time, and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 5305 Airport Road North SERVED: TOYS"R"US INC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE .0"\ PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-880Q ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner - vs. TOYS R US-DELAWARE,INC(MGRM)(BUSINESS) AND DEPT CASE NO. 2007100037 TRU 2005 REI,LLC(PROPERTY OWNER) Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s) 04-41,The Land Development Code,as amended,Sec(s)02.02.03. 2. Description of Violation:Utilizing storage containers on property without county issued Temporary Use Permits. 3. Location/address where violation exists: 5305 Airport Road North,Naples Fl. 34109. 4. Name and address of owner/person in charge of violation location: TRU 2005 REI, LLC, Corp. Serv. Co. (Reg. Agt.), 1201 Hays Street, Tallahassee Fl 32301 (Property Owner) and Toys R US- Delaware,One Geoffery Way,Wayne NJ,07470(Business Owner). 5. Date violation first observed: September 2561,2007. 6. Date owner/person in charge given Notice of Violation: July 7th,2004. 7. Date on/by which violation to be corrected:July 8th,2004. 8. Date of re-inspection: October 18th,2007. 9. Results of Re-inspection: Recurring Violation. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereb certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Co ,ty \ode have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fr, a pu'slic hearing. Dated this 22nd Day of January 2008 A well T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw Io or a' Iles)and subscribed before this 22nd day of January, 2008 by V t ‘a1 e .. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X- or produced identification Type of identification produced NOTARY PUBLIC STATE OF FLORIDA Shirley M. Garcia ',,;'„- =Commission#DD501305 Expires: DEC.21,2009 BONDED THRU ATLANTIC BONDING CO.,INC. REV 3-3-05 2- COLLIER COUNTY CODE ENFORCEMENT r NOTICE OF VIOLATION Own r7 TRU 2005 RE I,LLC -- _ Date: _.10/25/07 ___ Investigator KITCHELL T. SNOW Phone: 239403-2493 "4) CORPORATION SERVICE COMPANY AS REGISTERED AGENT FOR: -1201 TALLAHASSEE,FL 32301-2525 [PROPERTY OWNER] Zoning Dist C5 Sec 11 Twp 49 Rng 25 Mailing: TOYS R US-DELAWARE,INC Legal: Block Lot ONE GEOFFERY WAY Subdivision WAYNE NJ 07470 Location: 5305 AIRPORT ROAD N,NAPLES FL Folio 00255091000 OR 3971 Page 4152 Book Unincorporated Collier County ORDER TO CORRECT VIOLATION(S): NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following You are directed by this Notice to take the following corrective Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- action(s) REMOVE ANY OUTSIDE STORAGE CONTAINER OR described location. ANYTHING USED FOR OUTSIDE STORAGE THAT DOES NOT HAVE A VALID COLLIER COUNTY PERMIT OR TEMPORARY USE Ord No. 04-4t THE LAND DEVELOPMENT Section 2.02.03 PERMIT. CEASE ANY FUTURE PLACEMENT OF ANY STORAGE CODE as amended CONTAINER WITHOUT THE VALID TEMPORARY USE PERMIT(S). Section ATF FEES OF 2X THE AMOUNT OF THE NORMAL PERMIT ARE TO ❑Ord No. APPLY START DATES ARE FROM 9/25/07 UNTIL REMOVAL. MAINTAIN THE PROPERTY SO AS TO BE IN COMPLIANCE WITH DOrd No. Section THE LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER ❑Ord No. Section COUNTY ❑Ord No. Section ❑Ord No. Section �\ nSupplemental attached ESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). vid Witness: ON 9/25/07 (4- OUTSIDE STORAGE CONTAINERS AND 1-TRAILER USED FOR STORAGE THIS IS CONTRARY TO THE COLLIER ON OR BEFORE: NOVEMBER 25TH 2007 COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that Supplemental attached may result in fines up to$500 and costs of prosecution. OR ORDINANCE 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SER D BY: onal Service ['Certified Mail ❑Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ❑Fax ['Mail ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No.Horseshoe Dr.Naples, FL -1 04 i ture and ltle of Recipien (239) 403-2314 Fax:(2 9)403-2493 4.--int Investigator signature � _ ai"tir\ '2A nr dY'4 n(e VIOLATION STATUS: Dated this day of OCTOBER 2007 1E]Initial ['Recurring ❑Repeat Notice of Violation ( rieinal to File Cnnv to Recnnntient Cnnv for Site Pnctina Cony for Official Pnctina Rev 4104 3. • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. K 1 ❑Agent _ ■ Print your name and address on the reverse X ( ," ' Yti' t �lL ❑Address( so that we can return the card to you. B. Received by(Panted Name) C. Date of Delive n ■ Attach this card to the back of the mailpiece, - or on the front if space permits. D. Is delivery address different from item 1?__ ❑Yes 1. Article Addressed to: If YES,enter delivery address below: `0 No TOYS "R" US—DELAWARE, IA ONE GEOFFERY WAY WAYNE, NJ. 07470 S= ice Type IVA Certified Mali ❑Express Mail Case Nbr — 2007100037 • -egistered ❑Retum Receipt for Merchandit ❑Insured Mall ❑ C.O.D. — — — 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 7006 2760 0003 7684 4910 AO V O c1 ( --7(1) PS q� PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15 }.`U.S. Postal Service `,CERTIFIED MAIL. RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) 1-9 For delivery information visit our website atwww usp"s comp r74 e% t c' ,: Postage $ Certified Fee Postmark m Return Receipt Fee O (Endorsement Required) Here p Restricted Delivery Fee (Enc' O —I] Tc TOYS "R" US—DELAWARE, ID r- ONE GEOFFERY WAY ru Sen WAYNE, NJ. 07470 Q Stre Q orf Case Nbr — 2007100037 N City .PS Form 3800,Aug ust2006 See Reverse',Tar Instructio 4 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si•nature item 4 if Restricted Delivery is desired. + ❑Agent • Print your name and address on the reverse X / .1 L 1 ❑Addressee so that we can return the card to you. B. R- rived by difggiVame) C.Date of Delivery • Attach this card to the back of the mailpiece, rim V f or on the front if space permits. 1 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No TRU 2005 RE I, LLC CORPORATION SERVICE CO. =sr tg•r„ REG. AGENT FOR 1201 HAYS STREET 3. S ceType TALLAHASSEE, FL 32301-2_` ified Mall ❑Express Mail -2 c07/00 _ ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. a 7013 22tia:i A:8:474927 i✓1tl�Jtr!ly t��tNtrl�i 11 �titLftb rl PS Form 3811,February 2004 Domestic Return Receipt 102595-0-M-1 . ; U.S:Postal ServiceTrt CERTIFIED MAILTt,, RECEIPT. h (Domestic-Mail Only;No Insurance Coverage Provided), ru rr For delivery information visit our website at:www.usps_.com OFFICIAL USE Postage $ rs -a Certified Fee m Postmark Return Receipt Fee Here (Endorsement Required) O ED Re (En p TRU 2005 RE I, LLC Tc CORPORATION SERVICE CO. REG. AGENT FOR ru Sen 1201 HAYS STREET Stre TALLAHASSEE, FL 32301-2E a orF �L�'c:7�0003 7 - N City,bate,rrr+4 F?S Form 3B0(Y August 2006 : _See Reverseforinstructiclg �1 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A".The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 MEM9RA DUM Community Development& Environmental Services Division Planning Services Department - Current Planning Section To: Planning Department, Building Department & Code Enforcement Staff Through:Ed Perico, Director, Building Review &Permitting;Michelle Arnold, Director, Code Enforcement From: Susan Murray, AICP, Current Planning Manager Date: 2 October 2003 Subject: Industrial Storage Containers, (ISO Shipping Containers) ISO (International Standards Organization) shipping containers,more commonly called industrial storage containers, are being used for storage in a variety of locations, some legally, some not. Since these containers are not structures as such, and do not require building permits, there are technically no circumstances under which they can be permitted on a permanent basis;however, their use for an extended period will be allowed under certain circumstances. This memo describes those circumstances. One (1) storage container maybe used on a non-residential site in conjunction with a Temporary Use Permit for a sales event, for a maximum of 28 days each year. The location of the container will be such that it does not interfere with required parking, landscaping, site circulation or fire apparatus access, subject to the current procedures used to review temporary use permits. Otherwise, containers used for temporary storage on commercial or industrial sites must be located within a building or within an approved, enclosed outdoor storage area, so long as the property is located in a zoning district where such use is permitted(C-4, C-5, Industrial, and commercial/industrial tracts of certain PUDs). An appropriate site plan showing the location of the containers must be provided. The nature of the site plan (SDP, SIP, conceptual plan)will be determined at a pre-application meeting, and will be based on various factors including the zoning and number of containers involved. Containers used on a construction site in conjunction with an approved building permit r-� and/or development order may be located on the site until a certificate of illy ' III 7 occupancy/completion for the work has been issued, or the building permit has expired. The container must be removed within 14 days of the relevant date. Containers used in conjunction with a bona fide agricultural use in the A (Agricultural) zoning district may be located on property consisting of at least 5 acres, so long as these containers meet the required setbacks for permanent structures and do not encroach into any road right-of-way or easement. Containers may not be placed on property in any residential district, as described in LDC Sec. 2.1.14.2, or in the E (Estates) district unless they are to be used on a construction site as described above, since placement of industrial storage containers does not constitute a use"accessory and incidental" to permitted uses in these districts. /i• A.-).�-` ` 3774303 OR: 3971 PG: 4152 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/26/2006 at 01:1211 DWIGHT E. BROCK, CLERK \ - RBC FEE 78.00 AN 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 ST AL IS BEING EXCHANGED FOR THE TRANSFER OF THE PROPERTY P 0 BOI 800 HACKENSACK RD 07602 0800 1 a Prepared under the superviskdn9 ocal counsel by an I e I recorded, return to: Ivette P. Alvarado, Esq. @ Cale, h _sel Fo & on. d P.A. 25 Main Street,P.O. Box 80 ,H.ckerisa . N 0760-000, ( 1) '89-3000 Site/Store#: 13)\-7 Naples, Collier County,FL ; +. i J 1' `-E Real property tax bills to b to: Grantee (;, Instrument: 4/E CIS � 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. K!E 10757564.2 Y. 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: iR CO All right, title and interest (if . • fa • r/t antor m :1#:), . y streets and roads abutting the Premises to the center line the ot... well as any gaps, • • gores on, around or within the Premises. Together with: All right,title and interest( Cf r o in •• % • s, • -re,i ents and appurtenances,and all of the estate and rights o To have and to hold: o The Premises herein conveyed e Grantee, its succ d assigns forever. Warranty as to the Premises Con e4%..._ i�; , C Grantor covenants with Grantee that (a) lly seized of the fee simple title, (b) the F--� 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 f (-137"--- Name: (r o, By: ame: D1 u ;Cl. r. P.'Co f \A-Z e President Witness#2: • By: ... c A.�. t I.��;.�+ _ \ Name: ;�illic 1'Li1►°y( ...,,,-,K,.. ,i,:, 'it jicr cD 2� C1-9-� [CORPORATE SEAL] °.i''r.. `�° y..'.•‘,......, `s?;•• iii-• .,d �', `'.t/) ._ ._ CJ's . .�'I 1 .. _. _. /1 OR: 3971 PG: 4155 STATE OF NEW JERSEY ) n ): ss COUNTY OF 04 s.. -i C ) On this 9)14. day of November, 2005, before me, the undersigned officer, personally appeared, I. ' U,d P. P71 ca-TL— , who acknowledged herself/himself to be i`( e nf'•es,pt en 1 of 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 -..o vse , • -. d and official seal. Signature: ._re A''...14_00M • ffix Notarial Seal) t ... IA,RY M ETA �• -7, k;' A Notaryl Publi 1 . rs, k.,•:"..,': . ' Print Name: M'Comma.sion .it 20a = ' > .•:" ,fit`.'.c-. '� 4 =11 . 4 '•)-; ;x � CW- -' i 1 OR: 3971 PG: 4156 Exhibit A Premises - see annexed- 0 4k) 41E CIS OR: 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 Iine 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 .. rjte •�CJ-1 ds West 250.00 feet to the Point of Beginning of the parcel herein described. ' s1.. �- .>„�, Bearings are based on the South line ti .-• ection 11 being South :' ifegr- s 35 minutes 20 seconds West. Together With easement rights as fo i cal Easement and c. ra'on Agreement recorded in Official Records Book 2187,Page 1056,a•am dedsbtruments e� dr ed in O=rcia Records Book 2369,Page 2363 and Official Records Book 2396,Pag- 329:, • - pu. rec. • • S. • nty,Florida. Also Together With easement ri• is a. - fo m 1 • se'. fit eco ed in Official Records Book 1080,Page 542,of the public rec.rds • lollie C un;y, Q /4 • OR: 3971 PG: 4158 Exhibit B Permitted Encumbrances - see annexed- CCUPW , - rirE CIS z,. OR: 3971 PG: 4159 874• Naples,Ft Excep lions - 1. Defects,Seas,enctanbrances,adverse claims or other matters,if any,• —.■•. appearing in the public records or asachirg udisemeent to the effective date hereof but prior to the•-- . proposed loaned acquires for value of record the estate or interest or mortgage thereon covered by this r+. ,•. . ,. 2. Taxes and assessments for the year 2005 and - • -.; years,not yet due and payable. 3. Easamems or claims of easements not .. , • the Public Records,boundary fine disputes,overlaps,encroachments,and any as not of record which would •. . ..-, by an accurate smutty and inspection of the premises. [NOTE To be deleted open receipt of new sun-. 4. Rims of parties in--- other than the record owner,as set forth on Tenant List attached hereto. (NOTE:Tenant List to be provided.] 5. Any lie,or:. to a best,for services,labor,or materials heretofore or hereafter furnished,imposed by law and not shown by die • Records. 6_ lie provided by Chapter 159,Florida iktforgbf ? unpaid.°fir to page or port authority for paid service _. bw fe•.w..,w�J....� ..ut4.wn..w �j/'' �#x-.._ 7. Terms,conditions and provisions of.- • 1'� - , and Operation - {. in Official Records Book 2187, Page 1056,as amended by i . - •., • Records Book 2369, .---•_a 73 and Official Records Book 2396, page 3298• 8. Tams,coalitions,provisions and - as - }, Declaration of Easement recorded in Official Records Book 1080.Paget. . 9. Agreement by and between Pine j 'iss• - f Collier County recorded in Official Records Book 1150,Page 1 ' 10. Pine Ridge Industrial Park Area .`"-„ ,is Assessment District ' ', lotion No.8 recorded in Official Records Book 1153,Page 43 L. L.A 11. Ease meat for storm water drainage. , drainage retention area, - 1; ..- rights as more particularly set out • and created by that catak Grant of ` in Official Records :.• Page 999 and re-recorded is Official Records Book 1205,page 2179. 12. Easement to construct,operate and maintain .! - "' ► .,. ,. . .:together with ether rights as are more pariiadarly set out and created in United Telephone • Easement recorded in Official Records Book 1223, Page 40. 11 Exclaim canaaeat for construction and maintenance of sidewalk as set out and seated by that certain Easement recorded in Official Recalls Book 1176,Page 1966. 14. Covenant of Restrictions recorded in Official Records Book 1178,Page 981. • 15. Eases for ingRess-egress rights and maintenance obligations as created by that certain Easement Agreement recorded in Official Records Book 117*,Page 990. 16. Easement to construct,replace,renew and maintain water fine main or facility together with necessary valves and appertaraaoces and to remove,reps,repair and enlarge said fine together with other rights as created by that certain Ridgepart Plaza Water rmeline Easement recorded in Official Records Book 1236,Page 652. 17. Covenants and Restrictions as recorded in Official Records Book 1248,Page 1414,as affected by Termination of Restrictions recorded in Official Records Book 2747,page 1555. 18. Easermean for construction,installation and maintenance for sewer fealties as recorded in Official Records Book 1260,Page 722 19. Lease for sewer facilities as recorded in Official Records Book 1260,Page 727. 1g 2141-FL 20. Easement for ingress,egress,parking and utility purposes and storm water drainage,maintenance obligations and covenants and restrictions and other provisions as set forth in Declaration of Easements,Covenants and Restrictions recorded in Official Records Book 1314,Page 862. 21. Easement for ingress,egress,parking,utilities and steam water drainage,maintenance obligations and covenants,restrictions, tams,and other provisions as set forth in 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 Roll recorded in Official Records Book 2120,Page 1973. 24. Liffey Easement Agreement recorded in Official Records Book 1568,Page 1530. 25. Resoimioa No.91-300 as oeoordod in Official Records Book 1607,Page 363. 26. Resolution No.93-289 as recorded in Official Records Book 1151,Page 1533. 27. Restrictive Covenants:as recorded in Official Records Boot 2193,Page 699,as affected by Termination of Restrictive Covenants recorded in Official Records Boot 2747,page 1555. 28. Easement in favor of Florida Power&Light Company recorded in Official Records Book 2224,Page 1212. 29. Utility Easement as recorded in Official Records Boot 2236,Page 1965,as affected by Bill of Sale recorded in Official Records Book 2236,page 1961 and Utility Facities W +__ recorded in Official Records Book 2236,page 1969. �� CO ` GQ • r- _ A,-, Iwo I v, >F COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007100037 Board of County Commissioners, Collier County, Florida vs. (Respondents) Toys R US-Delaware Inc One Geoffery Way Wayne NJ, 07470 Business Owner) Tru 2005 REI, LLC Corporation Service Company 1201 Hays Street Tallahassee, Fl 32301-2525 (Property Owner) Violation of Section(s) 2.02.03, 04-41, The Land Development Code, as amended Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007100037 DESCRIPTION OF VIOLATION: Illegal land use by utilizing storage containers without the required Temporary Use permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Obtain a Temporary Use Permit for the allowable storage containers for said property within 10 days of the date of this hearing or a fine of$ 250.00 a day will be imposed until such time as the container(s) are removed or permitted. 2. Obtain a Temporary Use Permit for the container displayed from 9/25/07 until 10/8/07 and from 10/10/07 until 10/23/07. After the fact permit fees of 2 x the amount of the normal permit are to apply. Obtain all permits with 10 days of the date of this hearing or a fine of$150.00 a day will be imposed until such time as the permits are obtained. 3. Do not exceed the number of allowable containers on said property nor the yearly days allowed for such display. Cease any use not specifically identified in this zoning district as a permitted use, conditional use or accessory use and comply with all provisions of the Land Development Code of Unincorporated Collier County. REV 2/23/06 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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. p O DONE AND ORDERED this Le day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA / BY: / s era d LeFebvre, t��air - / 2800 North Hor shoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this Z. day of 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. ... ; - go— Yvs;vcittas,Li, ►i�of\/rV\ y ".P'••• KRISTINE HOLTOt, 11 ,., MY COMMISSION N DD 686595 ,., MY COMMISSION k DD • �p,1u 11 PUBLIC dn �e NOTARY PUB .; ; EXPIRES:June 18,2., � My commission expires: 4',Ra Bonded rnN Notary t ti-,-_ 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 JerAy 07470 and TRU 2005 REI,LLC,Corporation Service Co., 1201 Hays Street,Tallahassee, FL 32301 this Z"° day of 1 ,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 C,' - 3774303 OR; 3971 PG; 4152 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/26/2006 at 01:12PM DWIGHT B. BROCK, CLERK REC FEE 78.00 THIS DEED TRANSFERS UNENCUMBERED PROPERTY DOC-.10 .70 FROM THE GRANTOR TO A GRANTEE WHICH IS A WHOLLY R2tn:EIPRESS/UPS OWNED AFFILIATE OF GRANTOR,AND NO CONSIDERATION COLE SCHOTL ET AL IS BEING EXCHANGED FOR THE TRANSFER OF THE PROPERTY P 0 POI 800 HACKENSACK NJ 01602 0800 • Prepared under the supervisi s n ' /ocal counsel by an• 'e recorded, return to: Ivette P. Alvarado, Esq. @ Co e, i • •, • 'sel Fo n. & ■-on. d P.A. 25 Main Street, P.O. Box 80,,,H.ckerisa N 0760 -1800, ( 11) '89-3000 Site/Store#: -41Th' Naples, Collier County, FL • ;fir' ' 1' Real property tax bills to b kr to: Grantee 0 Instrument: 41E CIRC�� 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. K*E 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 CO } All right, title and interest (if • �: antor m ;..,• y streets and roads abutting the Premises to the center line the c well as any gaps, . • gores on, around or within the Premises. Together with: All right,title and interest(if. , f • , • in • .Z. . � re i . •ents and appurtenances,and � ; all of the estate and rights o . J To have and to hold: ; 0 �v The Premises herein conveyed • e Grantee, its succ _ . . , ,d assigns forever. •• o1`S• Warranty as to the Premises Con• e.0'.►-5�7. �,• . Grantor covenants with Grantee that (a) c `�•4� : ' ly seized of the fee simple title, (b)the F--� 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 t (.v, Name: U(k Lo By: ame: DC&u ;Ci. h, PICUf' � R C�' � � • e President Witness#2: ; By: . #. A.W. Lc' - Name: :L1: 5`1'1�'Ni1i TW F., A_) c.)CZ c.....) 71--/E [CORPORATE SEAL] 'i V.1 •. �.t/) ;'Y, .. _ _ //. OR: 3971 PG: 4155 STATE OF NEW JERSEY ) ■ n ): ss COUNTY OF IB4 S. , c ) On this 9)141. day of November, 2005, before me, the undersigned officer, personally appeared, 1.G7 U,C P. P •C O 1` , who acknowledged herself/himself to be //I( e P r .e ,OI en 1 of 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 = we' -. d and official seal. Signature: •_A.r .•J.4_174%4 ffix Notarial Seal) M RYM ET , i. ,,�.', Print Name: 'Comm! Sion o ••�•: t V5 Q -, Op (-0 C1i OR: 3971 PG: 4156 Exhibit A Premises - see annexed- \OR CO IC 0 ''!"V 74,e_ 4k) G) CIE CIR OR: 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 qte i'T cis West 250.00 feet to the Point of Beginning of the parcel herein described. • �r ii��-- L j�T ,,�' Bearings are based on the South line 4 . • ection 11 being South :' ter s 35 minutes 20 seconds West. Together With easement rights as s• fo • - • al Easement and Cs era on Agreement recorded in Official Records Book 2187,Page 1056,a ameride• truments re • •ed in 0 i icia Records Book 2369,Page 2363 and Official Records Book 2396,Pag 329:, • pu•-. ec• • • a• • • nty,Florida. Also Together With easement ri: is a. - fo in 1.-a % +u- t eco ed in Official Records Book 1080,Page 542,of the public rec•rds •011ie Coun y, • 0 -) Off, ��`� 11-E CIR OR: 3971 PG: 4158 Exhibit B I Permitted Encumbrances -see annexed- G r..,, cic--- () ir. CIE CIR I i 1 .• • _.._ OR: 3971 PG: 4159 874 Naples, Ft Exceptions - L Defects,Cans,encembaances,adverse claims or other martens,if any,- — - appearing in the public records Cr g' to the effective date hereof but prior to the• • .• proposed iosaed acquires for vane of record the estate or i a mortgage thereon covered by this •,• ',•. - 2. Taxes and assessments for the year 2005 and - • -.. years,not yet due and payable. 3. Easements or claims of easements not •• , • the Public Records,boundary line apses,ovalaps,encroachments,and a n y matters art of record which • • • - . .--. by an accurate survey and inspection of the premises. [NOTE: To be deleted epos receipt ofnew - 4. Rights epodes in • • other than the record owner,as set forth on Tenant List attached hereto. [NOTE: Tenant List to be provided.) 5. Any lien,or to a lien,for services,labor,or materials heretofore or hereafter banished,imposed by law and not shown by die • Records. 6. • lien provided by Chapter 159,Florida• • '� Iii! or port authority for=paid service •7. Tams,conditions and provisions of'- • �r - and Operation _ \xaded in Official Records Book 2187, Page 1056,as amended by i •- • •„,. Records Book 2369" , •_ 63 and Official Records Book 2396, Page 8. Terms,concretions,Fovisioos and . -!% as ,.,.. • 'on of Easement recorded in Official Records Bork 1080,Page• 2. 9. Agreement by and between Pine e 117 : - of Collier County recorded in Official Records Book 1150,Page 138; . 10. Pine Ridge Industrial Part Area '7.4-•-.is Assessment District :r;-�lotion recorded in Official Records Book 1153,Page 431. `- • i i. Eouemeat for storm water drainage. draiBage reteodoa area, ,- - ., •- rights as more pertioshriy set aid and seated by that certain Grant of d.. -. in Official Records :•• . Page 999 and re-recorded la Ofacial Records Boot 1205,page 2179. r 12. Easement to construct,operate and maiotaia �,, - 'a► ,• . ... ..tower with other rights as are more pankularly set out and created in United Telephone e^'�** Easement recorded in Official Records Book 1223, Page 40. 13. Ettebise casement for coashuction and maw of sidewalk as set out and created by that certain Easement recorded in Official Records Book 1176,Page 1966. 14. Cowman of Restrictions recorded in Official Records Book 1178,Page 981. 15. Easement for ingress-egress rights and nesintenance obligations as seated by that certain Easement Agreement t recorded a Official Recalls Book 1178,Page 990. 16. Easement to construct,replace,renew and maintain water line main or faa'lity together with necessary valves and aPPadealakess and so remove,rePlace,aPh and college mid One together with other rights as created by that certain Ridgeport Plan Water Pipeline Easement rounded in Official Records Book 1236,Page 652. 17. Covenants and Restrictions as recorded in Official Records Book 1248,Page 1414,as affected by Termination of Restrict' recorded in Official Records Book 2747,page 1555. I8. Easement for construction,installation and mairnoemmee for sewer fa:Tidess as recorded in Official Records Book 1260,Page 722 19. Lease for sewer facile as recorded im Official Records Book 1260,Page 727_ qg - 1/ 2749-FL. 20. Easement for ingress,egress,parking and utility purposes and storm rates drainage,maintenance obligations and covenants and restrictions and other provisions as act forth in Declaration of Easements,Covenants and Renrictioos recorded in Official Records Book 1314,Page B62. 21. Easement for ingress,ewes;parking,utilities and worm WNW drainage,maintenance obligations and covenants,restrictions, terms,and other provisions as set fords in Declaration of&snows,Covenants and Restrictions recorded in Official Records Book I374.Page 196. 22.-Laleationalipslelest■ 23. Resolution No.95-6*approving and certifying the Solid Waste Collection and Disposal Special Assessment Ran rounded in Official Records Boot 2120,Page 1973. 24. Utility Easenteat Agreement recorded in Official Records Book 156E,Page 1530. Resoktioe No.91-300 as recorded in Official Records Book 1607,Page 363. 26. Resolutien No.93-289 as mantled in Official Records Book 105 1,Page 1533. 27. Restrictive Covenants as recorded in Official Records Book 2193,Page 699,as affected by Termination of Restrictive Cove recorded I Official Records Book 2747,pap 1155. 21. Easement in favor of Finish'Power&Light Company recorded in Official Records Book 2224,Page 1212. 29. Utility Easement as recorded in Official Records Book 2236,Page 1965,as affected by Bin of Sale recorded in Official Records Book 2236,page 1961 and Utility Facilities W - - recorded in Official Records Book 2236,page 1969. RCQ • n y • c=> • '7I1E •-•CS .1=1. Cr% CZ=> ,C- >4• 'a. it • • , . , COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ascenstion Inc, Respondent(s) Case No. 2007100552 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-14 Deed 15-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007100552 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. ASCENSION INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION: 721 15th ST Immokalee, FL SERVED: ASCENSION INC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007100552 ASCENSTION INC(Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 10.02.06[B][2][a], 10.02.06[B][2][d][ix]and 2004-58,The Property Maintenance Code,as amended, Sec(s) 16[2][i] and 16[2][j]. 2. Description of Violation: Sign erected without proper permits. 3. Location/address where violation exists: 721 N 15TH Street,Immokalee Fl(folio 75210040005) 4. Name and address of owner/person in charge of violation location: Ascenstion Inc, Mohan Raj,As Registered Agent For:4869 Southern Blvd,West Palm Beach,Fl 33415 5. Date violation first observed: October 10th,2007. 6. Date owner/person in charge given Notice of Violation:November 261,2007. 7. Date on/by which violation to be corrected:December 26th,2007. 8. Date of re-inspection: January 3`d,2008. 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Co.e have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board f. a pub c hearing. th Dated this Day of iC-s- 2008 111M1F1 T Snrr Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a'i ed)and subscribed before this I c1 day of 6--k , 2008 by I L.lc-I-A—/---'L _ Y (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced is ODJWG1SOgOLL.kV'IZVn2IHZanis a 6002 IZ'3�Q :sasrdxg-,••.,,,,,.,: SOEIOSQQ#uorssrru[uo ..e� er�ae� 'YlI �falargs �' • - h0TARY PtBLIC-STATE OFFLOY�1 0 d0�ZHZS OTIfL1dd2l6yp _ .",,• Shir] REV 3-3-05 V 114,`Commi sloe#DD501305 ''� •'Expires: DEC.21 2009 BONDED TRW:AMA/MC BO\'DING CO NC. 2 . sass rw,uoer <vvi I COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION "jiver. Date: 10/18/07 Investigator KITCHELL T.SNOW Phone: 239-403-2493 MOHAN RAJ AS REGISTERED AGENT FOR: ASCENSION INC 4869 SOUTHERN BLVD WEST PALM BEACH FL 33415 [PROPERTY OWNER] ASCENSTION INC 721 NORTH 15Th STREET IMMOKALEE FL 34142 [BUSINESS] Zoning Dist RT Sec 32 Twp 46 Rng 29 • . Legal: Block Lot Subdivision Location: 721 N 15'"STREET,IMMOKALEE Folio 75210040005 OR 2870 Page 2854 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended,you are notified that a violation(s) of the following Collier County Ordinances)and or PUD Regulation(s)exists at the above- You are directed by this Notice to take the following corrective described location, action(s) OBTAIN PERMITS FOR SAID GROUND SIGN(S) IF ATAINABLE OR REMOVE. ALL INSPECTION THROUGH CO MUST Ord No. 04-4L THE LAND DEVELOPMENT Section 10.02.06[b][2][a] BE COMPLETED WITHIN 60 DAYS OF ATF PERMIT ISSUANCE. IF CODE as amended REMOVED, PAINT WALL TO COVER ANY SHADOWING CREATED Ord No. 04-41 THE LAND DEVELOPMENT Section 10.02.06[b][2][d]i FROM SIGN. ATF FEES OF 4X THE NORMAL AMOUNT ARE TO .. CODE as amended _. _ _ x] --APPLY. CEASE PLACEMENT OF ANY SIGN NOT IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE OF UNICORPORATED / Ord No. 2004-58 THE PROPERTY Section 16[2][i] COWER COUNTY AND THE PROPERTY MAINTENANCE CODE. MAINTENANCE DUDE as amended „IOrd No. 2904-58 THE PROPERTY Section 1612E MAINTENANCE DUDE as amended f 1Suoolemental attached DOrd No. ,as amended Section DOrd No. ,as amended Section ON OR BEFORE: DECEMBER 26TH 2007 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: • 1) Mandatory notice to appear in court or issuance of a citation that Did Witness: may result in fines up to$500 and costs of prosecution. OR ON 10/8/07 1- GROUND SIGN ,COPY READ IMMOKALEE INN 2) Code Enforcement Board review that may result in fines up to INSTALLED WITH OUT FIRST OBTAINING A VALID COLLIER $1000 per day per violation, as long as the violation remains, and BUILDING PERMITS.THIS IS CONTRARY TO THE COLLIER COUNTY costs of prosecution. - LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. 5 D BY: f—)Suoolemental attached al Servi - . • ❑Posting of Property 4 ❑ :Nail / / INQUIRIES AND COMMENTS SHOULD BE DI- - D TO CODE �I�sr: ENFORCEMENT KITCH= L T. NOW Sr. - T and Title of-ecipient 2800 N .Horses f ,1 Ps D 1 2800 No.Horseshoe Dr.Naples,FL 3411- �(' U�T {� �' (239) 403-2314 F. 2.9)40 •493 /,/T*rnt Investigator signatu : /ik Dated this 26TH NOVEMBER 2007 lip.......... _'� day of VIOLATION STATUS: ®Initial ❑Recurring ❑Repeat i Nntice of Vinlatinn Orivinal to File rimy to Recnnncient (`.nnv fnr Site Pnctinv rnnv fnr Official Pnetinv Rev 4/04 ,----. § a �-- $ .2' .6 f # . )33- 00 $ R �� 2 0 § CE \\ © - D \ g s. Z. ;\ ��� te\ § ' 22 § \ = if i __ � � \ ■ / § \ ƒ 7 � � . Lu # ; 0 � U � C) 7 ƒ � _ - \ co \ $ [ O❑ & cc \ a x ai 3a . . n , ¥ m ' _ / q c p_ m ) (D § ƒ E e a q o S 3 , e 3 § 822 22 6 u_ \ 8�2a£ 0 -I r r1 $ 22 °7�\ co U E:3 V- C') 2 k 2 E U W w 1:3 § ® e22- e © - W c c @ N 2 \ k . z 2 3 2 q - m ®2 -2R - ! « O a .0 \ i1ii8g 0 q k N \ -2 L. 7 W 2 c0 iant � �f � 702 > R N 7 Q e §E e o - rt « .1 R q o Z C3aaBKb k » � CO _ • �- � 4 C z m • CD CD CL rn CD U) 'D m m Cr CD CO 1 P O O -� m gyp'R r. C Z ox° 3 0 a wx� °- _ _ m J.. CO A 4 r cfl — —� O — — y r. F 0 P 13 _ _ s mN Ei cr x0 X p w • J i Q 51 ,,L3 466?ea � 13 l OC1 ' 1 tel ORDINANCE NO.2004-58 .."—..\ `�� 015}, ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA �eereiz F COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILD GS; PROVIDING FOR STANDARDS FOR THE REPAIR \OR DEMOLITION OF HAZARDOUS BUILDINGS BY T E COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR • • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING r ' , . FOR NUISANCES; PROVIDING STANDARDS FOR SECURING rr-T BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING ;;.-.7: cn REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY r'' 1.. THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING cnF .) = FOR A NOTICE OF HEARING FOR REVOCATION OF rn , BOARDING RENEWAL CERTIFICATE; REPEALING .-, COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- ro„ ry 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL =x-1 N CONSTRUCTION; PROVIDING FOR INCLUSION IN THE a°rn — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect:and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS if a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. 1. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 7 i. Every supplied facility,piece of equipment or utility which is required under this chapter • \ shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment: Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 8. c. Every owner of a building,structure or lot,previously improved or occupied,shall grade ^` and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. I. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 '7• TABLE INSET: ,.� Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 18 months—First Phase 30 months 2 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months—Third Phase 18 months--First Phase 54 months 4 30 months--Second Phase 42 months—Third Phase 54 months--Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 /O. growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information ^ required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library4.milnicode.com/default/DocView/13992/1/66/68 1/28/2008 1/, construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration.permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 l2 approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://library4.mi inicode.conildefaultlDocView/1 3 992/1/66/68 1/28/2008 !3 the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approvals may or may not include, but are not limited to: a. Building permits. (Except in accordance with section 4.06.04 A. of this Code.) b. Special treatment (ST) development permits. c. U.S. Army Corps of Engineers permits or exemptions. d. Florida Department of Environmental Protection permits or exemptions. e. U.S. Fish and Wildlife Service permits or exemptions. f. Florida Fish and Wildlife Conservation Commission permits or exemptions. g. South Florida Water Management District permits or exemptions. h. Other applicable agency reviews or permits or exemptions. i. Other county approvals. 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: i. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions http://library4.miinicode.com/default/DocView/13992/1/66/68 1/28/2008 /4 2837206 OR: 2870 PG: 2854 RECORDED in OFFICIAL RECORDS of COLLIER COURTF, FL 06/06/2001 at 0I:1SAM DNIGRT I. BROCE, CLERK r COBS 1100000.00 THIS INSTRUMENT PREPARED BY: R#C FEE 10.00 DOC-.70 1700.00 Thomas K.Boardman UM BOARDMAN&SPILLER,P.A. BOARDRAM SFILLER 17 AL 1400 North 15th Street,Suite 201 1400 1578 ST I #200 Immokalee,Florida 34142 I1tM III FL 34142 Parcel I.D.No.: 752100400005; 752100800007 THIS SPACE FOR RECORDING DATA WARRANTY DEED THIS INDENTURE,made this i day of August,2001,between IMMOKALEE INN, INC.,a Florida corporation,Grantor,wh.- . N 15th Street,Immokalee,Florida 34142, to ASCENSION, INC, a Florida c. =o . _. • mailing address is 4869 Southern Boulevard,West Palm Beach,F •fit ,15. 2' WITNESSETH, that e 1r.. _•r or -•• .• • iderati.n o the sum of TEN DOLLARS AND NO/100 AND OTHE• GOOD . D • • • :LE ONSI D E' • TIONS,to him/her in hand paid by the Grantee,the rec ipt es ''2.,• -• ; as • ted,bargained,and sold to the Grantee,his/her hei and signs,o r, : a:�.es.ribed land,situate,and being in the County of Collier,Stat-61'jFlo&Allt t-., The East 180 ,.s., • Block 1,SUNNY • 4 `,a• • • ng to the map or plat therco VIZ e and recorded in • > c .1 the Clerk of Circuit Court,r vih • oy'a Plat Book 3,Pa: ' e Public Records of Collier County, • d& c c3 This conveyance is subject to easements,restrictions,and reservations of record,as well as to taxes for the current year. TO HAVE AND TO HOLD in fee simple forever. And the Grantor does hereby fully warrant the title to said land and, except as above,will defend the same against the lawful claims of all persons whomsoever. /5 utt; coin rv, LOJJ ""° IN WITNESS WHEREOF,the Grantor has hereunto set his/her hand the day and year first ,---. above written. Signed and delivered in the presence of: IMMOKALE° - NC., a Florida,bo / �' (S / G,w (..-4 ,.,i c,� lip. By: W A 1 . :' 4 I (Print) /I e. / he 1.r.(gin,. ' ck : 'dent (Si gn Attest: w, � (Print - ark Thomas,Secretary . STATE OF FLORIDA } } COUNTY OF COLLIER ) v,R CO 0- The f o r e g o i n g instrum ` ; • owledg-. . }• 's_L:of August,2001,by RICK SUGGS, as President and A'-. HOMAS, as Score # of IMMOKALEE INN, INC., a Florida corporation - - r - -� _ •-\_-----._ ._.. .. . .. . .. . . produced Florida Driver's License No as identification. u fag, ;,_,' z' TAR •:LIC remaAM.r�+a� t ; I'ri die , • n1 e+' r, m A t-7:;.-I! %gay NW-note al Raid° ',,k,.,),_ _ ,„.,,-\''S,, - E CIy.- ■ 1: czeriffaice nom e,""•••, CAlamp■DeediVacerioa.wpd /' COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007100552 Board of County Commissioners, Collier County, Florida vs. ASCENSION INC MOHAN RAJ AS REGISTERED AGENT FOR: (PROPERTY OWNER) Violation of Section(s) 04-41, The Land Development Code, as amended,section, 10.02.06[B][2][a], 10.02.06[B][2][d][ix] and 2004-58, The Property Maintenance Code, as amended, section(s), 16[2][i] and 16[2]U]. Kitchell T. SNOW, Code Enforcement Official Department Case No. 2007100552 DESCRIPTION OF VIOLATION: Sign erected without proper permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Obtain permits for said sign or remove within 14 days 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. 2. 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. 3. Cease displaying any sign that is not in compliance with and accordance to the Land Development Code. 4. The respondent must notify the Code Enforcement Investigator, within 24 hours, when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007100552 ASCENSION INC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, /r1 oHft 1 k 7 P?LStPLdT, on behalf of himself or f SC en/S/o•✓ /W.i 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(sj 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: d4 ✓;'/1 \ � r A. Obtain permits for said sign or remove within.days 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 _ - •��a out and perform a site inspection. 14LIN ' es•o / •-• Michelle Arnold, Direc tor Code Enforcement epartment 3 0 34 ) 08 Date Date REV 2/23/07 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 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 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 t % ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID / i , pi. •� 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 thisZoP I 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. ", ,, IQiISTINE HOLTON : '3" ._ H�ks1 . �•� .,r_ MY COMMISSION 1f DD 688595 •� _t: EXPIRES:June 18,2011 NOTARY PUBLIC TAR,.,•• Bonded'Nu Notary Public Underwriters 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 ,?,t-'°) day of 2008. 7Loi).e-er-i. (-) M. 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, /+'j of/411/A7' #1.S,DL,T, on behalf of himself or R SC€,,i 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. 1 2) Abate all violations by: m A. Obtain permits for said sign or remove within,days 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 • e e out and perform a site inspection. 4 -es•o •-• ACchelle Arnold, Director Code Enforcement epartment 3 . 01.'7- o 3 4 ,/og Date • r Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Greenbelt, LLC, Respondent(s) Case No. 2007080860 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-9 Deed 10-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board �., Case: 2007080860 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. GREENBELT LLC, GRACE R. OLIVER JR, MGRM, Resoondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned Sign5.06.06(B) LOCATION OF VIOLATION: 887 105th AVE N Naples, FL SERVED: GREENBELT LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner - vs. DEPT CASE NO.2007080860 GREENBELT LLC(BUSINESS) AND GRACE R OLIVER JR MGRM(Respondents) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-58,The Property Maintenance Code,as amended,section(s) 16[2][i] and 16[2][j]. 2. Description of Violation: Copy removed from signage and left in a poor state of repair. 3. Location/address where violation exists: 887 105th Ave N(folio#62412360004). 4. Name and address of owner/person in charge of violation location: Greenbelt LLC, C/O United Corporate Service INC, As Registered Agent, 9200 S. Dadeland Blvd, Suite 508,Miami Fl, 33156 and Grace R Oliver JR MGRM, 55 Brroksville Road,Glen Head NY, 11545. 5. Date violation first observed: August 8th,2007. 6. Date owner/person in charge given Notice of Violation: October 15th,2007. 7. Date on/by which violation to be corrected: October 30th,2007. 8. Date of re-inspection: January 7'h,2008. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Cod- ,ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for p earing. Dated this ��'L Day of Fag, -ell T. Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER y. o to(or Armed)and subscribed before thisisday of i &' Z C" S by Kitchell T. Snow (Signa e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known )6 or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Shirley M. Garcia "= Commission#DD501305 r Expires: DEC.21,2009 BONDED TRRU ATLANI1C BONDING CO.,INC. REV 3-3-05 2, Case Number 2007080860 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION )■ Date: 10/1/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 GREENBELT LLC C/O UNITED CORPORATE SERVICES,INC AS REGISTERED AGENT 9200 S.DADELAND BLVD,SUITE 508 MIAMI FL 33156 [PROPERTY OWNER] GRACE R OLIVER JR MGRM -55 BROOKVILLE ROAD GLEN HEAD NY 11545 Zoning C Sec 28 Twp 48 Rng 25 • Dist Legal: Block Lot Subdivision _ocation: Folio 6241236000#4 OR 4226 Page 1454 887 105TH AVE N NAPLES FL Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended,you are notified that a violation(s) of the following You are directed by this Notice to take the following corrective Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- action(s) described location. REMOVE ANY NON-COMPLYING OBSOLt I t OR DETERIORATED SIGNS AND STRUCTURES, (POLE AND WALL SIGN).CEASE El Ord No. 04-58,THE PROPERTY MAINTENANCE Section 16[2][i] DISPLAYING ANY SIGN THAT DOES NOT COMPLY WITH COLLIER CODE as amended COUNTY CODES AND LAWS. ZO \No. 04.58,THE PROPERTY MAINTENANCE Section 16[2]G] rlSupplemental attached CODE as amended L No. Section Ord No. as amended Section Ord No. as amended Section ON OR BEFORE: OCTOBER 30TH 2007 DOrd No. ,as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that Did Witness: may result in fines up to$500 and costs of prosecution. OR ON 8/8/07 1-POLE SIGN NO COPY AND 1-WALL SIGN NO COPY. 2) Code Enforcement Board review that may result in fines up THIS IS CONTRARY TO THE COLLIER COUNTY ORDINANCES(S) $1000 per day per violation, as long as the violation remains, and AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT costs of prosecution. CODE. fl Supolemental attached SERVED BY: ❑Personal Service E]Certified Mail ❑Posting of Property El Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE Signature and Title of Recipient ENFORCEMENT -ELL T.SNOW INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL 34104 Print (239) 403-2493 Fax(239 403-2324 Dated this 1ST OCTOBER 2007 Investigator signature illa�� day of • VIOLATION STATUS: _ ®Initial ['Recurring ❑Repeat 3 t;:= 1HOIH3H101,3do13*N3d0 dOLitr ifalORs--mjid = SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatuti item 4 if Restricted Delivery is desired. ❑Agent X I Print your name and address on the reverse ` ❑Address so that we can return the card to you. B. Received by(Printed Name) C. Date of li r"-",. • Attach this card to the back of the mailpiece, Uo JO or on the front if space permits. Kl in k V G D. Is delivery address different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: 15 OCT'07 PSI 2:39 GRACE R OLIVER JR MGRM 55 BROOKVILLE ROAD 3. S Type GLEN HEAD NY 11545 rtfied Mail ❑Express Mail Case Nbr — 2007080960 ❑ Registered ❑ Return Receipt for Merchandl ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2' A 7007 0220 0000 4037 5377 NOV kS9 PS Form 3811, February 2004 Domestic Return Receipt f O 3o 102595-02-M-1 U S. Postal_Service m, CERTIFIED MAILT,, RECEIPT -:(Domestic Mail Only;No insurance Coverage Pmvided) ti-: FardeliveryinfQrmatrgn Visitour wells te.atwww,usps corn, m Postage $ Certified Fee Postmark D Return Receipt Fee E R OLIVER JR M Here t"—",t"—", (Endorseme^•con rirndl D Restricted (Endorsem GRACc, ru ru Total Po 55 BROOKVILLE ROAD GLEN HEAD NY 11545 Sent To o Case Nbr - 2007080860 D Street,Ar rs... or PO Bo,. 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OS'Form 3800 Aiugust 2066 See AeverseforJnstrerAre /"O 134667,. crei O OC1 04 A w ORDINANCE NO.2004-58 71 Oa ORDINANCE ESTABLISHING A PROPERTY `' V MAINTENANCE CODE FOR THE UNINCORPORATED AREA �eere Lz0%6%� OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; - PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILD GS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY T E COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS F REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY THE • PROPERTY MAINTENANCE; RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING n FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING y_ m REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING C'F': © FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING _,.,T m COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oco 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL :72- CONSTRUCTION; PROVIDING FOR INCLUSION IN THE y°r — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and where WHEREAS, there exists conditions within the unincorporated areas of Collier County structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS if a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES RUCTURE.VACANT BUILDINGS,NGS,VACANT STRUCTURES.AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 7• ,_, __ i. Every supplied facility,piece of equipment or utility which is required under this chapter ��• shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. r. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. �t (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must he repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate.and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 ,J, Retn: 4015539 OR: 4226 PG: 1454 GOODLETTE COLEMAN ET AL RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL CONS 894340.00 4001 TANIANI Ti N 4300 05/09/2007 at 09:OOAH DNIGH4 B. BROCR, CLBRI; REC FEE 18.50 KAPLES FL 34103 DOC-.70- 626030 - THIS INSTRUMENT PREPARED BY AND RETURN TO: Kent A.Skrivan,Esq. Law Offices of Kent A.Skrivan,P.L.L.C. 801 Laurel Oak Drive Suite 705 Naples,Florida 34108 Property Appraisers Parcel Identification(Folio)Number: 62412360004 SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED,made the e day of May,2007 by Edward Wayne Teague,individually and as Trustee of the Bessie Faye Teague Revocable Trust Agreement, dated October 7, 1996, whose post office address is 5436 Freeport Lane,Naples,FL 34119,herein called the grantor,to Greenbelt,LLC,a Florida Iimited liability company,whose post office address is do Grace Development,Inc.,3309 Fairmont Drive,Nashville,TN 37203, hereinafter called the Grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESS E T H:That the grantor,f. . .dtsip .:- sum of TEN AND 00/100'S($10.00)Dollars and other valuable considerations, r -'. = . is hereby .... .,*edged, hereby grants, bargains, sells, aliens, remises, releases, conveys and conf i, I the grantee all that c--.. 1 d situate in COLLIER County, State of Florida,viz.: Lots 6, 7,8,9 and 10,Bloc 6, '+t''": ' :• M c' 'in to the plat thereof recorded in Plat Book 1,Page 106,Pub is R:co ds o C Ili r i I 1,% . 1 ... Subject to easements, rest ittkons and reservations recd rd a taxes for the year 2007 and thereafter. The above property is not the homed i I contiguous thereto. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND,the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant 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 31,2006. *** OR: 4226 PG: 1455 *** IN WITNESS WHEREOF, the said grantors have signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: 77/Assi 4__ 416r- 60- )--- E: „_--...". Witness#1 Signature r Edward Wayne Teague, ind i wally and as 271t�4 /'r•�n c�J r o Trustee of the Bessie Faye Teague Revocable A r 27{ Trust Agreement dated October 7,1996 , Witness#1 Printed Name -44_,L.p...„ 1 fitness#2 Signature -.1170,Y1 rL. N-1 ce, Witness#2 Printed Name \ c 0 4 STATE OF FLORIDA ° COUNTY OF COLLIER t I Ir.) . ,The foregoing instrument was a•'.r q .:;,• e- • u. !' 7! y 4 N •y,2007 by Edward Wayne Teague, who is ep onally known to me o 'has roduced ? as identification. SEAL /, rf� � / �.,�, 411E C_./-�� o )�'rrb t f a fll / 4.2 i KCJJry Printed Notary Name My Commission Expires: ;,14.•Pt,••• MARSHA A.DE FRANCESCO Y '-. MY COMMISSION#DD 388127 v..j,+ EXPIRES:January 19,2009 •'�'f,,o.ryd:`. Bonded Thru Notary Pubic UndeMnters // COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007080860 Board of County Commissioners, Collier County, Florida vs. (Respondents) Greenbelt,LLC C/O United Corporate Service Inc. As Registered Agent For: Grace R Oliver MGRM (Property Owner) Violation of Section(s) 16[2][i] and 16[2][j] The Property Maintenance Code, as amended Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007080860 DESCRIPTION OF VIOLATION: Copy removed from signage and left in a poor state of repair. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Remove any unauthorized, obsolete, non-complying or deteriorated signs from said property within 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until such time as the signs have been removed. 2. Should a wall sign or structure be removed, paint the façade in a workman like fashion so that no shadowing remains within 14 days of signage removal or a fine of$150.00 a day will be imposed until such time as the façade is painted. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007080860 GREENBELT LLC AND GRACE R OLIVER JS MGRM Respondent(s), STIPULATION/AGREEMENT, '/ '' rr COMES NOW, the undersigned, l� � V�vp'�'on behalf of himself or 4?-1111- as representative for Respondent a d enters into this Stipulation and Agreement with 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. .. 2) Abate all violations by: / w�h, p, ,8 -/'�"'�� '`„ �'`'ti 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 façade 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 atthe 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 Enforcement that the violation has been abated and request the vesti•t o •' o •_ .• and pe, orm a site inspection. espond t kJ.' - -. Arnold, Director Code Enfor emen Department 377 ( OJr- 3 c; ? d 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 1. 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 I, 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. On DONE AND ORDERED this Zi day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BO• RD COLLI R COUNTY,F O•I D• / BY 41-#1...L4i . ■ ' erald LeFebvr,Cha' 2800 North H.rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) A The foregoing instrument was acknowledged before me this Z. 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. :*: 'e ::: MY COMMISSION#DD 686595 N•TARY PUBLIC ,40,, EXPIRES:June 18,2011 My commission expires: ' Bonded Thru Notary Public UrMenvrHers 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 1 1545 this Zv° day of C,41 _, 2008. 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, , ,1t L • ( r i'/4 9 � Gam' v� , on behalf of himself or 4 ,.,' as representative for Respondent a d enters into this Stipulation and Agreement with r 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. V C-u 2) Abate all violations by: p c, -/' � � �'� '�'`'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 façade 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. C. Have minimum landscaping requirem nts 5t.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 Ere forcemept tltat,the violation has been abated and request the vesti•al o •/ o 1 :• and pe' orm a site inspection. �/ I� - •espond= t Arnold, Director Code Enfor emen Department z 3 of 3 e7 Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Immokalee Road, Inc, Hennley Tire and Auto, Inc Respondent(s) Case No. 2007110518 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-11 Deed 12-15 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007110518 "--\, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. IMMOKALEE ROAD INC, HENNLEY TIRE AND AUTO,INC, Respondents NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time, and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Temp Sign-Special Event5.06.04(C)(12)(c) LOCATION OF VIOLATION: 2800 Immokalee RD Naples, FL SERVED: IMMOKALEE ROAD INC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner /' ,vs. CASE NO.2007110518 IMMOKALEE ROAD INC,(PROPERTY OWNER) AND HENNLEY TIRE AND AUTO,INC(BUSINESS OWNER) Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,The Land Development Code,as amended Sec(s)5.04.05[A][1], 5.04.05 [A][2], 2.02.03,5.06.06[GG]AND 5.06.06[HH] 2. Description of Violation: Banner(s)displayed without proper permits and displaying merchandise in designated parking spaces. 3. Location/address where violation exists: 2800 Immokalee Rd,(folio#78569500060) 4. Name and address of owner/person in charge of violation location: Immokalee Rd. INC,Corporate Reg, Agent, LLC, 5147 Castello Dr, Naples, FL 34110 and Hennley Tire and Auto, Inc, Michael McNemey,As Registered Agent For: 300 E.Las Olas Blvd, Suite 1900,Ft Lauderdale,Fl 33301 5. Date violation first observed:November 20th,2007 6. Date owner/person in charge given Notice of Violation: December 5th,2007. 7. Date on/by which violation to be corrected:December 17th,2007. 8. Date of re-inspection: January 2' ,2007. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Count ode have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this icefri Day of/=lr�- Z oc,S. c/AO -.- 1 :ow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER '� � c�( Sworn ffi to(or affirmed)and subscribed before this 30th day of November, 200$by 1 kL((�vt 1J wLc4aAcii :, Signature tublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificati n produced rm.... hOTARYPUgHC-STATE OF FLORIDA ./C mmission#D501305 Expires: DEC.21,2009 BOh-DFJj rRRU ATL(��C BONDING CO.,IIyC, REV 3-3-05 2. Case Number 2007110518 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION 0^er: Date: 11/2107 Investigator KITCHELL T.SNOW Phone: 239-403-2493 IMMOKALEE ROAD INC CORPORATE REG.AGENT,LLC AS REGISTERED AGENT FOR: 5147 CASTELLO DR NAPLES FL 34110 [PROPERTY OWNER] HENNELLY TIRE AND AUTO,INC MICHAEL MCNERNEY AS REGISTERED AGENT FOR: '200 E.LAS OLAS BLVD,SUITE 1900 FT LAUDERDALE FL 33301 [BUSINESS] Zoning PUD Sec 25 Twp 48 Rng 25 Dist Legal: Block Lot Subdivision Location: 2800 IMMOKALEE RD Folio 78569500060 OR Page Book Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described location. ORDER TO CORRECT VIOLATION(S): El Ord No. 04-41 LAND DEVELOPMENT CODE , as Section 2.02.03 You are directed by this Notice to take the following corrective amended action(s) OBTAIN PERMITS FOR DISPLAY OF BANNERS. AFTER ®Ord No. 04-41 LAND DEVELOPMENT CODE, as Section 5.06.06[GG] THE FACT PERMIT FEES ARE TO APPLY OF 2X THE AMOUNT OF amended THE NORMAL PERMIT. START DATES ARE FROM 11/20/07. No. 04-41 LAND DEVELOPMENT CODE,as Section 5.06.06]HH] DISPLAY SAID BANNER/SIGN ACCORDING TO CODE. CEASE amended USING PARKING SPACES FOR ANY ACTIVITY OTHER THAN ®Ord No. 04-41 LAND DEVELOPMENT CODE,as Section 5.04.05[A][1] PARKING OF CUSTOMER OR EMPLOYEE PARKING OF VEHICLES. amended DISPLAY ONLY SIGNS THAT ARE IN COMPLIANCE WITH AND ®Ord No. 04.4! LAND DEVELOPMENT CODE,as Section 5.04.05[A][2] ACCORDANCE TO THE LAND DEVELOPMENT CODE OF amended UNICORPORATED COLLIER COUNTY. DOrd No. 04.4! LAND DEVELOPMENT CODE,as Section amended flSupplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON OR BEFORE: DECEMBER 17TH 2007 ON 11/20/07 SEVERAL BANNERS DISPLAYED W/O PERMITS. PENNANT FLAGS, AND EVENT IN PROGRESS W/TENT AND TIRES Failure to correct violations may result in: IN PARKING SPACES. THIS IS CONTRARY TO THE COLLIER 1) Mandatory notice to appear in court or issuance of a citation that COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT may result in fines up to$500 and costs of prosecution. OR INTO COMPLIANCE WITH CURRENT CODE. 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and (Supplemental attached costs of prosecution. SE ED BY: ersonal Service ❑Certified Mail ❑Posting of Property DFax _..,._ .❑Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KI - LL T.SNOW / c INVESTIGATOR: 2800 No.Horseshoe Dr.Naples,FL ,104 Signature and Title of Recipient (239) 403-2314 1b,Fax:(23':)403-2493 Gr 7,%..)L -c 1 t A.- e ''estigator signature -�` Print MI I MI PTO VIOLATION STATUS: Dated this 21ST day of NOVEMBER 2007 ®Initial ❑Recurring CI Repeat Nntire of Vinlatinn Original to File Cnnv to Recnnndent C'nnv for Site Pnctine Cnnv for Official Pnctinc Rev 4/04 ,� - -=-11-101031410L3d073AN3d0 d011V H3 0115.30V1d SENDER: COMPLETE THIS SECTION COMPLETE SHIS SECTION(?;J DELIVERY • Complete items 1,2,and 3.Also complete - - re 'pi'item 4 if Restricted Delivery is desired. 0 Agent '• Print your name and address on the reverse 1 0 Addresser - so that we can return the card to you. B. Receiv=. • Attach this card to the back of the mailpiece, (Printed Name) C Date of Deliver) or on the front if space permits. ^ S rn 1. Article Addressed to: D. Is delivery address different from item 1? • es If YES,enter delivery address below: • No §c' 7p HENNELLY TIRE AND AUTO, INC - = - MICHAEL MCNERNEY R/A 200 E. LAS OLAS BLVD, SUITE 1900 _ FT LAURDERDALE, FL 33301 3S�ry ice Type !1s'�`Certified Mail 0 Express Mall C a s e--3 Fbr- — 2007110518 " 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 14. Restricted Delivery?(Extra Fee) 0 Yes 7007 0220 0000 4037 5704 (33 N V t PS Form 3811, February 2004 Domestic Return Receipt 1 . _ p D-48" 102595-02-M-1540 4 L�. 4.05.02 of this Code). b. One (1).paved parking space for disabled persons per parking lot shall be provided ('included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. . All parking spaces shall be constructed of a concrete, asphalt, or other dustless material as may be approved by the County Manager or designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. 7. Fire protection. • 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements determined by the County Manager or designee to be necessary for the public health and safety. 5.04.05 Temporary Events Temporary Sales. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales, and similar private home sales), the County Manager or designee • may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 5-. 2 % Temporary sales permits may, in support of the use being permitted, include the F. placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such sighs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. , . Fire protection measures. __ f. Sanitary facilities. g. if required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. .� on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon").- The only allowable illumination source(s) forsaid sign--is:.- - - ^ incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) ---- 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or publicrights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted signs. J. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof signs. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. http://library 1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 ,3. State law references: Display of unauthorized traffic signs, signals or markings, F.S. § 316.077. ___ - N. Signs, commonly referred to as snipe signs, made of any material-whatsoever-and— attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. 0. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). V. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. No sign shall be placed or permitted as aprincipal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by http://library 1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 .9. temporary permit pursuant to the time limitations set forth herein. BB. Inflatable signs. CC. Accent lighting as defined in this Code. DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directional signs. People in costumes advertising stores or products. FF. Attachments to signs, such as balloons and streamers. i GG. Banner signs. HH. Pennants. U. Bench signs. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. (Ord. No. 04-72, § 3.U) 5.06.07 Enforcement A. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: 1. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. All signs for which a permit is required shall be subject to inspections by the County Manager or his designee. The County Manager or his designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The County Manager or his designee may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained,or which would constitute a hazard to the public health, safety, and welfare. 3. The County Manager or his designee shall be charged with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of http://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 /41 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A".The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E"is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2:10 s FOR RECORDER IBS INSTRUMENT PREPARED BY: Past A.Murr yy Paul A..Murray,PA. 2432266 OR: 2511 PG:-.-0130- /...., 4001 Tamiami Trail North,Suite 7211 Naples,F L 34103 1ICDRDFD to OlrtCrAL RICCRDS of COLLIFR COURT!, Fl 12/6/99 09199 at 09:45AR OTIGB" I. BROCI, CLFRI RIC ?II 15.00 RECORD AND RETURN TO: DOC-.10 .70 Vega,Stanley,Minna&Hanlon lets: 2660 Airport Road South IIGA STARLIT I'. AL Naples,Florida 34112 F ICI UP RE PARCEL ID#:00165600002 BUYER'S TIN: QUIT-CLAIM DEED + l THIS QUIT-CLAIM DEED is made this day of 1 t",')r t til f V1 19?I L-1 by Jay D. Nicewonder, Jr., a/k/a J.D. Nieewe.der, individually and as trustee of an unrecorded land &est, and Carolyn Nicewoader, Sherry Nicewoader and Mark D.Nicewoader,hereinafter called Grantor, and whose address is 148-B Bristol East Road,Bristol, VA 24201 to Iatimoimilee Road,Inc.,a Florida corporation,hereinafter called Grantee and whose address is 2375 Tamiaml Trail North,Naples,FL 34103. (Wherever used herein the term 'pantor• and 'puttee' include all the parties to this iostrumem and the heir, bpi representatives and amps of individuals, and the successors and assipa of corporations) ., � and NO THAT the Grantor, for and in on of the f1T 100 Dollars and other valuable/ considerations in hand paid to the Granod, .-ipt whereof is hereby edged, does remise, release and quit-claim unto the Grantee,all that certain land shake,1- _^..• , • :in Collier Court FI da,viz See Exhibit'A'attached ilk real property described In ins. too homestead nor the primary physical r sideace of the t, � v) This instrument prepared wi \benefit of title on, tie or attorney's opinion of title. � SUBJECT TO taxes accruing subsequent to December 31,1995. 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, hcreditamcnts 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. Fop, Ftrw sMY•We by Aar,a-IM ttw env SNUO.,tees.t.see.aaalms van SRI OR: 2511 PG: 0131 L1. — — - IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sled and delivered in our presence: If Witness SignaturL /V y • rcewonder,Jr,a/k/a Jay D.1,1 wonder r wtaess Printed S aturc s to both / cewonder,Trustee t'de'%2/damA— u ess Signature ✓ ILI I.e., /4 . Le. Ih ma n n Witness Printed Signature As to both STATE OF FLORIDA COUNTY OF COLLIER �ff In � The foregoing instrument was acknowledged before me this r day of 1 brUctell , 19 `t�l by Jay D. Nicewonder,Jr.,a/k/a J.D.Nicewonder.He Is personally known to me. N Public,State and County Aforesaid ,, \ R CO(.45.e.ii/7)9,/7__‘:- -- Signature / TT` ;1- • ', j 1 1WW.., / 411!�! o •MN• Notary Printed Signature t ! . 4"*°.••m-NL. .41, IN WITNESS WHEREOF, the Cr( 'l1y::nts the da y and year first above written. \c;\ S' sealed and deliver • in our presen ( L 1 ✓/Ix ,Ai.4 / f ;` _/ -.,`S 'tress .,: ure 71IE CITIC V�une Pruned Signature12 / ' i�_�_ , Alt Carol tccwo r ttness tgnature • Alm , L, Bt_k_sseL Witness Printed ignature STATE OF VIRGINIA OF M, f/0/ The foregoing instrument was acknowledged before me this 44a day of ,a r t. . 19 99 by Carolyn. Nloewonder. She Ls pgaonatly known to use or has produced as Identification. N. • Hie,State and County Aforesaid 'otary Styaature ` (Title or Rink) / ' + •v of Notary P , . e (Serial No.,if any) �..., i Paw t Form Selman by AuamWA P.a Este*byelsost,in.I 400-136-18i M111n If r *** OR: 2511 PG: 0132 *tt . I. I i -- -- - IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Sign scaled and delivered in our presence: Witne4rA/ ed Si gnatureydy itness Signature di�/ cetnde / (CVs p L—. 2LA SSe� Witness Printed Signature STATE OF VIRGINIA 'OF,SesA07 The foregoing instrument was acknowledged before me this �.,f4 day of . Nlcewonder. She Is personally known to me or has produced 199 by Sherry as identification.. Notary Public,State and County Aforesaid Signature — "1‘ e /1 vv Call / _ .rb. ► 1 ' -v If a or •ink) Notary Printed Signature / /Ay/ �Oarsw:gr.: ��,l, -#2-. / (Sc .1 N.,if any) IN WIZNESS WHEREOF, th sai• Gran . ai si_ d s ,►ch se ~resents the day and year first above l Sign sealed and delivered in opr prese‘ie`' . br *.) ,c:) Witness • .t , Signature 3 C 11 C Witness Signatures .u+caa ranted Signature Mark U.Nicewonder STATE OF VIRGINIA OF,es,,,a, / N foregoing instrument was acknowledged before me this 4t . day of �� , 19 D. personally known to me or has 9 as e by Maas n. produced � as identification. Notary Public,State and County Aforesaid 't Signature. lilt (Title or sank) ary Printed Signature --A, s>satfJOl%'.✓ ,.%/t-s' .J,A.., (Serial No.,if any) /--., Mfg 7 Font ssnw.reeyAut.nua.d Real£8161.syM..,$8.r...sa.o.rtn. M011 b / `7 *** $4,50 OR: 2511 PG: 00132A *** EXHIBIT "A" AN AREA LYTNG M THE NW 1/4 OF COLLIER ETHE OUNTY,OF IP 41 SOUTH,RANGE 2$ EAST AS FOLLOWS: .� NW I/4 OF SAID SECTION 25. BEGIN AT THE NW CORNER OF � y°1 S' E FOR A DISTANCE OF S 01°30'E FOR A DISTANCE OF 4:4 8�e � 1' 663 FEET TO A P.O.B.; EIS AN EXTENSION OF THENCE N 89°15'E FOR A it � CE OF 663 FEET.E FORA 1ST NCE OF 60 FEET: THE 663 ABOVE DESCRIBED ,Tt E g 1°30'E FOR A THENCE S 89°15' W FO A ST - _ . OF • 3 F :.,THEN b1°3 30 FEET; DISTANCE OF 135.1 FE '' 5 .` Ti `� P B. 'I, ) r--4 , THENCE N 01°30'W F R A at' O ', - • 4/EC1- -C , t h 1 i mo • ._ _.. ,.. -_,,QtrA!4`0,P t /L ruftlief ribittiew Pr pea i,inicr dfitrn(CSC Setup?) '1X 1 K�,�,m,siA. tf`"'�,„��i' 5�44"!�k ? �f� ...ut°"�';.a;T,�^ .af 4�"•.1✓°li.2%., �A :I.5�:<, Print Catalog;.J Dynamic tielp,...15Navigation:48.Create Bpokmark r'? t °ry f r Inspector „ VJolatfor�s Fees i3oc ctierais c1;Irxaages Correspondence Vehdes o '`- Case Number 2007130518 Description Tyke. PropertyAlert 3 r� 78569500060rope � >^ 41. 1 Status ;Open U 2800 Immokalee RD Naples,FL Address i f , Inspector Krtehell Snow. 78569500060 Property s� Pt Add Fee to this Case View All Activities on this Case Add a new person or business to Address Book *p pR. Add New Letter Letters/Notices for current Case: Select corresponding Vehicle: Select corresponding Violation i Property Inforl Letter T 4. a VIN ] License Number Violation • -status - ` .tice of Violation 5.06:04(C)(12)(c) •e of Hearing Select corresponding Hearing: Title Code Enforcement Hearing on 3/27/200 Add Recipient To link a recipient to this letter,enter contact information below. City View will suggest possible matches as you type: • • IHENNELLY TIRE AND AUTO,INC,Address:MICHAEL MCNERNEY R/A • He Description i; Preference Letter Recipient Sta I :Date Printed HENNELLYTIRE AND AUTO,INC,Address:MICHAEL MCNERNEY R/A Letter Generated Delivery Method ! - Delivery Comments 4 start ,, Dc cum( , „ ,� _ `µ P;:; COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007110518 Board of County Commissioners, Collier County, Florida vs. IMMOKALEE ROAD INC CORPORATE REG,AGENT, LLC AS REGISTERED AGENT: PROPERY OWNER HENNELLY TIRE AND AUTO, INC MICHAEL MCNERNEY AS REGISTERED AGENT: BUSINESS Violation of Section(s) 04-41, The Land Development Code, as amended, 5.04.05A[1], 5.04.05A[2] Kitchell T. SNOW, Code Enforcement Official Department Case No. 2007110518 DESCRIPTION OF VIOLATION: Banner displayed with proper permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Obtain Temporary Use Permit for banners displayed on property from 11/20/07 to 7/15/07 TO 12/3/07 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 of 2 x the amount of the normal permit are to apply 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. IMMOKALEE ROAD INC Respondent(s), DEPT NO. 2007110518 STIPULATION/AGREEMENT COMES NOW, the undersignecST Gpk&ci¢on behalf of himself or,r144i "21ti v't61C. 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 fi . inspection to confirm abatement. /.• -e •ogi•ent Mi Ar,old, Director Code Enforce ent Dep rtment /4) 7 Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110518 vs. IMMOKALEE 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 C.,a day of Ir-pr► ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID A Gerald LeFebvr,, hair / 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ��.p The foregoing instrument was acknowledged before me this?, O N 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. "' KRISTINENaTON NOTARY PUBLIC MY COMMISSION#DD 686595 M EXPIRES:June 18,2011 My commission expires: sanded Thru Notary Pubic Undensriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Imrnokalee 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 day of (a-p ,2008. 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 undersignecr ,otkAcgon behalf of himself orri oiet1t? t/r162. 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[HHj, 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. '"� - /O � e •o"•ent Mi Ar►old, Director Code Enforce ent Dep rtment 3/C- 7 "Of ."? Date Date REV 2/23/07 FOR RECORDER THIS INSTRUMENT PREPARED BY: Paul A.Murray • Paul A.Murray,PA I 2432266 OR: 2511 PG: 0130- 4001 Tamiami Trail North,Suite 1.20 Naples,FL 34103 IICORDID to OFFICIA? RICCRDS of C011Il1 COMM, FL 12105/91 at 01:45A1 DINE' 1. 9ROCI, CIIII RIC HI 15.00 RECORD AND RETURN TO: DOC-.i0 .70 Vega,Staley,Palos •&Hanlon rte: 2660 Airport Road South III STAM MY IT A! Naples,Florida 34112 ICI DP RE PARCEL ID#:00165600002 BUYER'S TIN: QUIT-CLAIM DEED THIS QUIT-CLAIM DEED is made this 444- day of ft 1')l t ltl(y , 19 t•.I L1 by Jay D. Nicewonder, Jr, a/k/a J.D. Nloewwder, ladivldoal y and u trustee of an unrecorded land blest, and Carolyn Nicewonder, Sherry Nicewonder and Mart D.Nicewoader,hereinafter called Grantor, and whose address is 148-B Bristol East Road,Bristol, VA 24201 to Iasolulee Road,Inc.,a Florida corporation,hereinafter called Grantee and whose address is 2375 Ttrmtaad Trail North,Naples,FL 34103. (W►arater used beta the term 'pastor and 'grantee' include as the parties to the insttnmcnt and the heirs, legal representatives aad amps a1 individuals, and the successors and amps at corporations.) V ' THAT the Grantor, for and in n of the s and NO/100 Dollars and other valuable considerations in hand paid to the Gr ,(reeetpt whereof is hereby edged, does remise, release and quit-claim unto the Grantee,all that certain land nit e,l • in Collier Coun Fl .des,viz See Exhibit'A'attached The rod property described In ins, A to homestead nor the primary physical residence of the Gran i = '( Thb Warmest prepared wi Delft of title fort, less or attorney's opinion of tick. V O , TIIE C1 SUBJECT TO taxes accruing subsequent to December 31,1998. SUBJECT TO covenants, restridions and easements of record, if any, however this reference thereto shall not operate to reimpose same. • SUBJECT TO tams for the current year. TO HAVE AND TO HOLD the same together with all and singular the tenements, hcreditaments 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. ►oM I RIM ti A,nwar•as Walt ayat• e,mu.1411114.14-1,116 NN on `.- 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 sled and delivered In our presence: anus Stgna`tttr� y tcewondcr,lr.,a/k/a Jay D.h1 wonder .e.a Ai C. 4 -PP ✓ / f nneu Printed S• azure , cewonder,Trustee s to both tt ess Signature ,/ v),e,�11 e., i'i . L h Met h n rinse Printed Signature As to both STATE OF FLORIDA COUNTY OF COLLIER 01 The foregoing instrument was acknowledged before me this day of cl'Dl Uctr`ti . 19 It/ by Jay D. Nicewonder,Jr.,a/k/a J.D.Nlcewonder.He Is personally known to me. N Public,.Statee and County Aforres,,a�id Q,-��R CO�h}.-vi,,t signature r T ' 1: - 1 /Lr11l,,, w� . , mm Soma No 9, Notary Printed Signature '•�." —+■ ... ,!.r_.,.L,..,.,,J • _ � F–r written.IN WITNESS WHEREOF, the r _ d se• • h ..resents the day and year first above S'._• sealed and deliver din our presen �L c ��/i .4 / O �� rtness .. we ��E CIRCA .., A ttac Prmtcd Signature •� �`_� ___ jam, • /� Carol tcewo• r PI anus Ignature • i1 rin L. SLBesse `. Witness Printed Signature STATE OF VIRGINIA r OF../s' 4,/ The foregoing instrument was acknowledged before me this ie,' day of null, . 19 1 by Carolyn. Nieewonder. She Is nerannaHy known to me or has produced as identification. N. . blie,State and County Aforesaid 'Mary Signature ` (Title or RLLnnkk) • .�/ ' d'rt/ Os _ Notary P . . (Serial No.,if any) /.r alIf nreV..nrEY/:rrt.' .4.5/,x/ i P .t Form Soiee,,by Ablomatod Real EOM SyARw,Mm 1400J34-12110 Mt$52 I; ** OR' 211 PG; 0132 r I IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. scaled and delivered in our presence: S' : Witness P tined Signatureydy Vlrit((n��ess Signature ��` /17M / h/ t'YVt Sc1 L• t,A,S S he ry cewondcr Witness Printed Signature STATE OF VIRGINIA ff OP/$/'/, The foregoing instrument wag acknowledged before me this Nicewonder. She Is personally known to me or has produced day of 19 9 by Sherry as identif eadon. Notary Public,State and County Aforesaid s,ge,t,ut `_ —� 4„....„?.......,„, ,�E RCOU4 , i, ,.. �// �� 4 1',r or •ank) Notary Printed Signature /ivy GPesrararitj'.r✓F,r -/,t••. / (Sc '.l N.,if any) IN WITNESS WHEREOF. th sal• an . T written. flan►u_ s •le.r th Sc resents the day and year first above S •-sealed and delivered in opt presehre V 4...k.)\ O A ✓/1. i1/ \ ,. � 044-, 1 4 .i ./ti/( TI 1 E CII -C does' Signature taus S.:nature I dW� ..+ � C1fyt S S r. •. .can;riot Signature Mar D.IV)CCWOndCr STATE OF VIRGINIA OF,er,„&"(/ The foregoing instrument was acknowledged before me this �4(41' Nlcewonder. He is personally knotty to me or has produced day of f _ 19 9as by Meat D. '�`�— as identification. Notary Public,State and County Aforesaid .� / • of ry Signature —`' '� / /j `� (Title or flank) Notary Printed Signature "A^'' atfo,h,./ //.fe r.r.' .J,9iai (serial Nn.,if any) sp a Fiona Barr«.IN Aulmaird atte Eaten gtwr,t,Wt.I.144..310-I M NO1 era /L tit* $4 .50 OR: 2511 PG: 00132A *** EXHIBIT "A" ll1IIl. AN SO AREA LYTNG IN THE NW 1/4 OF 2 EAST OF COLLIER THE OF D AS 48 SOUTH,RANGE FOLLOWS: BEGIN AT THE NW CORNER OF T •,�„r s 14 = ft 1/4 OF SAID SECTION 25. S O1°30'E FORA DISTANCE OF 4:• : + • :9°15' E FORA DISTANCE OF 663 FEET TO A P.O.B.; Q �- E• IS AN EXTENSION OF THENCE N 89°15'E FORA DIST I� CE OF 663 FEET;(T THE 663 ABOVE DESCRI:ED ,THENCES 01°30'E FOR A a 1ST• NCE OF 60 FEET: THENCE S 89•15' W FO1'A I ST..• " , OF • 3 F ` ;THEN S ‘1030'E FOR A DISTANCE OF 135.1 ;• •" "-4 5' •: • ....i. C F 30 FEET: THENCE N01°30'W FORA • • O • •- .B. CI 0")(ssiLi- . , -/k--)''‘ ''Th, O • .S /L COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. J. Peaceful, L.C., Respondent(s) Case No. 2007060387 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-13 Deed 14-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007060387 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. J PEACEFUL L C, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION: 7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE �`.PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007060387 J PEACEFUL,L.C. (RESPONDENTS) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Land Development Code,as amended, Sections, 10.02.06[B][2][a] and 10.02.06[B][2][d][ix].2004-58 The Property Maintenance Code, Sections 16[1][n][2], 16[1][n][3], 16[2][i] and 16[2][j]. 2. Description of Violation:Wall signs missing covers and/or letters. 3. Location/address where violation exists: 7770 Preserve Lane,Naples Fl.(folio 68381446166) 4. Name and address of owner/person in charge of violation location. J. Peaceful, Truxton Bolano, PA,As Registered Agent For: ,12800 University Drive, Suite 350,Fort Myers Fl 33907 5. Date violation first observed:June 12th,2007 6. Date owner/person in charge given Notice of Violation: September 25th,2007. 7. Date on/by which violation to be corrected: October 15th,2007 8. Date of re-inspection: November 10th,2007. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this. 24th Day of January ,2008 Kitc ell Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Ki+044-n ��,Sworn to(or affirmed)and subscribed before this 24th day of January ,2008 by w jai ors (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA ' Shirley M. Garcia Commission#DD501305 • Expires: DEC.21,2009 BONDED THEO ATLANTIC BONDING CO.,LNC. COLLIER COUNTY CODE ENFORCEMENT (cj) NOTICE OF VIOLATION Owner: Date: 9/17/07 Investigator- KITCHELL T.SNOW Phone: 239-403-2493 r1 J. PEACEFUL, L.C. TRUXTON BOLANO,P.A. AS REGISTERED AGENT FOR: [PROPERTY OWNER] Zoning Dist C Sec 21 Twp 48 Rng 26 Mailing : 12800 UNIVERSITY DRIVE,SUITE 350 Legal: Block Lot FORT MYERS FL 33907 >ubdivision Location: 1 770 PRESERVE LN Folio 68381446166 OR 2831 Page 3396 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- You are directed by this Notice to take the following corrective described location. action(s) OBTAIN PERMITS FOR WALL SIGNS ON PROPERTY IF ATTAINABLE OR REMOVE. REMOVE ANY SHADOWING CREATED Ord No. 04-41, THE LAND DEVELOPMENT Section 10.02.06[8][2][a] BY REMOVAL OF SAID SIGNS. CEASE ANY FUTURE PLACEMENT CODE as amended OF SIGN(S) OTHER THAN THOSE IN COMPLIANCE WITH THE Ord No. 04-41. THE LAND DEVELOPMENT Section 10.02.06[B][2][d][i LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER CODE as amended x] COUNTY Ord No. 04-58 THE PROPERTY Section 16[1][n][2] MAINTENANCE CODE, as (Supplemental attached amended Ord No. 04-58 THE PROPERTY Section 16[1][n][3] • • MAINTENANCE CODE as amended ON OR BEFORE: OCTOBER 15TH 2007 EiLird No. 04-58 THE PROPERTY Section 16[2][i] MAINTENANCE CODE, as Failure to correct violations may result in: amended 1) Mandatory notice to appear in court or issuance of a citation that Ord No. 04-58 THE PROPERTY Section 16[2][j] may result in fines up to$500 and costs of prosecution. OR MAINTENANCE CODE, as 2) Code Enforcement Board review that may result in fines up to amended $1000 per day per violation, as long as the violation remains, and costs of prosecution. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). SERVED BY: Did Witness: ❑Personal Service ertified Mail ❑Posting of Property 6/12/07-2 SIGNS NOT PROPERLY MAINTAINED W/O COPY OR FACE COVERS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND Fax ['Mail DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. Signature and Title of Recipient iSupplemental attached Print Dated this 17TH day of SEPTEMBER 2007 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T.SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, - 34104 (239) 403-2314 =. • 2 .e)40324933 Investigator signature v _- ■LATION STATUS: ®Initial ['Recurring ❑Repeat Notice of Violation Orivinal to File Cony to Recnnocient Cony for Site Poctino Cony for Official Foctins, Rev 4/04 3. uidtli3lu ol3ao anrr3doad lv e3JIt iS 3Oald - - SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig�� _ / item 4 if Restricted Delivery is desired. X / ^ • Agent • Print Y our name and address on the reverse Address sO that we • Attach th s carj touttte back card the mailpiece, B eceivve-d^by(P ed N- C. Date of Delivt or on the front if space permits. T,b 1;4Y-07 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: o {rte} E( Z PH 9:4t` r. � J PEACEFUL L C _E ` % TRUXTON BOLANO, P.A. AS R/A 12800 UNIVERSITY DRIVE, STE 350 3. S ice Type • FT MYERS, FL 33907 ed Mail ❑Express Mall Case Nbr — 2007060387 ❑Registered ❑Return Receipt for Merchandi ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. A 7007 0220 0000 4037 5230 3// 0 V PS Form 3811,February 2004 Domestic Return Receipt t 0 -- l So 102595-02-M-1 U.S.Postal Service, CERTIFIED MAILTrr, RECEIPT. o m (Domestic Mail Only;No Insurance Coverage Provided) fu For delivery information visit our website"atwww.usps.00mz OFFICIAL P1 Postage $ Certified Fee Postmark D Return Receipt Fee Here ED (Endorsement Required) O Restricted Delivery Fee Ij (Er rL R 1 J PEACEFUL L C P.A. S RSA % TRUXTON BOLANO, STE 350 se 12800 UNIVERSITY DRIVE, oFT MYERS, FL 33907 � on - 2007060387 -616 Case Nbr pS Form 3865 August2006" See Reverse for Instructs I/ O oct so A ORDINANCE NO.2004-58 • ORDINANCE ESTABLISHING" A PROPERTY - r•-■. Sc P MAINTENANCE CODE FOR THE UNINCORPORATED AREA e.rizoZ6V� OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING rT BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING n`- REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY �=:. rri -T1 THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING C rn- FOR A NOTICE OF HEARING FOR REVOCATION OF . � BOARDING RENEWAL CERTIFICATE; REPEALING v m COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- oc.o ry 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL %'y CONSTRUCTION; PROVIDING FOR INCLUSION IN THE a°r i CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to,structural deterioration,lack of 1 S 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS if a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the • ••� sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 7. c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain-the exterior-premises so as-to prevent.theaccumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure • • including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 1./ 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the - submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning 9. regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning 11 provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. /Z v. Other information required in the permit application forms .•� provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. /3 possompow 2802395 OR: 2831 PG: 3396 !KI DD in OifICIAL 1ICOIDI of COLLIII COIRT, IL 05/25/2111 at 03:2INN DUU T I. Dioc[, CLun con 15011.1i ^, IR I!1 11.51 iasaumeat prepared by and DOC•.ii SlSI.N 'This after return to: lets; QrAILii I MDT 4501 TIUTAIII TI 1 1300 �7 Leo 3.Salvaiorl,Esq. lAMIL211033110 Quarks&Brady.LI,P 4501 Tamiami Trail North.Suite 300 Naples. Florida 34103 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of May, 2001, between OLDE CYPRESS DEVELOPMENT,LTD.,a Florida limit-• � �,.�..., RANTOR,and J. PEACEFUL, L.C., a Florida limited liability company,i • .1 , is 7675 Margherita Way, Naples, Florida 34109, GRANTEE. c -` WITNESSETH that sa'• G an •, - •r al1dn -'in- i ide on •f the sum of Ten Dollars (S10.00).and other good : ' v: • ': .:t',, • ■ '• ,for En hand paid by said Grantee the receipt whereof is here• a 7 g- . _ : ,,' , _ Ind sold to the said Grantee and Grantee's successors : i • : . . ,r:7 , 4. ow , ,� d .,M: land, situate, lying and being in Collier County, Fl "` ` Lot 4, PRESERVE C Il ONS, according t. .e • . reof recorded in Plat Book 34,Page 98, of the - ••ecords of Collier ' ' { )-,Florida,together with that portion of Lot 3 of • �o) 1 o the foregoing plat) as is described on Exhibit "A" a I -, ,, Subject to oil, gas and mineral rights of record; and real estate taxes for the year 2001, bearing Property Identification Number 68391446166(Lot 4)and 68391446140(Lot 3). Further subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Preserve Commons, recorded in Official Record Book 2693, Page 226, of the Public Records of Collier County, Florida;together with the Articles of Incorporation, By-Laws and Rules and Regulations of Preserve Commons Commercial Association, Inc., as set forth therein. Further subject to the terms and provisions of the Agreement Establishing Easements, Maintenance Responsibilities, and Sharings of Costs recorded in Official Record Book 2546, Page 1033;and the Water Management System Shared Cost and Maintenance Agreement recorded in Official Record Book 2546, Page 1068,of the Public Records of Collier County, Florida. as the same may be amended from time to time. Q8NAn 303071.1 ■ /4 OR: 2831 PG: 3397 E j , THIS DEED is an absolute conveyance, and said Grantor will warrant and defend the 1 property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal the day and year first above written. Signed,sealed and delivered OLDE CYPRESS DEVELOPMENT, LTD., in our presence: a Florida limited partnership (Corporate Seal) OLDE CYP' DEVELOPMENT CORPO• ON, a Florida corporation, as � general !, . , A) :----/JtZ_.61 / ✓ �n it ",,'— C • #1 - y' a' • i. •N, `/. • 0 as ±, •,ident (Print Name) / .0----,..„. -- -1-- 10 Old Cypress Boulevard . .1..f_/: • . ; 34119 Witness /2 i ill 1 0 ' (Print N ", ) C' F` v° 0 STATE OF FLORIDA ' -0'" COUNTY OF COLLIER C oia instrument was acknowledged before me this it f day of May,2001,by The foregoing RENEE TOLSON,as Vice President of OLDE CYPRESS DEVELOPMENT CORPORATION, a Florida corporation,as general partner of OLDE CYPRESS DEVELOPMENT,LTD.,a Florida...._, limited partnership, who is personally known to me. My Commission Expires: ,,f-1 , RY PUBLIC 1E 11 A.MEP r) t' 1 (k A..t- MY COMMON ON r CC 11~133 (Print Name) EXPFIES;S.Fe wry ARM .e.42;,'- llotad Ns Warr Nile Woman (Seal) QeNAP 305071.1 -2- e=' /6 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007- Board of County Commissioners, Collier County, Florida vs. J. Peaceful, L.C. Truxton Boloano PA As Registered Agent For: 12800 University Drive , Suite 350 Fort Myers Fl 33907 (Respondents) Violation of Section(s) 5.04.05[A][1],5.04.05[A][2], 04-41, The Land Development Code, as amended and sections 16{1][n][2], 16[1][n][3], 16[2][i] and 16[2][j], 2004-58, The Property Maintenance Code. Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007060387 DESCRIPTION OF VIOLATION: Wall signs with front panels damaged showing interior parts. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Bring all damaged wall signs up to current code by removing or re-permitting (if needed) all such signs within 14 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 final 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. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007060387 J. PEACEFUL, L.C. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,61oC&s Ch,}(mi , on behalf of himself or-YEA CeCoL t.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 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: $P4yS A. Bring all damaged wall signs up to current code by removing or re-permitting (if needed) all such signs within4'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 final 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. AI kiike 4-4 espondent Michelle Arnold, Director Code Enfor ement epartment ,�/-g a i' D'te Date REV 2/23/07 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 68381446166,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 l0.02.06(B)(2)(a)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,the Property Maintenance Code, Sections 16(l)(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), I6(2)(i)and I6(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 I 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 day of Ari ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE' COUNTY,FL P,RID j BY: ,_r.L�../ /// Gera d LeFebvr C air 2800 North H seshoe Dri Naples, Flo!'•a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7N O day of_ ■ I 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or AZ who has produced a Florida Driver's License as identification. KRISTINE HOLTON 45.% I MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 Underwriters My commission expires: Bonded Thm Plotary PubSc Undo Y P 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 2,..14p day of 0�a:,,LQ ,2008. M. JeaRawson,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. J. PEACEFUL, L.C. Respondent(s), DEPT NO. 2007060387 STIPULATION/AGREEMENT COMES NOW, the undersigned,61oC4c CI►h(rni , on behalf of himself or--3�€ c€P4- '- 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 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: $P4ys A. Bring all damaged wall signs up to current code by removing or re-permitting (if needed) all such signs withinXdays 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 final 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.final inspection to confirm abatement. II ; espondent • Michelle Arnold, Director Code Enfor ement epartment / Mite Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marquesa Plaza, LLC,Respondent(s) DEPT No. 2007110494 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 5-15 Copy of Applicable Ordinance 4-6 Deed 16-21 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007110494 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARQUESA PLAZA, LLC. FORMERLY KNOWN AS LAS PALMAS LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Temp Sign-Permit5.06.04(C)(12) LOCATION OF VIOLATION: 13020 Livingston RD S Naples, FL SERVED: MARQUESA PLAZA, LLC FORMERLY KNOWN AS LAS PALMAS LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner — - �,vs. CASE NO.2007110494 MARQUESA PLAZA,LLC.(FORMALLY KNOWN AS LAS PALMAS,LLC) AND STEVEN HOVELAND MGRM(PROPERTY OWNER) AND JACKPOTS(BUSINESS)(RESPONDENTS STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Land Development Code,as amended,Sections, 5.06.04[C][12][d] 5.04.05[A][1],and 5.04.05[A][2]. 2. Description of Violation: A banner displayed without permits. 3. Location/address where violation exists:13020 Livingston Rd,(folio#00287480003) 4. Name and address of owner/person in charge of violation location. Marquesa Plaza LLC, (Formally Known as Las Palmas,LLC),Corporate Reg.Agt.,LLC,as Registered Agent For:, 5147 Castello Drive, Naples Fl 34110 ,Steven Hovland MGRM, 11963 Tamiami Trl, N. Suite 100, Naples Fl 34110,and Jackpots, 13020 Livingston Rd,Naples Fl 34110. 5. Date violation first observed: October 18th,2007. 6. Date owner/person in charge given Notice of Violation:November 30th,2007 7. Date on/by which violation to be corrected:December 20th,2007 8. Date of re-inspection: January 2nd,2008 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a pubs. • g. Dated this./7 Day of T ',2008 ciell now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r� � � Sworn to(or affirmed)and subscribed before this /S day of ��� ,2009 by. UkLN\ M 6 ' (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identificatidnproduced , Shirley M. Garcia Commission#DD501305 Expires: DEC.21,2009 BONDED THRU ATLANTIC BONDING CO.,INC. 2 COLLIER COUNTY CODE ENFORCEMENT Q......1) NOTICE OF VIOLATION Date: 11/20/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 MARQUESA PLAZA LLC '" CORPORATE REG.AGENT,LLC AS REGISTERED AGENT FOR 5147 CASTELLO DRIVE NAPLES FL 34110 [PROPERTY OWNER] JACK POTS 13020 LIVINGSTON RD NAPLES FL 34110 [BUSINESS] Zoning Dist PUD Sec 18 Twp 49 Rng 26 STEVEN HOVLAND MGRM Legal: Block Lot 11983 TAMIAMI TRL N,SUITE 100 subdivision NAPLES FL 34110 Location: 13020 LIVINGSTON RD Folio 00287480003 OR 3781 Page 3476 Book Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No. 2007-44, as amended,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- You are directed by this Notice to take the following corrective described location. action(s) OBTAIN PERMITS FOR COMING SOON SIGN.AFTER THE FACT PERMIT FEES OF 2X THE AMOUNT OF THE NORMAL PERMIT Ord No. 04-41 THE LAND DEVELOPMENT Section 5.06.04][C][12][d) FEE ARE TO APPLY. START DATES ARE FROM 11/19/07 CEASE CODE as amended PLACEMENT OF ANY SIGN NOT IN COMPLIANCE WITH AND ED Ord No. D4-41. THE LAND DEVELOPMENT Section 5.04.05[A][1] ACCORDANCE TO THE LAND DEVELOPMENT r'rm" -,c „...—� CODE as amended 1 iNir`nppnRATED COLLIER COUNTY r I No. 04-41 THE LAND DEVELOPMENT Section 5.04.05[A][2] CODE as amended ❑Ord No. Section flSupplemental attached DOrd No. ,as amended Section DOrd No. ,as amended Section ON OR BEFORE: DECEMBER 20TH 2007 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that Did Witness: may result in fines up to$500 and costs of prosecution. OR ON 10/18/07 1-BANNER ATTACHED TO WALL, COPY READS 2) Code Enforcement Board review that may result in fines up to COMING SOON JACK POTS, INSTALLED WITH OUT FIRST $1000 per day per violation, as long as the violation remains, and OBTAINING A VALID COLLIER PERMITS. THIS IS CONTRARY TO costs of prosecution. THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. VED BY: F-(Supplemental attached Personal Service ['Certified Mail ['Posting of Property ❑atALL Fax ❑Mail INQUIRIES AND COMMENTS SHOULD BE = - CTED TO CODE in.3 t -L4--- ENFORCEMENT KIT* T.SNOW Signature and Title of Recipient INVESTIGATOR: LO(�- ,9-_n{ , .�p�ts. 2800 No.Horseshoe Dr. Naples, FL 3411- �7� (239) 403-2314 F-i 9)403-2493 Print Investigator signatur= 04Dated this 20TH NOVEMBER 2007 day of ,...,JIOLATION STATUS: '!Initial DRecurring [I Repeat Nntire of Vinlatie n Clrioinal tn File C',nnv tn Recnnnrlent fnnv for Site Poctine C'onv for official Pnctinv Rev 4/04 3 . --- 1H01HSH1013d• 3AN3dO dOl1d H3H3LLS 3Ditld - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. S �' tire item 4 if Rest'celivery is desired. /�✓� '� 0 Agent • Print your name and address on the reverse • ❑Addresse so that we can return the card to you. B. Rec ived by( 'rinted Name) to Gof ellver 1 • Attach this card to the back of the mailpiece, B. / G�m or on the front if space permits. '76 6 ` U! D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: MARQUESA PLAZA LLC a+„I NOV [- F r..1,11-1 STEVEN HOVLAND MGRM 11983 TAMIAMI TRL N, SUTIE 100 ! NAPLES, FL 34110 3. Se ceType Case Nbr - 2007110494 � ed Mall ❑Express Mail Registered ❑Return Receipt for Merchandis ❑ Insured Mail ❑C.O.D. ' 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article h' 7007 0220 0000 4038 4751 'J'1 3 NOV (rransfe PS Form 3811,February 2004 Domestic Return Receipt I, I " 102595-02-M-15 • U.S. Postal Servicemi CERTIFIED MAILT„, RECEIPT rq (Domestic Mail Only;No Insurance Coverage Provided) ul N For delivery info rmation visit ourwebsite at www.usps.com OFFICIAL m O Postage $ Certified Fee CI Postmark O Return Receipt Fee Here O (Endorsement Required) Restrictarl nelivery Fee (Endon rU MARQUESA PLAZA LLC fU Total STEVEN HOVLAND MGRM Sent T11983 TAMIAMI TRL N, SUTIE 100 r' NAPLES, FL 34110 Street, or PO Case Nbr — 2007110494 City,S PS.Form_3800,August 2006 ..See Reverse for` Instruction 4. ✓.V V.VV Vlvl.✓ be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. (Ord. No. 04-72, § 3.U) 5.06.04 Sign Standards for Specific Situations A. Real estate signs: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign with a maximum area of twelve square feet in size per streetfrontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign with a maximum 32 square feet in size, per streetfrontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum of 64 square feet in size, per streetfrontage for each parcel or lot in excess of ten acres in size. A building permit is required. 4. Real estate signs shall not be located closer than ten feet from any property line. In the case of undevelopedparcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) �-• 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel one to ten http://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancyparcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along anarterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancyparcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 7. will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. h. Ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building to which the sign is appurtenant. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign , consistent with the provisions of this section of the Code. Development of sign planting area landscaping shall be pursuant to Section 4.06.03 A. of this Code. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. �., 3. Directory Signs. Multiple-occupancyparcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public http://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 62. right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenants larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under- canopy sign shall be allowed for each establishment in a shopping center . This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise,accent lighting , back lighting and accent striping are prohibited on canopy structures. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 t9. d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e. Signage, logos, advertising and information are prohibited above gas pumps. f. Wall signs: As allowed in section 5.06.04 C.4 of this Code. g. Signs: As allowed in this section of the Code. 9. Signswithin planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. a. All flagpoles with a height in excess of 15 feet above finished grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family orduplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels , flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. in all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. c. All flags in all zoning districts shall have a minimum five foot setback from all property lines. d. All flagpoles that are permitted must display their permit number at the base http://libraryl.miinicode.com/newords/DocView/13992/1/36/42 10/17/2007 of the flagpole in minimum 1/2 inch numerals. 11. Conservation Collier signs. In addition to other signs allowed by this Code, lands �-� acquired for theConservation Collier lands program shall be allowed to have one ground sign having a maximum height of 8 feet and a maximum sign area of 32 square feet to identify the main preserve entrance. This sign shall require a permit and shall be allowed if there is no principle structure on the property. 12. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on,the pole supporting thesign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. All signs for the candidate or the issue for which the permit was issued must be removed within seven days after the election, referendum, or other event that the sign pertains to. Failure to timely remove each such sign will constitute a separate violation of this Code and the permittee will be subject to issuance of a citation from Collier County Code Enforcement and all other penalties allowed by law. ii. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. iii. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 32 square feet per sign, and shall be located no closer than ten feet to any property line. The number of such signs shall be limited to one signs for each lot or parcel per bulk permit issued for each candidate or issue. iv. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. v. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. vi. Political signs shall be erected not more than 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. b. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than ten feet to any http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 property line. Such signs shall require a building permit. Special event signs shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the eventhas taken place. d. "Coming soon signs". A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of temporary use permit or until the issuance of a permit for the permanent sign, whicheveroccurs first. A temporary use permit will not be issued until a building permit for the principal structure is applied for. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this sign may not be located within any public right-of-way oreasement . e. Holiday decorations. Seasonal decorations will be granted a permit for a period of 30 days prior to the holiday they are celebrating and will be removed no later than 15 days after the holiday. 13. Special purpose signs (on-site). Due to the unique and varied nature of the following uses, additional signs may be required to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: a. Time and temperature signs. One time and temperature sign having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such signs may be affixed to the structure of a pole or ground sign. Such sign shall require a building permit. b. Barber Pole signs. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful sign if the following and all other applicable requirements are met: i. The barber pole sign is attached to the exterior wall of an establishment providing the services of a licensed barber; ii. Each such establishment (barbershop, salon, etc.) is limited to only one barber pole sign; iii. No barber pole sign may move or rotate except when the establishment is open and providing the services of a licensed barber; and iv. All barber pole signs that illuminate, whether or not they rotate, otherwise comply with section 5.06.06 C.16. for illuminated signs. 14. Commercial, business park and industrial directional or identification signs. Directional or identification signs no greater than six square feet in size, four feet in height, and located internal to the subdivision or development and with a minimum setback of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual �., components of the development. Directional or identification signs maintaining a common architectural theme may be combined into a single sign not to exceed six feet in height and 64 square feet in area. Such signs shall require a building permit. For http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 /2 4.05.02 of this Code). b. One (1) paved parking space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces), along with a paved access aisle and barrier-free access to the unit (for dimensions, see section 4.05.07 of this Code). c. All parking spaces as shall mae be approved by the County other dustless material may designee. driveways and handicapped spaces shall be paved. 3. Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 4.06.00 and approval by the County Manager or designee as follows: a. One (1) canopy tree per thirty (30) linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. 4. Vehicular use areas shall be set back a minimum of ten (10) feet from the property line. 5. Lighting. 6. Sanitary facilities. • 7. Fire protection. 8. Environmental impacts. 9. Stormwater management. 10. Any other requirements he ts determine ned byte County Manager or designee to be necessary for the public Temporary Events A. Temporary Sales. -- 1. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, • lawn sales, and similar private home sales), the County Manager or designee may grant nonrenewable permits of up to fourteen (14) days duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed twenty-eight (28) days. A multi-tenant building of ten (10) or more businesses with annual leases may utilize a maximum of forty-two (42) days per calendar year for temporary sales. Temporary use permits may be permitted for up to an additional four (4) weeks when approved by the BCC. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the BCC shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. /3. 2. Temporary sales permits may, in support of the use being permitted, include the placement of one (1) sign, a maximum of thirty-two (32) square feet, or two (2) such signs for properties containing more than one (1) street frontage. In addition to the allowable signs, merchandise, temporary structures, and equipment may be placed on the site. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of this LDC and shall be subject to the penalties herein. 3. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(6) below. 4. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in sections 5.04.05(A)(5) and 5.04.05(A)(5) below. The issuance of a temporary use permit shall not be issued for undeveloped properties. 5. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. The County Manger or designee may, in determining a specific benefit to the public, grant a temporary use. permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. 7. A temporary sales permit shall meet the procedural requirements of Chapter 10. The applicant shall demonstrate that provision will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Additional parking requirements. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. /4 d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one (1) two- (2) day permit for such events during each six- (6) month period. Such permit may include the use of temporary signs located on the property where the sale is being held, limited to a maximum of two (2) signs, no greater than four (4) square feet each. No signs shall be placed in any public rights-of-way. If the temporary use is not discontinued upon expiration of the permit, it shall be considered a violation of this LDC and shall be subject to the penalties herein. B. Temporary seasonal sales. A nonrenewable five (5) week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued for the following season/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties, provided the applicant submits a CSP which demonstrates that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures.. b. Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten (10) percent of the parking required by section 4.04.00 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs, and merchandise. The minimum required number of handicapped parking spaces pursuant to section 4.04.00 shall remain available for usage. c. Limited activity hours. d. Watchmen, fencing, and lighting. e. Fire protection measures. f. Sanitary facilities. 3602222 OR: 3781 PG: 3476 MORBID in OFFICIAL RECORDS of COLLIIR COMM, FL 04/22/2005 at 04:0111 DWIGHT B. BROCK, CLERM_. COIS 12500000.00 """s Instrument Prepared By: RIC FIR 27.00 Harold A. Tzinberg, Esq. DOC-.70 87500.00 Blumenfeld,Kaplan& Sandweiss,P.C. Retn: 168 N.Meramec Avenue,4th Floor 5147 CB SLACK D AL Clayton,Missouri 63105 51P7 SAFLB34O 3R Yt NAPLES FL 34103 ,�- 3 PREPARATION ONLY WITHOUT BENEFIT OF TITLE SEARCH OR OPINION. 44044 e-1 /6 -D 6 Z 8 7'i' O O O 3 CO THIS WARRANTY E P •- -w day o- , 2005,by: BALDRIDGE-PINE y company U 1. '‘ - hereinafter called the Grant.; LAS PALMAS, LLC, •' •° 'da limited liabili '-: p• hose mailing address is: 11983 Tamiami Trail Suite 100,Naples, y t. 34110 hereinafter called the Grantee. -4/E C 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;y 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 a Lamb. v-s,1517- CO(' Witness#1 Si 1p 1111/1 Harold A. g CJ BY: ►� ����`� Witness #1 Printed Name �n , a ember 4/ 1- / �•, tness -1 Signature 12aK,,tcr. Witness #1 Printed Name STATE OF MISSO URI ) 2111E CI 2, ) SS COUNTY OF ST. LOUIS ) On this l C t- 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 k Bracy,Notary Pubic St.Charles County,State of Missouri a.A,00,A._. a - My Commission Expires 7/11/2006 Notary Public 1521749.DOC;1 2 i * OR: 3781 PG: 3478 *** EXHIBIT A The West one half (1/2) of the Northwest one-quarter (114) 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, Collier County, Florida, said point of commencement also being the centerline intersection of Pine Ridge Rd. (C.R. 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 00'18'54' 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 00'15'33' 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 • • ; 000 C)5 847 I (Requester's Name) III (Address) I !/ 600056244936 (Address) (City/State/Zip/Phone#) 0 PICK-UP WAIT Q MAIL (Business Entity Name) M.HODGES (Document Number) n Certified Copies Certificates of Status 07/01/05-01017--003 4425.00 Special Instructions to Filing Officer: 6.0111. l/v Office Use Only c71 TRANSMITTAL LETTER r TO: Registration Section Division of Corporations SUBJECT: LAS PALMAS, LLC (Name of Limited Liability Company) The enclosed Articles of Amendment and fee(s)are submitted for filing. Please return all correspondence concerning this matter to the following: JOHN PAULICH, Ill (Name of Person) PAULICH, SLACK&WOLFF, P.A. (Firm/Company) 5147 CASTELLO DRIVE (Address) NAPLES, FL 34103 (City/State and Zip Code) For further information concerning this matter,please call: JOHN PAULICH, at( 239 ) 261-0544 (Name of Person) (Area Code&Daytime Telephone Number) Enclosed is a check for the following amount: 0425.00 Filing Fee 0 S30.00 Filing Fee& 0 $55.00 Filing Fee& 0 S60.00 Filing Fee, Certificate of Status Certified Copy Certificate of Status& (additional copy is enclosed) Certified Copy (additional copy is enclosed) STREET ADDRESS: MAILING ADDRESS: Registration Section Registration Section Division of Corporations Division of Corporations 409 E.Gaines Street P.O.Box 6327 Tallahassee,Florida 32399 Tallahassee,Florida 32314 2 ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION OF LAS PALMAS, LLC r _ (Present Name) (A Florida Limited Liability Company) FIRST: The Articles of Organization were filed on AUGUST 09, 2004 and assigned document number L04000058871 _ . SECOND: The following amendment(s) to the Articles of Organization was/were adopted by the Iimited liability company: Article I-The name of the Limited Liability Company is: MARQUESA PLAZA, LLC ct 1+ Dated d�^I aD z�.• A. niPv—r /i-14-z oelr'✓ Signature of a member or authorized representative of a member Typed or printed name of signee Filing Fee: $25.00 2/ n tar t;er Courai FL tyVie v Proper €nh3r n�Iit n t o Setup) X• 2 _ .».._._ d v8tl0n, Create Bookmark ,, t3 z fi SFr u'''+,a k .?„,' 'Y,M[ is a xac, ,,.:. •rr,«z a. "kz a a, Pint: Catalog1�..Y±�arrnc Help NavxJ . Case.G�tr AcUti+� � Inspector �'+,�` a . ® a Motions Fees !D oet�rnentsand •es Correspondence �d des& bJ f i_. e 6af °� d ,r ., ?a _ „s-'”— z...: r. ;.ix'=Fri, 'S�,a�e, .a.:,,,: .�. c.5'`° .. l! , x Case Number.2D07i10494 Description Type 1 Property Alert } 287460003 _._ .;o r pe : ? VI dr?ate s [ 417,1°''''' ..`.-, Status Opert. t 13020 Linngston RD S Naples,FL Address Inspector ;tCitchell Snow 7003 Property Moderate € -. ,• }� #mod Add Fee to this Case ' : View All Activities on this Case Add a new ep rson or business to Address Book r Add New Letter s .• a .,, .g sue + Letters/Notices for currentCasei Select corresponding Vehicle: Select corresponding Violation: ' Property Infor' LetterT • s VIN License Number Violation Status r•tire of Violation 5.06.04(C)(12) , k e of Violation i ice f Violation Select corresponding Hearing: a Notice of Hearing T� � - Notice of Hearing Code EnforcementHearingon 3/27/2 ... Notice of Hearing Y a �a e {° r , r� a aka Add Recipient To link a reapient to this letter;±nter contact informafion below. CityView will suggest possible matches as you type; MARQUESA PLAZA LLC, s•STEVEN HOVLAND MGRMDD11983 TAMIAMI TRL N,SUTIE 1000�NAPLES,FL 34110 I ' • Description Reference �,Letter.,Aecapient Stal .:DatePrinted,:. s — .MARQUESA PLAZA LLC,Address:STEVEN HOVLAND MGRM Letter Generated I 1 l Delivery Method I v Delivery Commentsi I t;, s c Oe F sii COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007110494 Board of County Commissioners, Collier County, Florida vs. MARQUESA PLAZA, LLC. CORPORATE REGISTERED AGENT. LLC AS REGISTERED AGENT FOR; STEVEN HOVLAND, MGRM (PROPERTY OWNER) JACK POTS (BUSINESS) Violation of Section(s) 04-41, The Land Development Code, as amended, Section(s) 5.06.04[C][12][d], 5.04.05A[1], 5.04.05A[2] Kitchell T. SNOW, Code Enforcement Official Department Case No. 2007110494 DESCRIPTION OF VIOLATION: Banner displayed with proper permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. 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 of 2 x the amount of the normal permit are to apply 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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, sCc'rA (,moon behalf of himself or (I2. 0 fY $(&Z as representative for Respondent and enters in 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. X7Resp ent Mich a old, Director Code En4 ) ;nt Dment 314-7/4 ate Xate 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. tA DONE AND ORDERED this 2 day of rl I ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORID BY. �� / % erald LeFebv -,Chair 7 2800 North orseshoe D've Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ZJ P day of I 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 HOI.TON ti MY COMMISSION It DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: V40' Bonded Nu Notary Public Undenenters CERTIFICATE OF SERVICE li I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail Mar uesa Plaza,LLC,Steven Hovland, 11983 Tamiami Trail N.,Ste. 100,Naples,FL 34110 this Z- ' day of , 1 ,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, 21'o7 on behalf of himself or (i2QPl y OM/4 as representative for Respondent and enters in 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 1 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. ( , .4; ,/./. ..L......„...._ --z-vo, _ , )(Resp ent Mich old, Director Code Enforce nt Dep ment /2-7/4 ate 3 v,1- 7 / ' Date REV 2/23/07 3602222 OR: 3781 PG: 3476 RICORDID in OFFICIAL RECORDS of COLLIER COMM, FL 04/12/2005 at 04:0111 DWIGHT B. BROCI, CLERI_ COTS 12500000.00 Instrument Prepared By: RIC FEE 21.00 Harold A. Tzinberg, Esq. DOC-.70 87500.00 Blumenfeld,Kaplan&Sandweiss,P.C. Retn: 168 N. Meramec Avenue,4th Floor 5147 CB SLACI Et AL Clayton,Missouri 63105 NAPLES CHUM DR Yt RAPLES FL 34103 — 3 PREPARATION ONLY WITHOUT BENEFIT OF TITLE SEARCH OR OPINION. ,?/,cc rZ i6 14-66 Z 8 7 tie o o 0 3 R COU` :orl'ir r :kit 11�' G� THIS WARRANTY E t - . , day o. ' , 2005,by: BALDRIDGE-PINE :1 ' , •°- I d"r..ili r company i hereinafter called the Grant , . !' E"' LAS PALMAS, LLC, • ��,•k'da limited liabili,: p- . hose mailing address is: 11983 Tamiami Trail Suite 100,Naples, . a • 34110 hereinafter called the Grantee. CIV-C 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.D)C;( 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 _ la Lira, �� R COLT ' Witness#1 Si lelfah0111111 0 44' , , 4 Harold A. - LJ BY: t Witness#1 Printed Name _ . -n • , a ember C III tress -1 Signature fl RGvictof r Witness #1 Printed Name STATE OF MISSOURI ) 71/1E Cjt2,� SS COUNTY OF ST. LOUIS ) On this t C t 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 k Bracy,Notary Pubic St.Charles County,State of Missouri 3o-- i- - a - My Commission Expires 7111/2006 Notary Public {521749.DOC;} 2 *** 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, leas the North 75.00 feet thereof and LESS AND EXCEPT: Commencing at the Northwest corner of Section 18, Township 49 South, Range 26 East, Collier County, Florida, said point of commencement also being the centerline intersection of Pine Ridge Rd. (C.R. 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 00'18'54" 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 00'15'33' 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 • . .o. '' ' ' West, a distance of 20.00 feet; thence South 0-15'33° East al• g9 t- P ' '0 feet East, as measured perpendicular to the West line • -'ection 18, • '01 e of 745.27 feet; thence South 89'39'19' West, a di d-e) : 30.00 feet, to the es, line of said Section 18; thence North 00'15'33- West a • • 1245.27 feet, point of beginning. Basis of bearings is the We t II .• . • • - • 00'15'33- East. "I'>_, -k) (.0 7 1 E CI -C (521749.DOC;) ---- - - /L' COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. MICA Holdings, Respondent(s) Case No. 2007070696 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-10 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board i-� Case: 2007070696 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MKA HOLDINGS LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5939 Shirley ST Naples, FL SERVED: MKA HOLDINGS LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON MATH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MKA HOLDINGS PROPERTY OWNER)Respondent(s) DEPT CASE NO.2007070696 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s) 04-41,The Land Development Code,as amended, Sec(s) 10.02.06[B][1][a]AND 10.02.06[B][1][e][i]. 2. Description of Violation: Structure/additions of office space,stairway and canopy without the proper building permits. 3. Location/address where violation exists:5939 Shirley Street Naples Fl 34109. 4. Name and address of owner/person in charge of violation location: James M Walker,As Registered Agent For:MKA Holdings,LLC,5939 Shirley Street,Naples Fl,34109(Property Owner) 5. Date violation first observed:July 24th,2007. 6. Date owner/person in charge given Notice of Violation: September 21st,2007. 7. Date on/by which violation to be corrected: September 30`h,2007. 8. Date of re-inspection: January 31st,2008 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier Coun Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a +ublic • g. Dated this 8th Day of February,2008 �T Sri Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ��- Sworn to •r a - •efore this 8th day of February, 2008 by •,L. L o otary Public) (Print/Type/Stamp Commissioned �� Name of Notary Public) Personally known �/ or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced Delicia Pulse ,—', , Commission#DD629723 -`Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. REV 3-3-05 2 ' J ease1VumDer Luu/u/voro COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements ,........._......__„.-----.,:,. NOTICE OF VIOLATION Respondent Walker,James M(Reg Agnt) Date: 09/04/07 Investigator: Tom Campbell Phone: 239-403-2492 MICA Holdings,LLC Zoning Dist Industrial Sec 11 Twp 49 Rng 25 -ng: 5939 Shirley St. Legal: Subdivision 100Acreage Block 153 Lot .000 Naples,FL. 34109-1817 Location: 5030 Shirley St. Folio 00246760007 OR Book 3986 Page 1116 Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Violation(continued): Ordinance 07-44,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 0105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or perform any construct,enlarge,alter,repair,move,demolish,or change the occupancy other work which disturbs the existing structure and/or compaction of soil in of a building or structure,or to erect,install,enlarge, alter,repair,remove, any right-if-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work ®10.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project. structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is ❑10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other On 7/24/07 I did observe: first floor office additions, second applicable county regulations. floor offices and a stairway have been illegally added without ,,._ 10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of obtaining Collier County Building Permits. Also offices and any type,repairs or remodeling of any type that requires a building permit has walls have been illegally added to warehouse area without the been completed, all required inspection(s) and certificate(s) of occupancy permits. rm required pe must be obtained within 60 days after the issuance of after the fact permit(s). Order required to pe Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II [E]Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are g otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or El Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings, structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc Must effect, or cause, repair and/or rehabilitation of described unsafe ❑to occupancy Physical Safety[pools].one Whew pool family dwelling commences es same buildin structure/s stems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same €� y property,the fence or enclosure required shall be in place at the time of final demolition of same. , building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the Violation(s)must be CORRECTED BY: 09/30/2007 fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at ' Date the site. Activities prohibited prior to permit issuance shall include,but are Respondent's Signature Date not limited to, excavation pile driving (excluding test piling), well drilling, �'— _ formwork,placement of building materials,equipment or accessory structures /�/ Date and disturbance or removal of protected species or habitat,etc. Investigat. ' t• it �i ,ection 106.1.2 Certificate of Occupancy. — [106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, _ etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 o m co > C \CSC cCI ca O -� li 1 W U �m _ o $ O E 12 '.° m "it V N m O m Zp m 7 aK 5 0. , a m a a .>_ U -0 w ¢ 0 U a } Z co 8 Q >C m ,0 ri. v r om E V m y T m v0 L (1)co )1)rI O I O rq cc U m d O o C uj U rn O 0 ¢NOiroYE ate° o CI to °' ° .0 d'OLD m al a N 9-I c--) N r N r m I IU Lu Nom ° jL Q Qx W D 7 J-. r m m YO w 0 Vl N Z N N En Ci Q. CD U m C 12 N x W N 0 .41 O C U O (� p.� N r- LmNw O\ cS as ! N. pp U. m� = s ZV7Z U CO • W E E"5 8 IS m 1 E _U O -_.Q` O m t 0 Z L LL Z_ _U. n. NQ O 4 L fn • 1 ei suogoniasui]o)asaaia},3 ZaS .9 O z"1 sn6ni AD8£_u:ion 5 - . 2 9690LOL00Z - .zqN ase� '0 0 is• o LT8T-60I 'I3 'S$'IdidN 3s -t.J IS AS'RIIHS 6£6S O I'I'I SDNITIOH F}IIAI L ftJ ru us, CI ) ead/Ua/uIap pe+.,l.,oay (pe lnbea luawasiopu3) O alaH au ldiaoey wnlad p AeWasod aad pay11i00 ,"-", $ a8elsod D UJ ywoo sdsn'nn�u+nrt a l+.sgan ono isin_uoiisw o w AJ M a)p�oj EJ E-' (papnoJd e5erano3-00uernsuI oN`/fjupReyy wisp/110W w 1d1a3g i 1J1I1V111 O31d11.1:133 'l9O MaS 12/sod S1) 4 1 V.V t..v v cu A +- ��- TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months—Third Phase 18 months—First Phase 30 months--Second Phase 54 months 4 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits must meet the requirements for that A. Generally. Any permit submitted to the County particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or te or development, such development orders or permits must be ecured d from sand/ or federal agencies prior to commencement of any development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where shall meet all of the requirements of F S development of regional imp (DRI), ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction(ADA) for a DRI shml be Submission of the application for development approval simultaneous with the submission of tion required by thisrCode to' allow application or other land use related petition concurrent reviews and public hearings oeconditional use applications. The DRI the BCC of the ADA and rezone and rezone and/or conditional n use rdersb oappe mierando commencement of required county development or development. 2. No approval of the final subdivision rpl plat, with the plans or shall authorization � proceed with construction activities in compliance permit if (1) it can be shown that County to issue a development order or building er will result in a reduction in the issuance of said development order or building permit level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all asc'Itie'slsOrdinance e[Code ch. 106, art. I comply ll] and the Collier County Adequate Public Facilities 1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. g- a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the State submission of nFlo da. Property certified stakesashal land l be en oplace engineer licensed in t the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any b //libr 1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 ttp: ary THISINSTRUMENTWASSPREPARED 3789105 OR; 3986 PG; 1116 WITHOUT THE BENEFIT OF LEGAL RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL OpIN►ON OR TITLE p(pMiNATIOhI 02/22/2006 at 07:58AM DWIGHT B. BROCK, CLERK This Instrument Prepared By CONS 2031874.00 L. N. Ingram, III, Esq. RIC PIE 27.00 Attorney-at-Law DOC-.70 14223.30 Florida Bar No. 038572 Retn: Suite No 302 GLOBAL TITLE CO 900 Sixth Avenue South 13500 TAMIAMI 0RL 8 #9 NAPLES FL 34110 Naples, Florida 34102-6792 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 ,• •i ' LC. , A Florida VOA y Company whose post office addre- 5939 Shir--- reet ____Naples, Flo id- 34109 of the County of Col ie', Stat- o lori a, G: • EE. E That said Granter-, - r - nsi--= � of the sum of TWO MILLION THIRTY-A THOUSAND EIGH 4* p- -EVENTY-FOUR DOLLARS ($2, 031,874.00) and of -ood and val -plc) consideration, to said Grantors in hand paid by s- dTpftntc t ot= 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. 8. 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" E, 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 i e -t 1/4 of said Section 11; and Both parcels are c•• � --• subject to re-tai ions, reservations, easements, drainag= ea= -ments and road rig.. s-• -way of record. Both parcels are ••nv ye•-s .2ec o out tandi.g - sesements for the Pine Ridge Munici•al - + ' - - .^ . : ' ant' ad valorem taxes for the calenda. y== - �' ' 44 •f hich the grantee expressly agrees to = um- - .d p,. = -s I. •a t, and said Grantors d• 1 y warrant t; - ti le Z.1.• said land, and will defend the same again ttpt•e lawful cla�: • Al persons whomsoever. IN WITNESS WHEREO Grantors . - •-reunto set the Grantors hands and seals is se 17t• a. ary, 2006. igne• , sealed, • •elivered in th-. p -se. i:-0. -• , 1� itness ' . 1 Stewart - - " ar , Grantor • O. . i j.r�i [Printed Name of Wita 1.]' J Qt401-d-[LS] Mary Ef Macfarla , Grantor [2] / 0-l4i / l . 6to-4am,_ Witness 2'o ' t S 07. IO,f O cc") [Printed Name of Witness 2.] c:stnaac.d•• rev. 02/16/06 -2- -- --- - . .--.. -- .. • *** OR: 3986 PG: 1118 *** • STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument w s acknowledged before me this the 17th day of February, 2006, by STEWART T. MACFARLAN and MARY E. MACFARLANE, [X] who are personally kno me; or [ ] who produced a Flor'da,Driver' Li en �' identification. N. ota . • • c J % L.N.INGRAM III 1 / MY COMMISSION N DD340142 i .� 4../ °�1m` 145e": ' T -d Name of Not$ •lic] 14013+10rettr Ft NaeyDYmet Comma • Number:,�,� Comm on Expires: I- „CD c:at:uaae.d•e re►. 02/26/06 -3- Pant Catalog J C ynartuc Help,. Navigation Create Boolenark c �Gase Gets �,� rty,�r�a�tng - 134Ins p e tor ,� ?��'��+� , � o a3 f ki. u A a Vielations2, r Fees Deduments:end I Correspondence 1 fear •s t v11' Case Number 2007070696 Description • l Type Property Alert. a 246760007 �rflpertg+ 3 ' g Status lOpen w++ t,� 5939 Shirley ST Naples,FL Address *i .Inspector 'Kitchell Sriow 246760007 Property ,s Add Fee to this Case View All Activities on this Case Add a new eo rson or business to Address Book r • .. 1- ' �" „ Add New Letter Letters/Notices for current Case: Select corresponding Vehicle: Select corresponding Violation: Property Infor' Letter T • s VIN • License Number •- Violation Status 10.02.6(B)(1)(a) O .tice of Violation K4' Select corresponding Hearing: . Title Code Enforcement Hearing on 3/27/200 m � a p• s Add Recipient • To link a recipient to this letter,enter contact information below. City View will suggest possible matches as you type: IMKA HOLDINGS LLC,Address:5939 SHIRLEY STD❑❑❑NAPLES,FL 000341091817 Re . . . Description ( Preference Letter Recipient Staff Date Printed... MKA HOLDINGS LLC,Address:5939 SHIRLEY ST Letter Generated; . y : 1 Delive ry Comments u _ t�l,Lccurrn start., n E2 n `gam t o '^ r,Era COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007070696 Board of County Commissioners, Collier County, Florida vs. MKA HOLDINGS JAMES M. WALKER AS REGISTERED AGENT Respondents) Violation of Section(s) 1 0.02.06]B][1][a], 10.02.06[B][1][e][i], , 04-41, The Land Development Code, as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007070696 DESCRIPTION OF VIOLATION: Construction/ Remodeling/Additions of office space, stairway and canopy without proper building permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Obtain ATF permit(s) 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 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 construction waste to the appropriate site for such disposal. 2. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 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' Ahl144 N*1 on behalf of himself - 6�n'' 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 p I disposal. j el- 51C4._ p d` -dam. t e C CC?LAru.6. fps Co„_t_ 'Tv b°�a nr�." 4-rd (+oh=tr.J.., 31.1.%%..t , 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 �d in order to conduct a final inspection to confirm abatement. r iti A . a / / . � A' ir pondent Michel ' A mold, Director Code Enforcement Department 3 . 2-1, b3' 34 -7 F 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 10.02.06(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)(1)(a)and 10.02.06(B)(1)(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. 00 DONE AND ORDERED this Z day of_,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLO' DA/ / BY: • A / 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")Oday of , 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, F rids,who is personally known to me or ✓who has produced a Florida Driver's License as identification. - ' IOiISTINEHOLTON N TARY PUBLIC * �• MY COMMISSION#DD 688595 My commission expires: ',, Bonded ThIRES:June 18,2011 Notary Pubtic Undatw�tsra CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been�sent^by U. S.Mail to MKA 2 Holdings, LLC,5939 Shirley Street,Naples,Florida 34109 this - day of 6 4 AJ ,2008. �22Q_ 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 A1444416714/1t, on behalf of himself art- 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 o� 51D- I)d' -2 fre C er?e jC er► c , fes Coy,;_ kaa.,, i v i›044-14, tai-op 1✓r.L. 3G-�-c, 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 a�d in order to conduct a final inspection to confirm abatement. I. Al ' # ' ' P7E4 if pondent Michel mold,' Director Code Enforcement Department 3 _ 2-7• b g' 3/a 8 Date Date REV 2/23/07 THIS INSTRUMENT WAS PREPARED 3789105 OR: 3986 PG: 1116 WITHOUT THE BENEFIT OF LEGAL RECORDED ill OFFICIAL RECORDS of COLLIER COUNTY, FL 'OPINION OR TITLE EXAMINATION 02/22/2006 at 01:58AN DNIGRt E. BROCE, CLINK This Instrument Prepared By CONS 2031874.00 L. N. Ingram, HI, Esq. RIC FEE 27.00 Attorney-at-Law DOC-.70 14223.30 Florida Bar No. 038572 Ran: GLOBAL TITLE CO Suite No. 302 13500 TANIANI TRL 1 #9 900 Sixth Avenue South NAPLES FL 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 ,• ..i •ems LC. , A Florida 4000a Company whose post office addre-t - : 5939 Shir--- reet Naples, Flo id- 34109 of the County of Col ie •, Stat= o lori.a, G' • EE. PThat said Grantet-, si--- — • � of the sum of TWO MILLION THIRTY-, THOUSAND SIGH t;- 1 1- -EVENTY-FOUR DOLLARS • ($2,031, 874.00) and ot, -� -ood and val -+•1� consideration, to said Grantors in hand paid by s a rp.Tp -r .o1 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° 5, 383.88 feet to the PLACE OF BEGINNING. OR: 3986 PG: 1117 and Lot 132, J & C INDUSTRIAL PARR, 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" B, 667.70 feet for the PLACE OF BEGINNING. Thence N 0°31'42• W, 130.38 feet; Thence N 89°28'180 B, 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 parto -t 1/4 of said Section 11; and y� Both parcels are c•• • �: subject to re-ttai ions, reservations, easements, drainag= ea= -meats and road rig. s-• -way of record. Both parcels are -env y-.-s •'ec- o out=tandi•g - =sessments for the Pine Ridge Munici•al - .. ' - _ ,: - •- an.', ad valorem taxes for the calenda. y=- 111 1J - •f hich the grantee expressly agrees to = - um- p • - s •a t, �, and said Grantors d• -f 1 y warrant t',- ti le Z-• said land, and will defend the same again •e lawful clal a persons whomsoever. IN WITNESS WHEREO a• - Grantors - - . -reunto set the Grantors hands and seals is •e 17 . A.211-feIfIts ary, 2006. igne. , sealed, • •elivered in th- p -se• itness : * •Stewart - ' ar - , Grantor 1.11.E4:1 471.4-14 [Printed Name of Wit•fir 1.]' -�[LS] /9.,�- - 2 Mary E. Macfarla , Grantor Witness D 2/S #7, eRC CUA) [Printed Name of Witness 2.] c.a Cafac.d.. rev. 02/1i/Of -2- *** 011: 3986 PG: 1118 *** •• STATE OF FLORIDA COUNTY OF COLLIER �' The foregoing instrument waCs acknowledged before me this the 17th day of February, 2006, by STEWART T. MACFARLANii and MARY E. MACFARLANE, [x] who are personally kno me; or [ ] who produced a Flor'da•,Driver' Li ens- identification. N. j 4 '), • eNt. L.N.NO' ai ota . c *or MY COMMI.SSION%urn4o!u `% 14033,0 r A t y ,, ,/..�, 4 _. : -d Name of Not- - 'lid] Comma= Number:,�Q� Comm on Expires: AR ( HE C1-1 • • • e:atoaae.deo rer. 03/26/06 —3— COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Lennar Homes, LLC., Respondent(s) Case No. 20070000341 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-9 Deed 10-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: CES20070000341 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. LENNAR HOMES LLC, Respondent(s) / NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time, and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tam iami Trail East Building F, Naples, FL 34112 VIOLATION: Wind Sign5.06.06(0) LOCATION OF VIOLATION: Folio#49660081585 SERVED: LENNAR HOMES LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON 1MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CES20070000341 LENNAR HOMES LLC (PROPERTY OWNER) Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,The Land Development Code,as amended, Sec(s)5.06.06[0] AND 5.06.06[W]. 2. Description of Violation: Commercial flags(A/K/A wind signs)improperly displayed. 3. Location/address where violation exists: Folio only(49660081585). 4. Name and address of owner/person in charge of violation location: Lennar Homes LLC, CT Corporation System. (Reg. Agt.), 1200 S Pine Island Rd, Plantation Fl 32301 and Lennar Homes LLC,4415 Metro Pkway Ste 216,Fort Myers,Fl 33916-9408(Property Owner) 5. Date violation first observed:December 13th,2007. 6. Date owner/person in charge given Notice of Violation: December 27th,2007. 7. Date on/by which violation to be corrected:January 17t,2008. 8. Date of re-inspection: January 21'1,2008 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 22nd Day of January 2008 Kitchell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw. . to(or aff ±ed)and subscribed before this 22nd day of January, 2008 by ad GIL Al a (Signature of otary Public) (Print/Type/Stamp Commissioned i� Name of Notary Public) Personally known xi or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA • Shirley M. Garcia =Commission#DD501305 '• ,,,Expires: DEC.21,2009 BONDED THRIJ AiiAATIC BONDING CO.,INC. REV 3-3-05 2. Case Number:CES20070000341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LENNAR HOMES LLC Date: Dec/13/2007 Investigator kitchellsnow Phone: 239-403-2493 Mailing: LENNAR HOMES INC CT CORPORATION SYSTEM AS REGISTERED AGENT FOR: LENNAR HOMES LLC 1200 S. PINE ISLAND RD. PLANTATION FL 33324 LENNAR HOMES LLC 4415 METRO PKWAY STE 216 FORT MYERS FL 33916-9408 Zoning Dist PUD Sec 23 Twp48 Rng 26 Legal: Subdivision Block Lot 49660081585 Location Folio 49660081585 OR Book 4273 Page 3814 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 2007-44 as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above- described location. Ord No. 5.06.06(0) Section LDC 5.06.06(0) Violation Status - Ord No. 5.06.06(W) Section LDC 5.06.06(W) Violation Status- DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 12/13/07 WELCOME FLAGS , OPEN FLAGS ,AND LENAR FLAGS (WIND SIGNS) INPROPERLY DISPLAYED,ALONG WITH A LARGE BANNER ATTACHED TO THE SIDE OF A TRAILER ALONG IMMOKALLEE ROAD.VERBAL WARNING HAS NOT RESULTED IN COMPLIANCE.CEASE DIAPLAYING ANY SIGN NOT IN COMPLIANCE WITH AND ACCORDANCE TO THE LAND DEVELOPMENT CODE OF UNINCORPARATED COLLIER COUNTY. It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: 0. Wind signs. A wind sign is defined as any sign or display including, but not limited to, flags, balloons, banners, streamers, and rotating devices, fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants of any religious, educational, national, state, or political subdivision.: W.Any sign that constitutes a traffic hazzard, or a detriment to traffic safty by reason of its size, location, movement, coloring or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. [ 1 Supplemental attached ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. REMOVE THE WIND SIGNS (FLAGS AND BANNERS) REMOVE THE BANNER ATTACHED TO THE TRAILER.2. CEASE DISPALY ANY BANNERS OR SIGNS THAT ARE NOT IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE OF UNINCORPOrATED COLLIER n COUNTY Initial Inspection 3. [ ] Supplemental attached i--4. ON OR BEFORE: 1/17/08 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:KITCHELL T SNOW 2800 No. Horseshoe Dr. Naples, FL 34104 ailll , (239)403-2493- Fax: (239)403-2343 Investigator Sig A a _- Signature and Title of Recipient Printed Name of Recipient Dated: December 17, 2007 -U N 1 • C 111 11 • n cn m m 0 -1-1 -1=. r— › 0 ›rA 0....,c) z . - 0 =.-,a) g M 0 M 5 3 , 0) 71g-Z ii,- U) -...1 'N.)124--1 m =* c -"'''' . 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CI 03 CD @ 0 7S4 V) 11 b c @ ....... 33 tA •- a- 3-•r.-,--- ("--.. 0 t T m K 0 l„ a) = ' g. if/ 3 -, P hi, rn no 8 5" I,D LI 1 0 K OD it■ D 0 • . a) 'I', i< Z -( a › › g. o (1) 0.(0 ,/....‘", rP 0 cia. ; = a .-c" co 8 'a- m s; A CD Q 0 0 s /a..., 15--. $ • ± • • • \� 2 \ m r na g m \ oP)*33 ] ' � > 0 2 cp ; n =- a <m �_,' #_ Q g 2 ° ,Q 2 .± _-°0 =E -xi -� D 0 H U O > a %/$a 17 �\ . . . . c q � ' m § won &[« o 2 Q 0 = i \g$$R27 [ \ 2 q O � •• k �ck0-- DK f , 0 m ; /}E2k %■ . 8 ' " ! D 2 � � ƒ�� § O ' 2 2 2 {/[aa m ° U O R--§ a® ) / LJ 7 \\ //o k c m E. < . _ C f Q m @ t \ c ° % U..1 > . \ w _ p Pk ? § | Std ® / / 7 ' / \f 5.la 2. § $ k . \ / - E(% o ak %\ : /k Cr ` . 4 ▪ _ _ 2 a & & � ( § , * . \� \\q•\ ❑❑ ❑ � § \ ^ \ S \ - y / /} � oJJ % « / K. a e § 2 § B a \` • e ƒ° ^ 2 � E % " w»i U 3 p 2` 2 � } / O\} OO \ & / % ƒ / a ± > Uw� , E , � \72. > / CD § 2 \\ �. . . , g. on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon"). The only allowable--illumination source(s) forsaid sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or publicrights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted signs. J. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof signs. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. http://library 1.mi}n icode.com/newords/DocView/13 992/1/3 6/42 10/17/2007 7 State law references: Display of unauthorized traffic signs, signals or markings, F.S. § 316.077. - - N. Signs, commonly referred to as snipe signs, made of any material-whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. Jr 0. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of �• motion (excluding time and temperature signs). V. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. No sign shall be placed or permitted as aprincipal use on any property, in any zoning district except as follows: U-Pic signs, political signs or signs approved by http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 Q Book 4271 - Page 1505 Page 1 of 1 4060994 OR: 4211 PG: 1505 RlCORDBD in 0FFIC1A1 MODS of COLLIII COURT, FL o1I17/2001 at 09:161U1 KIM I. BECK, CLUES BC FII 163.00 DOC-.70 ,70 CUM 19.00 K1$C 1.90 Reta: LIEU By 10491 6 KIL$ MUSS PiK! This instrument prepared by: F? KYIRB FL 33912 Steven W.Simon,Est. Blizin Samberg Baena Price&Axelrod,LLP 200 So.Biscayne Boulevard,Suite 2500 Miami,FL 33131. GENERAL WARRANTY DEEI? (Bayvest) THIS GENERAL WARRANTY DEED,dated Pkwotak l l- ,2007,between BAYVEST, L.L.C.,a Florida limited liability company with an addres 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 ofRevenue,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,:inning 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. MIAMQI 1370726.1 7239327592 f OR: 4273 PG: 3836 Fax Audit No.H07-000210487 3 EXHIBIT "A" AGREEMENT AND PLAN OF MERGER This AGREEMENT AND PLAN OF MERGER(this "Agreement") is made and entered into as of the 21'1 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 CWRforth below,the parties agree as folio Non-Survivtn l Enti r name and j •iit a of formation of the Non- Surviving Entity are as foil•v :) Name of En 'ty State ,f Formation Lennar BV, L1 i ri a 2. Surviving Entity: name and jurisdicti of • :tie of the Surviving Entity is as follows: 0 Name of Enti 04cr, e of Formation 2' c1 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 /4 *** 011: 4273 PG: 3837 """ Fax Audit No.H07-000210487 3 �1 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 • .anization o ..3+., ' ' rti . Upon the Effective Date, the Articles of Organization, as - - •.'f • a. f,,� • -ement of the Surviving Entity shall be the Articles of 0 : . on, as amended, c .erating Agreement of the Surviving Entity. 7. Governing Law. This A.reem:. :11 be !•veme• by e laws of the State of Florida. ' 8. Counterparts. )►: 114;,;4- � -xec • ' .'. or more counterparts, each of which shall be •. m d an original, and . of ,1'eh v_ er shall constitute one and the same instrument. 7 ci [SIGNATURES ON FOLLOWING PAGES.] •-.„ 2 MIAMI 1392472.1 7239327592 Fax Audit No.H07-000210487 3 /1 4063652 OR: 4273 PG: 3814 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/23/2007 at OI:OIPK DWIGHT E. BROCI, CLERK. REC FEE 205.50 COPIES 24.00 Prepared by: Retn:ATTK:FRAHK REYNOLDS Steven W.Simon,Esq. LENIAR HOMES Bilzin Sumberg et al 10471 SIt KILE CYPRESS PKWY 200 S.Biscayne Blvd_,#2500 FT KYERS FL 33912 Miami,FL 3313I 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: . ". sursuant to the Certificate of Merger filed with the Florida Secretary of. r t rek so.:it,.y. •f law,title to the real property located in Collier County, Flop'. -�` - .r. on ° ' attached hereto once vested in LENNAR BV, LLC has •- • •- vested in LENN• '�_�'► S, LLC as successor by merger to LENNAR BV, L C. i Dated this,3day of i :.=__� --xi0 El.•-` I ].arHi..:s, LC CNI VI BY r- 1,~►► Print-_ Z , �r!i s s ��' Its: /alt. STATE OF FLORIDA ) > SS: � �� COUNTY OF L e ) The foregoing instrument was acknowledged before me this t.?3 day of A•..t , 2007,by 6r\ an }-,,,,rj ,as I'd_e Rte►d t•-.>4) of LENNAR HOMES,LLC,a Florida limited liability company, on behalf of said company. He/she ' (Q is personally known to me or( )ha s produced a State of Florida driver's license as identification and did not take an oath. NOTARY SEAL/STAMP . Notary Signature: _ . I y` r .r,, Notary Public State of Florida ?o4,,,, Sheila M Carney Print Name: R o My Commission 00537172 + %or n Expires 04/05/2010 MIAMI 1388902.1 7239327592 ■ i / . OR: 4273 PG: 3815 Fax Audit No.H07D00210487 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 FI• '.. corporation,its member B : 0. , '"/ et. 4r2-- 0,„)....s Title: , . .R C a 1 C. L AR HOMES, ■ C, a Florida limited liability t 1 (1:::;,', ;"" 31 . Title: , /,m o CI MIAMI IW �j¢j�? 275� Fax Audit No.H07-000210487 3 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CES20070000341 Board of County Commissioners, Collier County, Florida Vs. LENNAR HOMES LLC (PROPERTY OWNER) (Respondents) Violation of 04-41, The Land Development Code, as amended, Section(s)5.06.06[O] and 5.06.06[W]. Kitchell T. SNOW, Code Enforcement Official Department Case NO. CES20070000341 DESCRIPTION OF VIOLATION: Commercial flags(A/K/A wind signs) improperly displayed. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. 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. 2. Cease displaying any sign that is not compliant with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CES20070000341 LENNAR HOMES LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Tjitsscit Srr►i.4L �on behalf of himself or lx.,n,nec troon<. j 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. tif •esponden V Mi le Arnold, Director Code Enforce ent De artment 4tiftco 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: 1. 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 thirt," day of Al>61 ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD / COWER COUNTY, FL• ID/ BY: �i , ' , Gerald LeFebvre 'hair 2800 North H. seshoe Driv Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z�day of � 2008,by Gerald LeFebvre,Chair of the Cede Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. M MY COMMISSION M DD 686595 11 •1 D f EXPIRES:June 18,2011 NOTARY PUBLIC Bonded Thru Notary Publc Undenvdters nr,;h 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 Lennar Homes, Inc.,Corporation System, RA, 1200 S. Pine Island Roag Plantati 1, FL. 33 24 and Lennar Homes LLC, 4415 Metro Parkway, Ste. 216, Ft. Myers,FL 33916 this ?J`' day of , 2008. M.Je awson,Esq. Flori ab 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,Ausscit Str►,�41�, Jr"-Ton behalf of himself or l.wlmac 16014-.N1 C..L L as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 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•- must •tify Code Enforcement that the violation has been abated and requ= the Inv- gatorto come out and perform a site inspection. 'esponden 7 Mi le Arnold, Director / Code Enforce ent De artment Zia 1 ?' 3 ...) 7 Fl Da Date REV 2/23/07 OR: 4273 PG: 3836 Fax Audit No.H07-000210487 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. 107t 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 c _ 1. Non-Surviving Enti At. ,< name and j iialA of formation of the Non- Surviving Entity are as foil v Name of En Iv State :f Formation Lennar BV, L lori a 2. Surviving Entity:1101, name and jurisdicti l of I :tie of the Surviving Entity is as follows: Q Name of Enti y , e of Formation 2fE CIRCA 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 • *** OR; 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 • !anization o .3� ! 5 3!... . Upon the Effective Date, the Articles of Organization, as • y iii! . ement of the Surviving Entity shall be the Articles of 0 f':on, as amended, TOI .erating Agreement of the Surviving Entity. 7. Governing Law. This A:reem-• .11 be =•vem-• by e laws of the State of Florida. 8. Counterparts. �� �;; ' �xec - •'s ' or more counterparts, each of which shall be •. m d an original, and . of .ch • er shall constitute one and the same instrument. C 4,TYIE CRC�1 [SIGNATURES ON FOLLOWING PAGES.] 2 MIAMI 1392472.1 7239327592 Fax Audit No.H07-000210487 3 Book 4271 -Page 1505 Page 1 of 1 4060994 OR: 4211 PG: 1505 RICOID&D in OFFICIAL WORDS of COLLI11 COME, IL 051/7/2007 at 04:16A1 MGT 1. B10CE, CBI RIC 111 163.00 DOC-.70 .70 COPIIS MOO RISC 1.50 Retn: L&11111 By 10441 6 XIL>< CIP&3SS P0! This instrument prepared by: Fi KM FL 33412 Steven W.Simon,Esq. Bilzin Sumbcrg Barra Price dt Axelrod,LLP 200 So.Biscayne Boulevard,Suite 2500 Miami,FL 33131 GENERAL WARRANTY DEED (Bayvest) THIS GENERAL WARRANTY DEED,dated 1L ,2007,between BAYVEST, L.L.C.,a Florida limited liability company with an 4415 Metro Parkway,Suite 216,Fort Myers,Florida 33916("Grantor")and LENNAR BV,LLC,a Florida limited liability company with an address at 44€5 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 of Revenue,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 .9 4063652 011: 4273 PG: 3814 RECORDED in OFFICIAL RECORDS of COLLIER COUNTI, FL 08/23/2007 at 01:0IPM DWIGHT 8. BROCI, CURL EEC FEE 205.50 COPIES 24.00 Prepared by: Retn:ATTN:FRANK REYNOLDS Steven W.Simon,Esq. LINEAR HONES Bilzin Sumberg et al 10471 SIY NILE CYPRESS PINY 200 S.Biscayne Blvd.,#2500 FT LAYERS FL 33412 Miami,FL 33131 305-350-722I 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 �:, •,a_ ,•• •f law,title to the real property located in Collier County,Flo:• ,� •r on ' .1► attached hereto once vested in LENNAR BV LLC has •- •�'.'�'vested in LENN• 'N S LLC as successor by merger to LENNAR BV, C. Dated this r 3 day of 1 11 --,� , n 1 1Fal?H s, IrC c^ Bye. _� V-2.„ \\., Print'= it s . V Its: lint STATE OF FLORIDA ) �11 CIRCA ) SS: COUNTY OF L d ) • The foregoing instrument was acknowledged before me this�3 day of ...t Kat , 2007,by 6r♦ aA o,, ,as r,Le_ Rte;d&••• 1 of LENNAR HOMES,LLC,a Florida limited liability company, on behalf of said company. He/she ' (A)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: .Lc �..,ht. Notary Public State of Florida Print Name: w �-h ei, Snera M Gamey t �y My Commission 0D537172 nor n° Expires 01707210010)5"1" 4!0512010 MIAMI 1388902.1 7239327592 • ■ i I • /9 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 ,', corporation,its member B P ' �� 0 Title: RCi L AR HOMES, ■ C, a Florida limited liability V4"( 'i ' T Title: , ,.�, �� o ?CIE CIR + •, , a I.. Fax Audit No.H07-000210487 3 MIAMI I ilWalf#3 d 4327542 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Collier Realty Corporation, Respondent(s) Case No. 20070000116 ITEM Notice of Hearing PAGE(S) Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3-5 Deed 6-23 24 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20070000116 COLLIER COUNTY, FLORIDA, vs. Plaintiff, COLLIER REALTY CORP,Respondent(s) / NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance hereby low: to appear at a public hearing before the Code Enforcement Board on the following date, time,hereby below: tY H, and No.efor the you and place for the DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Window Sign5.06.05(M) LOCATION OF VIOLATION: 101 NEW MARKET RD E Immokalee, FL SERVED: COLLIER REALTY CORP, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARING 9:00 AM. S TO BEGIN AT PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators to be represented by an attorney, evidence to be 9 olators have the PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the S ecretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include Section Eight relating to the appeal process. emphasis on BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU T PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLO 34112(239)774-8800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS.OFFICE �� 0 THE RIDA COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. COLLIER REALTY CORP DEPT CASE NO.CES20070000116 PROPERTY OWNER(Respondent(s) STATEMENT OF VIOLATION AND Pursuant to Section 162.06 and 162.12, Florida Statutes,Tand Collier ACounty G Ordinance No. 2007-44,official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly d escribed herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following undersigned code llowing reasons. 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 5.06.05[M]5.06.04[C][12][c],5.06.06[F]and 10.02.06[B][2][a], and 2004-58,The Property Maintenance Code,as amended, Sec(s) 16[2][i]and 16[2][j]. [ lGl. 2. Description of Violation:Neon/illuminated signs improperly displayed and window occlusion in excess of the allowable 25%and non-complying/portable signs on property. 3. Location/address where violation exists: 101 New Market Rd E, Immokalee Fl (folio 63863840004). 4. Name and address of owner/person in charge of violation location: Collier Realty Corp, 101 New Market Rd E,Immokalee Fl 34142 5. Date violation first observed:December 6th,2007. 6. Date owner/person in charge given Notice of Violation:December 17th,2007. 7. Date on/by which violation to be corrected:January 20th,2008. 8. Date of re-inspection: January 22nd,2008. 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Iolation (---- 32 Dated this_1--- Day of 008 Kitchell T Snow STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Swo to or affirmed)and subscribed before this �� �� day of���, 2008 by t- "�" /I C.--- Y `�.rr C P.��� �r% (Signature o otary Public) (Printrrype/Stamp Commissioned Personally known or produced identification Name of Notary Public) Type of identific ion produced NOTARY PUBLIC-STATE OF FLORIDA REV 3-3-05 Shirley M. Garcia Commission#DD501305 Expires: D .21,2009 BONDED TIM ATLANTIC BO..DL G Co.,1NC. Case Number:CES20070000116 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: COLLIER REALTY CORP Date: 12/06/2007 Investigator Kitchell Snow Phone:239-403-2493 Mailing: COLLIER REALTY CORP 101 NEW MARKET RD E IMMOKALEE FL 34142 Zoning Dist Sec 03 Twp 47 Rng 29 Legal: Subdivision Block Lot 63863840004 Location 101 NEW MARKET RD E Immokalee, FL 34142 Folio 63863840004 OR Book 1583 Page 1299 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB)Ordinance 2007-44, as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ord No.04-41 The Land Development Code Section 5.06.05(M) Ord No.o4.a1 The Land Development code Section 5.06.04(C)(12)(c Ord No.D4-41 The Land Development code Section 5.06.06(F) Ord No.04-41 The.Land Development code Section 10.02.06(6)(2)(a) Ord No.2004-58 code or Laws and Ord Section 16.02.(i) Ord No. 2004-58 code of Laws and Ord Section 16.02(j) DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 12/6/07 1)SEVERALS NEON SIGNS IN FRONT WINDOW,2)WINDOW OCCULSION IN EXCESS OF THE ALLOWABLE 25%,3) 1-BANNER DISPLAYED WiTHOUT PROPER PERMITS 4)WALL, lid f3 SIGNS ERECTED W/O PROPER PERMITS.THiS IS CONTRARY TO THE LAND DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE CODE OF UNINCORPORATED COLLIER COUNTY AND MUST BE BROUGHT INTO COMPLIANCE WiTH CURRENT CODE. 1) In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: M. Non-electrical, non-illuminated and non-reflective window signs not exceeding 25 percent of each window area.: 2) Special events signs.A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any event. Such sign shall be located no closer than ten feet to any property line. Such signs shall relqui eharbuiilg ldin permit. Special event signs shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the event has taken place.: 3) It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly zoned or used district, except residential identification signs, residential nameplates, and street gsigns that are illuminated l by soft or muted light. An illuminated sign is on which either: (a) luminous tubes on the sign surface; (b) emits light through transparent orr translucent light material from a source bwithin the or sign; or(c) reflects light from a source intentionally directed upon it.: 4) Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy exceptions)of any sign shall apply for and receive a building Pti(see No. 91-642,, prior the commencement of any work.A building 9 Permit in accordance with Resolution No. 91-642, prior to his designee, provided that all permit requirements of the Code and all other applicable provisions ons of Collier County's tr administrator, or ordinances and regulations have been met.: [ ] Supplemental attached ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1) REMOVE WINDOW OCCULSION IN EXCESS OF THE ALLOWABLE 25%.2). OBTAIN A TEMPORARY USE PERMIT FOR THE BANNER DISPAYED ^`ARTING FROM 12/6/07.AFTER THE FACT PERMIT FEES ARE TO APPLY AT 2X THE AMOUNT OF THE NORMAL PERMIT. 3) REMOVE ANY NEON/ILLUMINATED SIGN FROM THE WINDOW AREA AND RELOCATE SUCH SIGNS AS TO NOT BE SEEN FROM THE EXTERIOR OF THE BUILDING.4)OBTAIN PERMITS FOR ANY SIGN NOT PERMITED.AFTER THE FACT PERMIT FEES OF 4 X THE AMOUNT OF THE NORMAL PERMIT ARE TO APPLY.ALL INSPECTIONS THROUGH CERTIFICATE OF COMPLETETION(CO)MUST BE ACCOMPLISHED WITHIN 60 DAYS OF ATF PERMIT ISSUANCE.SHOULD ANY WALL SIGN BE REMOVED THE WALL MUST BE PAINTED IN A WORKMAN LIKE FASHION TO REMOVE ANY SHADOWING CREATED BY SAID REMOVAL. CEASE PLACEMANT OF ANY SIGNS NOT IN ACCORDANCE TO AND COMPLIANT WITH THE LAND DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE OF UNICORPORATED COLLIER COUNTY. Initial Inspection [ ] Supplemental attached ON OR BEFORE:_Janurary 20th , 2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:Kitchell T. Snow 2800 No. Horseshoe Dr. Naples, FL 34104 (239)403-2493- Fax:(239)403-2343 Investigator Signat Signature and Title of Recipient Printed Name of Recipient Dated: December 11, 2007 AFFIDAVIT OF SERVICE Respondent(s): COLLIER REALTY CORP 101 NEWMARKET RD E IMMOKALEE FL 3414 Code Case No. 20070000116 Notice of Violation [Notice of Hearing [Notice of Hearing(IOF) [Citation [Notice to Appear [Code Enforcement Board Evidence Packet [Other: I, KITCHELL T. SNOW, hereby swear and affirm that a true and correct co of the document(s)referenced above have been provided to the Respondent(s) via: pt' [US Mail [US Certified Mail (Return Receipt Requested) [Posting of Property ®Personal Service ❑Collier County Courthouse Posting Sworn this 1771{DAY OF DECEMBER, 2007. SNO Code Enforcement O iti - STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 17m OF DECEMBER T. SNOW.. MBER 2007 by 401411 a' a/11. Wiz,_ ign tore of Notary 'ublic Print/Type/Stamp Commissioned ru�Y AIL( r:�1T Name Notary Public ' ',•A:,.`,, R No K. .r. r ,k (! n ame of CoIIlIl11S" J12 arII^4+�; Personally Known �`.•.,�.,•�`'Expires ),-;1:1, ,:,�3 REV 3-25-05 structure, or use which is not visible from thearterial roadway serving such building, structure, or uses, provided: i. Each sign is not more than 12 square feet in area. ii. The sign is not more than eight feet in height above the lowest center grade of thearterial roadway . iii. The sign is located no closer than ten feet to any property line. iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off-site sign is located. v. The sign shall only be located within 1,000 feet of the intersection of thearterial roadway serving the building, structure, or use. c. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. 17. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. (Ord. No. 04-54, § 5; Ord. No. 04-72, § 3.U; Ord. No. 06-07, § 3.0) ^ 5.06.05 Signs Exempt from These Regulations In addition to those signs identified elsewhere in this Code, the following signs are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. Signs required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional signs, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site • upon which such signs are posted. On-premises directional signs shall be limited to two at each vehicle access point and a maximum of four internal to the development. Internal signs are not intended to be readily visible from the road. Directional signs are also subject to restrictions of section 5.06.04 C.13. of this Code. C. One identification sign, professional nameplate, or occupational sign for each professional office, or business establishment not to exceed two square feet in sign area and placed flush against a building face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or special and/or the street address of the premise. ty D. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative signs when cut into any masonry surface or when constructed of bronze or other noncombustible materials. E. "No Trespassing," "No Dumping," or other prohibitory or safety type sins each sign does not exceed three square feet in size. 9 , provided http://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 F. One ground or wall "For Sale," "For Rent," or similar sign per streetfrontage for each parcel, or lot less than ten acres in size. G. One on-premises sign for model homes, approved in conjunction with a temporary use permit in any zoning district. H. One on-premises open house sign not to exceed four square feet in size. Such sign shall not be located within ten feet of any property line, right-of-way or accesseasement . I. Bulletin boards and identification signs for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. J. Signs located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. signs shall be oriented along the fence or wall to face the field(s) or playing area, and away from any adjacent public or private roads. K. Traffic control and safety signs or other municipal, county, state or federal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window signs not exceeding 25 percent of each window area. N. Signs located at the entrance drive of residences located upon 2.25-acre lots or greater, displaying the name and address of the resident and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non- commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished grade or extend more than ten feet from any building they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.05. P. Advertising and identifying signs located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such sign does not violate section 5.06.06 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing sign copy or design of an advertising structure, or changes which are determined by the County Manager or his designee to be less than asubstantial improvement . S. Copy changes for shopping centers, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. One ground or wall sign may be used as a construction sign by the general contractor of the development, within each front yard for each parcel less than ten acres in size. U. Temporary signs in conjunction with an approved temporary use permit. V. One sign indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said sign (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed httn://librarvl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type sign, and such sign structure shall be considered as one sign. 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- revolving and said light shines only on the owner's premises or signs and away from any right-of-way. 3. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third portion of the sign face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following sign types: pole sign, ground sign, and directory signs. Address numbers on signs shall be a minimum height of eight (8) inches. (Ord. No. 04-72, § 3.U) 5.06.04 Sign Standards for Specific Situations A. Real estate signs: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign with a maximum area of twelve square feet in size per streetfrontage for each parcel, or lot less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign with a maximum 32 square feet in size, per streetfrontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign with a maximum height of 15 feet or wall sign with a maximum of 64 square feet in size, per streetfrontage for each parcel or lot in excess of ten acres in size. A building permit is required. 4. Real estate signs shall not be located closer than ten feet from any property line. In the case of undevelopedparcels where the existing vegetation may not allow the location of the sign ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required setback however, in no case shall said sign be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate signs shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following'conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A sign advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction signs. All supports for such signs shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 12 square feet, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel less than one acre in size. (No building permit required.) 2. One ground sign with a maximum height of ten feet or wall sign, with a maximum of 32 square feet in size, may be used as a construction sign by the general contractor of r-. the development or as a permit board, within eachfront yard for each parcel one to ten http://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 acres in size. (No building permit required.) 3. One pole sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, may be used as a construction sign by the general contractor of the development or as a permit board, within eachfront yard for each parcel in excess of 10 acres in size. r., 4. One ground or wall sign, with a maximum of 4 square feet in size, may be used as a construction sign by each contractor, lending institution, or other similar company involved with the development, regardless of parcel size. (No building permit required). 5. All construction signs must be removed prior to the issuance of a certificate of occupancy. C. On-premise signs. On-premise pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground signs. Single-occupancyparcels , shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage . a. Maximum allowable height. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along anarterial or collector roadway and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to s-• the uppermost portion of the sign structure. b. Minimumsetback. All pole or ground signs within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties shall not be located closer than ten feet from the property line. c. Maximum allowable sign area: 80 square feet for pole or ground signs located along anarterial or collector roadway and 60 square feet for all other roads. d. The location of all permanent pole, ground signs shall be shown on the landscape plans as required by section 4.06.05. e. Pole signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building the sign is accessory to. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground signs for smaller lots. Single-occupancyparcels , shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: i. For those lots orparcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for corner lots or parcels : http://library 1.muni code.cominewords/DocView/13 992/1/3 6/42 10/17/2007 I a) No portion of the ground sign may be located closer than 10 feet from any property line; b) A planting area of no less than 100 square feet shall be provided around the base of the ground sign; c) The groundsign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d) The ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) Any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. f) The street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) No other free-standing signs will be allowed on the same lot or parcel. ii. In addition, for those lots orparcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for corner lots or parcels but less than 219.9 feet: a) The ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 32 square feet iii. In addition, for those lots orparcels with frontage of 100 to 120.9 feet: a) The ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; and b) The maximum allowable sign area is 16 square feet. g. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The County Manager or his designee's decision to reduce the required setback shall be based on the following: i. Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback http://library l.municode.com/newords/DocView/13 992/1/3 6/42 10/17/2007 will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. h. Ground signs shall provide a pole cover no less than 50 percent of the width of the sign, with architectural design features including colors and/or materials common to those used in the design of the building to which the sign is appurtenant. A minimum 100 square foot planting area shall be provided around the base of any ground or pole sign , consistent with the provisions of this section of the Code. Development of sign planting area landscaping shall be pursuant to Section 4.06.03 A. of this Code. 2. Outparcels. In addition to the above requirements, signs for outparcels, regardless of the size of the outparcel, shall be limited to the following: a. In addition to any wall signs permitted by this Code,outparcels may by allowed one additional sixty square foot wall sign facing the shopping center if the additional sign is not oriented towards any public right-of-way. In no case shall the number of wall signs for an outparcel exceed two signs; and, b. A single ground sign foroutparcels having a frontage of 150 feet or more, not to exceed 60 square feet. Ground signs shall be limited to eight feet in height. 3. Directory Signs. Multiple-occupancyparcels such as shopping business parks, or industrial parks containing 25,000 square fete or more of., office �—, gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. a. The maximum height for directory signs is limited to 20 feet. Height shall be measured from the lowest centerline grade of the nearest public or private R.O.W. oreasement to the uppermost portion of the sign structure. b. Directory signs shall not be closer than 15 feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable sign area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory sign, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory signs shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel. End units within shopping centers, multiple-occupancy parcels, or single occupancy parcels where there is double frontage on a public http://library l.municode.com/newords/DocView/13 992/1/3 6/42 10/17/2007 right-of-way, shall be allowed two signs, but such signs shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall signs; however, the combined area of those signs shall not exceed the maximum allowable display area for signs by this Code. a. The maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visualfacade of the building to which the sign will be attached and shall not, in any case, exceed 150 square feet for buildings or units up to 24,999 square feet, 200 square feet for buildings or units between 25,000 and 59,999 square feet and 250 square feet for buildings over 60,000 square feet in area. b. No wall sign shall exceed 80 percent of the width of the unit(s) or the building occupied by a business with a minimum of ten percent clear area on each outer edge of the unit(s) or thebuilding; and c. All wall signs for multi-usebuildings shall be located at a consistent location on the building facade, except that anchor tenants may vary from this locational requirement in scale with the anchor tenant's larger primary facade dimensions. All signs shall adhere to the dimensions provided for in the unified sign plan. 5. Menu boards: One menu board with a maximum height of 6 ft. and 64 square feet of copy area per drive thru lane. 6. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display area of the projecting sign shall not exceed 60 square feet of display area. a. Projecting signs shall not project more than four feet from the building wall to which it is attached. r1, b. Projecting signs shall not extend above the roofline of the building to which it is attached. c. Projecting signs shall not project into the public right-of-way. d. Projecting signs which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 7. Under-canopy signs. In addition to any other sign allowed by this Code, one under- canopy sign shall be allowed for each establishment in a shopping center .This sign shall not exceed six square feet in area and shall be a minimum of eight feet above finished grade. Under canopy signs do not require a building permit unless the sign is equipped with an electrical component. 8. Signage for automobile service stations. The following are the only signs allowed in automobile service stations and convenience stores with gas pumps. a. Window signs: As allowed in this section 5.06.03 of the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is adjacent to a dedicated street or highway. Otherwise,accent lighting , back lighting and accent striping are prohibited on canopy structures. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. http://library 1.municode.comJnewords/1ocVjew/1 3 992/1/3 6/42 10/17/2007 io d. One ground sign shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the sign face is less than eight feet above grade. Maximum permitted area 60 square feet. e. Signage, logos, advertising and information are prohibited above gas pumps. f. Wall signs: As allowed in section 5.06.04 C.4 of this Code. g. Signs:As allowed in this section of the Code. 9. Signswithin planned unit developments (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive sign plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. Sign classes and sizes for planned unit developments should be the same as the standards found within this Code for the zoning district the development most closely resembles, unless such planned unit developments have comprehensive sign standards contained in the PUD document. • 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Where these developments have multiple entrances, any entrance may have up to three flags each, provided: the development is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a development provided the flags are not visible to motorists along any frontage roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any frontage roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the development. a. All flagpoles with a height in excess of 15 feet above finished grade or that extend more than ten feet from any building that they are attached to shall be subject to the building permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all structures (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family orduplex lots flagpoles shall not exceed 30 feet in height above finished grade. For all other residential zoned parcels , flagpoles shall not exceed 35 feet in height from the finished grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished grade. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to which it is attached. c. All flags in all zoning districts shall have a minimum five foot setback from all property lines. d. All flagpoles that are permitted must display their permit number at the base http:1/library 1.municode.com/newords/DocView/13 992/1/3 6/42 10/17/2007 1, of the flagpole in minimum 1/2 inch numerals. 11. -Conservation Collier signs. In addition to other signs allowed by this Code, lands acquired for theConservation Collier lands program shall be allowed to have one ground sign having a maximum height of 8 feet and a maximum sign area of 32 square feet to identify the main preserve entrance. This sign shall require a permit and shall be allowed if there is no principle structure on the property. 12. Temporary signs. The erection of any temporary sign shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political signs. Political campaign signs and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political sign a bulk temporary permit shall be obtained. The permit number shall appear on every sign or on the pole supporting thesign. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. All signs for the candidate or the issue for which the permit was issued must be removed within seven days after the election, referendum, or other event that the sign pertains to. Failure to timely remove each such sign will constitute a separate violation of this Code and the permittee will be subject to issuance of a citation from Collier County Code Enforcement and all other penalties allowed by law. ii. Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the property owner. iii. Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area of 32 square feet per sign, and shall be located no closer than ten feet to any property line. The number of such signs shall be limited to one signs for each lot or parcel per bulk permit issued for each candidate or issue. iv. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. v. The maximum height of any political campaign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. vi. Political signs shall be erected not more than 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. b. Grand opening signs. An occupant may display an on-site grand opening sign not exceeding 32 square feet. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than ten feet to any http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) forsaid sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. A. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or publicrights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted signs. J. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof signs. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. hnp://libraryl.municode.com/newords/DocView/13992/1/36/42 10/17/2007 TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 18 months—First Phase 30 months 2 30 months—Second Phase 42 months 18 months—First Phase 3 30 months--Second Phase 42 months--Third Phase 18 months—First Phase 30 months--Second Phase 54 months 4 42 months--Third Phase 54 months--Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. �-� a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[orj building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIIJ and the http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library4.municode.com/default/UocView/13992/1/66/68 1/28/2008 /7 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration.permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. �,. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 /l1 approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the i—. surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://library4.mn i code.com/default/DocView/13992/1/66/68 1/28/2008 /9 I"� t i_ OCI1 Egit ORDINANCE NO.2004-58 ce" ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA £ZreIZo-pry OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; - PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING • FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILD GS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY T E COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDLNGS; PROVIDING THE RESPONSIBILITY FOR • • PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING , FOR NUISANCES; PROVIDING STANDARDS FOR SECURING �;-�-'-. BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY y_ THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING Nf; N FOR A NOTICE OF HEARING FOR REVOCATION OF ��` BOARDING RENEWAL CERTIFICATE; REPEALING 2 rn COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o�.; iv 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL ='y ry CONSTRUCTION; PROVIDING FOR INCLUSION IN THE i — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect;and WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enforced housing standards,resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of 1 9/1 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS if a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE.VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: t. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 2/. i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment: Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall he maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 22 c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING 1. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 23_ This inehurnor4 prepared by: RECORD AND RETURN TO sea avrnaoce Gebitardt it Odta While,PA. 2500 Tamtaml Troll Mhn North,SAY 905 2500TWBet Tri North.SPA.206 Naplaa,Ronde 23949 1140144,Maids 11940 RE PARCEL 10 IP BUYER'S Tet O o REC DDOC to This Warranty Deed made the thirty-first day of December,1900 "O m INT- Dorothy M.Fogler,a divorced woman ry IND Rer called the Grantor,to Collier Realty Corporation,a Florida Corporation COT4 whose post office address Is: 1320 Stony Brook Road,Stony Brook,New York 11790 ae0,e0eh ereinafer called the Grantee: helm bpai pepreunusws end'grantee of nod'grantee ud end ear auo essorsn s�d assigns d m na.l WitneSSeth: Thai the Grantor.for and in consideration of the sum of$10 and NO/100 Dollars and other valuable considerations,receipt whereof Is hereby acknowledged, hereby grants,bargains,sells•aliens, remises, releases,conveys and cordinns unto the Grantee,all that certain land situate In Collier County,Florida,viz_ ' Lots t through 8 inclusive In Block 44 of the New Market Subdivision.Immokalee,Aoride as recorded T.- N In Plat Book 1,Pages 104 and 105 d the Public Records of Collier County,Florida. rn c� cn C. CA, I� .ocumentary Stamp Tat 0 4 4 3 3 3 4 Class"C".nin•pMe COLLIER COUNTY (01 :■ ED •+ 4 Personal R:+c/ ty Tax =OLDER COUAL. • COURTS BY �1/ DC Subject • ts,restrictions • ea drecord. Flavaever, dereto shall not operate to Togethe with em-•jc, r>,.4a:e •.a•• ,_ •T ing or anywise apper- taining. To Hay- nd t • the-. • fee. •- •�� And the -ni1TO1 • le,/ •G.-rat A,the Gram. • - •.•sand land in fee anode:Dratthe G-• des •, .. convey- •.. � •.-G hereby tatty warrants the tide to-:...:t..,lid wlu defend the same against the•: • claims• • -• . •,_• SOVANT and that said land is free of all ':-Y ' noes,except taxes accruing subsequer Decem 31, In Wttnes. •,f, the said Grantor has signed a t • - day and year first above w when Signed.sealed-•.• defies-•; esence: 0 / • -•it%A / .� Lf T.A//!/r .1%!!: / L S. 7►� • Whose 1= STATE OF FLORIDA COUNTY OF COWER � The foregoing Instrument was acknowledged before me this .?I•j. day E l�Ckri,1 L3GP iGrtgly i. Dorothy M.Fugler,a divorced women NOTARY' [JULY AUTNO DN TION AFORESN'D. My co ,`••nexpires: .. • • (Notary Seat) PLEASE RE1URNT0: NEEL COLLSBi A3OLVD.7Ea r- ata Itxtsrl'-:_:T--:,.T"- s .: MARCO ISLAND,FL NM At/Cc_'-'- T 'i i9a `Yn.:dlis 4e,FCw.:•n*feu pr. t DLL t' .La.la r..am•a.e/w.a.rra.•rru kama,ls..a•waw 90241 • • 2�. COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CES20070000116 Board of County Commissioners, Collier County, Florida vs. COLLIER REALTY CORP PROPERTY OWNER Violation of Section(s) ,04-41, The Land Development Code , as amended, Sections(s)5.06.05[M], 5.06.04[C][12][c],5.06.06[F], 10.02.06[B][2][a] and 2004-58, The Property Maintenance Code, as amended, section(s) 16[2][i] and 16[2][j]. Kitchell T. SNOW, Code Enforcement Official Department Case No. CES20070000116 DESCRIPTION OF VIOLATION: Window occlusion that exceeds the allowable 25%, neon/ illuminated signs displayed in front window and non-complying/portable signs on said property.. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Remove all window occlusion in excess of the allowable 25% within 14 days of the date of this hearing or a fine of$150.00 a day will be imposed until such time as the window occlusion is removed. 2. Remove any illuminated/ neon signs from windows within 14 days of the date of this hearing or a fine of 150.00 a day will be imposed until such time as the signs are removed. 3. Cease displaying any sign that is not in accordance to and compliant with the land Development Code of Unincorporated Collier County. 4. Remove any portable/non-complying signs on said property within 14 days of the date of this hearing of a fine of$150.00 a day will be imposed until such time as the portable/non-complying signs have been removed. 5. The respondent must notify the Code Enforcement Investigator, within 24 hours, when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 x I ( 1. C il, 4 it A S4V-4,1) t x . a u d z :'''''.i,.-:','''..':.,,'"4::: ..•-±,7,-,',,c,.3.;,,,•.--,,tit,-,',, -1,::'SI'. 1,11,,''''', r. ,Ar- mo J .0.,...,,,„,._ •..:1:,,...„.....:...„_.',5,'.•-•.:—..y.'47.•,:-- ',,,,..„1 4'114'. y P sa 5 p 0. y ,. r'C • 1 sa 0 iy r{ y,: Y 3 �. Y A 0 i.0 §1 ..,a t1h 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 I. 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 1 6(2)(i)and I6(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 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 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. l DONE AND ORDERED this 200 day of aflAS,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD j COLLIE' COUNTY,FLO r•'D A / // 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 o () , 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, lorida,who is personally known to me or c_,---'who has produced a Florida Driver's License as identification. "., KRISTINE HOLTON �*,I = MY COMMISSION DD 686595 NOTARY PUBLIC 6j-/iD H—D-Q-14115 —■ EXPIRES:June 8,2011 My commission expires: •R„ 9ondad Thn Nobly Pub.41 c Undenvdten CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORR has been sent t. U. S. Mail to Collier Realty corp., 101 New Market Rd. E.,Immokalee,FL 34142 this L day of ,2008. A? M.Jean wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 ',ounce ofCOLLM HEREBY CERT1 =iTHATthisment sat a. arrect coot of a csoc►a orti,#il �n - aoar�d Minutes and Records of Wile!Count, �, m rW pFfii i this , yh l ay o{ 7WtGHT E. BROCA,CLERK OF COURTS, 21144246...ifitaloar Bocipiopponowl"ws TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Saxon Manor Isles Apartments Limited Partnership CEB No. 2007-88 DEPT No. 2006050669 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 �-. Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006050669 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, vs. Plaintiff, SAXON MANOR ISLES APARTMENTS LIMITED PARTNERSHIP Respondent(s) Notice of Administrative Proceedings Imposition of Fines/Lien PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time, and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL,PROTECTION AND PERSERVATION STANDARDSenv-VEG-3.9.5. LOCATION OF VIOLATION: 105 Manor BLVD Naples, FL SERVED: SAXON MANOR ISLES APARTMENTS LIMITED PARTNERSHIP, Respondent Susan Ofarrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least.five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE • COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-88 DEPT CASE NO. 2006050669 Board of County Commissioners vs. Saxon Manor Isles Apartments,Limited Partnership,Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code: Section 4.06.05(J)(2) General Landscaping Requirements Location: 6472 Radio Road Naples, FL Description: Required Landscape has fallen below Collier County approved Site Development Plan 95-22 standards. Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0625, for more information. The Respondent has complied with the CEB Orders as of October 25, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,300.00 See below. Order Item#2; Order Item #5 Fines at a rate of$ 100 per day for the period between January 24, 2008-February 6, 2008 (65 days) for the total of$ 1,300.00. Order Item #5 Operational Costs of $459.74 have been paid. _,.,..ynuaU 111 He urmali RBCURDS of COLLIER COUNTY, FL RBC FEE 44.00 2800 N HORSESHOE DR 11/01/2007 at 11:09AK DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-88 vs. SAXON MANOR ISLES APARTMENTS,LIMITED PARTNERSHIP. Corporation Service Company,Reg.Agent Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007 and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Saxon Manor Isles Apartments,Limited Partnership is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6472 Radio Road,Naples,Florida,Folio 00400880008 more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)in the following particulars: Required landscape has fallen below Collier County approved standards. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)be corrected in the following manner: 1. By restoring the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days (January 23,2008).The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve,the replacement of all dead,failing,or missing required landscape material in the property buffers and landscape areas,and the restoration of the Littoral Shelf Planting Area. UR: 4/5d PG; 0625 2. By submitting a Preserve Management Plan to be approved by Collier County to ensure the continued ,--', maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity within 30 days (November 24,2007). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 23, 2008,then there will be a fine of$100 per day for each day for each day the violation remains. 4. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$459.74 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 i ST of n(4.. . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Florida 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 I s day of 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. %' K RISTINE HOLTON i 1 i �(�1�� .. MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 7'' '�` Bonded Thw Notary PublbUnderwriters 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 Saxon Manor Isles Apartments,Ltd.Ptn.,Corporation Service Co.,Reg.Agent, 1201 Hays Street,Tallahassee,FL 32301 this 3 I 51—day ofOc:f b-ey;2007. � ,- ',r, +-x- -T teatti di ii S N ,.Outny flt.CO ER M.Jean R son,Esq. I HEREBY Y CERTIFY THAT thiS tS a tie snit Florida Bar No. 750311 correct copy ct '':-/7'::.717- ->:_off glle In 400 for the Code Enforcement Board Board I`�Plnutes f ` -,,, ycrtlic r County 400 Fifth Avenue S., Ste.300 1fESSmy ., ;; , SI this., Naples Florida 34102 day o¢ �Ur a � (239)263-8206 DWIGHT E. BROC K,.Ci.ERI(OF Itt. � ..�D.C. /, - UK: LIM PG: 0626 Petitioner, Vs. CEB NO. 2007-88 Saxon Manor Isles Apartments Ltd. Ptn. DEPT NO. 2006050669 Respondent(s), STIPULATION/AGREEMENT 64,1 c! COMES NOW, the undersigned �„ ,1cion behalf of himself or x=5 2 42 as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050669 dated the 27th day of June, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 4.06.05 (J)(2) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards.. THEREFORE, it is agreed between the parties that the Respondent shall; ,"-1) Pay operational costs in the amount of $459.74 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days of this hearing or a daily penalty of$100.00 will be imposed as long as violation persists. The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve, the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas, and the restoration of the Littoral Shelf Planting Area. 2. Submit a Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity4i4n,,0% soda4S. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. "espondent /'1FR Michelle •mold, Director Code Enf ceme Department 1 0 6 /0 Q-¢ Date '® Date REV 2/23/07 a..vair,GIN vlct r iv1C iV 1 BIJAKI) CEB CASE NO.2007-88 COLLIER COUNTY DEPT CASE NO. 2006050669 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Saxon Manor Isles Apartments,Limited Partnership,Respondent(s) AFFIDAVIT OF COMPLIANCE BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on October 25, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4298 PG 0624,et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 2-6-2008. That the re-inspection(s)revealed that the corrective action was completed as ordered by the Code Enforcement Board on 2-6-2008 and the property was in compliance with the following conditions: • Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 90 days of this hearing(January 23,2008). The restoration of the property that included the removal of prohibited exotics throughout the property and in the Preserve,the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas,and the restoration of the Littoral Shelf Planting Area was completed on February 6,2008. • A Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity within 30 days of this hearing(November 24,2007)was submitted by November 24,2007 • The respondent paid all operational costs incurred in the prosecution of this case in the amount of $459.74 within 30 days of this hearing. FURTHER AFFIANT SAYETH NOT. Dated February 13, 2008 Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 13th day of February,2008 by Susan O'Farrell. (Signs - of Notary Public) MARLENE G.SERRANO Notary Public,State of Florida Comm No DD 401145 (Print/Type/Stamp Commissioned My Comm expires March 04,2009 Bonded thru 1st State Insurance Name of Notary Public) Personally known r(EV 2/23/2006 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-88 DEPT CASE NO. 2006050669 Board of County Commissioners vs. Saxon Manor Isles Apartments, Limited Partnership,Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code: Section 4.06.05(J)(2) General Landscaping Requirements Location: 6472 Radio Road Naples, FL Description: Required Landscape has fallen below Collier County approved Site Development Plan 95-22 standards. Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0625, for more information. The Respondent has complied with the CEB Orders as of October 25, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,300.00 See below. Order Item#2; Order Item #5 Fines at a rate of$ 100 per day for the period between January 24, 2008-February 6, 2008 (13 days) for the total of$ 1,300.00. Order Item#5 Operational Costs of $459.74 have been paid. 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 I,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. nn DONE AND ORDERED this Z.°v day of d! ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FL Si' DA BY: 4 ..itc/ .6 Gerald LeFebvre hair 2800 North H. seshoe Drive Naples,Florid a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 049 nn The foregoing instrument was acknowledged before me this Z day of CUFLAS ,2008,by Gerald LeFebvre, air 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. MIME HOLTON �J�J�O�j►JY�D , MY COMMISSION#DO 686595 NOTARY PUBLIC 2011 My commission expires: 24-��y_ EXPIRES:June 18, l�i , Bonded rntu Notary Pubic underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Saxon Manor Islek Apartments, Ltd. tn.,Corporation Service Co.,Reg.Agent, 1201 Hays Street,Tallahassee, FL 32301 this .t"'day of ,2008. /2O - --' 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 gift CO A :ounty of COLLIER I HEREBY CERTl,'r THAT this is a Wean. ,orrect copy of a aocutr.ent on,fite in Board Minutes and Records of Collier County f2FtS my h rah, `-seal this day of WIGHT E. BROGK, CLERK OF COURTS ' • TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Anthony Gualario CEB No. 2007-94 DEPT No. 2007010973 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2007010973 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. GUALARIO,ANTHONY, Respondent(s) / NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples,FL 34112 VIOLATION: zon-9075 • LOCATION OF VIOLATION: 10 7TH ST Bonita Springs,FL SERVED: GUALARIO,ANTHONY JGUALARIO,ANTHONY J, Respondent John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and_copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA ""..1.34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-94 DEPT CASE NO. 2007010973 Board of County Commissioners vs. Anthony Gualario,Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41 Sec. 10.02.06(B)(1)(a) & Sec.10.02.06(B)(1)(e)(i) of Collier County Land Development Code and Sec.106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II and Sec. 105.1 of the Florida Building Code. Location: Bonita Shores Unit 2 Blk-2, Lots 1-5, Sec. 05, Twp. 48, Rng. 25 aka 10 7th Street Naples, FL 34134, folio #24535360007 Description: Attic area of structure converted into office space without first obtaining proper Collier County required permit(s) and inspections through the issuance of a Certificate of Occupancy/Completion. Past Order(s): On September 27, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4289 PG 3920, for more information. The Respondent has not complied with the CEB Orders as of September 27, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 1,300.00 See below. Order Item # 2; Order Item #5 Fines at a rate of$ 100 per day for the period between January 24, 2008-February 6, 2008 (13 days) for the total of$ 1,300.00. Order Item# 5 Operational Costs of $373.54 have been paid. Anal. Ivov2VJ UX• 'LOJ ru: i1GU CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 27,00 2800 N HORSESHOE DR 10/08/2007 at 08:47AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-94 vs. ANTHONY J.GUALARIO, Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Anthony J.Gualario 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 10 7th Street,Naples,Florida 34134,Folio 24538360007,more particularly described as Lots 1,2,3,4,and 5,Block 2,of that certain subdivision known as Bonita Shores,Unit 2, according to the map or plat thereof recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 3,Page 43 is in violation of Collier County Ordinance 04-41,The Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i),the Collier County Code of Laws and Ordinances,section 106.1.2, ; Section 22,Article II and section 105.1 of the Florida Building Code 2004 Edition in the following particulars: Attic area of structure converted into office space without first obtaining proper Collier County required permits and inspections through the issuance of a Certificate of Occupancy/Completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violation of Ordinance(s)2004-41 Sec. 10.02.06(B)(1)(a)&Sec.10.02.06(B)(1)(e)(i)of Collier County Land Development Code and Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section22, Article II and Sec.105.1 of the Florida Building Code be corrected in the following manner: VA. '(oY rv; JVG1 1. By securing all building or demolition permits and executing through inspections to Certificate of Occupancy/Completion within 90 days(December 26,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 2007,then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$373.54 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of c/ll c-2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Y. , . / erald LeFe. Vice :'7 2800 North Horseshoe Dri re Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of 0( 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,/-who has produced a Florida Driver's License as identification. "„ KR STINE HOLTON � 1 MY COMMISSION#DD 686595 .A1 . AIL MIL ' .i a.,ro1:� EXPIRES:June 18,2011 NOTARY PUBLIC `�',rr �` Bonded Thru Notary Public Underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER been sent by U. S.Mail to Anthony J. Gualario,551 Neapolitan Lane,Naples,FL 34103 this q day of )C. ,2007.- Mare or F r:pRl�A M.Jean Ra ,Esq. :otinry of COLLIER Florida Bar o. 750311 Attorney for the Code Enforcement Board I HEREBY,CEEt"ll=;Y THAT this ( 400 Fifth Avenue S.,Ste.300 �T a �e and Naples,Florida 34102 correct;,cooy`.ot aLOt.u(flent On file in (239)263-8206 Boarri`N!Fnut ,g*Peeras of Colkler Coen* ',j7-N:Es$ icy h- r7_ j fiicizi s.al this do Of . tY�;� s ' 1 W E. BROC , E ERt< 0'C'URT$ VALI SL.VJ L U, iJLL Petitioner, Vs. CEB NO. 2007-94 �-e Anthony J Gualari o DEPT NO. 2007010973 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ` Q -�� V7 VQ /-lb, on behalf of himself or as fo Agreement with Collier County as to the representative ton of Notices Respondent onninrsrefe reference (case) tnumber 2007010973 dated the 22nd day of January, 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 September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s)10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) of the Collier - County Land Development Code 2004-41 as amended (and) Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II (and) Sec.105.1 of the Florida Building Code 2004 Edition and are described as conversion of attic area of structure from storage space to living space prior to obtaining a valid Collier County permit, inspections and Certificate of Occupancy/Completion. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$373.54 incurred in the prosecution of this case. 2) Abate all violations by: a) Appling for all required Collier County building permits within 14 business days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. b) Must obtain all required Collier County building permits and execute said permits through inspections to Certificate of Occupancy/Completion within 60 days of issuance date of permits or a fine of$100 per day will be imposed for each day the violation continues. p0 y c) Alternatively, respondent may restore attic area back to its original permitted use of storage by obtaining a demolition permit within 14 business days of this hearing and executing said permit ethrough inspections to Certificate of Completion within 30 days of this hearing or a fine of$100 V per day will be imposed for each day the violation continues. 3) Respondent must notify •ode Enforcement that the violation has been abated and request the Investigator o c. e out - , d perform a site inspection. 4,...-: c Respond: fo Michelle Arnold, Director �, Code Enforcement Department KEV 223/06 r wiJE hAtuxc:EMENT BOARD CAS N . 4 DEPT CASE EB C NOE. 2007010973 O2007-9 COLLIER COUNTY BOARD OF COUNTY COMNIISSIONERS,Petitioner vs. Gualario,Anthony J,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on September 27, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4289 PG 3920,et. seq. 2. That a re-inspection was performed on January 2,2008. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. Dated January 2,2008. COLLIER COUNTY,FLORIDA CODE E P SRC: o NT J. r antafetnia C orcement Official STATE OF FLORIDA COUNTY OF COLLIER Swim to(or affirmed)and subscribed before me this 2°1 day of January 2008 by John Santafemia. ( ature o • Public) NOTARY P1"/LTC-STAY. ^F FLORIDA Shhiey M. ::arcia (Print/Type/Stamp Commissioned ,�:Commission#DD501305 Name of Notary Public) =.Tre F„ ,s; pE 21.2009 BONDL Personally known I rtEV 3-14-05 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-94 DEPT CASE NO. 2007010973 Board of County Commissioners vs. Anthony Gualario, Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41 Sec. 10.02.06(B)(1)(a) & Sec.10.02.06(B)(1)(e)(i) of Collier County Land Development Code and Sec.106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II and Sec. 105.1 of the Florida Building Code. Location: Bonita Shores Unit 2 Blk-2, Lots 1-5, Sec. 05, Twp. 48, Rng. 25 aka 10 7th Street Naples, FL 34134, folio # 24535360007 Description: Attic area of structure converted into office space without first obtaining proper Collier County required permit(s) and inspections through the issuance of a Certificate of Occupancy/Completion. Past Order(s): On September 27, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4289 PG 3920, for more information. The Respondent has not complied with the CEB Orders as of September 27, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 7,100.00 See below. Order Item# 1; Order Item #2 Fines at a rate of$ 100 per day for the period between December 27, 2007-March 7, 2008 (71 days) for the total of$ 7,100.00. Fines continue to accrue. Order Item# 5 Operational Costs of $373.54 have been paid. 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 ZaP day of " _p -" ,2008 at Collier County, Florida. CODE ENFORCEMENT B S ARD/ COLLI R COUNTY F � ' D• / erald LeFeb'—-,Ch.ir 2800 North orseshoe D- e Naples,F •rida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) v D • The foregoing instrument was acknowledged before me this 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. 'i KRISTINE HOLTON NOTARY PUBLIC ! 14 MY COMMISSION It DDg865g5 My commission expires: ; a Bonded ThruENotary Pubic�ndirwrieie 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 Z P0 day of —M ,2008. / � r ,7 - 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 Stats of FLORIO n *-;.i+yi1 •'.'. ��.ta`,f.1 �oiunw of COLLIER I HEREBY CERTI,-' THAT this is a tie lild :orrect copy of a document on.file In Board l Minutes and Ro-cores of Coiner County tL) ' my h;�I Y 1 tfi �l this , day of �t r DWIGHT E. BROCK, CLERK OF COURTS Rye TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Linda Giebelhouse-Deluca and Charles Deluca CEB No. 2007-108 DEPT No. 2006081075 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006081075 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. GIEBELHOUSE-DELUCA, LINDA AND CHARLES DELUCA, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINE/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County Ordinance No.07-44,you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date,time,and place for the violation below: DATE: 03/27/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: env-1475 LOCATION OF VIOLATION: 4920 Cherry Wood DR Naples, FL SERVED: GIEBELHOUSE-DELUCA, LINDA, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5)business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No.07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-108 DEPT CASE NO. 2006081075 Board of County Commissioners vs. Linda Geibelhouse-Deluca and Charles Deluca Respondent(s) Violation(s): Violation of Collier County Land Development Code Ordinance 04-41 as amended section 3.05.08 Prohibited Exotics. Location: 4920 Cherry Wood Drive,Naples, Florida Description: Prohibited exotics throughout the property Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0675, for more information. The Respondent has complied with the CEB Orders as of October 25, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 430.49 See below. Order Item#3 Operational Costs of $430.49 have not been paid. MOM in tine OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 11/01/2007 at 11:09AN DWIGHT B. BROCK, CLERK RBC FEE 21.00 NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-108 vs. LINDA GEIBELHOUSE-DELUCA AND CHARLES DELUCA, Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Linda Geibelhouse-Deluca and Charles Deluca are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4920 Cherry Wood Drive,Naples,Florida 34119 Folio 41831200009,more particularly described as The West 75 feet of East 180 feet of Tract 108,GOLDEN GATE ESTATES,UNIT NO.95,according to the Plat thereof recorded at Plat Book 9,Page 45,of the Public Records of Collier County,Florida was in violation of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,section 3.05.08 in the following particulars: Prohibited exotics throughout the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: 1. That the violations of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,section 3.05.08 still exist and that the Respondent must remove all exotic plant material and litter associated with exotic removal within 60 days(December 24,2007). 2 va, 1c70 rV; VOID 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007, then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$430.49 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this/DI-day of OC- �,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: C_ Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples,Florida 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3'i day of C)C -bstAr , 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. I KRISTIN - NOTARY PUBLIC a MY COMMISSION DD 686595 "' My commission expires: r +'-•': EXPIRES:June 18,2011 417f,th Bonded ThruNote,pubic(Nieman CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Linda and Charles Deluca,4920 Cherry Wood Drive,Naples,FL 34119 this 3 day ofd mfr,2007. /774 M.Jean ` • • son,Esq. , Florida :ar No. 750311 gilts of RIDA q "6rney for the Code Enforcement Board county of COLLIER `, *.ry aT Fifth Avenue S.,Ste.300 Naples,Florida 34102 i HEREBY CERTIFY/.THAT this Is a true a (239)263-8206 c! correct copy of cto ;1!r4,! r t33erd ltMinuhs Et:IA , . . i.� '`�•r Cotmeyt ATNESS my h. 7 l this: { day of Nt LL iri v-I , 1 DWIGHT E. BROW;CLERK OF COURTS I,W { D.� �, VAS YGJo ru; you AAA Petitioner, Vs. CEB NO. 2007-108 Linda Giebelhouse and Charles Deluca DEPT NO. 2006081075 Respondent(s), iSITIPULATION/AREEMENT COMES NOW, the undersigned, ,&else s 4. l e l uc on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006081075 dated the 3rd day of November, 2006. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.05.08 Prohibited Exotics and are described as: Prohibited Exotics throughout property. THEREFORE, it is agreed between the parties that the Respondent shall; .-� 1) Pay operational costs in the amount of$430.49 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Remove all exotic plant material and litter associated with exotic removal within 60 days of this hearing or a daily penalty of $100.00 will be imposed as long as violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 1111111P4IP Respondent Michelle Anold, Director J Code Enforcement Department /o/01.�Jb) Code Enforcement Investigator RE v 3-3-05 CODE ENFORCEMENT BOARD CEB CASE NO. DEPT CASE NO. 2006081072007-108 5 COLLIER COUNTY BOARD OF COUNTY COMIVIISSIONERS,Petitioner vs. Linda Geibelhouse and Charles Deluca,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 10-25-2007, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4298 PG 0675, et. seq. 2. That the respondent ffEcontact the investigator. 3. That a re-inspection was performed on 12-27-2007. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 12-24-2007. FURTHER AFFIANT SAYETH NOT. Dated 27th day of December, 2007. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD aPO .i1 Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn • : a e-ip .. g1.scribe. .-fore me this 27th day of December,2007 by Susan O'Farrell. 41#4,. , r (9gna u-re of Notary Public) NOTARY PUBLIC.S'"- -- --T.I1A (Print/Type/Stamp Commissioned N-, Delicia false q :Commission#DD629723 Name of Notary Public) Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known . Rev 2/5/07 ^ J ' ~ L, r Memorandum 9,n► . ` • r. 'loRto- To: Jeff E. Wright, Assistant County Attorney From: Michelle Arnold, Director Date: March 27, 2008 Subject: Foreclosure -Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. HEARING COMPLY BY TOTAL$ STATUS RESPONDENT CEB# DATE DATE TOTAL FINE OP.COST DUE N=Non1C=Comp Homestead County Abatement Cost LAST RECHECK Jerry and Kimberlea Blocker 2006-16 4/27/2006 10/28/2006 $79,800.00 $354.16 $80,154.16 N N Jerry and Kimberlea Blocker 2006-17 4/27/2006 10/28/2006 $79,800.00 $354.16 $80,154.16 N N Jerry and Kimberlea Blocker 2006-18 4/27/2006 10/28/2006 $79,800.00 $354.16 $80,154.16 N N Frank Fernandez 2007-22 4/26/2007 5/10/2007 $1,000.00 $386.82 $1,386.82 C 7/25/2007 N Angel Riquelme and Lissette Riquelme 2007-34 5/24/2007 8/23/2008 $43,400.00 $357.80 $43,757.80 N Y Roilan Perez 2007-37 4/26/2007 $55,000 $366.67/$499.82 $55,866.49 N N Francisca Alas 2007-49 6/18/2007 7/19/2007 $25,200.00 $849.00 $26,049.00 N N Jose and Carmen Martinez 2007-50 6/18/2007 7/2/2007 $40,200.00 $0.00 $40,200.00 N N Alfredo and Miradis Miralles 2007-79 8/23/2007 9/6/2007 $1,500.00 $0.00 $1,500.00 C 10/29/2007 N