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Backup 04/24/2008Code Enforcement "D DITO, T re Backup April 24, 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 24, 2008, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI 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 — March 27, 2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS FOR CONTINUANCE 1. BCC vs. Robert and Jeanie Ankney B. STIPULATIONS C. HEARINGS CEB NO.2007050259 1. BCC vs. James Bachmann CEB NO.2006090001 2. BCC vs. Robert and Jeanie Ankney CEB NO. 2007050259 3. BCC vs. Wayne Creber and Ronald Creber CEB NO. 2004040316 4. BCC vs. Heriberto Perez and Antonio Perez CEB NO. CESD20080000222 5. BCC vs. Melkys Borrego CEB NO, 2007080008 6. BCC vs. Adalberto and Martha Garcia CEB NO. 2007100929 7. BCC vs. Jorge M. Vidal and Alegny Vidal CEB NO. 2007040773 8. BCC vs. Tereso Bautista and Emiliana Lopez Vasquez CEB NO. 2006100651 9. BCC vs, 4227 Enterprise Avenue, LTD CEB NO. 2007030291 10. BCC vs. 2319, LLC CEB NO.2007040334 11. BCC vs. Mark S. Bailey 12. BCC vs. Kenneth J. and Barbara Blocker 13. BCC vs. TT of Pine Ridge, Inc 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CEB NO. 2007100545 CEB NO. 2007080462 CEB NO, CES20080002403 1. BCC vs. Yunier Ortiz CEB NO. 2007-120 2. BCC vs. R. P. K. Enterprises of Bonita, Inc CEB NO. 2007-121 3. BCC vs. Ricardo and Magna Munoz CEB NO.2007100608 4, BCC vs. Sergio Valencia CEB NO.2006090115 B. Motion for Reduction/Abatement of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward to the County Attorney's Office 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE:- May 22, 2008 11. ADJOURN COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James Bachmann, Respondent(s) Case No. 2006090001 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing 1 Notice of Violation 2 Copy of Applicable Ordinance 3 Deed 4-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090001 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BACHMANN. JAMES, Respondent(s) NOTICE OF 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unauthorized/Prohibited above ground pool in Agricultural zoned property LOCATION OF VIOLATION: 1180 Dove Tree ST Naples, FL n SERVED: BACHMANN, JAMES, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 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 CODEENFORCEMENT 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 2006090001 James Bachmann, 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: I. Violation of Ordinance(s ) 2004-41 of the Collier County Land Development Code section 1.04.01 and 2.02.03. 2. Description of violation: Unauthorized/ prohibited above ground pool in Agricultural zoned property 3. Location/address where violation exists: 1180 Dove Tree Street Naples Florida 34104 4. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street Naples, Florida 34104 5. Date violation first observed: August 31, 2006. 6. Date owner/person in charge given Notice of Violation: July 6, 2006. n 7. Date on/by which violation to be corrected: July 20, 2007. 8. Date of re -inspection: July 23, 2007. 9. Results of Re -inspection: Above ground pool not removed. 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 Bo Qfblic aring. Dated this 15th. day of August, 2007 Michelle Scavone STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn t r a ed subscri ed before this(�day of , 2007 by (Signa f No Public) Pithm ... P d Personally known or produced identification Publ�I�01� Type of identifica on produced `\\\\\\tl`\\\\{i\\\tlltlll\\tlitlC9�Ytliy REV 3-3-05 P COLLIER COUNTY CODE ENFO �• RCEMENT NOTICE OF VIOLATION Date: 7/6/06 Investigator Michelle Scavone Phone: 239-213-2973 Mailing: Zoning Dist Agricultural Sec 14 Twp 49 Rng 27 g 1180 Dove Tree Street Legal: Subdivision 100 Acreage Naples FL 34104 Block 056 Lot .000 Location: 1180 Dove Tree Street Folio 00304040009 OR Book 3031 Page 2039 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATIONS) Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0744, you are notified that a violation(s) of the following You are directed by this Notice to take the following Collier County Ordinances) and or PUD Regulation(s) corrective action(s) exists at the above -described location. ®Ord No. 200441 Section 1.04.01 ®Ord No. 2004-41 Section 2.02.03 ❑Ord No. ❑Ord No. Section ❑Ord No. Section Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ,—Qbserved on this Agricultural zoned property, with a bonified �ricultural use permit an unauthorized/prohibited above ground pool in rear yard without prior Collier County approval. No development shall be undertaken without prior authorization Pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building structure, or part thereof shall be erected, reconstructed, moved located or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which is located. 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Michelle Scavone 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 213-2973 B 1 , r%.(239) -3930 VIOLATION STATUS: !Initial ]Recurring EIRepeat Must cease use of prohibited pool and remove unauthorized pool in this zoning district or obtain a zoning verification letter statinL7 that cool is directly related to a bona fide agyricultura] use on this Property, Supplemental attached ON OR BEFORE: July 20, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Personal Service ❑Certified Mail []Posting of Propert; OFax [MMail S' a e and Title of Recipient Print �"u I Dated this day of 200-• Florida. Credit is gratefully given to the other members of the publishers staff for their /011N cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.OQ 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 A - 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 NON CONFORMITIES, 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.D0 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter ^ in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County COLLIER COUNTY LAND DEVELOPMENT CODE .03.02 C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive. D. Words importing the masculine gender shall be construed to Include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction "and," "or," "either. . . or," the conjunction shall be interpreted as follows: 1 • "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or" indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day.... C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week" shall be construed to mean seven (7) calendar days. E. The word "year" shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year Is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 GENERAL PROVISIONS 04.04 Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall. be- unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. 1.04.03 Exceptions A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any -lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types, densities and intensities of land uses or the yard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site development plan, or (3) phased site development plan that has been approved for at least one final site development plan, provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. LDC1:5 _---I COLLIER COUNTY LAND DEVELOPMENT CODE 13 An An 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 cant' 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 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 10_�1 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 r•tdt:trej 11) 1-utitla htlnwca•Sraglq;n ivasd Mile Cutrargy Ariuty. tttor. etW Trall 914, VArLEM YL 1:1C Wild k: the itsurroct 411 a utk t-S•,dar,rt p,+l-:r il:• 1Juntber 6211666 Parcel ID Jr: 00 i.iratvtett) SS • *** 2977236 OR: 3031 PG: 2031 *** UCO1D1D it 011ICIAL UC01Ds of C061,111 COMM, tb 05/06/2102 at 12:13" DOW 1. 11OC1, CuH COIL 21600.00 UC Fit 111.00 DOC-.10 113.20 ColIIs 1.00 fix 1.00 ib ARNAh rY PFFD 1Kll: ILNUIY1Di'AL) IIu n TIM WAIAIT( IQKT I tICI " 11w W Aria ANT V MILL), Jaim: 111,194,11101 o. taenit Js Vlrglaia Vurtnlw, sn our routrrled wide►.. Cul v hills spilobw ur A Dilated win Normoa ah,.se pull out. t tddresa .,. 4179 71h ♦vir. 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W,.J: Jut Ihr t;1tlA I ()K hn.bv re oven Ness-zgy. vt.�oz-t;• 1 am a tkkaty publlc.a d>c tta►- o! �SyN�rrd cy .o.1Ylk)iM1, rArTJti. fHt. YdRt4UW(+ INJTRItMENT t.0 ackn»ab,i0a. hef re rpe oc t + ty. t'.Aarda AN Ylryhda Nurnrua ou unr.erltird wWtrw, Suryfvlaq t>,oatso er N'l1Yun Irr►v in \rrraan &C-1, ,+rr near L Chodolt •,1w carrot loots oCanift dWkaJrkrryb.»oos I 1 a COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert and Jeanie Ankney., Respondent(s) DEPT No. 2007050259 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-14 Deed 15-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007050259 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ANKNEY. ROBERT & JEANIE, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement of property without Collier County Building Permits LOCATION OF VIOLATION: 6061 Painted Leaf LN Naples, FL SERVED: ANKNEY, ROBERT=& JEANIE, Respondent Ed Morad, 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 I. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robert & Jeanie Ankney, Respondent(s) DEPT CASE NO. 2007050259 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 0744, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2004-41 As Amended, the Collier County Land Development Code. Sections 10.02.06(B) (1) (a), 10.02.06(B) (1) (e) (i). Not obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy. Also, Collier County Code of Laws and Ordinances, Section 22, Article II, Section 106.1.2. No required inspections or final inspection requested, or certificate of occupancy issued. Also, Florida Building Code 2004 Edition, Section 105.1. Any owner who intends to construct, enlarge, alter, repair, move, or change occupancy of a building or structure, shall first make application to the building official and obtain the required permit. 2. Description of Violation: Improvement of property without valid Collier County Building Permits. 3. Location/address where violation exists: 6061 Painted Leaf Lane, Naples, Florida 34116 4. Name and address of owner/person in charge of violation location: Robert & Jeanie Ankney 5. Date violation first observed: May 21, 2007 6. Date owner/person in charge given Notice of Violation: May 21, 2007 7. Date on/by which violation to be corrected: July 21, 2007 8. Date of re -inspection: August 17, 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 4 day of February, 2008 STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement Investigator 4Sworn to (or affirmed) and subscribed before this 4 day of February, 2008 by ED Morad s (Si afore of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification'- duced., REV 3-3-05 BONDS! _ _ 2 Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent Robert & Jeanie Ankney Date: 5/21/07 Investigator: Ed Morad Mailing : 6061 Painted Leaf Ln 2007050259 i� Phone: 239-403-2441 Zoning Dist Estates Sec 29 Twp 49 Rag 26 Legal: Subdivision Golden Gate Estates Unit 30 Block Lot TR 41 Naples Fl 34116 Location: 6061 Pained Leaf Ln Folio Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 2007-44 , you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(11)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist ... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ❑10.02.06(11)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. Z10.02.06(11)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy 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 Il 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. �t Section 106.1.2 Certificate of Occupancy. ®106.1.2 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. 38163440003 OR Book 1938 Page Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. []Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: July 21,2007 Failure to correct violations may result in: 1)_ Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. 4Rpond.nt's Signature Date Investigator's Signature Date 123. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 Case Number 2007060269 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION I Robert Ankney,property owner of 6061 Painted Leaf Lane. Golden Gate Estates, agree to comply with Collier County Codes and Ordinances. I will obtain permits, inspections, and certificate of completion or certificate of occupancy, for all additions/improvements to my property , or obtain a Collier County demolition permit and remove all improvements/additions within 3 months of the signing of this document I will personally address any revisions/rejections, from any permit review person(s) or departments) If needed I will also obtain any variances. I will be responsible for tracking the permit process and variance process until completion and issuance of the permit, pass all inspections and obtain a certificate of completion or certificate of occupancy. If failure to obtained the permit within the three month time frame, I understand the case will be presented at the Collier County Special Master Hearing or the Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. .nvestigator's Signature Date • /7, 20o2 Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 4. COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION Tallahassee, Florida 2004 5. 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 11-N FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCON FORM ITIES, 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 IN APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10 02 06 A 2 10.02.06 B.I. 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 certificates) 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 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 13.1 required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. L Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading,. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land "development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained - within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 Q FJ CODE OF LAWS AND ORDINANCES COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners MUNICIPAL CODE CORPORATION Tallahassee, Florida 1994 9 ,#,IN, (b) There are more than seven (7) units on one (1) floor. (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start of insulation on large commercial jobs. (e) Underground electric, sewer or water piping where cave in is of concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating of ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal of the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building. Inspections - As -Built survey, "to read as follows: 105.6.1. It is the duty of the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop -Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection, then the permit holder shall be subject to a re -inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy, " is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for 1Q. each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled 'Temporary/Partial occupancy, " has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy, " is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, the Official Zoning Map Atlas with the wind speed lines overlayed in one mile -per -hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. Secs.22-28--22-80. Reserved. 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. 12 Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non -technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title, " is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire, " which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall applyto the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance, " which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and JY(:IlUN 1U-') YhKIVII 1 J rabc i vi i SECTION SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment iristallations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.orgliccelgateway.dll/Florida%20CustomBuild2004_FL/3/8?f=rtempla... 1/28/2008 ��' _7 -41 01813046 %VR22 me 16 .001938 001235 COLUER COUNTY RECORDED eRwOK PAGE 94030039 PRIA a VOCWTHI& jvatRAj= DE= MADE THE 19TH day of APRIL , A.D. 1994 by Kr — IND— JXFFRXY COH= AND 19dtTHA COHEN RUSSMAND AND WIFE hereinafter called the grantor, to ROBERT AMOM AND JEANIE AND= , HUSBAND AND WIFE whose post office address is: 6061 28th AVEM, S.W., "ApLES, FL 33999 • hereinafter called grantee: That the grantor, vrTWwz=- tor, for and in consideration Of the .u. of $10.00 and other valuableconsiderations, receipt whereof; is hereby acknowledged, hereby grant', bargain sells, aliens, remises, releases, conveyo; and confirms unto the gra. all that certain land. situate in COLLIER County, Florida,,. THE EAST 150 FEET OF TRACT 41 C;OLDEK GATE ESTATES, UNIT NO. 30, IN PIAT BOOK 7, PAGE ACCORDING TO THE 1:1111111'. 58, OF THE PUBLIC FLORIDA. SUBJECT To - or 1994, and a a of yet due and payable. tal authorities, < a i'�isjon. _y Zoning d U R tr ctiOn I b -'i and rags rict no emento 0 the s re n in a n t anancell thel"g. fee a f rave AND or he co wit that the granto wfully seized of said in si hat the graakt right and lful an rit convey said land; that grantor hereby f t to said land a ly a and will the same against the ul I all persons whomace" that said land i. %. a 1 CCU, except taxes acc I g Quest to December 32, IN WI the said gran.ad and sealed these —presents the t CWITNESSES: W slam NAME W ICBtA RE MARTHA COHEN KLAZ IeCelved S111A aaaeotar7 Stoop Tax hatelv" S Class 'C- Inta.91ble Personal Property Tax owl CIRCUIT COURT C. QUO /57. 94,19,94 12219 ACTION TITLE 7741357 4 17043GgM29'797 001938 OR BOOK NO.215 PM 001236 PM STATE OF 4-.+h &aliar- - couwff OF -n]2cQa- I HMMy CM=py THAT an THIS DAY, BZpM ME, AN OFFICER DULY ^uTtloRxzzD To ADMINISTER OATHS AND TAKE ACnWWLZDMGMMI PERSOMMY APPEARED JEFFREY COMM AND MARTHL COHEN , HUSBAND AND WIFE Lwow 70 HE TO BE THE PRRSCIM(S) DESCRIBED IN AND WHO MMCUTED THE FOREGOING INSTRUMEMI, WHO ACKNOWIM)= BEFORE ICE THAT THEY MMCUM THE SAME, AND vf WHO IS pMtSOXMLy MUM To ME, OR ) Mao HAS PRODUCED AS IDENTIFICATION, AM WHO DID DR DID NOT TAKE AN O)LTH- WITNESS MY ON THIS IM DAY OF APRIL, 1994. C PRINTED Comiss IRES: 1 kIz ci THI UMENT PREPARED BY: ACTI SERVICES 02 2272 S ROAD, WITH i 1 NaPLES, 2 COLLIft xx". . . noRIDA kkom. C.Elc COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida VS. Robert & Jeanie Ankney Violation of Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) of Ordinance 2004-41 As Amended, The Collier County Land Development Code. Also, Collier County Code of Laws and Ordinances, Section 22, Article II, Section 106.1.2. Also, Florida Building Code 2004 Edition, Section 105.1. Ed Morad, Code Enforcement Official Department Case No. 2007050259 DESCRIPTION OF VIOLATION: Improvement of property without valid 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: 1. Normally the guidelines for the time frame to obtain the Collier County Building Permit, Inspections, and Certificate of Occupancy to abate the violations is one hundred twenty days (120) from hearing date however, the permit was approved and is ready status to be issued. Staff is requesting the order to abate be thirty days (30) from today's hearing to obtain the approved Collier County Building Permit, Inspections, and Certificate of Occupancy or a two hundred dollar ($200) a day fine will be imposed for each day any violations remain. 2. If the respondent elects to remove the unpermitted improvements they must first obtain a Collier County Demolition Permit. The respondent must execute said permit by removing all non -permitted improvements and all resulting debris to site intended for final disposal, obtain all required inspections and certificate of completion within sixty days (60) of today's hearing or a fine of two hundred dollars ($200) will be imposed for each day any violations remain. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROBERT AND JEANIE ANKNEY, Respondents CEB NO. 2007050259 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 24, 2008, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on July 31, 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 day of(�, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 3tft of FLORft- ;ounty of COLUER ,Richar aenbring ,Vice -Chair 1 "'"1EBY CERTI.'''e THAT this Is a true and 2800 N Horseshoe Drive ;orrect copy of a occurrent cn file in Naples, Florida 34104 Bowd Minutos and 7,1ccrns of C6'Ner County `—jav of 7 WIGHT E. BRO(A CLERK OF COURTS .. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this2iday of , 2008, by Richard Kraenbring, Vice -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 Licenseas identification. rLTIS10 a ON NOTARY PUBLIC gSION # DD 686595S: iu : 18, 2011 My commission expires: Notary Publ c Unce i;ers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert and Jeanie Ankney, 6061 Painted Leaf Lane, Naples, FL 34115 this ��Iay ofIlj A_D2008. 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Wayne Creber and Ronald Creber, Respondent(s) CASE No. 2004040316 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-21 Deed 22-24 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Dept. Case No. 2004040316 Plaintiff, VS. WAYNE CREBER AND RONALD CREBER, 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: April 24, 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: 89 Hawk Plantation Island, FL SERVED: Wayne Creber and Ronald Creber, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. CEB/DEPT CASE NO. 2004040316 Wayne Creber and Ronald Creber 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 91-102 The Collier County Land Development Code as amended section(s) 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 0441 The Collier County Land Development Code as amended as sections 3.05.01 Vegetation Removal, Protection, and Preservation, 4.02.14 (Cand D) Design Standards for Development in the ST and ACSC -ST Districts (site alteration and Plantation Mobile Home Sites), and 2.03.07 (D) Special Treatment Overlay "ST" 2. Description of Violation: A large pile of fill has been placed on unimproved property without permits with wetlands impacted. 3. Location/address where violation exists: 89 Hawk Plantation Island, Florida 4. Name and address of owner/person in charge of violation location: Wayne and Ronald Creber 8257 Needles Drive Palm Beach Gardens, Florida 33418 5. Date violation first observed: 4-2-2004 6. Date owner/person in charge given Notice of Violation: 4-13-2004 7. Date on/by which violation to be corrected: 4-23-2004 8. Date of re -inspection: 9-26-07 Results of Re -inspection: Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 11'' day of March 2008 � ' ric0 Cl— I t Susan O'Farrell STATE OF FLORIDA COUNTY OF COLLIER X-akf rmed�and bscribed before this 1 Ith day of March, 2008 by Susan O'Farrell. MARLENE G. SERRANO Print/T e/S T lorida Notary Publ' ( r� 0 145 Name of I foi7 pires March 04, 2009 Personally known or produced identification Bonded thru 1 st State Insurance Type of identification produced REV 3-3-05 COLLIER COUNTY, FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT '0-W'O: ame A. Creber and Ronald A. Creber r.O. Box 5041 Everglades City, FL 34139-5041 LOCATION OF VIOLATION (LEGAL AND ADDRESS) Within Collier County Zoning District: ACSC-ST Sec 24 Twn 53 Rng 29 Subd Blk 267 Lot .000 Parcel Of Collier County Record. Property ID: 01214920959 PUD Tract Unit SDP OR 3461 Page 2830 :OR Page AKA (Address) 89 Hawk Plantation Island, FL NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 92-80 and 97-34, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ord No. Ord. 91-102 as amended rd No. 2002-01 PUD #s: Regulations: Sections: Dated: Section 3 9 3 2.2.24, and 2.7.6.5 Section 104.1.3.5 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On 4/02/04 A large pile of fill on the property. No building permits have been issued for the lot. Exotic vegetation had been removed with issued permit #2936 project number 2002080007. Wetlands plants including mangroves have been impacted. DEP has been notified. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Christal Segura 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2444 Fax: (239) 403-2343 Investigator signature M'pw'�ku� W; OLATION STATUS: Initial QRecurring QRepeat ORDER TO CORRECT VIOLATION(Sl : You are directed by this Notice to take the following corrective action(s) Remove all fill from the property to restore it to previous grade without damaging any remaining vegetation and obtain all proper permits before conducting any further work on the property. ON OR BEFORE: April 23, 2004 PENALTIES MAY BE EVIPOSED: Failure to correct the violations on or before the date specified above will result in, 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You will/have receive (d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500.00 per day for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: OPersonal Service ®Certified Mail Posting of Property I , HEREBY acknowledge that I have received, read, and understand this notice of violation. Signature and Title of Recipient Print Dated this 13 day of April 32004 Reference case number: 2004040316 ),I-+;,. Orioinal to File Conv to Respondent ff Conv for Site Postine CODV for Official Postine Rev 8/03 c/ . 0 N C � } N 9 0 a[ O r a U ti Ln Er N C 0 7 L a m O 6cm: d � O 000 a m 7 � N dID > m FTc m m m o m C rn O U C m ❑0 cc, O 1 P 0 M M r-1 c M Cw O I O 'a W H 4 (11 H o O 4 W U ro U y ! T' N N Q z ID o 0 E z jaaPQ u z' . N 10 r c 7 Q r) 0 U. Ln IL 4, COLLIER COUNTY LAND DEVELOPMENT CODE 3 05 00 3.05.02 D.1. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee but construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed Supp. No. 2 LDC3:24 COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.14 4.02.14 C.Q. 10-1.1, 4.02.14 Design Standards for Development in the ST and ACSC-ST Districts A. All development orders issued within the ACSC-ST area shall comply with the Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern. B. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida, Department of Community Affairs, for review with the potential for appeal to the administration commission pursuant to Florida Administrative Code, development order Requirements for Areas of Critical State Concern. C. Site alteration. 1. Site alteration shall be limited to ten (10) percent of the total site size, and installation of nonpermeable surfaces shall not exceed fifty (50) percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. 2. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. 3. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoff and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially i—. completed within 180 days following completion of a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Exotic species included are enumerated in section 3.05.08 of this code. 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all wetland plants listed by the Florida DEP in the Florida Administrative Code. 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation. access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the fifty (50)-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. 6. Manmade lakes, ponds, or other containment works shall be constructed with a maximum slope of thirty (30) degrees to a depth of six (6) feet of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery -grown aquatic vegetation, restoration or revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes n are exempt from this provision, except that whenever any person carries out an activity defined in § 380.04, F.S. as amended, as development or applies for a development permit as defined in § 380.031, F.S. as amended, to develop any existing quarrying lake area, these regulations shall apply. Supp. No. 3 LDC4:30 6. SITE DESIGN AND DEVELOPMENT STANDARDS n 7. Finger canals shall not be constructed in the ACSC-ST area. 8. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 9. Drainage. a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conform- ance with subsection 4.02.14 C.9.b. immediately following; however, modifications may be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on -site or to a natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. C. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 10. Transportation. a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for the passage of stream, strand, or slough waters through the use of bridges, culverts, piling construction, or performance -equivalent structures or systems. b. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a historic ground level sufficient to protect wetland vegetation through the use of weirs or performance -equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flows areas. C. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing, or performance -equivalent structures or systems. Structure installation. a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. LDC4:31 2 COLLIER COUNTY LAND DEVELOPMENT CODE 4.02.14 b. Minimum low floor elevation permitted for structures shall be at or above the 100-year flood level, as established by the administrator of the federal flood Insurance Administration. The construction of any structure shall meet additional federal flood insurance land management and use criteria. C. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. D. Port of the Islands, Copeland, and Plantation Island mobile home sites. Port of the Islands, Copeland, and Plantation Island mobile home sites are developments located within the urban designated area, but are also located totally within the Big Cypress Area of Critical State Concern. A portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of F.S. ch. 380. There is an existing development agreement between Port of the Islands, Inc., and the State of Florida department of community affairs dated July 2, 1985, which regulates land uses at Port of the Islands. development within Port of the Islands shall be regulated by the development agreement and the residential density and commercial intensities shall not exceed that permitted under zoning at time of adoption of the GMP. Development within the urban designated areas of Copeland and Plantation Island mobile home sites shall be subject to review and administrative approval by the County Manager or his designee for compliance with Area of Critical State Concern regulations. Development will not be required to go through the process of filing a petition for site alteration or site development plan approval, pursuant to section 4.02.14 G. This does not exempt site development plans required in section 10.02.03 of the Code. E. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be, by the BCC as provided in section 4.02.14 F. below. F. Procedures for site alteration plan or site development plan approval for development in ST or ACSC-ST designated land. 1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the planning services director and appropriate county staff. The preapplica- ton conference is for the purpose of guidance and information, and for ensuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alteration or site development approval will be accepted for formal processing until the planning services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appropriate. 2. Review and recommendation by planning services director, planning commission and environmental advisory council. The site alteration plan or site development plan shall be submitted to the planning services director who shall have it reviewed by the appropriate county staff. The planning services director shall then forward the site alteration plan or site development plan and the county staff recommendations to the planning commission and the environmental advisory council (EAC) for review and recommendation. Neither the planning commission nor the EAC review shall require a public hearing nor notice to the LDC4:32 0 WI CKly/A D. Special Treatment Overlay "ST". 1. Within the County there are certain areas, which because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historical or archaeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations. Such regulations are directed toward the conservation, protection, and preservation of ecological and recreational values for the greatest benefit to the people of the County. Such areas include, but are not necessarily limited to, mangrove and freshwater swamps, barrier islands, hardwood hammocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainage ways, aquifer recharge areas, and lands and structures of historical and archaeological significance. The purpose of the "ST" district is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems, and at the same time, permit those types of development which will hold changes to levels determined acceptable by the BCC after public hearing. 2. An overlay zoning district classification to be known as the ST special treatment overlay district, and to be designated on the Official Zoning Atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by this LDC. The placement or removal of this the ST district shall be governed by the procedure for amending the LDC and this Official Zoning Atlas as prescribed in Chapter 10. All land within the ST overlay district shall be designated as environmentally sensitive. I r �; ;4�►' A, ORDINANCE NO. 91-102 IZIA N , ORDINANCE ENACTING AND ESTABLISHING A LAND . '+ EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY, iA •u•f ' � .._ LORIDA PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ftt---L£� REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, INTERPRETATIONS, VESTED RIGHTS, • NONCONFORMITIES, ENFORCEMENT, FEES,- LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, s CONFLICT WITH OTHER LAWS, SEVERABILITY, REPEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO GENERAL, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET PARKING -.AND LOADING, LANDSCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RELATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS), VEGETATION REMOVAL PROTECTION AND PRESERVATION, SEA TURTLE PROTECTION, ENDANGERED THREATENED OR LISTED SPECIES PROTECTION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IMPACT FEES LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION -MAKING AND ADMINISTRATIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY DEVELOPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPARTMENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RELATING. TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEF:'NITIONS; PROVIDING FOR SECTION FOUR THAT THE LAND DEVELOPMENT CODE SETOUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. -: Whereas, Chapter 163, Part II, Florida Statutes also known as the Local Government Comprehensive Planning and Land `{ Development Regulation Act of•1985 and Chapter 9J-5, Florida Administrative Code mandates the adoption of land development =* ® U04 01 -I- In Page 1 of 1 perm" rand Tmtall. VrI dda Collis! County there era curtain aura, which boots" of tb,eir arnigmd amembtapm or Dom Ind w fauna, iWr molouL*apped, himoriul or wc1mwLo;iar1 mIgniftwo, rarity Fe iCotlfor Ooamty, or their;mntttbs t* to quilt own and edlaaertt eaa■Ybaaas, mks Ilibm warmy ortpogd ftoodat. Such ra,Tufatiom ate diwicd towrrd Um tamacrvatise, iratoedon, dud prowr odfort of mooloilical, and t milat sl wohm far this grodoll boufLt to the ptapi* or - tom ler Crmuuy. Such trsaa ineluds, hat ws not mocu oily Ilmrhtd to mangrove and Ards vwtat rwao,pt. Wrim ighol E, hardwotrd hamowkt, mdo mania, ooarld Irmoha, esnrarim. eypmu domes, mural dmimpgr ways, sgvOm ro*upa arm yard Inds red ptrvotum of hlatodul and rrclraaaloglul mlpdfi lm& tts pwgxm of thjl evariq dimrict ragutatlen IN to wµm the promarvulom and math i mtoee of there amvkoamamW and catty rat movicat and to enoauroje Ibe ptaenrvallam of rholattiaat*aealaglealralatlamrltlpl WIIW IhaIym mrrand at Ihe.taaw tlmspa'tntt there 4" of dewlgpmarttwhich At hold ohanga to Wits detetrmlrtat toaaptabla by The Baud or ommy Oanaraluionarr ohw pohAlia 6urimg. 1 2.2.U.2 RE: m UWag giff1m; 111midw DC41-1heof "ML I&ad&.QUEC+ 110d or "At'SC ffN Lana. 4 L2d2 L ] 8aiabila•Irmemt of ST OTm-Ur biatrid. Aa avaday molmg dlartiet clmrtlilcatloa to bo kwwa #4 th* 'ST' Special Trutmeal Ovalvq DJetr 4, rued to %* drsl;arted on the Officid Zooids AU" by the gmibal 'ST' tojtlkw with tiro symbol of lbs bteid ao&hq dirtrski which It overlspl. IN hwohy mubdaW, 111m awrlay dhtrlet ermmtllatlaq will be wed for theta Inds of ravirom W saasltMtr ted hlatodwil tad srobtaa14ctl eiSmiro men whore the so eadmi medmSEW err crulturd value er c6 Imid h nst. A&RuuLy protwed vndw Met+ We wWaS dlxriet rsgulatlem eaiablithed by this cods or by orill6uea lion plecomeat or ramaral or tbfj overjoy toning djecriol rhep he Soveimed by the procedure For •mendrap the Zordog Corte end the Oftieiat Z,amias Alfa u procAbed In Wv, 2.7. 2.2.24,2.2 liatahrlafeeamt at RST onrlmv MiA . For purporm of Edeaftin lied from which the raldtptlpL de%etopraenl rWbt{ hm been trvmforad, mvca ludix thalj be dtalgattdd eo Lite Off aiel Zoning Atlas by off ling Iha letter "P' kr prowrwotiat to ihs rrmbd'ST', thusly 'P-ST'. Sash dalya+Uoa ehetl be pled cc the WW after ft Board or Cmnty Coamlisiomm hu mwwfod rho dud aadlar pumbea to mid pmp.ely. 1.2.24.2.1 gatahrtahnmmt at ACSC49T Overho t Idtatrld. to reoordar oa wM Sm, SWA7, Flodda Strhttol ' and Chopior 79-13I Lawvi or Floride, It* Admini/trail%* CommiuLcn immelsutod rquIatlomi rat the Big Cyprw Aral of Cdtlaml.al11F Camtuh (ACSC), '[ba parpow of Ihae mpLatlow Is' In cmurm end prow drr me ml, envimmoKah[ red womomtdq rworm of the Big Cyptsep Area. ?UrIharmara. IbNO raglalalioal ire to provide t land and %wer a mlparmt sysiom IhAt wiLl prmoerve wtrar gwllry, provide far this optimum vti[iudom or Ibe Ilrollod watod roman m of the an, fror7irptn orderly sM well plar,eld daMa4mori, Lord prMeot rho hutOr, uraty tad wsl Ihre of roridonta of the $We, Chopiet 27M or it a r1orida Admlatritarivo Coda enrablithm Criteria for rite alierition, drwialge, Itms"ruilom William Ind ouxturs Iratl[latian. Those rogWockm era JAMO 6.wtgp,"em Cady http://www.clerk.collier.fl.us/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 /I Page 1 of 1 tmplunantad through the Iliad Dwalopnnnt Reg+itlatta as sat fink in Bee. 2.2.24.7.2. An ovarlty arrttlog olaaifioni" to ba knows as Arms, of Cri+kd Stale Cooc& f leaaletw Treattitent Orulyi shall be dmlenaedd ao tba Offioiml Zonis= Attu wrlh mythbol ACSC•S'C bible VIA rin"Sr Lamd1s. • s.2,S4,3.1 lstmerl�i. . 1. Lead dosiyndad IST, sbdt be wed only far the p.rmhud principal n% eba p rolitled necessary Lam. andfat tho pdrmltlsd eaerdrHanal um ttadar the buns imclselying zoning diNtf4ot elaaificatiom of iueb Iron. 10 all corer cum. Itmpmu uw, such as huaft cNbins. as daMood la It is Coda tiny bspumined. 1. Tba condderatioa atom appBeatlon ror a pentdated oonditionol we dull he ftbjeet to a publlp t,aatlttp. This heuring may. aaamurrondy wick any pablte besting rup1rd by thlt MOOR Of may ba hsW at a upanls time, % 3. IU fact that a use Is portuludd mWer die baidc mn4ij dDildd dmiHattori vWL oonfar no Pistil to the property amor fbt mch tug wdeu au+ak nag If rpecittcalty approved in a aoddi Lion of appraY11 alit d It al'I"601111 plan andlsr des development plan by the Hoard ad County cantrtdsalorm u provided la Sao, 2.2.24.5 tad 2.1,24.6. • 2.2.14.3.2 tile* ,Igymrnt11ilindarda and AmWorlerrm ror AGE'-91', All davalop=nc wam !.cued witbin the ADSC•Sr Am chill comply with at be tears restrictive than Ctuptar 27P-3, Molds AdfnlalstretiV6 Cada, as amended. 'Boundxry and Ragvlatiana fat the Hie Cypress Ace of Critioal Sula Canoes.' u off foAh blow. I. Site AlleMflen, a. ski allonfto skill bo Unshed to loll of the lotat mile a* tmd installulon of • nnn•pannmb►e surnloac aball not sassed 50 % of my auafi aria, • t. ,illy non•permcable sarfaea grmlor MwA MOM Karr red shall' prorlde !br relaasr of vullice rtrn off, collaeted ar 10190rel14, is a manner IMION Imadrtg lit■ nmtnfat atlriaoa watu ilrtw rglmo of the area. e. Sash exposed dodoS silo altur,rtiun shall be Yi■ Mmad still retention panda or partl+mmm equlalonl atnicturw or eyalcnu mainufndd In order to main run off and dhatfon an the Carratraatiaa mile, Reatefatlon or wrgeWlion to ails rlterailon arm shalt flit ntbttaatixilp compidwil withliL 180 days following eotiyplatton of I dehdopmanc. Rwegelstrae idn11 U socernpliahad wild pro sxtsiing Ipeoka campt that vroilerirable emit mpedu mMll but bm replmltid or propaeatod. gaDiIr mpeerw isicludtd am third Wow. • �I �4��`1 iB� crave• caaq iro, rxmprrJ?, ttrnl http://www.clerk.collier.fl.us/weblink7/ImageDisplay.a.spx?cache=yes&sessionkey=VWLIm... 2/27/2007 l l rage i of i Amtrwinan pins (apgW04 M) Blshopond (ALrA ulttYYW+Ad 9rizalm Pagper tlbfAM tsrabinthlMimi) 141miteuos OdrlamlG1M.) Daway Rounrata MWQ a RL&nf Acufa (&StsL; tlldsadi��Ir1 aklrw Mlmon Gdltaam pLiti{} Javr, PIWO tvagidst 4CMm} Ho msmpur" teas of wall muA gtoaa AmU law &aroyed or otherwise sibwed. Plwcts wpeolflally poaisood by t>df rWlulon I cMlat All wolland pleats IWM "by firs Florida Eiopsrlmrsat mf EMYiroaawomfai Bagmlatiod in Cbwpter 17•SO1, npr14 Admlallous {vs Cods. Y sowdsd. Flln arm tad Mat;[ dre4e or barrow pom 4 shall tit atl4asd pdaeamelally to CM direction of heal mrfafs water llum and steal 1106 apsroted from otbor fill trsaw wad pohdw by wintered atop or vesaxa[m of oemparable sire. Dtedaa or irorrowpagda drs]l pravlds for dw slaw Cr dorm wstsn as what flow from thot dowdAreaot ad low vawlto od ams, or ngststlaa. Aoseu eosdw to and between dill sreu obot pssM& far rhs pump chf ploy Fa s master approdmmingThe ma=4 flow mgfmasaddeclVedin seeommodsto ths90ymr Mom. Fill wteas vA tbnated pw& [dull cot tuabetw flatly roula or divest thw tldsl now to or to ■ durA or ffUwW or wignifromdy impede tidal action in any portion of ttae ortawriae sane. Mu midi linter, poeds or abet soal■iament warls,l I be. ums(rvetdd WU It taattiimcm plop# of 70 dorm to a depth, of six Itat (6') of wtler. Wbn mlasral ariuwdon Is enpplolod in asw gvartyinj Won, s6oredoo daplap, plmtiat of 1lttarwl sholvaswidL murmq grows agumto aropatetlom. iestunuiort or r esgotad40oftheproporty,anddliposdofoprslfoortsilnnpswallbevomptated bafory Audoameot of lbw wife, 5xistlna parrying Ida ato suteorpt froaa this provl.lee, e4oagt dart wbsww lay Ponca earriaa out ae aatMir defw d id Sea.' I1CLO4, Flo. Slat., oaf- pmc+sdod, so dorslopmemt or applln far• a dergopmsot po mR u detlmad in 84r. lg0.03I, Fla Slat„ as emended, to dsvoiop mr exiolln4 quwrrxind Irks uea, draso rogeielium ALIJ aWy: S. Piey.r fagot shu mot bo o:PoiM elan UL lot AC.4 C Arcs. a. a. >?xiginydrwlri lbonUElrws6xlt act hs mMlfled wa m to dnpc aese %tide to urr eossul -warm, shbor diroolly of 1bmw;b eoistnnp dminge [sellttlok Hwbtla= draloslis fotUe(m AJI am be okpondsd 6 clpocdty or.lsgfh exoept bt noibmwne0 with rAmoc,tlon Z Imrmedlatsly fhtlowl4rj bowsvar, modifibstianx rosy 6 made to exiwlin; fsdtHEy Idol will root the grosmd water table. or UtW1 soft Wolof inttw(on. ekdGn �4 7•a0 , �eabrr JR,1A�r later 8r*rtepprar Ceh http://www.clerk.collier.fl.us/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 13 Page 1 of 1 b, Now drafasaeisotlftlasshs[I Idumllrafer is a awarapprnxlnuding dw nituml loW surhoa flaw nif w% I muk s Aprsadee pond or pafommm equietdea( alruotwa. or Ayeten,. ciL$w rm ohm, or In ■ nmral rebminp m fEl Lmdom and Dow arse. Now dtalnqe fullitim gull aGo miiaaio a ground water tsvd pprririeet to protect wsefandVaga ttonthroughtheuseofwaincrparfumummso"ivrtlaq itturturu 6r eyslumm. JFald Mltlles 111a11 mot relsla, divut, ar alharwile black or obiaad the aetunpg 000m1la4 Mvm to a shoed( Woolh or esluriaa err. a. N wdndogs&:111c[aelwllaoldliawg*wuerlslasnreout<Ewaters*Acibe! dlreatly or tbmu;h ealetle; draluge Whim. , S, Trarnnoriailen. • a, Tmmpurtadoa faelPltla Widch would reuln divsrs OF atberwim Moil( surfers water flows ehafl provide for rrar m•eaublEAFMINl Of ah"t Mow Ihmv24 Ihm vas of fat eR"ar ag'raadrr IOMWN or pot ormaaae agvivaient rtnretum and shalt provrda for the Fumse slMIN strud, or elou;h waters Ihrauah tha'Im of hrid=1s. culwru. piling eumminctiuu or perknuaes equive[ani rltmtusm or iyrleau, 1 . b. T+ramsportuiol firotlitlee (hell ba, eoesttuoesd p0diul to Ibs 16W .urfaa now, lad Add malmWarldetsdc ground Il" aufi§dant to PmLmck witland VBSOU110eF through U UK of weirs Of pwftmuma equtVAW atluotvrm m eysleeea, G Transportation fmcfilry remAncliom Blum mull provide Itlr dilation mW runoff eoatrol thmma the no of seRllal pools, sari flataa Of performmee equivalent �\ fir1e3tvfEa o1 gJloorl: 4 a, Pjm*m at of etrurram dldl bo acratoplJ" Ea s manner Ihat wtlJ WA idw mAy ofi'at suFfma. riM& flow or (idol scd0m. N bdraimum low floor deYulm paradttai for slruftrw a1rall bo a or ■bow curs 10 year Rood loud,," mablilhrd by the AdrarnJuralor of 16s federal NOW leyuranm Adminfausdam. The muntrurtim of gay slrvoture eha[l meet add1001il Faders[ Flood lastttntse Lad li majosmat uld tlss C itrria. 24 CPR 19 M u ' amended, m sdusWebred by the epprapdus local samoy. o. 91' Dawlopurnt Oedsm JuwW for projow wllltie the Bla Cypreu And of oiiiod State Comm shill ba irmk 1W to Ibi 8tue af.Flaida Depirtmtnc of C7Dlttrll Wly AM% far x0m wn (Fie pokAlial far appeal to Its Adodmlaimlioe Comm6aboe pursuant to C3rWW Al•1, plmdds AdmW aruiYe Code, 'Dwoolopmenl Order Regvinonorm ibr Ama Of Critkal Slats Concern'. 2124,4 Punt of tf,a Wends, Part of lute IIUUW s It a dsveteprow 6xwd wtlhln Ihs urbol Dalasated Ares., but Cl iJso Jocaled totally wiWo dwai& Cyprwpe�Ama. of Criclot Role Con Bra, A pmdEon • eeat�r� GaaaQrev drro6rrJq rev( �Dawtyeuet eb,rs • W — http://www.clerk.collier.fl.uslweblink7lImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 h rage i of i n or a* devaloposed wu d foildod'trsud' by the State of Florida. 16ua ensorpl'tnj it from duo requiem aw or tempter ne, Pieaide Staiela. T6sm ie w awidlns Deveiv mat A'rsaamt bstwaso Pon of" blends. Jae., and ahsiamarplarlde Norlmoml of 0womoelg Affalm dated July 2, 191s1 which rayelstse toed vm in Part of the InLands. DwelopMed Melia Pepe of *0 [elasida ■hail ba mplated by the Deveiapawu AvmwA tt and eke residerllfal daaeity tart eooereaeelal iereoeh s shalt sat axesad that pandued Parser toniaj it tires of adoption of the AeIILw County Cirewlh hdanagamaot Plea. . a.2.tA.S MY ALlerlel a tM a0lo Dnatnernent Aan xsererel Rreaided. Prior bo Lhs cloning, dtnratioe, or dwslapnrse of seyr Lasodderlgeft■d 'Sror'AC$C•ST', the propeely owtoar or bla [agdly daljaseed same rball eppilr for and Melve approval at a alb* dNraelan plant or ills davalapmevtptw as thaw. guy be, by the Bard. of County Cosamiaaeownaa provided IASw, 2.2.U.b. 2•x,2.e1,6 Precedurm for $lee Aker*g ZJIM or slla D"awnew Plan Apgavell fern Devalnarseni In "STa at "AC2C.6TH bslcmla L■nd 2.2,24.6.1 P-aiolla*tle�e1 �Cadfe•eeca Prior to Illtaj a patlbaq for file albrstioe or alu ddvBlDpmm' approval of `i1 or 'ACSC4T' land, Lha pultloolf shall, request and hold a pre-appitcdlan owilmvae* with the Dervdopresot Barvlcas Dlmotor mad appropriate County 8eafr. 7ha pn— spplJcuina aaofanaee Is rat the purpose of 0deoee'snd lArtumdas, and for inatYiq inaofw as is poalbla, U Ike petition is in aoolbemdly rvltb these TtrgulalJaaa. No peddoo for &a des elloradioD or site derslopoeael approval will be "led for hm al pracwlq =61 the Devsiopmrnl Serelass Director bas reviewed & pdilioe m dsuermles tgat aLL nqulydd data i■ 1*61uded, a miasmata of Wry (30) dwa iau bs dlowad fl r Us pbase of the ra►law pvMw, 2 2,Z,g,6,= Rerlew and EMe�++..taetdatlert by Darelaement SWAM t1:rWw. Plum drag Camralladon and Hsnleernnn,nstl ,ld►lear►'i3e■rd, The 8111W Alteddion Plan or Ms. Dwslopmarl Pita sball be aubmlited to the f)aveiopmant SwYlces Dl:TwjDr who 441111M it ro+riswwd by Ibe appropriate Citunyy 819111' . IU gavdDproutt 8el+doea DLreotor abAl iksa forwud Lha SI le Al Ieratios PLm or silo Dsysloprtlsat Platt and Lhe Courtly Staff zsconouedstrome to the Platninj MMKFJUICM Wed Ihb Eavironmsoul Adriwry Board (90) Am rod w add rsoamensodagen. Nellbar the Planning Commlanlas pas the 5A6 w4 w "I require a public hsarin= ox eotiar to the shutting Fro" ow we,. %I shall las hold is a mgular maWnS, 'file Planaing CDeusladea mad BAB reoommeetladana and Dwaly uallf.mometwiMm aball be forwarded to the board of Cerrrray Cam "lemon for flail action. 2.2.24.6.3 ELuLACti ft by 8se■ Ndonez Mal aotlod on the she Allarn(ion Plan Of Bite Dw.lopee nt Play Iles wLOJ16a Batd of Nuoty Coroafw amn. rM Board dull review the ' propawd Sits Altsratlan Flo at Glen AwNlopmat Plats It roSalw session and shot[ net famuity by M0111lioa Milpuladnl 99MM for eppervd, ar approval WHIN MOMIeaLleel, or ddaLsL of dsedlt■ Mlemdot Pin or DriftmW Plan. 2.244.6.4 Q111tar Parmift Ri6dred. Tim patfllowprayat any Italea uAq the Courily review praoessapply far the appraprfafW local, slaLs end faderd peemila for the aLleratltut or dordopmant of Iho n bjueL ProP"'Y• � c.,wa• �� • areas aIa rat, Lard ekwilspmw code http://www. clerk. collier.fl.us/weblink7/lmageDisplay.aspx?cache=yes&sessionkey=WLlm... 2/27/2007 rage i of i Dy him .f hWr►DhMra_ A"Wi ,e Awl, [,v,e0.rtnenf fhrr t114nn6dhMf Srandnr,d E.2.34►i,S r emrs"Wemenp nrryle AlEefaflnn or 81te bevel tiftarimp Uponaht4t0[n2 sal ngrtlrsd 1aea.I, $We mad IledM I permits in order to darrof drvolop tiu mabdol prgpMy, the lrattt[ondr rosy GOMM •nos allerfdi0e or derelepitmal in aeoardaM with the corrildann And raivinnwtta of Ktid permits. LL24,7 B.6m�n l mulmienla Pw 4he Altenljen Plan or Slip Day1lnornanr Rms Approu Fen Drnloefnent in TV or aAGSCa' Dmlrnalad Lanai, I%* fatlowlq ariall bs muhttt[tled in a pONOtl for as ■Ill dom or site dwelopra me approval of 'ST' or 'ACSC-Sr [sods 2.1.24.7.1 Subrniwlatr and approval or a Sits Alydntion Plat or Sito DdvdlOptrteol flan cradzinine the rbllow[rtS as deltttm W mpplieablm so the pdi lice by tbs Dmlapmm% lerricm D Irmctor: 1. Tidm of 1he prgjeaL 2. Noma or lhs pmjaol plumar and dl.wlaper, 3. Nic 4k North d1mcttand snow, 3. UM surYmy drawlme< the pmjca bvundeeiea, any aiming mtraai, v►t W mm a or sewnrants W1thla or 4a wl to the proopmod dmiapmot. D"optnm m ■hail Idmailty, pa mscl. told oansumm nmtiw w9ftiks 0&m=n1tfmm and wi IdUs hablut, Habitats and IhAr boodartae ahsla be Idmati6ed err an, aerial phaaoaroph of the mile. MAX idmetl Reatiao will bs oweutmnt wrt4 the Florida Daparlwomt of Tnumpatulion riodda lmd UN Cover mad Fannt ClAutricadaa Symtwu aid shah be drpietad Oq an oriel p114109nph hav[o3 a MIS of am hick agwd /a at least 2DD fart wbett available Frain tha COunty, DMArwim, a no k of u [emmr ens Inch equal to 4q0 test im sae Ubl% lafar ameloriobtaLned by sraundatWhinpsurvmym mbg[ hfiva prowlenee over lnfornimion praeotaL 0"rov,Qb Pbeloprspbic Widem m. n 6. LACuion of sU prapomed buildieis ant atmtwco wiib dimanm[one sh&wjm= whoU to property liner, f0eds, wmtmr aaum and d1bw mirfm;lprer adjacsot to $d bul Iding(s). 7, Amm and haffic llaw pits, 8. Off-rtfeol pukW ad allktrsel IOadin= anus. 9. Propored xwu :Ine mA Wfferisy. 11), FlAw oollectiae arras and roRd waste, 11. Accw to veil him sod polnlm of otilklee hookups, 12. Lauliom for be ch 000tam u requitod Iho Bud Acct ae Ord inane No, 4ti-k or 119r mnccumf in funethar6 �lI 049A 189, QR90 Canary 3.IV lhaai" im, IAs! Loyd OCA&pnam Wr http://www.clerk.collier.fl.uslweblink7llmageDisplay.aspx?cache=yes&sessionkey=WLlm... 2/27/2007 ji Page I of 1 ... 1) a za,r�e oaws.a. r.�aa.d The above Imm ■hau be prepared by a Plorlda mAlrandrv■iy jugt, bap■er io, or arabitael or praotloinS ]eidd pbmter IN ■atriromnaatd oanJN]tant as MY bt ep]aopdate to the p alcuter loon!. 22.24.7.2 Tabuldioa of tool grove m Kp ids ohs pro•Iest end the pm&dqd6 themof proposed 14 be devoLed to tbs vsrWA p■tlydned owe; imwW oov. p by stnJeturvi and Impatvloua ■mK4* eevusp. • 11.24.7:3 Aed iI WW dOWtGau Far types of btdl4NI Ia the dgvA*pm.otl rtumba OF dwdllrtj watts, ■Ludo, sad typed, lwyvibel %ids typisd now pludb of cob type. 1,2.24.7.4 daempWatioaahaaa ioCludlaII the followfaII dab. L Ld um. 3. 7 owly aoe6aad area or auk llaor. mumbu and nw arse of Wu by type. J 4. Lndow* uau to bs prayided iooludW any ■aistiaganatS or ddiYe Ygelauon. r 3. pip arms. t 6. hldte�bae pf pvfcia4 aped... . 7. 4*&or sad outdoor r+etg■tlan arms. S. Meg■ Ibr piwidigr poWe sad inWoe %m r ngwir■m■eu. 9. Storm dniasge sad mit■ey sam Is plena, • AI}. Plms Ibr i[uq. it. Sme ■ddhWad d■ra u Am D■volopmmi JPar+ w Dlrmtor may behave Is porf vet to the ewlaw aed•ardwtloa or the Silt A]tatdion Mh or Silt D■delopmod plan. hums shall be prepared ey a ir[wW& n{islatad ■urwayor, sallimw, or arahlttal or preotleioS taad , pl■oanr or aaviramnmlal lomult at u BUY bs ■pprvprialt to dJu p■r1JoaLt IN= • 12, Ttacaru of dwsloprpnt r[Ou data nqu[rad in In. 2.2.74. l8. 13. Sobdaiwlon aad epprW4 or a Bavlroammtal iJaPot Stelddkot as nrWmd by WOur , • �ry Invr or xsSulaUd>ate . , 14. TJus davelaW shill be subject to Dlr. 3.9, tree/veShc■liob'mmov■J r■gufrtloW In ' • er iata m at the I11Gda of pumfOrtll), regaido{ a trw removal pbrmil prior to arry land ela■dep. h ohm deeding plaq shall IN ■uhmitddd m the D]wretnpmo Ot UNION Dimc*r for his review and o**t to opproval lb pham to ooirmeid¢ wish the r "4opmol aebadtdb. The glob dgarini plod shall Itidloale the tetaoi ion or native. wyteiatloe to ohs MAIM CA%r cwtd 7•tl. 0WwaIwo J0.1PfJ Law Owl "Ave Cmb http://www.clerk.collier.fl.uslweblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 ' 1 Page 1 oi; 1 e - • a �,�• Noma Wit, d� kfn#lldra ltdstallaoaL�mmmodt maximum FRtent p" d vA how roads, bulldinpr, Ldta. Imtking late, cad ocher faeiiitia htr+re beet orialterl to attomldoodFta We post. One edtmion to be maed In evalm am the aa,W of meave volvistiurr to ba mined slidl bo a muideret6m of ills lied use. )I If. ambeuwion amd appraMal of as eadaYatiaa pies u'rdgtlLrod by Alv, 9.i, It Fpp11ce61a. 16, A Davtilapmamt aaf $50ome1 impact mriFW 0 ragdiM 6y Cbaptar 9 -06, MOLida . Statass, u Fromadd, It oppLImMe. 17. AA appmp ide protected rp+ lea arvey u#Uts melhodalopy of +he F1oKdo alms and Freak Water lush Cammldatandl bE mquirad. An appropridm prullod d specie Nro? d6mild Wladaoorpldtatbu for ap ke kasvn or IDWy to acam is or ground lraeltsw In the devewlim-i area. It. AD aealio plasta eu ddlnod'im D1w. 3,4 eMU bs ramovxl rD IUS lull Am Of aoouruellom feoe dwdopind mu, opm Syeos rraaa, cad prdame erou, FOLlawinS alb dsmlmpmaat. a mob Ammmm pnimm m6ll he lmplsmantd to prevent mlavanim of the aLle by mrAlla spa", Tide plait, which wta dmdt* control taohrtlqua acid 6MFW6011 i1MWVdSL ehAL be Sled widL and aubjrct to appmot br The Comrmraity t7evdepmspt 5arvlcm DLrmor In aeaaadarraawuL4 Uxatarud r& embUted Ln Ptv• 34. 2.2.Ms C=gdpa Wharm Iliad has an Irr dui jaadom and tba pmpsasd al Isrs6m at &-edopmwl Fray motoLm twmaty a01 rates or lace la from era, rod whore go trumfrt of dewolopmor,t riot ifs inxolvid, lbs Darstopmsat Seeviaa Dlmctar mLy approve a 311a J4IWWIas Flan or a MR. DeyoWpmemt Fla. Mar to nloh opprovel, The Dwg*pn+erd Urtku Direolor dull locks a hdiap that dw faflowiap domdidow sort: I. TIN propmmd idesatlfWukA ordes.dmrcpmamt wtil not requLM Wy modl0astloaOf &0 wpogmphy, d riiimM fion, or Am as tbs rltr. 2, 14o polloontte wiU bs diadlsrped (mm.the eras "-01 &g de the air, water at roil belnw liar IMIR ax121101 at ills time sFapplicatlos. All oil@ ottarrtton or a[te 4ayetepsd•ptm spprawlo of ovde tummy (20)'40r u andl i a W mquirad In bets. L2.24.4, 2.L24.5, and t.2,24,d. 2,2 2¢,It WGAIrhAdan of Site Ateeraltan Plan Or Slto beeeloomant Plim her dmortirulrti"of LhoSiIF Aledrstloa PLas at $its Development Fla, at epprowed b7 the GbLurp, which would slier Ihs intent and purpose of Ibm "ST' rVilofiamm, rdgitlrw tiro proardum red appmvai at if for a asw lical m. 2.L34,16 'P-nmhLQ�.�iG111911 ml %job . Aa amor a Land dsaWaaerd elt'IT' rmy eluct IF tmmke , sam or a,11 or Ib■ teeldsmool dwsloprp.nt y4sm of ku •SY' lead to nut-'ST' propady, am pruvlded lismim.• u as dtarna6vt to 16t dekdopmal of Ibs 'ST' larrda In aonfbmm ty wHb *v 'ST' reptrlwdorm N L149 190 COYircbwa t•ar cr,.ra.1a• rro! r.,r D,wrbp,ver iY,tr ' http://www.clerk.collier.fl.uslweblink7lImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 It Page 1 of 1 DIV,3.9 TJA'.CETATION RRMi]j&L, PRQTj r.TTON Ali �C. 3.1.1 TITLE AND CITATI Thin dMdee Aatl ba krt wn ad sruy he a4ty4 as this •Collier County vepaleUoa Remover, Propeotioa wtl Ptroaer sdoe Rsptllationt. • • i 6 .3194 FURPOW, rat purpose of ibis dtri.iea In 16 protection of wpuilae withia Goulds County by. rdraldtlnd its rsmomfi, to adrW in The eoelioi of floodimp. P4 wWon, duet, hoe, elr pollutlod end susis o end to maloWn propaV. wtttlntlis and hulth Mimic widdik CoWer Clawrttr, to limit the tan of Irrildsitaawater imi opwi spans amine * praanotiol the prearrotioa of snistial plod eom+muaitids. To limn the idma tl of mietin#viebte vigswitie inadeims:a or dwappmm of rand d vt4q meat pins, et: Junk ibe mrtvmf of Ulgiap vilbra repedtlon whoa no laedse qw p,sa hn ban Faperal for the silo. it D eae the ino.et of ids dlYWi m romansion the atowrn� oR tuatt•pfoteeisd vdSrd•[iyp is order la most fha ftgnifat mU df adw edam of this oWi6 $6C. 3 9.7 4PPLtC11BiLITiFt'LTM'rW[R: T�1LtzaiOY�;ItgCRTkTidN ........Y .,ram., �. 1t shall be tsnlr&M songs iodivihimp', AM mmool im lout Yalum partadasbip, mwmx war. drodints, fiduoiasy, amptsatisre, 4redpt ar tau or V decd, Bata. Omly, oc Mmoicdpd govsmvmx to remove or cause to be remoYrd, vdpaulion withotsl tins d rtmiaiq f tt v4sOoLatt T6movil parmiil from Ihs Dvmkpmwt Mvlosa Director a imM da hdnur.iiar axsotptd, SEC.3.9.4 dPI130fi tm�. 3.914.1 Othsf Psmiis Rewind. No rapstrttim mmvd ptt-Wi d Wt be imud 1:r 1he Drvslopmmd Sw ew DJwAw Noll eti appiieshli Faisal and Spate, and Cmmly 4*roMdd as desk pod by (to DevaWopment Session Dieeotef im bmw dhwWW, Tbwe oppfowh smy ineiuWe, tout m not iivkw to: - hulldi r; p•nallp, scpeeid temirml (STD dwslopummat per -its . • U. S. Army Corps of NP41mo n pmvJu of easrtspdoru - Morlds DopmametR of ShvitarmmiW Ropletl m pwrOl et ssamptiom • l mRU >yownwat of Naar d Rmarm permits or dAwcPkiosa South Rodda Witter Meoepmetst DWritt pemsits of ■umiane • other rppticaud apdkq flivi wa a PMWN or exEmptims • other CWMY eppnovttd. 3.9.4.3 Aoetrcatin,r Cmtf�nfa, Apptl=dom ibf a wpgt1W reemovtl Pwmit shill he aebtWOW to the Dvvelopou:ot Services Director In *snit; an ■ fmmr pKwldsd his Ohs Dovelopntdstt Sowim Drp:eansN. The dppkatiott shill include the lbllosvics inform tum, YUu CmTff cowry - f•rzr a,Miarlal rmi LOU oewkf mww erodr http://www. clerk.collier. fl.us/weblink7/lmageDisplay.aspx?cache=yes&sessionkey=V,LIm... 2/27/2007 19 rage i of i �.7.s.0 . lapoeca�tldtKatiap of d*lMWtnjOommiwion'a report, drrdtnp sad rooOMMendadoss, and upon Caaoidsradon of the starAM* end jnidilin e O for forth in Sft. 1.7.9,6, lire 14� of 2021RIF Appals ebrdl approver by resaludoa, or derv!' itpet x,4AU C6"ditione and &DWiggjil, In gmojiq a4y 4Wirace, iho Board of Zo�kg Appeals may prseI46 Wproprisu ooadltio sad. stfeguuds In r aahbrte ly withibls Zoning Undo, irrrlailkS, butaat limited to, raeooabla tiros llrrriia within WWdh aetlos for +elhich Yulanae Is raquirod droll be 1=V§ ar Gwapldted, or bolb. Ylaletioa of msh absditione and slbjatrnk, *bat trade a pert of the terms miler vrlhlah 64 arrimoa is Ewald, shall bs descried a violatlos of title ?AOL* Cbd■. 2.7.5.14 TAmjp.tImna mu jkMW jq geggt VerlsomUadet pa alreue+sUm" 9110 ihs Board of Zoohng ripped& PlAt a varlwas to perroit a tea sat permined under do Inane of Ihiii Zoniby CW* is the smiq dimiat latched, or any we "pnsdr oe by impl;"tiae prohibited, by did boons of Ibera rvip4■ilwo ie formid r mft dhtdot. 5 " �C22TWI DR r}IANCY C—OMP�LTANCK PAOCBSS B[M .tin`0 MIT AYM rL.� �%� 1, The DevolopmovISOMM Diredarc shall be taapoaslbls IbL. ditueroininb wbW her eppliegdnes ihr building poudI& as required by Ibe miller CMiy BuMing' Code, an in word frith Gan ragrtlxsi MIs of thl, Xmjq Cob red tba isnd DevalopmAt coda. end so bul (ding parmlt .ball be Issued wikroat Wrihoo approval that plsao Rkeittd conform W OmWbIO scoring rsVlatiaaa, gad other lard dm1opemm reguladom, No bni]dlnl w atruotum shill be mooted, MWW, sddrd toy ar rdrrred'rilhout a pa+ail, Mt rrquir■d by der CoIC'tat COMIjl Buiidiab lade end me buildlag permit application shall be approved by the Dsrolopmeat Servltam Dirml r for She ereodan. movirho; addiiiorh io, W tltetatioe of V^y b rildiq at etwoluLl egttapt it% 009Lfot ItY with toe provialom or this %nins Mode and the Land Darelopment Cods Was he shall reoelvs a written ordw fmm the bard Of Zoning Appeals in dw foam of err sdminid ativa rrrimv of Qu islarprHalioa or vvdx a as provided by thla We or unless he sbaii raaalvi; a weittae order rrorn a Court or tribunal or competsol Juridiotios., jti A gplimtlan Oar Brilldlna Permit. A11 spplioWona Ibr building permits shall, In addidoe to camtslalag tits b� tormslion ngvirtdtry Ibrf 9uildirtg Gilfie'rd, br aaeoenp.aied by pl*taw aartetmetion plans drown Io salt'; Om wiatil on sciml slaps red dlxmimdom of o fat Iq bull, rtpea; rbe slim and locations on dw jai of Q141aits sfteedy moiler!, if say', the rise ad 1woliat on tit It of U buildisd at bulldlui to be crowed or stisrdi diva eaipicS use of each building or buildings or parr, lhecoofi ohs numbefaf feaulles the brdldW Is doelened to atxommadeta, the IwAtratt sod nuffidw of required aMstreet psjWmg sad affgstrast Iwdtolr spaces; spproxin is location of time proieated by . ,Bounty reprintfoat; MMW such aline drtformiloa wlih sajrrd in Ira lot end artletitlbfprapaald etr�Cturq ea troy be necessary to doleta&o Compliance wtth Mod pmvlde for tits onl6max=1 or the Lod DoNstopmeat OWO, IA the cgas of application for a building pamsil on property adjaeast to The Out f of Mealoo, a ntrvay, eefllfwd by a And ni"ar at tn$Wwr l;oAmd is Ohs lalaaf Plarlda, Pod not older am thirty (go) days ehsll be submdtted. If 4wro is a storm want or active eroslon oa ■ dpeolibo perW of lend for vrhM a building permit is requested, which do Devoloymod Services Dlneclor determines msy affig the deedty or the peap&M, a mare .eeeoet survey -roar bay tsriuirwt, Whom ov,untdp or propery lion ttr Iry doubt, the DwAopmwd astv� Dimmf tray require Ike subnrimioo ar a survey, oortiAed by a land artveyw or 04iom llcmwd In the Slate of Florida. Proporwy Mks sill! be In plane at the oorrtrnesaeahaett of coustruotloa. CWrr CrrWt W1t,�, rktiiodrr ltX rl'R! bmdDewkperrer Cade � 040- tf http://www.clerk.collier.fl.us/weblink7/ImageDisplay.aspx?cache=yes&sessionkey=WLIm... 2/27/2007 2 D rage i or i 3, euildiaa permlll of amrtifiam a of acnupm y INOW on To buls of plmm end apaoifleallms approved by the Dwslopm nl SoMew >Sieret a wthorias oaly Ills use, affsaHement, Nk vami mtaliam rat forth In such apprvA4 pins ad intlowlamr, ad m atber we, m"filmmmrml, ar wmrhv Od. Uss, srramsemmat, or a mmIr•mikm difiereal ftm 69 semhadxed AmU be demtmd s vlolmlonof We Land E?.wiopraeat Cads. IL SluWuftd12Mal&br*AWlkmtcmdotmidiospwaita►ppUcattoo,s&Uhddaemed ofkkW steknotrIm. Approval of Ilse Wpti stlas a7 tho. Develapmaat 9ervi** li mdw dmU, is no "y, as w#1 tha oppliant from atrtat obarv=o or amiksms. pan Wow of dds tmd J woWpamt Cody sad all other mppiJoible replstknw. mrd1am mm, codes, mad lava. h. A bulldims peradt lwwd id arw rbmlt Rol aemfbr roy d2bu ac pr{Yilq{re to the opplima to proceed to or amthm with OunAMtied, *ad tbs County r3r11 hava tom po+wst tot+ to rudh pond[ =III uid emor to oouemW. 4, No buildle= permit or awif ota of aaevpsmey dull be irmumd eaompt Is mocardmeoe xdtb dw loonier cbwftq•Aduqunts P1ab1Ja Fedlt#w Orlin Oed- No, 90-24 (Div. 3,15 of No C bk) ad RaTs 91.5.QM, F.A.C. H..�;�m,�wmmmne aT i�raasrtr-Fraliibited 1fmrLer_`bm L"' ��'S~ �r Hlldf�i'®3t�[o rite work, Qr dlaS lmprov a.at of > y'or eearttmaetloe of iqy qw mU lam oommeo6A prior to the iuuaaas of ■ b%Uic% pw mA where rho dwA400mram prapasmd smquim a balldimp permit under Chia imad Doydapammt CD& or odor rpplleable Coaaly mpWlow, SEC. L7.7 A"OR ARLE NQUSING D ENM-Y—HCNUS 2.7.7.1 General PmIldlem 2.7.?.1.1 Title and Cltatlsn. 3hfm See. 2.7.7 dull be kmwvm red mar be cited a the 'Collier County ktfcrdoble EcusEos Deaslty Bo= Hesulsdoes.' 2.7,7,1. �. The $gird of Gb�alp CQnmesbeb4a�m of 17oll r �� tier {lee eamharillr ba odvpt litiie Calm pttrwutt is Art. VIR, Sao. 1(0. flL Cocd., Sao. WA . Flo. Stet., Sao. 163.3161 g Im.. Fla. $MI., Aida W-5, F.A.C.. titw COW C mtp Gyw&% Manwrwt l MR; the Sliprmlrted SitOemost Ajtoemmm is DGAH Cale 166 W-IM Otat, mad cub of ths, authorldw, 6edlasm, aooctudoar mod pr0vfei0ul std forth or "maid fA Ilds•SmctEam. AsallashIllty. Tills Sudan 11m6 pplp Io all dwelopram l; is the letml amlaaorpomted eves. ofCallief comty. 2.7.7.1.4 b,• W srr^d tniat- Bee, 2,7,7 is jawddd to Emplemeot smd be aoorimts i, wills Ills Collier County Growth Lfmaoomeat rim. Bra 159.9161 Slt• Mg.. F46 list., RuleV-S, F.A.C., and tha StEpulmted Seulwwl Apo meret hi DOAH Caw No. WI.299 GM* by pwvid* for moderela, low rod vary low iaacmm hawlaj Ibrovo " are or density baomm wbiolt alloy on Increase is thm nemo K ar nwidwlial dwdlieruaiispor sons sttawrd on property prvpard tar dmvelopawat, tlamtebby decremkog Qm w Q-* >�tt orms6rr.aa peer L&W Orwtoerdr q h4://www.clerk.collier.fl.us/weblink7llmageDisplay.aspx?cache=yes&sessionkey=VVLlm... 2/27/2007 21 3310730 OR: 3461 PG: 2830 Prepared by Betty Smith, an employee of First American Title Insurance Company 5000 Tamlaml Trail North Naples, Florida 34103 (239)434-0660 Return to: Grantee File No.: 1084-344275-0065 Made this;nrZ'Q eA a..' , of 3ames Creber and Angela D. Crep whose address is: Hawk Lane hereinafter called the "grantor" Wayne A. Creber and Ron c whose post office address is: hereinafter called the "grantee'l (Which terms "Grantor" and "Grantee" sha representatives, successors and assigns of HBCOHID in 011ICIi1L HCOYDS of COLLI11 CODNTY, FL 12/11/2003 at 01:44PN DNIGNT B. BROCL, CLNHL CONS 10000.00 Be Fill 15.00 DOC-.10 260.00 $eta: FIltiii AURICAN TITLE CO PIa DP WARRANTY DEED singular or plural, Witnesseth, that the grantor, for ant ' ' valuable considerations, receipt whereof is remises, releases, conveys and confirms unto the Florida, to -wit: C �4 and either sex, and shall include heirs, legal :h of Ten Dollars, ($10.00) and other ged, hereby grants, bargains, sells, aliens, all that certain land situate in Collier County, Description OF Lot 81, UNRECORDED PLAT OF PLANTATION ISLAND Unit 3 Commencing at the Northwest corner of Section 24, Township 53 South, Range 29 East, Collier County, Florida; thence along the North line of said Section 24, South 87 degrees 32' 20" East 467.89 feet; thence South 2 degrees 27' 40" West 150 feet to the North right-of- way of a 60 foot road; thence South 87 degrees 32' 30" East 1130.00 feet; thence South 2 degrees 27' 40" West 130.00 feet for a PLACE OF BEGINNING: Thence South 2 degrees 27' 40" West 60.00 feet; Thence North 87 degrees 32' 20" West 100.00 feet; Thence North 2 degrees 27' 40" East 60.00 feet; Thence South 87 degrees 32' 20" East 100.00 feet to the Place of Beginning. "Descripan of"dot>84Uirecoiile P11at of Pintaiaoiit Island'° Unit .' Page 1 of 3 1084 - 344275 Zi OR: 3461 PG: 2831 Commencing at the Northwest comer of Section 24, Township 53 South, Range 29 East, Collier County, Florida; thence along the North line of said Section 24, South 87 degrees 32' 20" East 467.89 feet; thence South 2 degrees 27' 40" West 150 feet to the North right-of- way of a 60 foot road; thence South 87 degrees 32' 20" East 1190.00 feet; thence South 2 degrees 27' 40" West 100.00 feet for a PLACE OF BEGINNING: Thence South 87 degrees 32' 20" East 100.00 feet; Thence South 2 degrees 27' 40" West 60.00 feet; Thence North 87 degrees 32' 20" West 100.00 feet; Thence North 2 degrees 27' 40" East 60.00 feet to the Place of Beginning. Parcel Identification Number: 01214920904 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee sim And the grantor hereby covenants simple; that the grantor has good hereby fully warrants the' to persons whomsoever; and that December 31st of 2002. In Witness Whereof, Cre Q� Signed, sealed and delivered in the Witness Signature Print Name: G T . --r fig% n,-> ' Me r or is lawfully seized of said land in fee lawfLee thority t d convey said land; that the grantor �d wfend the sa e a inst the lawful claims of all ae�-epr�ibranc ex ept taxes accruing subsequent to )d Jal(s) the day and year first AL Creber Witness Signatlide Print Name: !) A P Page 2 of 3 1084 - 344275 *** OR: 3461 PG: 2832 *** ^, state of (( 5- JO n County of The Foregoing Instrument was Acknowledged before me on ) Z 1 0 vim, by ,lames Creber and Angela D. C ; husband and wife who is/are personally known to me or who has/have produced as identification. T Y PU8 'Tdh h- 12co ,[ c., If s Notary Print Name My Commission Expires: /Rco G My COMMISSION f DD 15�a EXPIRES:�� Page 3 of 3 1084 - 344275 2- COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2004040316 Board of County Commissioners, Collier County, Florida vs. Wayne and Ronald Creber Violation of Ordinance 91-102 The Collier County Land Development Code as amended section(s) 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 04-41 The Collier County Land Development Code as amended as sections 3.05.01 Vegetation Removal, Protection, and Preservation, 4.02.14 (C and D) Design Standards for Development in the ST and ACSC —ST Districts (site alteration and Plantation Mobile Home Sites), and 2.03.07 (D) Special Treatment Overlay "ST" Susan O'Farrell, Code Enforcement Official Department Case No. 2004040316 DESCRIPTION OF VIOLATION: Unimproved property has been mechanically cleared without a permit in Special Treatment Area with Wetlands impacted 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. Apply for a building permit and pay After -the —Fact penalties within 30 days of this hearing or a $100.00 daily fine will be imposed as long as violation persists; or Respondent must prepare and submit a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached) within 30 days of this hearing or a daily fine of $100.00 will be imposed for as long as violation persists. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the survivability by species of the plants used in the mitigation effort. A minimum of two reports will be submitted. Reports will be due at one year intervals. 2. Installation of County approved mitigation plan must be completed within 30 days of this hearing or a daily fine of $100.00 will be imposed as long as violation persists. 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. 2004040316 Wayne and Ronald Creber Respondent(s), -- -- - — - STIPULATION/AGREEMENT COMES NOW, the undersigned, Wayne Creber, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2004040316 dated the 13th day of April , 2004. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 24, 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 Ordinance 91-102 The Collier County Land Development Code as amended section(s) 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 04-41 The Collier County Land Development Code as amended as sections 3.05.01 Vegetation - Removal, Protection, and Preservation, 4.02.14 (C and D) Design Standards for Development in the ST and ACSC —ST Districts (site alteration and Plantation Mobile Home Sites), and 2.03.07 (D) Special Treatment Overlay "ST" and are described as: A large pile of fill has been placed on unimproved property without permits with wetlands impacted. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $1147.99 incurred in the prosecution of this case. 2) Abate all violations by: Remove all fill from the property to restore it to previous grade without damaging any remaining vegetation within 30 days of this hearing or a daily penalty of $100.00 will be imposed for as long as the violation persists. 3) Respondent must notify Code Enforcement that the violation has Investigator to come ut and perform a site inspection. ZOOTR e ondent Michell Code n� ate Date been abated and request the d, Director rent Department REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. WAYNE CREBER AND RONALD CREBER, Respondents CEB NO. 2004040316 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Wayne Creber and Ronald Creber are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing, in person 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 89 Hawk Plantation Island, Florida, Folio 01214920959, more particularly described as (See legal description) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 04-41 as section 3.05.01, 4.02.14 (C and D) and 2.03.07(D) in the following particulars: A large pile of fill has been placed on unimproved property without permits with wetland impacted. 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 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 04-41 as section 3.05.01, 4.02.14 (C and D) and 2.03.07(D) be corrected in the following manner: 1. By removing all fill from the property and restoring it to the previous grade without damaging any remaining vegetation within 30 days (May 24, 2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 24, 2008, then there will be a fine of $100 per day for each day until such time as the violation exists. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $1,147.99 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1_:L day ofei , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: AW 4ofl Richard Pkenbring , Vice -Chair 2800 No'fff Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) --)A— The foregoing instrument was acknowledged before me this � day of C 20!,8,,by Richard Kraenbring, 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: MJ ••,, KRISTINEHOLMN NOTARY PUBLIC MY COMMISSION Y DO 686595 My commission expires: 7, , • EXPIRES: PuW UndeJune t Bw4W ThNrwrKers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been se t by U. S. Mail to Wayne A. Creber and Ronald A. Creber, P. O. Box 5041, Everglades City, FL 34139 this day of�_, 2008. sw% 01 F �ounty of C®LUtR I HEREBY CERTl�,' THAT this 33 a true grid ;Gf'£, t C�CV Cst ...: u;-Icint Can ftie to BoardM!i'it', _.' 1 '.( t =)i t�r>i ?r C011Pitjt td `r`iS nor ., ,! 'i ( tCJ yCiji Of y J di+a!-lE. OF CGUI ZTC W:. �M..Tea awson, Esq. Florida Bar No. 750311 AI bi iSey 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. 2004040316 Wayne and Ronald Creber Respondent(s), - -- STIPULATION/AGREEMENT COMES NOW, the undersigned, Wayne Creber, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2004040316 dated the 13t�' day of April , 2004. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 24, 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 Ordinance 91-102 The Collier County Land Development Code as amended section(s) 3.9.3 and 2.2.24 and 2.7.6.5 renumbered in Ordinance 04-41 The Collier County Land Development Code as amended as sections 3.05.01 Vegetation Removal, Protection, and Preservation, 4.02.14 (C and D) Design Standards for Development in the ST and ACSC —ST Districts (site alteration and Plantation Mobile Home Sites), and 2.03.07 (D) Special Treatment Overlay "ST" and are described as: A large pile of fill has been placed on unimproved property without permits with wetlands impacted. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $1147.99 incurred in the prosecution of this case. 2) Abate all violations by: Remove all fill from the property to restore it to previous grade without damaging any remaining vegetation within 30 days of this hearing or a daily penalty of $100.00 will be imposed for as long as the violation persists. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to comMut and perform a site inspection. /j e ondent Michel mold, Director Code f rcement Department ate Date REV 2/23/07 3310730 OR: 3461 PG: 2830 RBCOIDBD in 0111CIAL 11C01Ds of causi COgti, n 12/11/2003 it 01:44PI DgIGIT B. BROCL, CL11I colts 40000.00 1EC 111 15.00 DOC-.10 280.01 1etn: lIm ANIRICH Irm CO PICI UP Prepared by Betty Smith, an employee of First American Title Insurance Company 5000 Tamlami Trail North Naples, Florida 34103 (239)434-0660 Return to: Grantee File No.: 1084-344275-0065 WARRANTY DEED Made this 5da.! k , of 3ames Creber and Angela D. Cret whose address is: Hawk Lane, Alap FL hereinafter called the "grantor" to Wayne A. Creber and Ron d whose post office address is: , hereinafter called the "grantee'" (Which terms "Grantor" and "Grantee" sha singular or plural, representatives, successors and assigns of Witnesseth, that the grantor, for an valuable considerations, receipt whereof is remises, releases, conveys and confirms unto the Florida, to -wit: C I� and either sex, and shall indude heirs, legal g�:h&§" of Ten Dollars, ($10.00) and other ed, hereby grants, bargains, sells, aliens, all that certain land situate in Collier County, Description OF Lot 81, UNRECORDED PLAT OF PLANTATION ISLAND Unit 3 Commencing at the Northwest corner of Section 24, Township 53 South, Range 29 East„ Collier County, Florida; thence along the North line of said Section 24, South 87 degrees 32' 20" East 467.89 feet; thence South 2 degrees 27' 40" West 150 feet to the North right-of- way of a 60 foot road; thence South 87 degrees 32` 30" East 1130.00 feet:; thence South 2 degrees 27' 40" West 130.00 feet for a PLACE OF BEGINNING: Thence South 2 degrees 27` 40" West 60.00 feet; Thence North 87 degrees 32' 20" West 100.00 feet; Thence North 2 degrees 27' 40" East 60.00 feet; Thence South 87 degrees 32' 20" East 100.00 feet to the Place of Beginning. bescriptiort of Lot, 89 "Unrecorded Plat of Plantation Island Unit 3 Page 1 of 3 1084 - 344275 OR: 3461 PG: 2831 Commencing at the Northwest corner of Section 24, Township 53 South, Range 29 East, Collier County, Florida; thence along the North line of said Section 24, South 87 degrees 32' 20" East 467.89 feet; thence South 2 degrees 27' 40" West 150 feet to the North right-of- way of a 60 foot road; thence South 87 degrees 32' 20" East 1190.00 feet; thence South 2 degrees 27' 40" West 100.00 feet for a PLACE OF BEGINNING: Thence South 87 degrees 32' 20" East 100.00 feet; Thence South 2 degrees 27' 40" West 60.00 feet; Thence North 87 degrees 32' 20" West 100.00 feet; Thence North 2 degrees 27' 40" East 60.00 feet to the Place of Beginning. Parcel Identification Number: 01214920904 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee sim And the grantor hereby covenants simple; that the grantor has good hereby fully warrants the title to persons whomsoever; and that ii December 31st of 2002. In Witness above. kvritte C Signed, sealed and delivered in the Witness Signature Print Name: Aran ee Q r or is lawfully seized of said land in fee lawful authority t d convey said land; that the grantor zd will defend the sa e a inst the lawful claims of all fee—abranc is ept taxes accruing subsequent to �dg al(s) the day and year first Creber Page 2 of 3 1084 - 344275 *** OR: 3461 PG: 2832 *** State of (( L J01) County of Cd 1 1 e iz_ The Foregoing Instrument was Acknowledged before me on 1 Z 1 vim_ by 3ames Creber and Angela D. C , husband and wife who is/are personally known to me or who has/have produced _ as identification. �/ X� T Y PUB 1-cmh- %cam 4iS Notary Print Name My Commission Expires: "W DE swrj MYCOMMMSION t OD ISM e�a�► dryPWC JF �t1E CIR� Page 3 of 3 1084 - 344275 9A COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Heriberto and Antonio Perez., Respondent(s) CEB NO. CESD20080000222 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 Deed 9-10 n CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080000222 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PEREZ, HERIBERTO ANTONIO PEREZ, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION: 5384 Carolina AVE Naples, FL SERVED: PEREZ, HERIBERTO ANTONIO PEREZ, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the, alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 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 CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2440 Telephone (239) 252-2343 Facsimile 10-\ 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 Heriberto Perez and Antonio Perez, Respondent(s) DEPT CASE NO. CESD20080000222 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) Collier County Land Development Code 200441 as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i); Florida Building Code 2004 edition, Section 105.1 2. Description of Violation: Unpermitted improvements made to the rear of structure located on this R1VF-6 zoned property. 3. Location/address where violation exists: 5384 Carolina Ave, Naples FL 34113 4. Names and address of owners/persons in charge of violation location: Heriberto Perez and Antonio Perez, PO Box 684, Marco Island FL 34146 5. Date violation first observed: January IOth, 2008 6. Date owner/person in charge given Notice of Violation: January 24s, 2008 7. Date on/by which violation to be corrected: February 11'h, 2008 8. Date of re -inspection: March 4's, 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 26th day of March, 2008ove q"al�q Joe CodTicha forcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sw to r e) and scribe before is 26's day of March 2008 by Joe Mucha. ignature of Notary Public) (Print/Type/Stamp Commissioned Personally known or produced identification Type of identification produce Name of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA •°" Linda C. Wolfe j Commission #DD739150 '�:',.•' Expires: DEC. 07, 2011 BONDED THRU ATLANTIC BONDING CO., INC. REV 3-3-05 z. Case Number: CESD20080000222 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION :)wners: Henberto Perez and Antonio Perez Date: Jan/19/2008=— - vestfig-afd Job-MUtia.- - Phone: 239252 2452 %Railing: PO Box 684, Marco Island, FL 34146 ?fig Dist: RMF-6 Sec 29 ' Twp 50 Rng 26 Legal: Subdivision Naples Manor Block 4 Lot 11 L :ion: 5384 Carolina AVE Naples, FL Folio 62201240005 OR Book 3956 Page 3715 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No. 07-44, 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. Florida Building Code 2004 Edition Ord No. 04-41 Collier County LDC Section 105.1 Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) 105.1 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. 10.02.06(B)(1)(a)The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: 10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 6 days after the issuance of after the fact permit(s).: � `'CRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted improvements made to the rear of structure. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: February 11th, 2008 Violation Status - Initial 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 Investigator Signature DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Joe Mucha 2800 No. Horseshoe Dr. Naples, FL 34104 (239)252-2452 Fax: (239) 403-2343 Signature and Title of Recipient Printed Name of Recipient Dated: January 10, 2008 A 0 W j m 2 Q N 0 A N a ORDINANCE NO. 04-41 AN %RDiNANCE 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. 6.02.00ADEQUATE 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 NONCON FORM ITI ES, 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 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 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). LORIDA tyJI LAIN 0 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. 7 SECTION 105 PERMITS 105.1 106.1 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. 106.1.1 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: Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes. iccsafe. org/icee/gateway.dll/Florida%20CustomBuild20O4_FL/3/8?f=templa... 3 /26/200 8 8. RETURN TO: TOWN & COUNTRY TITLE, INC. 1575 PINE RIDGE ROAD, SUITE 11 NAPLES, FLORIDA 34109 05-7545F PEREZ Property Folio No.62201240005 PREPARED BY: B.J. REEVES, ESQ. Terra Doc Prep, Inc. 6565 Taft Street # 101 Hollywood, FL 33024 3758975 OR: 3956 PG: 3715 RECORDED iD OFFICIAL RECORDS of COLLIER COUNTY, FL 12/29/2005 at 01:07PK DWIGHT E. BROCK, CLERK CONS 218000.00 RBC FEE 18,50 DOC-,70 1736.00 RetD: TOWN & COUNTRY PICK UP WAMUNTY DEED (Statutory Form —Section 689.02 F.S.) This Indenture, made this 13th b t 5, between JORGE ESPINOZA and YOLANDA ESPINOZA, HUSB WIFE w office address is PO BOX 11313, NAPLES, FL, 34101, hereinafte c ' d the Grantor*, and BERTO PEREZ, A SINGLE MAN, and ANTONIO PEREZ, A , st o-c e \ddress is PO BOX 684, MARCO ISLAND, FL 34146, herein r . all the rrrfit * WITNESSETH: That sai , fo id io the sum of TEN AND NO/100 ($10.00) Dollars, and other and valuable cons rat o t ~ id grantor in hand paid by said grantee, the receipt whereof is acknowledged, argained and sold to the grantee, and grantee's heirs and assigns the following d land, situate, lying and being in COLLIER County, Florida, to wit: rt; CIG LOT 11, BLOCK 4, AMENDED PLAT NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 101, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The land is not the homestead of the Grantees under the laws and constitution of the State of Florida and neither the Grantees nor any person for whose support the Grantees are responsible reside on or adjacent to the land. Subject to restrictions, reservations, easements and limitations of record, if any, provided that this *** OR: 3956 PG: 3716 *** shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend that same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed / l in our presence. Signature of Witness JORGE ESPINOZA Print�:yRe name of W#ess CY of Print(Type name of Witness STATE OF FL COUNTY OF COLLIER d� �.S��h0ZC1. DA ESPINOZA The foregoing instrument was acknowledged before me this 13th day of December, 2005, by JORGEINOZA and YOLANA ESPINOZA, HUSBAND AND WIFE Elwho is(are) pers ly o" or who has(have) produced valid drivers licenses or / ,, as identification. Noiary Public 11sa k Bauer :Comndssion # DD467253 dam`= Expires: AUG. 30, 20N "''naa;•`'WWW.AARONNoTARY-mm (SEAL) 'O :I� *11" wim, " ,. °`"i°.a . "°° �.., #wk; +"fir•. ;a � � , �s I i� Print Map Page I of 2 MAP LEGEND Street Hamas pafws Subdivisions Aerials 200416 inch Urban) Aerials 2003 11 meter] I—i Building footprints El Collier County © 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://maps.collierappraiser.comlwebmaplmapprint.aspx?title=&orient=PORTRAIT&pape... 4/21 /2008 Print Map Page 1 of 2 © 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient=PORTRAIT&pape... 4/21 /2008 Sketch for Folio 62201240005 Page 1 of 1 N. EasySketch 11 ■ Flo: 622D1Z40009.xm1 Area Summery: Cabe Lb2craptior. Area Ad!. Arta i + 1 ve3e LiVihll Arra 1064 1064 or 10 ,pzA parch 104 Iva La 7?Sd ].v83 comments: http://www.collierappraiser.com/viewer/image.asp?Percent=&Page=13 555252 4/21/2008 C2 �V+ P. i IL3/2D J � m F COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 20080000222 Board of County Commissioners, Collier County, Florida vs. Heriberto Perez and Antonio Perez Violation of Ordinance(s) Collier County Land Development Code 2004-41 as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), Florida Building Code 2004 Edition, Section 105.1 Joe Mucha, Code Enforcement Official Department Case No. 20080000222 DESCRIPTION OF VIOLATION: On 1-10-08, I observed unpermitted improvements made to the rear of the structure located on this RMF-6 zoned 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 hearing and abate all violations by: 1. The respondent must engage the services of a general contractor licensed in Collier County to obtain required permits, related inspections, and certificate of completions for all non -permitted improvements within 120 days of this hearing or a fine of $200 a day will be imposed until all permits receive certificates of completion. 2. Alternately, the respondent must engage the services of a general contractor licensed in Collier County to obtain demolition permit for removal of all non - permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 120 days of this hearing or a fine of $200 a day until demolition permit receives certificate of completion. 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, VS. HERIBERTO AND ANTONIO PEREZ, Respondents CESD20080000222 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Heriberto and Antonio Perez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing, That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5384 Carolina Avenue, Naples, Florida, Folio 62201240005, more particularly described as Lot 11, Block 4, Amended Plat Naples Manor Extension, according to the Plat thereof as recorded in Plat Book 3, Page 101, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, section 105.1 in the following particulars: Unpermitted improvements made to the rear of structure located on this RMF-6 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 i o.02.06(13)(1)(a) 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. Within 24 hours of the receipt of this Order, by ceasing and desisting use of the unpermitted additions rind by turning off the electrical breakers to the additions. 2. By engaging the services of a general contractor licensed in Collier County to obtain all required permits, related inspections, and certificate of completions for all non -permitted improvements within 120 days (,Nugust 22, 2008). 3. In the alternative, by engaging the services of a general contractor licensed in Collier County to obtain a demolition permit for removal of all non -permitted improvements and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 120 days (August 22, 2008). 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 22, 2008, then there will be a fine of $200 per day for each day until such time as all permits receive certificates of completion. 5. That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board by August 22, 2008, there will be a fine of $200 per day for each day until demolition permit receives certificate of completion. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $363.18 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 2k� day of2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CO, Y, FLORIDA BY: Richard en ring , Vice -Chair 2800 No rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this LY day of 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier C unty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE FIOI TON lQC MY COMMISSION # DD 686595 EXPIRES: June 18, 201 t NOTARY PUBLIC _?•.. `= My commission expires: Rei Bonded Thru Notary PubNc Undorwrit>,a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has beeRsent by U. S. Mail to �I leriberto and Antonio Perez, P. O. Box 684, Marco Island, Florida 34146 this ay of�, ;ounty of COLLIED� ; . � M. Je awson, Esq. HER EBY CERT17 r' 7, AT this Is a tme OnO Flori Bar No. 750311 �rraCt c'- C' �' F :;i`c Cn ii:3 ;rt Attorney for the Code Enforcement Board f 400 Fifth Avenue S., Ste. 300 Ur;j !iitttt ?g �d Rx-+FJ�;�t t` :1T+ COU1'�r Naples, Florida 34102 rEss my �jzv "za t :>i"I Stt (239) 263-8206 3WIOHT E. BRJGK CLERK OF COI:IRT>t COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Melkys Borrego, Respondent(s) CASE No. 2007080008 ITEM PAGE(S) Notice of Hearing l Statement of Violation and Request for Hearing 2 11-N Notice of Violation 3-5 Copy of Applicable Ordinance 6-13 Deed 14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080008 COLLIER COUNTY, FLORIDA, Plaintiff, VS. BORREGO. MELKYS, 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: 04/24/2008 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: 2414 58th AVE NE Naples, FL SERVED: BORREGO, MELKYS, Respondent Cristina Perez, 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 fiftteen 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 CODEENFORCEMENT 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 N. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO.2007080008 VS. Melkys Borrego, 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): Collier County Ordiance 0441 Land Development Code as Amended Section 10.02.06(Bxl)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(lxe)(i). Collier County Code of Laws and Ordinance Section 22, Article II, sub -section 104.1.3.5 and 106.1.2. Florida Building Code 2004 Edition sections 105.1 and 111.1. 2. Description of Violation: Garage Enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room, and bedrooms. 3. Location/address where violation exists: 2414 58`s Ave NE Naples, FL 34120 4. Name and address of owner/person in charge of violation location: Melkys Borrego, 19906 NW 67"' Ct., Hialeah, FL 33015 5. Date violation first observed: August 10, 2007 6. Date owner/person in charge given Notice of Violation: September 4, 2007 7. Date on/by which violation to be corrected: October 4, 2007 8. Date of re -inspection: March 4, 2008 9. Results of Re -inspection: Violation remains and no permits have been obtained 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 4`s day of March, 2008 V//_2L, Cristina Perez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this�day of*2008 by i c �ggn�ae NotaryPublic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificatio produced NOTARY PUBLIC,,TATE OF FLORIDA K. A. Van Sickle s : Commission 4`DD618488 REV 3-3-05 *ma's••` ires: NOV. 29, 2010 BONM ate• THRU ATLAN IC IIiG CO, INC' Case Number 2007080008 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent MELKYS BORREGO Date: 9/4/07 Investigator: _ CRISTINA PEREZ Phone: 239-530-6865 101-\ iviailing : 19906 NW 67"R CT Zoning Dist ESTATES Sec Legal: Subdivision 735 GGE Unit 42 HIALEAH FL 33015 Location: 2414 58 lkl AVE NE Folio Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article H of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist ... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ®10.02.06(11)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article 11 ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. [9104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. >ection 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. 39940940007 Violation (continued): 31 Twp 47 Rag 28 Block 17 Lot 0 OR Book q.048 Page 4004 Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building pennit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities ®111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Observed a Single FamiTwo Story home with a 2 car garage (permit # 2005082206) has been illegally subdivided into two individual living units, Must obtain, if obtainable, the required Collier County Building Permits, inspections and Certificate of Occupancy, for all improvements made to the structure OR remove same by obtaining a Collier County Demolition Permit, inspections and CO and removing along with all related debris. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structurelsystems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: OCTOBER 4, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date 9/4/07 Investigator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 r 2 AFFIDAVIT OF POSTING i—. Respondent(s): MELKYS BORREGO 19906 NW 67T" CT HIALEAH, FL 33015 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, CRISTINA PEREZ (Code Enforcement Official) Code Case 2007080008 CEB # , do hereby swear and affirm that I have personally posted the above described document(s) for the above respondents at 2414 58TH AVE NE— NAPLES, FL 34120 (Address) on SEPTEMBER 4, 2007 2:52 ®rM ,and at the Naples Courthouse. (Date) (Time) Signature Cristina Perez Code Enforcement Investieator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to a ed) and subscribed befor me this day of 200Z, by Cssf7,c,y¢ -L— (Name of pqo , . ' o at Personally Known Produced Identifi&tion Type of Identification Produced (Print, type orXtamp Commissioned name of Notary Public), Comm DDOd27W Ex_pkes 1/7=11 eeeec=_=_ ! FWAsNoferyAwk.In Affidavit of Posting (Immokalee) Original to File Copy of Posted Notice and Pictures Attached Rev 6/03 AFFIDAVIT OF MAILING Res ondent • MELKYS BORREGo s P ()• 19906 NW 67TH CT HIALEAH, FL 33015-241E Case Nbr - 2007080008 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other. Code Case CEB # herebyswear and affirm a that z true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U-S. Mail to the above respondent(s) at ,", (Address) On this 4-k —day of 20 Signature Title STATE OF FLORIDA COUNTY OF COLLIER Sworn tp (or affirm d) and subscribed before me this a f of j__'_--200, by :...............................:........... (Name of p o to grit GARY P. DANnNI � t Corn# DD0627084 (Signature otary Public) _ Exp' �s 1R/2011 -- Lucs.n. u..a.acm.aay.acccacc: -c- (Print, type or stamp Commissioned name of Notary Public) Personally Known e?5:_ Produced Identification. ,---Type of Identification Produced Affidavit of Mailing Original to File; :__ .� i—N, ORDINANCE NO.04- 41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY CH INCLUDES THE L)COMPREHENSIVE EREGULATIONVELOPMENTS FOR�THEIUNINCORPORATED 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 ANDr- - INTENT, SEC.1.06.00 RULES OF INTERPRETATION, SEC.1.07.00=::_: LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINMONS; f, CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING =" c DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN 2 y ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. vm 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; CHAPTERS 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 HISTORICIARCHAEOLOGICAL 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. Page 1 of 6 9 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10,02.06 A.2. 10 02 06 B.1. i-� 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 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 13.1. 10 02 06 B 1 required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit .issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and 10,111-1 the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. *e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 0 ARTICLE H. FLORIDA BUILDING CODE* Page 3 of 11 or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. Section 103.9, entitled "Stop work orders" is a new section which will read as follows: 103.9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday, Sunday or holidays). It shall beunlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits, " is a new section (with numbered sections 103.10.1. and 103.10.2) which will read as follows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical, plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 103.11, entitled "Safety," is a new section (with numbered subsections 103.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shalt be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued _ prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile -•- - I . .r 11llr'n1110A101-01-:7.a_-1AA i '� C. 1A/7<11)AA17 .1I AK11ULL 11. t'LUKIDA t5U1LLAIN 7 UU1Jt;" rabc-tU1 it driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. Section 104.2.1.2, entitled "Additional Requirements," is a new section which will read as follows: 104.2.1.2 Additional Requirements: 1. Drawings to scale, minimum scale is 1/8". 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. 3. The first sheet of the Architectural Plans shall provide an information block with the following details: (a) Occupancy classification(s). If the building contains more than one (1) ^ occupancy classification and/or tenant use areas, list each separately with the individual square footages. (b) Establish the required live load for the intended use of each floor and/or mezzanine area. (c) Building area (sq. ft.) for each floor and mezzanine area. (d) Grade elevation of first floor + N.G.V.D. (e) Applicable Flood zone. (f) Elevation of first habitable floor + N.G.V.D. (g) Height of building in feet above grade. (h) Building height in stories. (i) Type of construction. 0) Designed for applicable wind load. (k) Parking summary for occupancy classification(s) consistent with the calculation and supporting documentation from the approved final site development plan. 4. The permit documents (drawings) shall be no larger than 24" X 36." 5. The Building Official may require details, computations, stress diagrams, panel schedules, and other data necessary to describe the construction or installation and the basis of calculations. 6. Pre -manufactured Building Components. (a) ' Building components designed by specialty engineers (i.e. roof trusses, floor http://Iibraryl.municode.com/newords/DoeView/10578/l/84/86?hilite=104 13 5; 10/16/2007 �n ARTICLE II. FLORIDA BUILDING CODE* Page 11 of 11 _. 105.6.2. The permit holder shall provide, have on site, and have present- at the time of n inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or herinspection, then the permit holder shall be subject to a re -inspection fee. Section 106.1.2 entitled "Issuing Certificate of Occupancy, " is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of auilding or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy," has .been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy, " is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, the Official Zoning Map Atlas with the wind speed lines overlayed in one mile -per -hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. Secs. 22-28-22-80. Reserved. .. ,n-, ., - --- -3------ t- ------rr-%-._Z7:..__./IAC7Q/1IQA1940l,414—znn 1 1 c- 10/1rl')007 // JtJI i Bin IV-) rl;lUvll 10 r ^ SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing,. minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. ^ 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be'done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: ^ 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icee/gateway.dll/Florida%20CustomlBuild2004 FL/3/8?f=templ... 10/16/2007 12 SECTION I I I SERVICE UTILITIES rage ioii SECTION 111 SERVICE UTILITIES 111.1 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect. service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. hm,:Ilecedes.iccsafe.orQ[lcce/gateway.dlUFlorida%20C,.istom/Build2004 FL/3/14?f=tem... 10/22/2007 �� 0 Prepared by and Return to, Robin Rinekey Independent Title of Naples, Inc. 2640 Golden Gate Pkwy #111 Naples, FL 34105 File Number. 205346 *** 3859468 OR: 4058 PG: 4004 1(ICOIDID in 0"ICIAL neon of mum CO m, n 06/21/2006 at 10:27M MGM 1. BIM, GM =1 311102.00 ne 111 10.00 1ltD: DOC-.71 2649.50 IIDIPmiff TITU Of UPLI1 PIa DP (Space Above This Line For Recording Data) CORPORATE WARRANTY DEED This Indenture made June 9, 2006 A.D. between KAYE HOMES INC A FLORIDA CORPORATION whose post office address is: 5979 PINE RIDGE ROAD, NAPLES, FLORIDA 34119, a corporation existing under the laws of the State of FLORIDA, Grantor and MELKYS BORREGO, A SINGLE WOMAN whose post office address is: 19906 NW 67TH CT., MIAMI, FLORIDA 33015, Grantee, Wituesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($ 10.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT 17, GOLDEN GATE ESTATES, UNIT NO.42, ACCORDING TO THE PLAT T RECORDED IN PLAT BOOK 7 AT PAGE 27 OF THE PUBLIC RECORDS OF PLAT Subject to taxes for the current Parcel Identification Number• And the said Grantor does e lawful claims of all persons who De, In Witness Whereof, the sail authorized officer and caused its c 61 Signed and Sealed in Our Presen C Witness: restrictions title td said Kaye W Prime ame jU y C. r2� 6,-isoN r� Iy , Witness Priat�e ame/ssp(izO scA4f�( State of Florida County of Collier of record, if any. nd will defend the same aoninet tho iel executed in its name by its duly labove written. A Florida Corporation By STUART KAYE, PRESIDENT (Corporate Seal) The foregoing instrument was acjg 6KAYE ledged before me this 9th day of June, 2006, by MART KAYE, P E HOMES INC A FLORIDA CORPORATION, on behalf of the Corporatio y known to me. TARY PUB C Printed Name: My Commission Expires: �wr Laurie Defrancesco Commission PDD240978 Expires: Aug 13, 2007 •�iFnc',: Bonded Thru ,•... -Warrhe flondiae Co., Inc Florida Corporate Deed // . Co cc_ N T l Fx ft / 0 / T 6. /yF 1-K x s 60 R R E G-o G fi'- s1�7 n1o. c C 6 200 7 0 S o oc,6 -j�a,ge Z. a - eic; -I r 3 . mo,-"g mill �FMROMR `� loto,-- -�� r:��ra,xrar.'rxr t �� -�?, J�; 1517 w COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007- Board of County Commissioners, Collier County, Florida VS. Melkys Borrego Violation of Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(Bxl)(e)(i) of Collier County Ordiance 04-41 Land Development Code, as amended. Sub Section(s) 104.1.3.5 and 106.1.2 of Collier County Code of Laws and Ordinance Section 22, Article Il and section 105.1 and 111.1 of the Florida Building Code 2004 Edition. Cristina Perez, Code Enforcement Official Department Case No. 2007080008 DESCRIPTION OF VIOLATION: Garage Enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room and bedrooms. 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. Obtaining, if obtainable, a Collier County Building permit or Demolition Permit for the Garage enclosure and alterations, requesting all inspections and obtaining a Certificate of Occupancy for such permit obtained, within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator within 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, VS. MELKYS BORREGO, Respondent CEB NO. 2007080008 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Melkys Borrego is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2414 58`h Avenue N.E., Naples, FL, Folio 38840840007, more Particularly described as the West 105 feet of the West 180 feet of Tract 17, GOLDEN GATE ESTATES, Unit No. 42, according to the Plat thereof, as recorded in Plat Book 7 at Page 27 of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinance Section 22, Article 11, sub -section .104.1.3.5 and 106.1.2; and the Florida Building Code 2004 Edition, sections 105.1 and 1 1 1.1 in the following particulars: Garage enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room, and bedrooms. 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 1.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinance Section 22, Article 11, sub -section 104.1.3.5 and 106.1.2; and the Florida Building Code 2004 Edition, sections 105.1 and 1 1 1.1 be corrected in the following manner: 1. By obtaining, if obtainable, a Collier County Building Permit, or Demolition Permit, for the garage enclosure and alterations, requesting all inspections and obtaining a certificate of occupancy within 120 days (August 22, 2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 22, 2008, then there will be a fine of $200 per day for each day until such time as the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 $399.19 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day ofO J)AS, 2008 at Collier County, Florida. T_ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: IL/�/ Richard tenjbing, Vice -Chair 2800 Neshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of 2008, by Richard Kraenbring, 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 OI.TONN N DD 666595 nn� u20�t s NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Melkys Borrego, 19906 N.W. 671h Court, Hialeah, Florida 33015 this 7�t day of k , 2008. ;t)UnCjl of QQt�� M. Jean Rawson, Esq. '-" THAT th'fs IS B.ttUB Florida Bar No. 750311 1 HEREBY CERT1.-i Qn fiia in Attorney for the Code Enforcement Board ...,nv of a OO u,7 , 400 Fifth Avenue S., Ste. 300 COJnt1t Naples, Florida 34102 thIS (239) 263-8206 CLEF`A OF OUR" COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Adalberto and Martha Garcia., Respondent(s) CEB CASE NO. 2007100929 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 2 3 4-16 17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007100929 GARCIA, ADALBERTO & MARTHA G, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: HOUSING VIOLATION' LOCATION OF VIOLATION: 120 Jeepers DR Naples, FL SERVED: GARCIA, ADALBERTO=& MARTHA G, 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 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 CODEENFORCEMENT 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 n, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.2007100929 Garcia, Adalberto & Martha G, 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 of the Collier County Land Development Code section(s): 10.02.06.(Bxl)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) and Collier County Code of Laws and Ordinances Section 22, Article H section: 106.1.2 and Florida Building Code 2004 Edition section: 105.1. 2. Description of Violation: A single wide mobile home with (2) unpermitted additions being used as living space and an unpermitted storage shed in the rear yard. 3. Location/address where violation exists: 120 Jeepers Drive Naples, Florida 34112 4. Name and address of owner/person in charge of violation location: Adalberto & Martha Garcia 5. Date violation first observed: October 26, 2007 11—N, 6. Date owner/person in charge given Notice of Violation: November 01, 2007 7. Date on/by which violation to be corrected: November 29, 2007 8. Date of re -inspection: March 19, 2008 9. Results of Re -inspection: No corrective action taken STATE OF FLORIDA COUNTY OF COLLIER Based upon he 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 ing. Dated this 3rd day of April, 2008 -ti ohn antafemia nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affit med) and subscribed before this 3rd day of April , 2008 by AN� (Signature f Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X--or produced identification Type of identification produced NOTARY PTTT Tr.ST. j r C.p p IDA y Al ";.rarcia REV 3-3-05 �OII11rJSS10J #DD501305 .�:p •es: D y 21, 2009 BOLD fBt`�;«+h71Cbu:Q1NGC0.,BY(,` Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION ondent Garcia, Adalberto & Martha G Date: 10/31/07 Investigator: John Santafemia mailing: 2819 Barrett Ave Naples, Florida 34112 Location: 120 Jeepers Dr Unincorporated Collier County 2007100929 0-5 Phone: 239-403-2397 Zoning Dist VR See 14 Twp 50 Rug Legal: Subdivision 1005 Lake Side MH Est Block Lot Folio 53400440000 OR Book 3058 Page Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article 11 of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. n 10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article 11 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 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 property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. action 106.1.2 Certificate of Occupancy. A106.1.2 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. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit 25 11 1971 Section 105.7 Placement of Permit [1105.7 The building permit or copy shall be kept on the site of the work until the completion of the project ---- -- -- - Section 111.1 Service Utilities 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 regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: Single wide Mobile Home witb (2) unpermitted additions being used as living space and an unpermitted shed in the rear yard. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: November 29, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per day per violation, as long � violation remains, and costs of prosecution. _ _ 1�/, Date 11/01/07 Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 �. -Florida. Credit is gratefully given to the other members of the publisher's staff for..their-- 10—N cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND �. INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES �` REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE _. ._ 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 NONCONFORM [TIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County C5 provisions -of Exhibit A of this Ordinance may be corrected as to any misspellings, formatting, or numbering errors; and may be renumbered or relettered, and the word 'ordinance" may be changed to "section," "chapter," or any other appropriate word, as part of the publishing process, so long as the substance and intent of the adopted provisions is not altered in any way. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become effective, after filing with the Department of State, at 12:01 AM on September 27th, 2004 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 22nd day of June, 2004. ATTEST: Dwight E. Brock, Clerk BY: /s/ Deputy Clerk BY: /s/ Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Patrick G. White Assistant County Attorney 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. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR[), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DR[ 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. 101111 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to �. alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and i number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE le. This Code constitutes a complete codification of the general of Collier County, Florida. In addition, part II of this Code is a pertaining to the county. and permanent ordinances compilation of special acts Source materials used in the preparation of the Code were the ordinances adopted by the board of county commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the disposition tables appearing in the back of this Code, the reader can locate any ordinance included herein as well as the subject matter of ordinances not included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: TABLE INSET: CODE CD1:1 SPECIAL ACTS SAA CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 /O�\ CODE INDEX CDIA Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Ronald McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Mr. David C. Weigel, Chief Assistant County Attorney, and Ms. Ernestine Cousineau, Certified Legal Assistant, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Laws and Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee, Florida ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord. No. 02-01, § 1, adopted Jan. 8, 2002, provided for the adoption of the Florida Building Code to read as herein set out. Section 3 of said ordinance provided for the repeal of article II, §§ 22-26--22-35 and 22-46--22-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, § 58-26 et seq. Land development code reference --Building board of adjustment and appeals, div. 5.4. Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope, " is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non -technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title, " is deleted in its entirety and replaced with the following: 10-N, 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC') hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled 'Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire, " which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. 13 "W"WN I Section 106.1.2 entitled 'Issuing Certificate of Occupancy, " is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled "Temporary/Partial occupancy, " has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy, " is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, the Official Zoning Map Atlas with the wind speed lines overlayed in one mile -per -hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. Secs.22-28--22-80. Reserved. /�A _ Florida Building Code 2004, Building 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. http://ecodes.iccsafe.org/icee/gateway.dll/Florida%20CustomlBuild2004_FL/1 ?f=template... 3/19/2008 i-�, SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway. dlllFlorida%20CustomBuild2004_FL/3 /8?f=templa... 3 / 19/2008 1,1922 This.instrument prepared by: ©AVID C. BOURGEAU SWALM. & BOURGEAU, P.A. Z75 Tamiami Trail N., Suite 308 Napies,Florida 34103 Property Appraisers Parcel Identification Number. 53400440000 Page 1 of 1 3001729 09; 3058 M1922. HOW In offl Iu l 0is$ of COUIR Litton, It OtAS12002 at O2 ORK Dir m 1. ilea, cus. cars 45000.0 lic M 13.00 Doc-.70 SILO lets: Stiltl� 0 Sfl�61tH 2175 l38I?0tI tH 1 130i WLHS R 34103 WARRANTY DEED THIS WARRANTY DEED'made this -a day of 3une, 2402, by FRANCISCO ORTEGA and MiSAEL ORTEGA hereinafter called the Grantors, to ADAL13ERTO GARCIA and NFARTHA G. GARCIA, husband and wife, as Tenants by the Entirety, whose post office address is 2819 Barrett Avenue, Naples, Florida 34112,.hereinafter called the Grantees: WfTNESSETH: That the Grantors for and in consideration of the sum of $10.06 and other valuable considerations, receipt whereof is hereby aci:nowledged. hereby grant, bargain, sell, alien. remise, release, convey and confirm unto the Grantees all that certain land situate in Collier County, State of Florida, viz: Lot 11, LAKESIDE MOBILE ESTATES, according to plat recorded in Plat Book 9, Page 99, of the Public Records of Collier County, Florida. Together with 1967 BLUMA Mobile Howe I.D. number B 1247FL i TM 18R. Subject to zoning, building code and other restrictions imposed by governmental authority, outstanding oil, gas and mineral interests of record, if any,, .restrictions and casements common to the subdivision, and ad valorem real property taxes accruing subsequent to December 31, 2001. Grantors warrant that the property conveyed hereby is not the homestead of either Grantor. nor their spouses, nor their minor childrm nor is it contiguous thereto. The Grantors both reside in Puerto Rico. TOGETHER, with all 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 Grantees that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and law.fa! authority to sell and convey said land, and hereby watrard 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 as described hereinbefore. http://www.collierappraiser.com/viewer/Image.asp?Percent&ImageID=321451 10/26/2007 17 Collier County Codes and Building Services Horseshoe Dr. Naples, Fl. REF: Permit No Non conforming construction December 28-2007 Building Permit # 2007 Address: 120 Jeepers Dr. Naples Florida 34112 To whom it may concern: After act of sale on June, 13 2002, of the property located on 120 Jeepers Dr. We found that two storage areas were done illegally with out building permit, The Garcia's family is punished for an error done by the Real State person involved in the transaction and the Title Company in lacking serious investigation of such property conditions, suffering a serious hardship with serious economic problems and County petitions. In order to comply with the requirements asked by Collier County Building Permit Department, A professional Architect was called to solve this issue. As per Collier County recommendations, on 11-8-07 meeting. The construction done at each side of the existing Mobil Home Unit, were built following code requirements of 1970 years. And it is enclosed a copy of a project done by Architect Mario Lamendola, approved by the County. That reflects a type of construction similar than the Storage buildings A new set of documents it is submitted for your approval and solving of this Issue. Sincerely Adalberto Garcia Propiertor Adalberto Garcia 2819 Barrett Ave. Naples Florida 34112 Phone 239 595 6096 ��+ pis ROBERT M. SHAFTO j � Notary Public, State of Florida Commission# DD918804 My Comm. expires Jan. 25, 2010 ,lz- zS-o7 date f +f: io IIi All '.w { ! i � + # K 44 491, R 4 z „ , 4 r ' v+ qppMd •� � , r ?F' r �t' • ,meµ � , r..... r «. TTY SCALE i" 200, PHOTO DATE APRIL. 1989 SECTION TWP. RANGE SHEET N 14 50 S 25 E 22 a, MAP B 5 ryPHOTO SCALE 1" • 200' SECTION TVIP. RANGE SHEET 40. MAP DATE FEB. 1985 14 50S 2 5 E 2 2 B N� CVUA)Ty GEg G CE 20071oofz i o ers �C ! . �•-� . :►` Idl An Pill 11 N � s 2007/10/26 t+ 7 C 1Jf � J t} rw , go 7 C 1Jf � J t} rw , go 2007/10/26 I ff , NOR xm 4714 2007/10/26 2007/10126 . � za;4 2007/10/26 POP Oi. 2007/10/26 qt q. L Awl ., 11 fO 1 t2007 12.48 am q;a iZ. CDPR0002 - Image Print CD -Plus Report - Code Case Image CODE CASE NUMBER IMAGE DESCRIPTION 2006030957 Un-licesned vehicle in the rear of the property. E.Y>-14 IMAGE DATE 3/27/2006 Collier County Printed on 10/30/2007 8:36:00 AM CD -Plus for Windows 95/98/NT Page 1 2007/10/26 2007/10/26 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Garcia, Adalberto & Martha G Violation of Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) of Collier County Land Development Code 2004-41 as amended & Section(s): 106.1.2 of the Collier County Code of Laws and Ordinances Section 22, Article II & Section 105.1 of the Florida Building Code 2004 Edition. John Santafemia, Code Enforcement Official Department Case No. 2007100929 DESCRIPTION OF VIOLATION: A single wide mobile home with two (2) unpermitted additions being used as living space and an unpermitted storage shed in the rear yard. 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 permits, inspections, and Certificate of Occupancies for all unpermitted additions/alterations within 120 days of this hearing or a fine of $200 will be imposed for each day a violation continues. 2. Alternatively, respondent may obtain a demolition permit and remove all unpermitted additions/alterations, obtain required inspections and Certificate of Completion within 90 days of this hearing or a fine of $200 per day will be imposed for each day a violation continues. 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, VS. GARCIA, ADALBERTO & MARTHA G. Respondents CEB NO.: 2007100929 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Adalberto and Martha G. Garcia are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing, in person. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 120 Jeepers Drive, Naples, Florida, 34112, Folio 53400440000, more particularly described as Lot 11, LAKESIDE MOBILE ESTATES, according to the Plat recorded in Plat Book 9, Page 99, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(e)(i); the Collier County Code of Laws and Ordinances, Section 22, Article II, section 106.1.2, and the Florida Building Code, 2004 Edition, section 105.1 in the following particulars: A single wide mobile home with two unpermitted additions being used as living space and an unpermitted storage shed in the rear yard. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of 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)(e)(i); the Collier County Code of Laws and Ordinances, S:;ction 22, Article II, section 106.1.2, and the Florida Building Code, 2004 Edition, section 105.1 be corrected in the following manner: 1. By obtaining all required permits, inspections and Certificate of Occupancies for all unpermitted additions/alterations within 120 days (August 22, 2008). The property may not be occupied without a Certificate of Occupancy. 2. In the alternative, by obtaining a demolition permit and removing any unpermitted additions/alterations, obtaining required inspection and Certification of Completion within 120 days (August 22, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 22 , 2008, then there will be a fine of $200 per day for each day until such time as the violation continues. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 22, 2008, there will be a fine of $200 per day for each day until such time as the violation continued 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $416.05 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of e QA1, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COL ER COUNTY, FLORIDA BY: I U Richard a bring , Vice -Chair 2800 North-TTorseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Zt day ofa , 2008, by.Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier County, Florida, who is v"' personally known to me or who has produced a Florida Driver's License as identification. KpISTISI N # To n'�,;s MY COMMISSION k DD 686595 *' EXPIRESAunet8,2011 NOTARY PUBLIC `se p c Uttden sters 1 :+.. gondedThruNotsry 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 Adalberto & Martha G. Garcia, 2819 Barrett Avenue, Naples, Florida 34112 this Z_��day of r� , 2008. of ;ounry of COLLIER M. Jean a son, Esq. Florida Bar No. 750311 1 HEREBY C~RT17 THAT this, Is a Wood Attorney for the Code Enforcement Board ,orr.,'-ct {="`. ')t Ct►.€i10 in 400 Fifth Avenue S. Ste. 300 3oard Min.utz:�, ar+ i ,''.: Cv ^?'. if-c0lar County Naples, Florida 34102 1PI/� °i'� SS f '' ` ' 1 ,,, this (239) 263-8206 = tray afi 4.; COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Jorge M. Vidal and Alegny Vidal., Respondent(s) DEPT No. 2007040773 ITEM PAGE(S) Notice of Hearing i Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 n CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007040773 COLLIER COUNTY, FLORIDA, Plaintiff, vs VIDAL, JORGE M. &ALEGNY, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Expired Permit #2005111980 LOCATION OF VIOLATION: 111 2nd ST SE Naples, FL ,�-N SERVED: VIDAL, JORGE M=& ALEGNY, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 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 CODEENFORCEMENT 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)T74-8800; 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. vs. DEPT CASE NO.2007040773 Jorge M Vidal and Alegny Vidal, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance 04-41 of the Collier County Land Development Code as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) 2. Description of Violation: Expired permit number 2005111980 for a framed SF game room with 200 amps existing 3. Location/address where violation exists: I 112°a ST. SE Naples, FL 341.13 4. Name and address of owner/person in charge of violation location Jorge M and Alegny Vidal 111 2nd ST SE Naples, FL 3411-7 5. Date violation first observed: 4-20-07 6. Date owner/person in charge given Notice of Violation: 5-25-07 posting of the property '*—N, 7. Date on/by which violation to be corrected: 6-6-07 8. Date of re -inspection: 6-8-07 9. Results of Re -inspection: violation still exists STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 4th. day of February, 2008 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swom to (or su cribed efore thi day of A , 2008 by loll (Signature of 61tary Public) (Prin p �fl. VV Nam Pub jic�_,;s 9ITi H Personally known � or produced identification y•E�a�.aa _ Type of identification produced ""M""" " REV 3-3-05 CaseNumber COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION 65g Respondent « -t CA - Date: ct //j/ 0 7 Investigator: Q , �a` C�t� �(, Phone: 239- - S-151 ��•,\� V.&0A �� Rug 7-1Zoning Dist t s C� Sec K ) Twp g Mailing: ?—T a $$ Legal: Subdivision s _ (.;,G . E�SA %3m.N 13 Block a Lot a Location: S0. r� z cis c,,3 ,� Folio 3'7 'c�a, \ rjb©L} OR Book G(� Page Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance OW J6xwxWPwH as amended, you are notified that a violation(s) of the following codes exist: c -o r,— —) — it s Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article U of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) AB Iding or land alteration permit and certificate of occupancy I0.02.06(B)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. '$60.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. A0.02.06(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). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. .ection 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. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall fast make application to the building official and obtain the required permit. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative, i Rkrrn-A tk • ;!c- Ck 4=4- rder to Correct Violations Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described strucwre/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. krzicate request/cause required inspections to be performed and obtain a of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Respondent's Signature Date ' p Investigator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 AFFIDAVIT OF MAILING JORGE M & ALEGNY VIDAL Code Case '0_*'2espondent(s): 111 2ND ST SE NAPLES, FL 34117-9326 CEB # Case Nbr - 2007040773 THE DESCRIPTION OF THE DOCUMENT(S) POSTED ISIARE: (Check the applicable document(s) DO Notice of Violation Notice of Hearing ❑ Notice of He aring/Iinposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other. hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at ",Address) On this day of 20 Signature Title STATE OF FLORIDA 41 COUNTY OF COLLIER Swe to (or a ed) and subscribed before me this ' '" �%�y of 200�, by (Name of o (Signature o0QotaryPublic) �wnwn„�nnnnxon�n n�q (Print, type or start VANTIM Commissioned nad u ' c W _ Expits wrai 1 PersonallKnown °Fa � =z NC4=�'a;-_L, t:. y Fnannunnacuuccacaa.aaeaaccceacr_zca cJ Produced Identification. of Identification Produced Affidavit nfMaiiinv^- �+•s•� • 11 yr rkmTj ki ResPondent(s)I "*-N, ':S sf--rr X-A J � ON, ,\ N-ecy"1 V'aa 1 Code Case ai p CFB # JORGE M & ALEGNY VIDAL 111 2ND ST SE TMDESCRDnONOFTEDO AM NAPLES, FL 34117-9326 (Check feapplicabledocument(s) Case Nbr - 2007040773 otice of kow. ❑ M ce of Hearing 0 Notice of Headng/Imposition of Fines 0 Citation ❑ Notice to Appear ❑ Code ant Board Evidence Packet ❑ Omer: - , do hereby swear and affirm that I have personally, (Code Enforcement Official) P Y Pow the above described document(s) for the above respondents at ��t Z rcL S s 3`ti11 `� (Address) on Of � ' la ; C,Q ,and at the.Collier County Courthouse. ()ate) (Time) Signature ' Trtle STATB OF,FLORIDA COUN i'Y OF COLLIER Swann of and subsea'bed befercme - 200LZ by twAwtvo (Name of (s of N Public) ftnt, type or CMM# mooned �17/2011 PersonaUy Kao¢,.� D..w�___ d nTYPe 1�uceacaoccswucasaaesa-soasoaaascax _ :- - of Identification Produced Affidavit of Posting Original to Me Copy of Posted Notice and Pictures Attached 6l03 6- COLLIER COUNTY LAND DEVELOPMENT CODE 10 02 06 B 1 10.02.06 6.1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. 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 n or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 C• APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.06 A.2. 10.02.06 13.1. 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. 111] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding 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. „--_ -- -- ___O_____ - --a- - -- - �\ Prepared by, LOIS LASTRA Titles Unlimited, Inc. 7925 SAY 24th met Miamn Florida 33155 File Number: 05-0561 Warranty Deed *** 3717047 OR: 3911 PG: 2532 1 IClC01COBIl is 0111cl L 11>CCU1lDS of Cam CUM, IL I1/1312005 8t 43:24PIE I ITUT 3. UM, Ci+iu =1 3740"A UC ir11>E 10.00 DOC-.70 26.18.11 Retn• TITLES 11113Itllil IIC 75H SI 21” " EM PL 3WS Marie this September29, 2005 A.D. By NURIA ULLUA, an unmarried woman, wlWse address is: 2470 24 AVE. N.E., NAPL .ES, FL 34120, hereinafter called the grantor, to SURGE M. VI:DAL,A MARRIED MAN, whose post office address is 1112 ND STREET SE, .Naples, Florida 34117, hereinafter railed the grantee: and ALEGXY VIDAL, HIS WIFE (wbmcva used haein the terra 'gaMae and'Smut- iaciude all the parties to this irwrumwA and the heirs, kgst m eseuts6m sad wvism of indiykhmis, and the saccesstrrs.a d &nips of corporations) Wk esseth, that the grantor, for and in consideration of the sitter of Ten Dollars, ($ 10.00) and other valuable ctmsidaations. receipt whereof is hereby aclonowladg0d, hereby grants, bargains,, sells, aliens, remiscs, releases, couvcys and canfutns unto The grantee, all that certain land situate in Collier County, Florida, viz: 'Me North 105 feet of the North 180 feet of T"= No. 21, of Golden Crate Estates, Unit No. 13, according to the Plat thereof, as recorded in Plat Book 7, at Page 7), of the Public Records of Collier County, Florida. Parcel II] Number: 37221560004 Together with all the tenements. heredhaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever, And the grantor hereby covenants with said grantee that The grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawfW authority to sell and.convey said land; that the grantor hereby fully warrants the title to said herd and will defend the some against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except tastes accruing subst;quent to December 31, 2004, In Witnen Whereof, the said grantor has signed and seated these presents the day and year first above written. Segued scaled and delivered in our presence, (Seal) N A ULL A Address; 2470 24 AVE. N..E., NAPL;ES, FL 34120 (Seal) State of FLA County.of http://www.coUierappraiser.com/viewer/Image.asp?Percent=&ImageID=393075 9/13/2007 - COLLIER COUNTY -CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 Board of County Commissioners, Collier County, Florida Jorge M Vidal and Alegny Vidal Violation of ordinance 04-41 as amended The Collier County Land Development Code sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) Patrick Baldwin, Code Enforcement Official DESCRIPTION OF VIOLATION: Expired permit number 2005111980 for a framed SF game room with 200 amps existing. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Submitting a complete and sufficient application for all Collier Count Building Permits, request inspections and obtain a certificate of completion within 120 days of this hearing or pay a fine of $200.00 per day will be imposed until the violation is abated. 2. Alternately by obtaining a Collier County Demolition Permit, request all required inspections and obtain a Certificate of Completion within the same 120 day time period or a fine of $200.00 a day will be imposed until the violation is abated. 3. 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 10/4/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Tereso Bautista and Emiliana Lopez Vasquez., Respondent(s) DEPT No. 2006100651 ITEM Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed PAGE(S) 2 11'b1 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006100651 COLLIER COUNTY, FLORIDA, Plaintiff vs. TERESO BAUTISTA AND EMILIANA LOPEZ VASQUEZ 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Converted garage into living area and added a bathroom without Collier County Building Permits LOCATION OF VIOLATION: 3545 23rd AVE SW Naples, FL SERVED: TERESO BAUTISTA AND EMILIANA LOPEZ VASQUEZ Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 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-WW. 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. DEPT CASE 2006100651 Tereso Bautista and Emiliana Lopez Vasquez , 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 0441 as amended of the Collier County Land Development Code, Sec 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i). 2. Description of Violation: Converted garage into living area and added a bathroom without Collier County Building Permits. 3. Location/address where violation exists: 3545 23rd Ave SW. Naples FL 34117 4. Name and address of owner/person in charge of violation location Tereso Bautista and Emiliana Lopez Vasquez 3545 23rd Ave SW. Naples FL. 34117 5. Date violation first observed: 11-03-2006 6. Date owner/person in charge given Notice of Violation: 11-3-2006 7. Date on/by which violation to be corrected: 11-28-2006 8. Date of re -inspection: 12-7-2006 9. Results of Re -inspection: The violation still exists prepare for CEB STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 4th day of February, 2008 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or a e d s sc bed be re thi day of , 2008 by AR P...........M QMMM (Signature of Public) (Prins/ . �~ pCom� N P bf' Personally known or produced identification Type of identification produced amt u ls=)_s 1/7I2011 Aaaan. acumennou.�hn.nnn.unM..� REV 3-3-05 Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION E;--Indent -Tf-rCys,-- l-3c�U1c-,Date: j ` /3/a&, Investigator: P, ��Pm -,N to Phone: 239 i rei'u XTNc= —T Zoning Dist See 3 is Twp 4 9 Rag Z4. Vlaiiing: Legal: Subdivision _t �yt�c Block Lot L Location: A Y�-� J►,s� Acb Folio OC:)o `, OR Book (yl c Page iI(Z� Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97-35, as amended, you are notified that a violation(s) of the following codes exist Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article Il of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist ... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. I'10.02.06(B)(1)(d) Improvement of property prohibited prior to issuance IJ �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. 1�21p.02.06(11)(1)(d)(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). Collier County Code of Laws and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.13.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, ,,—*,Iformwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 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. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑ 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: -.NJ x r-N-45A C ri' l ♦ tI\. cic& .��LtSL_Y1 S 1 1-- Or er to Correct Violation(s): t be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: It _ a ,% - 0(1- 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. , ,�s `e�� Date Investigator's Signature Date 3. APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10 02 06 I!!. Flow paths shall be indicated throughout including final outfails from the development and basins, existing water 'elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data. IV. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design method established by the South Florida Water Management District V. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. VI. Plans and profiles of all proposed roads. Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for .existing roads. vfi. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. vill. For projects which require a construction permit to be issued by the South Florida Water Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the permit or an acceptable "early work" permit is submitted to the County Manager or his designee. Ix. The master drainage plan shall include the drainage plans and details for all lots. The master drainage plan shall show proposed finished grade eleva- bons at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 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 develop- ment, 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. LDC10:81 /J COLLIER COUNTY LAND DEVELOPMENT CODE 10.02 06 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 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 division 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 Permits. f 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 pemnits, 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 pemnit(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 orland alteration permit All applications for building or land alteration permits shall, in addition to containing the information required by the LDC10:82 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10 02 06 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 surrey, 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. Improvement of properly 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 LDC10:83 6- COLLIER COUNTY LAND DEVELOPMENT CODE - 10 02 06 n 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 4 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 certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e. 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 f� 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. if. 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. if!. A zoning certficate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentialiy allowed uses of land or buildings. 2. Building Permit 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 n ordinances and regulations have been met b. Permit fees. A building permit fee shag be collected pursuant to the fee schedule set �. forth by resolution. LDC10:84 _____ ._., _—a_ ._... RETLIRM TO: TOWN a Coin T! p, mic. 1676 PINE RIDGE ROAD, SUrM 11 MAPLES, FLORIDA U186 PREPARED BY: 8-.1. Rom, ESM Tarts Quirt Imp, Inc, 65t °a�l'tstr�+ #1.01 Ho4 wmd;. FL 33024 Agent He No- 06-7603FRAUTISTA POMW Idefifflkettart" N'<rrA . 3804582MG7 . 3078732 OR 4079 ?Gt 4067 17131IIllli a 1ItiA! �: tom,. ®G m ll,f no Jh�te: k cmm: mu Ila V SPACE ABOVE TMS: LINE FOR E'# dRDING C oRREc w WARRAl DEED THIS INDENTUK made this day of duly, Wit;, between GUADALUPE MORE I d ,IUSTO V. NI ERAS, HER. HUSBAND, GUADALUPE MORERAI a s GUADAMPE MORERO, GRANTOR*, whose post offroe address is 350 23RD AVE Silk NAPLES, FL U117, and T>l' SO BAUTISTA and ENULiANA LOPEZ VASM97, HUSBAND AND WIFE, whose post office address is 35a 23RD AVE SW, NAPLEM FL 34117, GRANTEE`; WrMESSETH, That said Grantor, for and 1n consideration of the sum of TEN AND 00/100 (10.00) DOLLARS and + ii;r gc�od and valuable mnsi erartio n. to said Grantor in hand paid by said Grantee, the racelpt. whereof is hereby acknowledged:, hereby. grants, bargains, seft, allens, remises, releases, conveys and Mitts unto the Grantee and Grant>ee's heirs, successors and assigns forever ihe follomAng described land. k)caW in the County of COLLIER, ate of Florida, to -,Mt: THE wEsT 7 s FEET OF THE FAST 160 FEET OF TRACT 64rGOLDEN GATE ESTATES, UNIT NO. 2811ACCORD[ +t TO THE OL T THEREOF, AS RECORDED IN PLAT BOOK 7, PAGES 19 AND 20,; OF THE PU13LIC RECORDS OF COLLIER COUNTY, FLORIDA. THIS DEED IS BEING RECORDED TO CORRECT OR 907 PG. 4015, DOC TYPE D, RECORDED ON 1Oil O 05, TO CORRECT LEGAL DESCRIPTION TO DEAD EAST 160 FEET. SU`BJECt TO all restrictions; reseniatkns and easements of ristxa'td, if airy; zoning -` NAPLM Ulft http://www.collierappraiser.com/viewer/Image.asp?Percent&ImageID=414001 9/26/2007 6?L oo BOARD OF COUNTY COM SSIOL NE� SQ PERMIT APPLICATION PERMIT #: 2006122085 PERMIT TYPE: BR2A VALID #: 085 ISSUED: BY: APPLIED DATE: 12-22-06 APPROVAL DATE: MASTER #: 2006122085 COA #: JOB ADDRESS: 3545 23RD AVE SW JOB DESCRIPTION: ALT GAR. INTO GAME RM -PERMIT BY AFFIVDT JOB PHONE: SUBDIVISION #: 716 - Golden Gate Estates Unit 28 BLOCK: 64 LOT:2 FLOOD MAP: 0425 ZONE: X ELEVATION: FOLIO #: 0000038045920007 SECTION -TOWNSHIP -RANGE 26 49 26 OWNER INFORMATION: CONTRACTOR INFORMATION: BAUTISTA, TERESO EMILIANA LOPEZ VASOUEZ 3545 23RD AVE SE NAPLES, FL 0 341170000 , CERTIFICATE #: PHONE: FCC CODE: 434 - R/ADDITION, ALTERATION CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 2,400.00 TOTAL SQFT: 373 SETBACKS FRONT: 75.00 REAR: 75.00 LEFT: 7.50 RIGHT: 7.50 SEWER: Sc SEPTIC Y WATER: WELL Y CONTACT NAME: MARIA CONTACT PHONE: (239)455-6169 Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 332-6975. In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. CouA)T1 CX11'1617 �. cI-sr� 2�06�oo�Ovr/ %e�eso �Qc�� FA �s fi � f " f yy r YIIK Y � .y `�' yxrt�t � gyp•' ,��, � � Y ^� •fir � A • w ;yam { ,� re � 4. � iG �✓ •'i , y � � •§i � - °��,e�y f r F _ a .ti a& r ��"a✓x✓"fir,. x t � f��i^! �r� %�.w.na. .A!'4��fxr sAe, J/ 4ae�G�li?$.. II a i t.. . " ». v� 3_ titer#j i 4 t wrrY��j4✓ y � i� � i A� / 4 Alf g$ d.�A,. �i n v� bW i� 1 � 71 I COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 - Board of County Commissioners, Collier County, Florida VS. Tereso Bautista and Emiliana Lopez Vasquez Violation of Ordinance 04-41 as amended, of the Collier County Land Development Code, Sec 10.020.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i) Patrick Baldwin, Code Enforcement Official Department Case No. 2006100651 DESCRIPTION OF VIOLATION: Converted garage into living area and added a bathroom without 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. Obtaining, if obtainable, a Collier County Building Permit or Demolition Permit for the converted garage, requesting all inspections and obtaining a Certificate of Occupancy for such permit obtained, within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated within 24 hours of abatement in order to conduct a final inspection. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. TERESO BAUTISTA AND EMILIANA LOPEZ VASQUEZ, Respondents CEB NO.: 2006100651 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Tereso Bautista and Emiliana Lopez Vasquez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3545 23`d Avenue S.W., Naples, Florida, 34117 Folio 38045920007, more particularly described as The West 75 feet of the East 150 feet of Tract No. 64, of Golden Gate Estates, Unit No. 28, according to the Plat thereof recorded in Plat Book 7, Pages 19 and 20, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), and 10.02.06(B)(1)(d)(i) in the following particulars: Converted garage into living area and added a bathroom without Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), and 10.02.06(B)(1)(d)(i) be corrected in the following manner: 1. By obtaining, if obtainable, a Collier County Building Permit or Demolition Permit for the converted garage, requesting all inspections and obtaining a Certificate of Occupancy for such permit obtained within 60 days (June 23, 2008) 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 23, 2008, then there will be a fine of $200 per day for each day until such time as the violation continues. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $403.77 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ; 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLj_R COUNTY, FLORIDA BY. ((I j,1Wa `w Richard enbring , Vice -Chair 2800 NortW Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 66 day of, 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier C unty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE HOLTON •''�'1�r fps MY COMMISSION # DD 686595 EXPIRES: Jung 18, 2011 Bonded flxu NO" Pd* Unde�wrke� &A,iyto ffi - NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. Mail to Tereso Ba ista ano Emiliana Lopez Vasquez, 3545 23`d Avenue S.E., Naples, Florida, 34117 this day of 2008. M. Je6,lkawson, Esq. Florida Bar No. 750311 -y, ti�r�Attorney for the Code Enforcement Board ek fiMm F `r 400 Fifth Avenue S., Ste. 300 �.ounq of COLLIEit Naples, Florida 34102 (239)263-8206 HEREBY C7_RTI ^� THAT thIS IS 8 ttUB "A `;p to Yrrci: ca;,v Ind. ^ trl� r1}.��;1$I' countv NI ti Clair - SS my n^ u ,t� atilO° SC (a)Y of Ct;ERK OF COURU ,WIGNT E. BROCK. . ; COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. 4227 Enterprise Avenue, LTD, Respondent(s) CASE No. 2007030291 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-9 Copy of Applicable Ordinance 10-12 Deed 13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007030291 COLLIER COUNTY, FLORIDA, Plaintiff vs. 4227 ENTERPRISE AVENUE LTD, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Perm it22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 4227 Enterprise AVE Unit:H Naples, FL SERVED: 4227 ENTERPRISE AVENUE LTD, 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 CODEENFORCEMENT 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, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)7748800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ', /* COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO.2007030291 VS. 4227 ENTERPRISE AVENUE LTD, 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) 0441, The Land Development Code, as amended, Sec(s) . 10.02.06[B][I][a] AND 10.02.06[Bl[l][e][i]. 2. Description of Violation: Construction/remodeling/additions of office space done without proper building permits. 3. Location/address where violation exists: 4227 Enterprise Ave., Naples (folio # 00275800006). 4. Name and address of owner/person in charge of violation location: 4227 Enterprise Ave Ltd. c/o Welsh Companies Florida Inc., 2400 Tamiami Trl North, suite 100, Naples, Fl 34103;William Burke Esq. c/o Bond Snoeneck & King PA, 1167 Third Street South, Suite 107, Naples, F1 34102; As Registered Agent for 4227 Enterprise Ave Ltd and Fishbane Esquire, 850 Parkshore Dr, Suite 300, Naples, Fl 34103, As Registered Agent for Welsh Companies Florida Inc, Colonial Square Realty Inc, 1048 Goodlettte Rd Ste 201, Naples, Fl 34102 (Property Owner) 5. Date violation first observed: March 8th, 2007. 6. Date owner/person in charge given Notice of Violation: March 30th, 2007. 7. Date on/by which violation to be corrected: April 21", 2007. 8. Date of re -inspection: February 7`s, 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 de have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fo a b 'c hearing. Dated this Z Z" Day of �-� , 2008 c ell T. Vow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER o r affirmed) and, cribed before this ZZ' iay of , 2008 by klwl..Cu ( 1 afore of Notary Public) (Print/Tvve/Stamp Commissioned Nz me of 00&NR!W4RRANO d d 'd t'f, t' N P 1' Personally known or pro uce i en i ica ion Type of identification produced ota,y ub ic, S tate of Flonda Comm No DD 401145 My Comm expires March 04, 2009 @ended thru let Stete Insurenee REV 3-3-05 I COLLIER COUNTY, FLORIDA BUILDING PERMITS NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT oz�? TO: Mr. Jordon Poppa ORDER TO CORRECT VIOLATION(S) : 4227 Enterprise Avenue LTD c/o Welsh Companies Florida, inc. YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE 2400 Tamiami Trail North; Suite 101 FOLLOWING CORRECTIVE ACTION(S) Naples, Florida 34103-4435 LOCATION OF VIOLATION (LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST: "Ind" SEC: 36 TWN: 49 RNG: 25 SUBD: 100 Acreage BLK: 101 LOT: .000, PARCEL# ,OF COLLIER COUNTY RECORD. PROPERTY ID: 00275800006 PUD# TRACT# UNIT# , SDP# , OR; 2413 PAGE: 1773 A.K.A. (ADDRESS): 4227 Enterprise Ave. (K & L) NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD #92-80 and 97-35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULATIONS) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S): 04-41 Amended SEC.(S) P.U.D. NO(S) : , REGULATION(S) SEC(S) _ DATED: 10.02.06(B)(1)(a), (e)(i), DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). On 3/8/2007 I did observe illegal building additions to the property erected without the required Collier County Building Permits as follows: (A) illegally opened partition wall between unit K & L, (B) illegal 2"d floor office in Unit L added above (C) illegally constructed first floor office in Unit L and (D) illegal office constructed in Unit K. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR TOM CAMPBELL 2800 No. Horsesho2Dr. NaplesL 34104(239) 403-2492 ��F 403-3944 Investigator's i VIOLATION X INITIAL _REPEAT Obtain Collier County Building Permits for all offices, additions or modification requiring Permits and obtain the subsequent Certificate of Occupancy; or, obtain a demolition permit and remove all offending violations. ON OR BEFORE: April 21, 2007 PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in , 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500.00 per day for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: CERT. MAIL POSTED PERSONAL SERVICE I ,HEREBY acknowledge I have received, read, and understand this notice of violation. Signature and Title of Recipient Print DATED THIS 23`d DAY OF March, 2007 REF: CASE NUMBER 2007030291 3. ■ Complete items 1, 2, and 3. Also. complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. n ■ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: 4227 ENTERPRISE AVENUE I % JORDAN POPPA $ WELSH COMPANIES FL. ID- 2400 TAMIAMI TR. N. #101 NAPLES, FL 34103-4435 A Sigoture ❑ Agent X❑ Address B. Received by (Printed Name) C. Date of Deiivf GF8'e!�' 1•!Lt tCQ D. Is delivery address different from item 1 ? ❑ Yes ff YES, enter delivery address below: ❑ No 3rgistered e Type tified Mail ❑ Express Mail ❑ Return Receipt for Merchandl ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2'A` R 7006 2150 0005 6165 5979 Ps Form 3811, February 2004 Domestic Return Receipt ❑ Yes .1 102595-02-M-1 Q' �. • . . . . .•. f1-- 0' u•I Ln C -0 r-1 Postage $ Certified Fee Ln OE3 Return Receipt Fee O (Endorsement Required) r-3 Restricted Delivery Fee V M (Endorsement Required) Lrl ru IU Tc 4227 ENTERPRISE AVENUE i WA % JORDAN POPPA `a % WELSH COMPANIES FL. ID l-3 O 2M; 2400 TAMIAMI TR . N . # 1 tl ]-------- iti NAPLES, FL 34103-4435 _orF --- cfty 2c�o7 03Esa� 00 0 ........-- 4 Case Number 2007030291 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements S� NOTICE OF VIOLATION ondent Fishbane Es a Ant Date: 8/28/07 Investigator: Tom Campbell Phone: 239-403-2492 9...g.�. —_. Welsh Companies of Florida n (re: 4227 Enterprise Ave. LTD) Zoning Dist 4227Industrial Sec 36 Twp 49 Rug 25 Mailing: 850 Park Shore Dr. Suite 300 Legal: Subdivision 100 Acreage Block 101 Lot .000 Naples, FL. 34103 Location: 4227 Enterprise Ave. Folio Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(11)(1)(a)Zoning action on building permits... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist —without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ®10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 010.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy 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 ❑103JI.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. ❑104.1.35 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 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. 00275800006 Violation (continued): OR Book 2413 Page 1773 Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move; demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities F111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: On 3/8/07 I did observe that several tenants have illeull constructed one and two story office additions inside .the building on the subject property without the required Collier Countv Building Permits. Inspections or Certificate of Occuoancy. Order to Correct Violation(s): ®Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ®Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: 9/16/07 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 S1000 per day per violation, as long as the violation remains, and costs of prosecution. l.T..a.,,,.to Flo ('—, to P--ri nt Cnnv fnr Cite Pn-tinv C'nnv for Official Pnstine Rev 6/07 V ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. ❑ Agent ❑ Address Received py (Printed /game) , C. Dete of Dgiivw • .t— D. Is delivery address different from item 14 ❑ Yes If YES, enter delivery address below: ❑ No "FISHBANE, ESQ. (REG. ACS-W) e r3fEP`07I'm2: 34 8WELSH COMPANIES FL. INC RE: 4227 ENTERPRISE AVE. 850 PARK SHORE DR # 300 3A. SpMce Type NAPLES, FL 34103 `� Certified Mail ❑ Express Mail G 3O Z c (. - - "`¢ -� vv❑�� eyed ❑ Return Receipt for Marchand ❑ Insured Mall ❑ C.O.D. �4. Restricted Delivery? (Extra Fee) ❑ Yes 7007 0220 0000 4037 0891 (Z PS Form 3811, February 2004 Domestic Return Receipt . io2s95-o2--M-11 (DomesticAfail Only;,No Insurance Coverage Provia "' ' Tordelivery informationvisit our rwebsite at ymw.usps.corr ;4 Vf C3 Postage Certified 9 Pos ark O Return Receipt Fee O (Endorsement Required) Here O Restricted Delivery Fee 0 (Endor�^ f ao �...e.n Ill ru Tot. 1] FISHBANE, ESQ- (REG. AC-;zK_") C_ sent WELSH COMPANIES FL. INC C3 tree RE: 4227 ENTERPRISE AVE. or PC 850 PARK SHORE DR # 300 City: NAPLES, FL 343� 05«9 ( -- M COLLIER COUNTY, FLORIDA BUILDING PERMITS NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: Burke, William M. Esq. (Registered Agent) Bond, Scchoeneck & King, P.A. 1167 Third Street South, #107 Naples, Florida 34102 LOCATION OF VIOLATION (LEGAL AND ADDRESS) WITHIN COLLIER COUNTY ZONING DIST: "Ind" SEC: 36 TWN: 49 RNG: 25 SUBD: 100 Acreage BLK: 101 LOT: .000, PARCEL# ,OF COLLIER COUNTY RECORD. PROPERTY ID: 00275800006 PUD# , TRACT# , UNIT# SDP# , O R; 2413 PAGE: 1773 A.K.A. (ADDRESS): 4227 Enterprise Ave. (K & L) NOTICE PURSUANT TO COLLIER COUNTY CODE ENFORCEMENT BOARD (C E B ) ORD #92-80 and 97-35, AS AMENDED, YOU ARE NOTIFIED THAT A VIOLATION(S) OF THE FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. REGULATIONS) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S): 04-41 Amended SEC.(S) 10.02.06(B)(1)(a), (e)(i), ORD(S) 04-41 Amended SEC.(S) 106.2 P.U.D. NO(S) : , REGULATION(S) SECS) DATED: DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). On 3/8/2007 I did observe illegal building additions to the property erected without the required Collier County Building Permits as follows: (A) illegally opened partition wall between unit K & L, (B) illegal 2"d floor office in Unit L added above (C) illegally constructed first floor office in Unit L and (D) illegal office constructed in Unit K. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR TOM CAWBELL 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 403-2445 FAX: (239) 403-2492 Investigator's Signature VIOLATION STATUS: n X INITIAL _RECURRING _REPEAT G ORDER TO CORRECT VIOL"ATION(S) : YOU ARE DIRECTED BY THIS NOTICE TO TAKE THE FOLLOWING CORRECTIVE ACTION(S) Obtain Collier County Building Permits for all offices, additions or modification requiring Permits and obtain the subsequent Certificate of Occupancy; or, obtain a demolition permit and remove all offending violations. ON OR BEFORE: April 7, 2007 PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the date specified above will result in , 1) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You will/have receive(d) notification that a hearing will be held which you and/or a legal representative may attend. Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists, a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of $500.00 per day for a repeat violation and a maximum fine of $5000.00 per violation in the event the "C E B" finds the violation to be of an irreparable or irreversible nature. Fines may be imposed on a per day basis for each day each violation exists. Costs of prosecution and/or repairs may also be assessed against you for any violation, or, 2) the issuance of a Notice to Appear before the Collier County Court where penalties of up to $500 + costs may be imposed, or, 3) the issuance of a citation which you may pay or contest in the Collier County Court where penalties of up to $500 + costs may be imposed. SERVED BY: CERT. MAIL POSTED PERSONAL SERVICE I HEREBY acknowledge I have received, read, and understand this notice of violation. Signature and Title of Recipient Print DATED THIS DAY OF 2004 REF: CASE NUMBER A/O 304192 o�?00-7030'-;�L9/ 7 C'I to e T fn 00 GQ d G JiD l; H u1 ® u'1 CO N Ln .�.�� -0 m, O Et 1 I 1 m iii •..`i - 0 0 iq 0 ct o w o O Ma MOM 1 z x � WOO r+ Oak x - owo to MEW a n:m_i tat ¢ Dwo a iil G ri s� y CrD H 2 ® .�7 I 1 a a 1-1Ln --- _ a ® O w z H 61 M wwx� t! C7 w � E,� r c {'t Ln w c, c e rP w u w c cn w. -� IL H E) c c �, -� -p : V7 H f•1 ' DO a �y -- a a x o a Huaw ^ , 1- ��"' � U ram- 2 w H� 1- w. w lc• N `D O O U) Cu .� a)C C .> E U moo O > N N O O 0 U)( > � (B L ram+ O O O _O — E O C uS 00 C� C L C)U r E C) > � Z U W U LMI .,m1 Co a a Q A a�x O a H Mc 'wx�o p QC W UWO U)waH � �-+ z H c� f LuaaxQa L) H3UFa+W • z Un x w H W m t� ti @ rrara U. a .0 mm a tt cvXO t m¢ -L m roam ,z V 1, U E a m a ¢ 2 :g we ¢w, 9992 99T9 9000 O9T2 900L m N r 4 0 � w A ° r E ° Eo m gg=o ❑o❑ j v a m -0 p A m wm CL F� f N m 0 W COD 1 N N rQ ❑ Q cc ru m Ln U W U ,� � rq m E m m Q a -0 o ! m o E 7 z H u7 m w Q aH Q O o ' 0 x zrno < ww cn o N U Y {{p�c H 1` r p O O m sr�= a��c � . m CV = 1 •+ 8 H zE �r a H W U) rh CAr rub co 2 3 ' ��- ° aaxQ 4 -0 m m -Eca V° ami W H U a Gu H UH O p L- Lmv_,.- 0 w .U) r` E r Q w w �az�aI r.��Lctic m E _a.mQO Q N_. a._ . T9. 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 3 30 months —Second Phase 42 months 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[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 http: ary //Iibr 1.municode.com/mr,c/DOcView/13992/l/66/68 6/26/2007 /c 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://Iibraryl.municode.com/mcc/DoeView/I3992/l/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 http://Iibraryl.municode.com/mGc/DooView/13992/l/66/68 6/26/2007 /Z �6�o A60eTHtE INSURANCE COMPANY M N. ORANGE AVE.. SJITE 150 ORLANDO, FLORIDA 32d01 .50981.2.a DU'XV frd ss naiw. 00275800006 Oawa A 7ft M 2311649 OR: 2413 PG: 1113 "t ne0E1N is N11l11i WM of CILLM Celli, A H/21/11 at 11:111/ Ulm 1. NICL, CM Ce11 lIN11.N N M f.N 10e-JI1 ili1.N bts: MOM ?= 3111011110 M Ilse OEM !i 32111 Warranty Ibis hMbM % Made this day of �p/ ' il�aerh , iiM AA. Between der was216 Tobin,6as Trustee of the Tobin Family Lead Trod Under AVINNat dd ate ordr cdMW of , sore of , grantee, d 4227 Enterprise Avenue, Ltd., a Florida Lbaked Partnership, wmw addnw k: 4n7 Enterprise Avenue, Naples, Florida 34104 ar awcommo of CoMer , am of Florida , p • Wifs"Na dodwO APRMforudlawwwwatiaaorIeerrerr ------------------------------- --------------•--•---TEN&NO/le0(sie.00)-----------------eSNAM ur caber pod ud valuibk comMmmim ao OLW= In red Dad by GRAWIM. dse eeeep im" is bwaby aeraowtdp& low pu"C bmphwd and mm w floe uW OXWM and G AMf *3 rainAm d wsism forever, i 110 daserRed load dame. � ad beta is dw comy of Collier t " \lda a .i The West one-half one-half (E1/2) of half (W1/2) of the Township 49 South, subject to restri if any, and taxes The property herein` property of the Qr 4251 Lake Forest Dri of the South 6(� at o - 1 (W1 as�one: cru r'ter eyed does nab The Grantor vita Sprio cw� feet of the East f the west one- Y4) of Section 36, ty, Florida. nts of record, ute the HOMESTEAD TSAR address is 134. 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SNOW, Code Enforcement Official Department Case NO.2007030291 DESCRIPTION OF VIOLATION: Construction/ Remodeling/Additions of office space done 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 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 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 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. 2007030291 4227 Enterprise Avenue, LTD Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ,94t1wd' IZx(A tf , 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 2007030291 dated the day of April , 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 April , 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) 04-41 The Land Development Code Sections(s) 10.02.06[B][1][a, 10.02.06[B][1][e][i] ] and The Florida Building Code, 2004 Edition, Section 105.1 and 105.7 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 $460.85 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 construction waste to the appropriate site for such disposal. 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 Investiga when the violation has been abated in order to conduct a final insp ion to co i ry abat ment. Respondent Michell mold, Director Code �orcemgflt Department am ' Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, CCL.LIER COUNTY, FLORIDA, Petitioner, VS. 4227 Enterprise Avenue, LTD. Respondent CEB NO.2007030291 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD TH IS CAUSE came on for public hearing before the Board on April 24, 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: That 4227 Enterprise Avenue LTD is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation with the County prior to the hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4227 Enterprise Avenue, Unit H, Naples, FL, Folio 00275800006, more particularly described as the West ''/z of the South 688.60 feet of the East 1/2 of the West'/2 of the West ''/z of the Northeast '/4 of Section 36, Township 49 South, Range 25 East, Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Construction/remodeling/additions of office space done without proper building 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 ti,:. 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: I . By obtaining after -the -fact permits for all unpermitted construction/remodeling additions on property and obtaining all inspections through certificate of completion within 120 days (August 22, 2008). 2. In the alternative, by obtaining a demolition permit and removing any unpermitted CuiiStrUction/remodeling additions and restoring it to its original permitted state within 120 days (August 22, 2008). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by August 22 , 2008, then there will be a fine of $200 per day for each day until such time as the unpermitted constriction/remodeling has been permitted, inspected and Co'ed. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 22, 2008, 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. All construction waste must be removed to the appropriate site for such disposal. 5. By ceasing any activity that is not in compliance with and accordance to the Land Development Code of Unincorporated Collier County. 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 $460.85 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 L'� day of, 2008 at Collier County, Florida. F_ CODE ENFORCEMENT BOARD COLLkER CO14, UNTY, FLORIDA BY: Ric and ring, Vice -Chair 2800 No seshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,day of 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of'C unty, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. l4 .1 �4 KRISlt^;' IJ �� .�; NOTARY PUBLIC EXP MYCA�" My commission expires: 'ounty of COLUER H EREBY CERTI 7(' THAT this is a UN Nd :orrect copy of a ment &n,'He in ,--,a,-d Minutes aid Qzxorros.of +ropier County SS my f,-�� ai;r' tItIS clay of DW{GHT E. BROCA, CLERK OF. COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007030291 4227 Enterprise Avenue, LTD Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,,Sk:)1' 1tGrtf , 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 2007030291 dated the day of April , 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 April , 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) 04-41 The Land Development Code Sections(s) 10.02.06[B][1][a, 10.02.06[B][1][e][i] ] and The Florida Building Code, 2004 Edition, Section 105.1 and 105.7 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 $460.85 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 unpennitted 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 construction waste to the appropriate site for such disposal. 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 Investiga when the violation has been abated in order to conduct a final ins p ion to co 1 abat ment. Respondent Michell rnold, Director Code rcem t Department Date Da REV 2/23/07 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to 4227 Enterprise Avenue Ltd., c/o Welsh Companies Florida Inc., 2400 Tamiami Trail N., Ste. 100, Naples, FL 34103; William Burke, Esq., 116 Third Street South, Ste. 107, Naples, FL 34102; Jon Fishbane, Esq., R.A., 850 Parkshore Drive, Ste. 300, Naples, FL 34102; 4nd Colonial Square Realty Inc., 1048 Goodlette Road, Ste. 201, Naples, FL 34102 this G day of,2008. K (2,w' vZx" M. JeajXawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. 2319 LLC, Respondent(s) CASE No. 2007040334 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-11 Deed 12-14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007040334 COLLIER COUNTY, FLORIDA, Plaintiff, vs 2319 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: 04/24/2008 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: 2319 J AND C BLVD Rear Unit Naples SERVED: 2319 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 CODEENFORCEMENT 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 DEPT CASE NO.2007040334 VS. 2319 LLC , 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, The Land Development Code, as amended, Sec(s) 10.02.06[B][1][a], 10.02.06[B][1][e] and 10.02.06[B][1][e][i]. 2. Description of Violation: Construction/remodeling/additions of office space done without proper building permits. 3. Location/address where violation exists: 2319 J&C Blvd, Naples (folio # 00245320008). 4. Name and address of owner/person in charge of violation location: 2319 LLC, A. T. Connick , As Registered Agent, 411 E. Hillsboro Blvd, Deerfield Beach, Fl 33441; Registered Agent Replaced By, Cynthia N. Deshields, 2360 Trade Center Way, Naples, Fl 34109 and Steven C. Deshields, Manager, 2360 Trade Center Way, Naples, Fl 34109 (Property Owner) 5. Date violation first observed: April 12th, 2007. 6. Date owner/person in charge given Notice of Violation: September 18th, 2007. 7. Date on/by which violation to be corrected: September 18th, 2007. 8. Date of re -inspection: February 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 'fies that the above -described violation continues to exist; that attempts to secure compliance with the ColliZSnow Code have failed as aforesaid; and that the violation should be referred to tie Collier County Code Enforcement BoDated this 2C Day of /wwck2008 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ,,,,-- S rn (or a ed) and subscribed before this Z� day of / ", (Signature o No Public) (Print/Type/Stamp Commissioned (� Name of Notary Public) Personally known x , or produced identification Type of identificati n produced 2008 by 1�CO""e—STI(, NOTARY PUBLIC -STATE OF FLORMA Shirley M Garcia Commission #DD501305 Expires: DEC. 21, 2009 BONDED THRU ATLANnc BONDING CO., mr- REV 3-3-05 N Case Number 2007040334 COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Ponde:nt CONNICK, A T Date: 8/28/07 Investigator: Tom Campbell Phone: 239-403-2492 (Registered Agent) 2319 L.L.C. Mailing: 411 East Hillsboro Blvd. Deerfield Beach, FL. 33441 Location: 2319 J & C Blvd (Rear Unit). Unincorporated Collier County Zoning Dist Indutrial Sec 11 Twp 49 Rug 25 Legal: Subdivision 100 Acreage Block 119 Lot .000 Folio Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003-37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article II of the Collier County Code of Laws and Ordinances, Section 110-31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy E10.02.06(11)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. E10.02.06(11)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. E10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy 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 ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, \, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 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. 00245320008 OR Book 4230 Page 0121 Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ❑105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. Other Ordinance/Narrative: On 4/12/07 I did observe that a tenant has illegally_ erected an office addition, a stairway and a mezzanine without the reauired Collier County Building Permits,Inspections or Certificate of Occuancy. Order to Correct Violation(s): ❑Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state. ❑Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: 9/18/07 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. Er ,. m ❑ Postage $ Certified Fee C3 O O ark Retum Receipt Fee Here (Endorsement Required) E:3 Restr pti Delivery Fee ❑ (Endom - ru rU Total STEVEN DE 411 SHIEZDS � E. g eDEERFyLLSBO RO L(MGR rBV:D E3 r- - te CHIFL334) 4torP Case Nbr ------- cm _ 2007 040334 tv ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X■ it--ff ❑ Agent Print your name and address on the reverseAddresi so that we can return the card to you. B. Received by ( rinted Name) C e of �v ■ Attach this card to the back of the mailpiece,� 1I or on the front if space permits. livery address different from item 1? D. Is dIf Yes 7. Article Addres§ed to: YES, enter delivery address below: ❑ No STEVEN DE SHIELDS (MGR) t 411 E. HILLSBORO BLVD. DEERFIELD BEACH, FL 33441 3, S�fviceType Certified Mail ❑ Express Mail C s e Nbr — 2007640334 J -1 Registered ❑ Return Receipt for ❑ Insured Mail ❑ C.O.D. Merchand 8 O 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 0 i.mestic Mail Only; No Insurance Coverag&Provided) For.defiver visit our OFFICIAL USE I M Postage $ /y 11�r Certified Fee C3 C3 Return Receipt Fee I ° Postmark Here O (Endorsement Required) C3 Restricted Delivery Fee r3 (Endorsement Required) ru ru 0 2319 L.L.C. rl ATTN: A T CONNICK (R/A) ED 411 E. HILLSBORO BLVD. N DEERFIELD BEACH, FL 3344 or C1. Case Nbr --------•- - 2007040334 r' .�. ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and addreFs on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. ° 1. Article Addressed to: Received by C. ❑ Agent ❑ Address D. Is delivery address different from item 1? U-Yes If YES, enter delivery address below: ❑ No 2319 L.L.C. ' ATTN: A T CONNICK (R/A) 411 E. HILLSBORO BLVD. 3k brAceType DEERFIELD BEACH, FL 3344 Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Marchand! Case Nbr — 2007040334 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7007 0220 0000 4037 0907 (v C PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 S 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 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, § IBB) 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] n 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 http://Iibrary4.municode.comJdefault/DoeView/13992/l /66/68 1 /28/2008 0 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://Iibrary4.municode.com/default/DoeView/13992/l/66/68 1/28/2008 I 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://Iibrary4.municode.com/default/DocView/l 3 992/1 /66/68 1/28/2008 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 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[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 http://Iibrary4.municode.com/default/DocView/13992/l/66/68 1 /28/2008 1. 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 oo� 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://Iibrary4.municode.com/default/DocView/l 3 992/ 1/66/68 1 /28/2008 /0. 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 n 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://iibrary4.municode.com/default/DoeView/13992/1/66/68 1/28/2008 l�: quilJ63 UK: WU YU: U111 n P[Qar� and return to: Ronald L. Platt President Independence Title Insurance, Inc. 205 N.E.Sth Terrace Delray Beach, FL 33444 561-368-3337 File Number: B07-105 Will Call No.: Parcel Identification No. 00245320008 HCOIDID in 01 FICIAL HMIDS of COLLIII C09M, iL 05/16/2007 at 11:2111 may 1. BIM, CId11 =1 1960000.11 11C m 27.11 Doc-.70 1330.01 lets: IMP11DI1CI SI?U 203 a 5!1 nN D1LILY BU(3 IL 33444 Above This Line For Recording Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 14th day of May, 2007 between James C. Magnns, a married man whose post office address is 3391 Oaklake Court, Bonita Springs, FL 34134 of the County of Lee, State of Florida, grantor*, and 2319 LLC, a Florida limited liability company whos t is 411 E Hillsboro Blvd., Deerfield Beach, FL 33441 of the County of Broward, State of FnIo i ala tJ Witnesseth that said grantor, for and '� eration of the sum of T NO/100 DOLLARS ($10.00) and other good and valuable considerations to sai gra aid by said grantee, the eipt whereof is hereby acknowledged, has granted, bargained, and sold to th sai gra d grantees ile�s and a ign forever, the following described land, situate, lying and being in Collier Co nty, to- See Exhibit "A" attached eret an ma e op rt r i l se fo herein. ("1 &--( Grantor warrants that at me obj f this conveyanc the s ec erty is not the Grantor's homestead within the meani gee forth in the constituti f t s orida, nor is it contiguous to or a part of homestead pr Grantor's residenc d o d address is: 3391 Oaklake Court, Bonita Springs, FL 341 �J Subject to taxes for 2007 and su u e onditions, restrictions, easements, reservations and limitations of re, ding code and other use restrictions imposed by governmental authority. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: tr1MTWM A hW L. &SW iarn;�Olagnr wit"is Double'rimes x x x OR: 4230 PG: 0123 "t EXHIBIT A LOT 38, J & C INDUSTRIAL PARK, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, THENCE ALONG THE WEST LINE OF SAID SECTION 11, N 00 10' 36" W, 1,829.95 FEET TO THE CENTERLINE OF A ROAD; THENCE ALONG SAID CENTERLINE N 890 28' 18" E, 4,172.60 FEET FOR A POINT OF BEGINNING; THENCE N 0° 31' 42" W, 472.64 FEET; THENCE N 890 26' 18" E, 100.00 FEET; THENCE S 0° 31' 42" E, 472.69 FEET TO SAID CENTERLINE; THENCE S 890 28' 18" W, 100.00 FEET TO THE POINT OF BEGINNING; BEING PART OF THE NORTH 1/2 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO A DRAINAGE EASEMENT OVER THE NORTHERLY 15.00 FEET AND SUBJECT TO A ROAD EASEMENT OVER THE 5.00 FEET. ROAD EASEMENT INTENDED FOR USE A PUBL �0 S. OR: 4Z30 PG: 0122 State of Florida County of Collier The foregoing instrument was acknowledged before me this t9day of May, 2007 by James C. Magnus, whois personally known or gqhas produced a driver's license as identification. [Notary Seal] Notary, Printed Name: �;r:" "•. AMY LYNNE PESCEITO MY CUJMISSION s CD W822 My Commission Expires: �� L EXPIRES: Novembe' '. 2POe `•: a ��•= : Banded TRrp Nctary PuFM. Mer M:ac �LZER caU\ CD Wurrunn• Deed (Stututon Form) - Page-') Double'rimee /Y COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007040334 Board of County Commissioners, Collier County, Florida vs. 2319 LLC GENT FOR C T-� ,,HfE, 99-\ RESPONDENTS Violation of Section(s) 10.02.06]B][1][a], 10.02.06[B][1][e] and 10.02.06[B][1][e][i], , 04-41, The Land Development Code, as amended. Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007040334 DESCRIPTION OF VIOLATION: Construction/ Remodeling/Additions of office space done 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 permit(s) for all unpermitted construction/remodeling/additions of office space 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 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark S. Bailey, Respondent(s) CASE No. 2007100545 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007100646 COLLIER COUNTY, FLORIDA, Plaintiff vs. BAILEY. MARK S, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 4073/4081 Mercantile Avenue, Naples, FL �-. SERVED: BAILEY, MARKS, 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 CODEENFORCEMENT 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 ice\ 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. 2007100545 MARK S. BAILEY (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) 2.02.03, 4.05.01[A] and 2004-58, The Property Maintenance Code , as amended, Sec(s) 16[2][n]. 2. Description of Violation: Using designated parking spaces for storage. 3. Location/address where violation exists: 4073/4081 Mercantile Ave Naples FI(folio 00278320004) 4. Name and address of owner/person in charge of violation location: Mark S. Bailey, P.O. Box 4546, Winter Park, Fl 32793-4546,( Property Owner) Precast Concepts, 5401 Jaeger Rd, Naples F1 34109, Daniel A. Russetto, As Registered Agent. (Business) 5. Date violation first observed: October 5th, 2007. 6. Date owner/person in charge given Notice of Violation: January 17th,20O7. 7. Date on/by which violation to be corrected: January 30th, 2007. 8. Date of re -inspection: February 27th, 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 pu lic hearing. Dated this 4th Day of _March , 2008 Kltc e now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (o ed) and subscribed before this 4th day of March , Sn tk a- (�i tore of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced 2008 by Kitchell T. NOTARY PUBLIC -STATE OF FLORMA Linda C. Wolfe j Commission #DD739150 '•, of Expires: DEC. 07, 2011 aONDED THitg 111i,AN17E BONDING CO., INC REV 3-3-05 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 12/28/07 Investigator KITCHELL T. SNOW MARK S. BALEY PO BOX 4546 WINTER PARK FL 32793-4646 [PROPERTY OWNER] PRECAST CONCEPTS, INC DANIEL A RUSSETTO AS REGISTERED AGENT FOR 5401 JAEGER RD NAPLES FL 34109 [BUSINESS] Zoning Dist Legal: Subdivision Location: 4073/4081 MERCANTILE AVE Folio 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. 94-41, THE LAND DEVELOPMENT Section 4.05.01 [A) CODE as amended ®Ord No. 04-4L THE LAND DEVELOPMENT Section 2.02.03 CODE ss amended rd No. D4-5B THE PROPERTY Section 16[2][nj MAINTENANCE CDDE,AS AMENDED ❑Ord No. I Section ❑Ord No. as amended Section ❑Ord No. as amended Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 10/5107 OBS DESIGNATED PARKING SPACES UTILIZED FOR STORAGE OF PRODUCTS. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND THE PROPERTY MAINTENANCE CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ❑Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 28D0 No. Horseshoe Dr. Naples, FL 34F (239) 403 2493 (239) 403-2314 Investigator signature VIOLATION STATUS: ®Initial ❑Recurring []Repeat Nntirz of Vinlatinn Orivinal to File (-nnv to Recnnndent l9 Phone: 239-403-2493 I Sec 36 Twp 49 Rng 25 Block Lot D027932DO04 OR 2344 Page 3370 Book ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) 1) REMOVE ANY AND ALL MATERIAL FROM DESIGNATED PARKING SPACES. 2) ADAQUATE OFF STREET PARKING MUST BE PROVIDED FOR CUSTOMERS EMPLOYEES AND VENDORS, 3) ANY USE NOT SPECIFICALLY INDENTIFIED AS A PERMITTED USE FOR THIS PROPERTY AND WITHIN THIS ZONING DISTRICT SHALL BE PROHIBITED. CEASE ANY AND ALL ACTIVITY THAT IS NOT IN COMPLIANCE WITH AND ACCORDANCE TO THE LAND DEVELOPMENT AND THE PROPERTY MAINTENANCE CODE. OF UNICORPORATED COLLIER COUNTY nSupplemental attached ON OR BEFORE: JANUARY 30TM 2008 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $600 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1 D00 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service ❑Certified Mail ❑Posting of Property ❑Fax ❑Mail Signature and Tine of Recipient Print Dated this 28TH DECEMBER 2D07 day of (`nnv for Cite Pnctinv (-nnv for C)ffmial Pnctino Rev 4/04 . 3 w- - — - - - - Ln � (Domestic Mail Only; No Insurance Coverage Providec 71 r-U F6 'r erV into jrrajt'6h visit our website'at wwiv--6sps.comj; C-r 0 F F I C I A L U S F Postage I $ M C3 -Mark S. Baitey mark C3 P We C3 (Endot PO Box 4546 Resth ^Winter Park, FC 32793 C3 (Endon -0 Total nj 9#071OV54-5-- _0 �Sent To C3 C3 UNW-A91W ------------------- -------------- - — ------- r - orPOBox No. City, State, MP+4 • Complete items 1, 2, and 3. Also complete 0 item 4 if Restricted Delivery Is desired. • Print your nameand address on the revers so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Nark S. Bailey PO BOX 4546 'Winter Park, FC 32793 2007100545 2. Article Number (Transfer from service labeo PS Form 3811, February 2004 900, Augusit 20C A. .D. Is delivery address -a If YES, enter delivery 11 Agent El Addresse Date of Deliver I? 0Yes 13 No 3. ;e 'Ere T Ce rtified tlf,:e Mail 0 Express Mall 0 egistered [3 Return Receipt for Merchandis 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes 7006 276*07-r'-@:.99-at-7T684 2350 Domestic Return Receipt /00J'12595-024A-15 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 COLLIER COUNTY LAND DEVELOPMENT CODE 4.04.02 d. For existing access points being monitored (monitoring consists of review and analysis of accident reports, traffic volumes and operating conditions within close proximity to the site), the County Manager or designee may, whether during review of a development order (the same development orders identified in Chapter 10or independent of development order review, approve or required the modification or removal of the access point(s), if such modification or removal is deemed appropriate and necessary based upon monitoring; and if such modification or removal will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s). e. During review of a development order (the same development orders identified in Chapter 10) the County Manager or designee may approve or require elimination of the separate entrance and exit points and their replacement with a single ingress/ egress point if such change will cause one or more of the above conditions to occur and will not have a detrimental effect on the safety, capacity and operating conditions of the abutting roadway(s). 4.05.00 OFF-STREET PARKING AND LOADING 4.05.01 Generally A. Purpose and intent. It is the intent of this section that the public health, safety, comfort, order, appearance, convenience, morals, interest, and general welfare require that every building and use erected or instituted after the effective date of this LDC shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, customers or patrons. It is also the intent of this LDC that certain uses must provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the use continues. B. General applicability. 1. Wherever in any zoning district off-street facilities are provided for the parking or display of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use (including "drive-in" facilities) hereinafter referred to as "other vehicular uses,' such off-street facilities and land shall conform to the minimum requirements of this LDC. 2. Off-street parking and off-street loading facilities shall be provided as set forth in this section. Conforming buildings and uses existing as of the effective date of this LDC may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity or change in use which would require additional off-street parking. 3. Where a conforming building or use existed as of the effective date of this LDC and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as specified in this LDC shall be provided for the additional floor area, volume, capacity, or space so created or used. LDC4:72 0 /,Z34``66) i Oct *4 1 M ORDINANCE NO. 2004-58 kN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILD GS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS bF 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 BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL, CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards. resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where 10—\`' 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 7. 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 owncr 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. C. Every window, exterior door shall be reasonably weather -tight, watertight, and rodent - proof and shall be maintained in sound condition and repair, and secured with proper hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition, free from defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition. 17 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. in. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the ��. sign faces are to be replaced with black panels (permit 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 M 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 detentionlretention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. C. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. g, The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non -complying or any deteriorated signs, posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. in. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracked, missing or broken, the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights -of -way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING l . A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without fast 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 10-1 of a written application by the owner of the property or his authorized representative or contractor, upon 19 /D. 2223649 OR: 2344 PG: 3370 P/E�Return T�lan L. (',^,.sr/, r cal. ADDRESS: E`. Th" Instru ent rrepared�q: NAME: Edward K. Halsey. Esq. ADDRESS: 3105 Cardinal Drive Vero Beach, Florida 32963 PROPERTY APPRAISM I.D.• 02833804002 02833800006 OFIN111 WORDS of COLLIII COOATT, FL T- 9 01:31AM DYIGRT 1, 810C1, CLRRX Coss 154100.00 _ 11C 111 _ 10.50 DOC-.70 1351.71 Ran: ALUJ L Cls11 I 0 BOX 7146 AIATIR A1911 R 33013 714E THIS QUIT -CLAIM DKED, Executed this 6th day of December A. D.1996, by BAILEY INVESTMENTS INC. a Florida corporation whose postoffice address is P. 0. Box 3127, Vero Beach, Florida 32964-3127 first party, to MURK S. BAILEY, a married man whose postoffice address is P. O. Box 4546, Winterpark, Florida 32793 second party: (Wherrver used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires) WITlESSETH: That the said first party, for and in consideration of the sum of i 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the followinn described lot, piece or parcel of land, situate, lying and being in the County of Collier State of Florida, to wit: So-called Parcel 33, of Block "C" of NAPLES INDUSTRIAL PARK, LTD., UNIT M2, more particularly described as follows: Co encinq at the North } corner of S 6` ip 49, South, Range 25 East, Collier County, Florida; THENCE along the t of said Section 36, South 0° -05' -36" East 428.54 feet; THENCE with the E ' �West i line of said Section 36, North 890 -21' -02" East 2 0. feet for the PLA 0 BEGINNING of the Parcel herein described; THENCE continuin p the ast a d y st i line of said Section 36, North 890 -21' -02" East 11 .0 fe E Sout 0° - 8' � 58" East 200.00 feet; THENCE along the North line of he tdn No theast J of said Section 36, South 890 -21'. -02" West 10. 0 fe T r - 8' 58" West 200.00 feet to the PLACE OF BEGINNING; being a ar o t. o th r he t } of Section 36, Township i 49 South, Range 25 East, Col der y, TOGETHER WITH: So-called Par 34 of BLACK "C" LE USTRIAL PARK, LTD., UNIT N2, more particularly described a ows: Commencing at the North } cor Section 36, Tow South, Range 25 East, Collier County, Florida; THENCE along th and South } said Section 36, South 0° -05' -36" East 428.54 feet for the GINN a Parcel herein described; THENCE parallel with the East and West 1 li 0 36, North 890 -21' -02" East 230.24 feet; THENCE South 0° -38' -58" East 20 ENCE along the North line of the South 20D5.80 feet of the Northeast } of said Section 36, South 890 -21' -02" West 232.18 feet; THENCE along the North and South } line of said Section 36, North 00 -05' -36" West 200.01 feet to the PLACE OF BEGINNING; being a part of the North } of the Northeast ! of Section 36, Township 49 South, Range 25 East, Collier County, Florida. 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 WITHESS WERROF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Print nameC!-/ZA/3tTH �L�C�i2�7ry�v Print name ,LZia A4, BAILEY INVESTMENTS, INC., a Florida cor o ation r , By �.� Cc-�•�. L.S. Stephe M. Bailey, President _ L.S. • • • . *** OR: 2344 PG: 3371 8"MCW FIORM •-� couwrir or I EZRIW C3Wr Y that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared to me known to be the personsdeecriUd rnlana'wINeII9Wed the foregoing instrument and he acknowledged before me that he executed the same. WITMFM my hand and official seal in the County and State last aforesaid this/9'1�5 day of [i�OCe,rPil , 1996. Known to me personally 11,j Provided as identification [ USA M :,tJ?ARY PUBLIC t;f'ATE (A I BOMMISSM D is State of Florida at Large. WYCD ON �` 199Y C o u. C 00 FIE CIRCA /7. COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007100545 Board of County Commissioners, Collier County, Florida VS. Mark S. Bailey (Respondent) Violation of Section(s) 4.05.01 [A] ,2.02.03, 04-41, The Land Development Code, as amended and sections 16[2][n], 2004-58, The Property Maintenance Code. Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007100545 DESCRIPTION OF VIOLATION: Designated parking spaces used for storage. 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 all storage from designated parking spaces and provide adequate off street parking for employees, patrons and vendors, according to the specifications of The Land Development Code 04-41, as amended, within 30 days of this hearing or a fine of $150.00 a day will be imposed until such time as the parking spaces are cleared of the illegal storage and utilized for designated parking only. 2. Cease any use that is not in accordance to and compliant with 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Kenneth J. and Barbara Blocker, Respondent(s) CASE No. 2007080462 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 14-15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. KENNETH J. AND BARBARA BLOCKER, Respondent Dept. Case No. 2007080462 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: April 24, 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: 821 Main Street West, Immokalee FL SERVED: Kenneth J. and Barbara Blocker, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:OOAM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU OPERATIONS COORDINATOR COLLIER COUNTY, FLORIDA 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Telephone (239) 403-2343 Facsimile Mailed: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KENNETH J. AND BARBARA BLOCKER (Respondent(s) DEPT CASE NO.2007080462 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, a amended, 16[2][i]. 2. Description of Violation: Sign erected without proper permits. 3. Location/address where violation exists: 821 Main Street West, Immokalee Fl (folio # 00127360005) 4. Name and address of owner/person in charge of violation location: Kenneth J and Barbara Blocker, 110 12'h Street West, Immokalee F134142 5. Date violation first observed: August 8th, 2007. 6. Date owner/person in charge given Notice of Violation: September 27th ,2007. 7. Date on/by which violation to be corrected: October 24h, 2007. 8. Date of re -inspection: February 27th, 2008. 9. Results of Re -inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official herebyAublic es that the above -described violation continues to exist; that attempts to secure compliance with the Collier Countyhave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board forahearing. Dated this 12th Day of March_ 2008 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 12th day of March , 2008 by MARLENE G SFR0AKin (i of otary P lic) t?p56:18VS17a �pf iss' �ned My e prch 04 2 009 Personally known or produced identification Bonded thru 1st State Insurance Type of identification produced _ REV 3-3-05 F Case Number 2007090462 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION KENNETH J & BARBARA BLOCKER Date: 9/20/07 Investigator KITCHELL T. SNOW Phone: 239-403-2493 110 le STREET IMMOKALEE FL 34142-3826 [PROPERTY OWNER] TXS CHINESE RESTAURANT 821 MAIN STREET WEST IMMOKALEE, FL 34142 [ BUSINESS OWNER] Zoning C Sec 04 Twp 47 Rng 29 Dist Legal: Block Lot Subdivision Location: Folio 00127360005 OR 1155 Page 961 821 MAIN STREET WEST 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. ®Ord No. 04-41. THE LAND DEVELOPMENT Section CODE as amended ®Ord No. 04-41. THE LAND DEVELOPMENT Section CODE as amended ®Ord No. 04-41. THE LAND DEVELOPMENT Section /1 CODE as amended d No. 04-41, THE LAND DEVELOPMENT Section CODE as amended ❑Ord No. 94-41, THE LAND DEVELOPMENT Section CODE as amended []Ord No. , as amended Section 10.02.06[b][21[al 10.02.06[B][2][d][i x] 16[2][i] DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 8/8/07 1- POLE SIGN COPY READS TJ'S CHINESE INSTALLED PRIOR TO OBTAINING VALID COLLIER COUNTY PERMITS. THIS IS CONTRARY TO THE COLLIER COUNTY ORDINANCES(S) AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ❑Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT KITCHELL T. SNOW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, FL 34 (239) 403-2493 239) 403-2324 Investigator signature '--""rIOLATION STATUS: ®Initial ❑Recurring ❑Repeat ORDER TO CORRECT VIOLATION(S) : You are directed by this Notice to take the following corrective action(s) OBTAIN VALID COI LER COUNTY PERMITS FOR SAID SIGN. ATF PERMIT FEES ARE TO APPLY. ALL INSPECTIONS THROUGH CO MUST BE ACCOMPLISHED WITHIN 60 OF AFTER THE FACT PERMIT ISSUANCE. CEASE DISPLAYING ANY SIGN THAT DOES NOT COMPLY WITH COLLIER COUNTY CODES AND LAWS. ❑Supplemental attached Zy44- ON OR BEFORE: OCTOBER,31'H 2O07 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service ®Certified Mail []Posting of Property ❑Fax ❑Mail Signature and Title of Recipient Print Dated this 20th SEPTEMBER 2007 day of T.T..t;,._ t„ F;lP ("n—to P—nri—t O'nnv fnr .Qite Pn-tino C'nnv fnr Official Pnctinv Rev 4/04 cJ ■ Complete items 1, 2, and 3. Also complete A. Signat Item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and address on the reverse ddres: so that we can return the card to you. B. Received by (Printed Nam4 C. Date Delivr ■ Attach this card to the back of the mailpiece, \ or on the front if space permits. D. Is delivery address drfferent from Rem 1? ❑ as 1. Article Addressed to: If YES, enter delivery address below: No BLOCKER, BAF KENNETH J=& � { 110 12TH ST IMMOKALEE, FL 34142-382`_ Service Type Case Nb r- 2007080462 Certfiad Mail ❑ Express Mail egistered ❑ Return Receipt for Merchandl ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. 7007 0220 0000 4036 9307 �()N 01 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-f r1- ,, o 0 m Ir ^• - 1=1CIAL USE m C3 S Postage $ Certified Fee � r-3 Return Receipt Fee Postmark Here M (Endorsement Required) 0 Restricted Delivery Fee fFnrinrcwmgn}Rw ,flmwfi Q ri-I ru M BLOCKER, KENNETH J=& BAF 110 12TH ST r- IMMOKALEE, FL 34142-382� o--------------- Case Nbr - 2007080462 h 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 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[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 http://libraryl.municode.com/mcc/DocView/13992/l/66/68 6/26/2007 growth management plan. B. Building or Land Alteration Permits. /1-: 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 en -or. 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://Iibraryl.munioode.com/mr-r,/DocView/13992/l/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 http://Iibraryl.municode.com/mcc/DoGView/13992/l/66/68 6/26/2007 T 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://IibraryI.municode.com/mcc/DocView/I3992/l/66/69 6/26/2007 C. 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. Vegetation Removal permit requirements. ORDINANCE NO.2004-58 ORDINANCE ESTABLISHING A PROPERTY INTENANCE CODE FOR THE UNINCORPORATED AREA COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; _ DVIDING 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,%S; PROVIDING FOR STANDARDS FOR THE REPAIR \OR DEMOLITION OF HAZARDOUS BUILDINGS BY T E COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS bF 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 BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- 58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAI, CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE.. - __ Fn C7� N nrn — WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards. resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions within the unincorporated areas of Collier County where 11.1k, 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 is 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. li. 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 be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the ^• sign faces are to be replaced with black panels (permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds grass and other flora. 18 C. Every owner of a building, structure or lot, previously improved or occupied, shalt grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, �1. 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 Iot 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. r i. Every owner of a building, structure or Jot, 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. Ali 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 19 131 M cM 0 we C3 C 42 o C.)tL "A fl 0 c.> L I� w —4 1. • 2a :. Wallis,"" Do" ttarataar 44MCa rO4rn t. 1•Nryln ar t S ao! Indent !N7 fSore, ?lade this V fray of September . A I) 1985,NdWM CLEVELAND A. BLACKER, t a single man, and CAROLYN F. BLACKER, a single woman, i of the ('aunty of Collier in Ike `late of Florida part ies of the first part. and IKENNETH J. BLACKER and BARBARA J. BLOCKER, husband and wife, of the County of Collier . in the Stale of Florida . whose frost office address is 1303 W. Newmarket Road, Ilmnokalee, Florida 33934, Part iesf of -twond part. W`—, That the said part ies of Ike first part. for and in consideration of Ike sum of TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATION -9A6m- to them in kand paid by tke said part ies of the second part. the receipt wkereof is hereby acknowl- edged, ha Ve granted, bargained. and sold to Ike said parties of the soconel part, their hewn and assigns forever. the following described band, situate. and twin" in the County of Collier Clale of Florida . to .,if: SEE ATTACHED LEGAL DESCRIPTION. ' Subject to easements, restrictions, reservations of record, any mortgages, and to taxes for the ear. Received S Cx.:r :cntory Sta To' Cc ;er County, Flo 1 Vl,.; 1. Reagon, t r (0— bvI/ And Ike said part ies of th'I do hereby fully warrant i same ainst tker lawful claims ol a— s whomsoever. I � I, �n illitrtess �Nhtreof, T ti hand s and seals the day and year first a ttt I! Signed and delivered fA the rjesence of 1 �' r,� j� � '�Lt✓ t STATE OF FL()RIDA. cc1C�'n� nF COLLIER cri rTr d Land. and will defend tke Ve hereunto set their J '7' _._. �s.k.....® 1 HEREBY CERTIFY that oo this day, before me, an officer duly authorized in the- State aforesaid and in the County aforesaid to take arknowircigmenn, personally appeared CLEVELAND A. BLACKER, a single man, and CAROLYN F. BLACKER, a single woman, to me known to be the person 8 described in and who executed the foregoing iostruaten. and they acktsowbdged Wore me thatthey executed the same. yx WFP.4ES5 sny Land and official seal in the County and Stair last aforesaid this day at September A/ D. 19 85. 7 ......................... • NOPUBLI: �� My Commissiopr vzpies: H. f - 5 '17u; ludnrmrnt pnparrd by: Thomas K. Boardman PREPARATION OF INSTRUMENT 1400-A 15th Street North ONLY 1.4/rrtc Immokalee, Florida 33934 O 0 O t:o 14= �I155 000962 OR 600K PAGE Commencing at the Northwest corner of the Southeast 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida, run southerly along the North -South 1/4 line which is the centerline of Ninth Street 210 feet; thence easterly and parallel with the centerline of State Road No. 29, 30.00 feet to the East right-of-way line of Ninth Street for the Point of Beginning; thence northerly along the East right-of-way line of Ninth Street 160.00 feet to the intersection of the South right-of-way line of State Road No. 29; thence easterly along the South right-of-way line of State Road No. 29, 127 feet; thence southerly and parallel with Ninth Street 160.00 feet; thence westerly and parallel with State Road No. 29, 127 feet to the Point of Beginning. AND Commencing at the Northwest corner of the Southeast one - quarter of Section4, Township 47 South, Range 29 East, Collier County, Florida, run easterly along the centerline of State Road No. 29, 210.0 feet; thence southerly and parallel with Ninth Street 50.0 feet to the south right of way line of State Road No. 29 for the Point of Beginning; thence continue southerly alon ne 160.0 feet; thence westerly and parallel wit o 53.0 feet; thence northerly and pa t 65.0 feet; thence easterly and p ith State 29, 28.0 feet; thence northerly an a el with Ninth St e, .0 feet to the south right of a ne of State Road No. 29; hence easterly along sa' ri t-vf—way( line 25.0 fee to he Point of Beginning. Q w- Crk oi�C,.w•:.wrt 04/23/2008 10:53 FAX 239 226 4542 ANDERSON & ASSOCIATES IM002 rage i or L Original Message From: John D Anderson <JDAPhDQcomcast.net> To: Ken Slocker <blocker2001 @aol. com> Sent: Mon, 21 Apr 2008 9:31 am Subject Fw: 821 STIP3 Ken, Here is the latest revision from Kitchell Snow. J. ---- Original Message From: SnowKitchell To: John D Anderson Cc: amoid mm Sent: Friday, April 18, 2008 3:27 PM Subject 821 STIP3 Sir. Here is the revised edition that you requested. I hope this works for you and the Slockers. I will contact you early next week. Thank you. Kitchell Snow BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. DEPT NO. 200708W2 KENNETH J AND BARBARA BLOCKER Respondent(s), STIPULATIONIAGREEMENT COMES Now, the undersigned, , onftehalf of himself or as representative for Respondent and enters into this Stipulation and Agreementwith Collier County as to the resolution of Notices of Violation in reference (case) number 2007O8W2 dated the--n?", day of April , 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 April , 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resokikm 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) 04-41, The Land development Code ,Sections(s) 10.02.06 [13][2][a], 10.02.06[B)[2][d][ix] and 2004-58, The Property Maintenance Code, section(s) 16[2)[i]. **IT IS IMPORTANT TO NOTE THAT WE WERE NOT AWARE OF THE VIOLATION UNTIL INSPECTOR SNOW'S INTIAL NOTICE OF VIOLATION AND SUBSEQUENT RESEARCH.** 6� THEREFORE, it is agreed between the parties that the Respondent shall; 1. Pay operational costs in the amount of $411.46 incurred in the prosecution of this case within 30 days of the date of this hearing. 2. Abate all violations by: about:blank 4/21/2008 04/23/2008 10:53 FAX 239 226 4542 ANDERSON & ASSOCIATES 2003 Page z oz L M t�0 2_ Abate all violations by: A. Obtain permits fo with all inspections through certificate of completion (CO) accomplished withind:yTof the date of this hearing or a fine of $150.00 a day will be imposed until such time as the sign is permitted and coed or obtain a demo permit and remove sign with all inspections through certificate of completion accomplished within OW.a 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 removed Discard sign and structure to site suitable for such disposal. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abate ent. R6sWqder<J Michelle Arnold, Director - - Code Enforcement Department Date t�•23 •D� _ Date i 4/21/2008 about.blank COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007080462 Board of County Commissioners, Collier County, Florida vs. KENNETH J. & BARBARA BLOCKER (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]. Kitchell T. SNOW, Code Enforcement Official Department Case No. 2007080462 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: 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). 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 223/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KENNETH J. AND BARBARA BLOCKER, Respondents CEB NO. 2007080462 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 24, 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: That Kenneth J. and Barbara Blocker are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 821 Main Street West, Immokalee, FL, Folio 00127360005 more particularly described as (See legal description) is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a) and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58, The Property Maintenance Code, as amended, Section 16(2)(i) 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) and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58, The Property Maintenance Code, as amended, Section 16(2)(i) be corrected in the following manner: l . By obtaining permits for said sign with all inspections through certificate of completion within 120 days (August 22, 2008). 2. In the alternative, by obtaining a demolition permit and removing sign with all inspections through certificate of completion within 120 days (August 22, 2008). By discarding the sign and structure to a site suitable for such disposal. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 22, 2008, then there will be a fine of $150 per day for each day until such time as the sign is permitted and CO'ed. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by August 22, 2008, there will be a fine of $150 per day for each day until such time as the sign is removed. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $411.46 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day oK , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COL R COUNTY, FLORIDA BY: 4L Richard nb 'ng , Vice -Chair 2800 North shoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this A day of 2008, by Richard Kraenbring, 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. IN I snnE140 MY COMMISSION �rl c:3w95 EXPIRES: Ju a 18, 2011 Q�� Dunde,�'fhn; NMu;uMic Underx�e� �kf,th NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Kenneth J. and Barbara Blocker, 110 121h, Street, Im okalee; FL 34142 and T. J.'s Chinese Restaurant, 821 Main Street W.. Immokalee, FL 34142 this Zss`day o 2008, Ms.^'�. cfiU %c5 i , I NI. w., . Jean wson, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board I H'<REBY CERT1`r' Ti 1� th'; �3 !>l 400 Fifth Avenue S., Ste. 300 :orred copy of ij` `ceument cnI#i48 ftl Naples, Florida 34102 Hoard Mtnutesl 'i ".I. r�:ras ofpilier County (239) 263-8206 �{ IT. S-S my* d.at- { this , day G ' -)WIGHT E. B4GKG I }t Ol OURT 04/23/2008 10:53 FAX 239 226 4542 ANDERSON & ASSOCIATES IM002 rage i oI G Original Message--� From: John D Anderson <JDAPhD@comcast.net> To: Ken Stocker<blocker'2001Caol.com> Sent: Mon, 21 Apr 2008 9:31 am Subject Fw: 821 STIP3 Ken, Here is the latest revision from Kitchell Snow. J. ------ Original Message -- Frorn: SnowKitcheil Joi To: n i? Anderson Cc: amoid m Sent: Friday, April 18, 2008 3:27 PM Subject: 821 STIP3 Sir. Here is the revised edition that you requested. I hope this works for you and the Slockers. i will contact you early next week. Thank you. Mhell Snow BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. DEFT NO. 2007080462 KENNETH J AND BARBARA BLOCKER Respondent(s), STIPUI.ATIONIAGREEMENT COMES NOW, the undersigned, on half of himself or as repreSent?tive for Respondent and enters into this Stipulation and Agreemerrt with Collier County as to the resolution of Notices of Violation in reference (case) number 2007080462 dated the --nil— day of April , 2008. in consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is cunrently scheduled for April , 2008; to prone to efficiency in the administration of the code erdorcement process; and to obtain a quids and expediiivus 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) 04-41, The Land Development Code ,Sectione(s) 10.02.06 (13)[2][a], 10.02.06[B][2][d][ix] and 2004-58, The Property Maintenance Code, section(s) 16[2)[i]. **IT IS IMPORTANT TO NOTE THAT WE WERE NOT AWARE OF THE VIOLATION UNTIL INSPECTOR SNOW'S INTIAL NOTICE OF VIOLATION AND SUBSEQUENT iRESEARCH.** 6� THEREFORE, it is agreed between the parties that the Respondent shall; 1. Pay operational costs in the amount of $411.46 incurred in the prosecution of this case within 30 days of the date of this hearing. 2. Abate all violations by: about:blank 4/21/2008 04/23/2008 10:53 FAX 239 226 4542 ANDERSON & ASSOCIATES IJ 003 Page:z of :1 r 2. Abate all violations by: A. Obtain permits fo said sign with all inspections through certificate of completion (CO) accomplished 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 and coed or obtain a demo permit andfd remove sign with all inspections through certificate of completion accomplished within Oki', 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 removed. Discard sign and structure to site suitable for such disposal. B. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abate ent ? Ze RbsWndenU A �- Michelle Arnold, Director Code Enforcement Department Date 23 •D'1� Date about;blank 4/21/2008 c� Q u W N r C%4r O t` t-) &" f� C" W J I. O = o v wasase" twee ttata/aaP —mce, room s YNOTO e $ sn az Tit's Indenturet fMade this Z-171-1 ref September .1. /) 1465, DdWN CLEVELAND A. BLACKER, 1 a single man, and CAROLYN F. BLACKER, a single woman, of the (ouniv of Collier in tlee Stotr of Florida ,pfirst ort leg °� the Part. and !KENNETH J. BLACKER and BARBARA J. BLACKER, husband and wife, of the County of Collier in the State of Florida Whose post office address is 11303 W. Newmarket Road, Immokalee, Florida 33934, Part ies of tier severed part. Wh10554, That the said part ies of tier first part. for and in consideration of the sum of TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATION -00611a- to them in hand paid by flee said part i es of the second part. the ree-eipt whereof is hereby acknowl- eelged, ha ve pranled. bargained. and sold to the said parties of thr second part. their heirs and assigns forever. the following described land, situate. and Iwinit in the County of Collier State of Florida , to u,it: SEE ATTACHED LEGAL DESCRIPTION. Subject to easements, restrictions, reservations of record, any mortgages, and to taxes for the ear. Received 5 5519* 0"", "�' 0 Dx�r :crtory 5to To Cc: ec Ccunty, Flo i Wi.y'�n J. Reagon, . I r bv/i _ hrD.' And the said part ies of the to do hereby fully warrant i same against the lawful chsims o /l�' s u.homsoroer. IS *4I[C[Yl, �i4 T. ` hand S and seal S the day and year I� Signed and delierred to the ",gene of ,J af,f�... �,.�� ' •cam li f STATE OF FLORIDA, COUN n- t IF COLLIER M land, and will defend the ve hereunto set their I HEREBY C:ERTIFS' that un this day, before nee, an offierr duly authorized in the Stair aforesaid and in the Cuunty aforesaid to take a rknorlydgments, personally appeared CLEVELAND A. BLOCKER, a single man, and CAROLYN F. BLOCKER, a single woman, to me known to be the person s described in and who executed the foregoing instrumen. and they acknowledged before sae theathey executed the estate. WITtiESS ate taad and official seat in the County and Stair last aforesaid this day of September AID. 19 8 5 . 7 .... ......................... NOL PUBLI My Commissiopnflxpi es: - - --A I7w ImIntaotn preparrd by: Thomas K. Boardman PREPARATION OF INSTRUMENT 1400-A 15th Street North ONLY �'le/nv Immokalee, Florida 33934 0 7 CA Cr 0 1. , rr I ISS (!00962 H BOOK PAGE Commencing at the Northwest corner of the Southeast 1/4 of Section 4, Township 47 South, Range 29 East, Collier County, Florida, run southerly along the North -South 1/4 line which is the centerline of Ninth Street 210 feet; thence easterly and parallel with the centerline of State Road No. 29, 30.00 feet to the East right-of-way line of Ninth Street for the Point of Beginning; thence northerly along the East right-of-way line of Ninth Street 160.00 feet to the intersection of the South right-of-way line of State Road No. 29; thence easterly along the South right-of-way line of State Road No. 29, 127 feet; thence southerly and parallel with Ninth Street 160.00 feet; thence westerly and parallel with State Road No. 29, 127 feet to the Point of Beginning. AND Commencing at the Northwest corner of the Southeast one - quarter of Secticn4, Township 47 South, Range 29 East, Collier County, Florida, run easterly along the centerline of State Road No. 29, 210.0 feet; thence southerly and parallel with Ninth Street 50.0 feet to the south right of way line of State Road No. 29 for the Point of Beginning; thence continue southerly alon ne 160.0 feet; thence westerly and parallel wit o �53.0 feet; thence northerly and pa I t 65.0 feet; thence easterly and p ith State 29, 28.0 feet; thence northerly an a el with Ninth St e, .0 feet to the south right of a ne of State Road No. 29; hence easterly along sari t-vfway line 25.0 fee to he Point of Beginning. 10 �� rC�COU bL1:F.. • ' .pw C-k of C.—I uwr} COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. TT of Pine Ridge, Inc, Respondent(s) CASE No. CES20080002403 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-6 Deed 7-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20080002403 COLLIER COUNTY, FLORIDA, Plaintiff vs. TT OF PINE RIDGE 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sign Permit - Expiration 10.02.06(B)(2)(e) LOCATION OF VIOLATION: 3650 Pine Ridge Road SERVED: TT OF PINE RIDGE 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 COMMISSIONERS -OFFICE l . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CES20080002403 vs. TT OF PINE RIDGE 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, The Land Development Code, as amended, Sec(s) 5.06.04[B][2], 5.06.04[3][4] and 5.06.05[B][5]. 2. Description of Violation: Construction signs displayed improperly on property 3. Location/address where violation exists: 3650 Pine Ridge Road (folio # 00287560004). 4. Name and address of owner/person in charge of violation location: TT of Pine Ridge Inc, Terry Taylor, As Registered Agent, 515 N Flagler Dr Suite P400, West Palm Beach FL 33401 (Property Owner) 5. Date violation first observed: August 17th, 2007 . 6. Date owner/person in charge given Notice of Violation: November 5th, 2007, (Case # 2007080811). 7. Date on/by which violation to be corrected: November 22nd, 2007. 8. Date of re -inspection: February 22nd, 2008. 9. Results of Re -inspection: Recurring Violation. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official he y ertifies that the above -described violation continues to exist; that attempts to secure compliance with the Collier C unty C de have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board f r a pu is hearing. Dated this 4th Day of March 2008 tch T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 4th day of March, 2008 by Kitchell T. Snow (Sigd`ture of Notary Public) -- Yrmv 1 ype/-N a Lommissionea State Personally known or produced identification Notary Public off Florida Comm No DD 401145 Type of identification produced My Comm expires March 04, 2009 ; Bonded thru 1st State insurance REV 3-3-05 Ovv Ter ��F PINE RIDGE INC TERRY TAYLOR AS REGISTERED AGENT: 515 N FLAGLER DR SUITE P400 WEST PALM BEACH FL 33401 [PROPERTY OWNER] COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Date: 10/29/07 Investigator KITCHELL T. SNOW Zoning Dist Legal: Subdivision C U Phone: 239-403-2493 Sec 18 Twp 49 Rng 26 Block Lot Location: 3650 PINE RIDGE ROAD (NAPLES NISSAN) Folio 00287560004 OR 4279 Page 3506 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. ®Ord No. 94-41, THE LAND DEVELOPMENT Section 5.06.04[B][2] CODE as amended ®Ord No. 04-41, THE LAND DEVELOPMENT Section 5.06.04[B][4] CODE as amended ®Ord No. 04-41, THE LAND DEVELOPMENT Section 5.06.04[l][5] 11_` CODE as amended d No. Section ❑Ord No. Section ❑Ord No. Section DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ON 8/17/07 1-GROUND SIGN COPY READS PLUMBING 20 SQ FT, 1- GROUND SIGN COPY READS CONSTRUCTION SERVICES OF FL 32 SQ FT, 1- GROUND SIGN CUSTOM FACILITIES 32 SQ FT. THIS IS CONTRARY TO THE COLLIER COUNTY LAND DEVELOPMENT CODE AND MUST BE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ®Supplemental attached ORDINANCE INQUIRIES AND COMMENTS SHOULD BE DIPECrEp TO CODE ENFORCEMENT KIT CH L T. S OW INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, FL 341 (239) 403-2314 F • 239) 40 -2493 Investigator signature '—%''IOLATION STATUS: ®initial ❑Recurring ❑Repeat ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s) REMOVE ANY EXCESS SIGNAGE OTHER THAN rriE ALLOWABLE 1- 32 SQ FT GENERAL CONTRACTOR SIGN AND THE ALLOWABLE 4 SQ FT SIGN FOR EVERY OTHER CONTRACTOR, LENDING INSTITUTION, OR OTHER SIMILAR AGENCY. CEASE PALCEMENT OF ANY SIGN NOT IN COMPLIANCE WITH THE LAND DEVELOPMENT CODE OF UNICORPORATED COLLIER COUNTY. ❑Supplemental attached ON OR BEFORE: NOVEMBER 22ND 2007 Failure to correct violations may result in: 1) Mandatory notice to appear in court or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: ❑Personal Service Certified Mail []Posting of Property ❑Fax ❑Mail Signature and Title of Recipient Print Dated this 29TH day of OCTOBER 2007 Nntice nfvinlatinn Orivinal to File Cam to Remnnrient Cnnv fnr Cite Pnctinv (,nnv fnr Official Pnctinv Rev 4/04 COMPLETES SECTION ON DELIVERY • ■ Complete items 1, 2, and 3. Also complete %�§Wjmiture` item 4 if Restricted Delivery is desired. X [I Agent o Print your name and address on the reverse ❑ Addresse so that we can return the card to you. B. Received by (Printed Name) C. Date of Deliver ■ Attach this card to the back of the mailpiece, or on the front if s ace P ermits P D. Is delivery address different from Rem 1 ? D. 1. Article Addressed to: If YES, enter delivery address below: ❑ No FREELAND AND SCHUH INC _ a r3=" aft; i /;: -d'• TT OF PINE RIDGE INC/TERRY TAYLOR R/A tr:v 'J 515 N FLAGLER DR. SUITE P400 WEST PALM BEACH, FL 33401 �.erviceType Case Nb r - 2007080811 , -Certified Mail ❑ Express- 0 Registered ❑ Return Receipt for Merchandle ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Aft 7007 0220 0000 4038 4850 VS- fl3/N0V rT� PS Form 3811, February 2004 Domestic Retum Receipt i I a a-- 102595o2-M-15 Lo S m IE m O Postage $ Certified Fee O Postmark r3 Return Receipt Fee Here p (Endorsement Required) 0 Re r-3 (En fu FREELAND AND SCHUH INC fu T TT OF PINE RIDGE INC/TERRY TAYLOR R/I 515 N FLAGLER DR. SUITE P400 r`- Sei WEST PALM BEACH, FL 33401 C3 sn lti or. Case Nbr - 2007080811 City, — . .. . 6flrwmr �111 . h 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 undeveloped parcels 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://libra.ryl.municode.com/newords/DocView/13992/l/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 nonresidenti ally zoned districts subject to the restrictions below: 1. Pole or ground signs. Sing le-occu pan cy parcels , 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 -occupancy parcels , 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://Iibraryi.municode.com/newords/DocView/13992/l/36/42 10/17/2007 4069947 OR: 4279 PG: 3506 V) 11C01Dn in o7FICI1lL 11C01DS of Gown mum, n 09/10/2007 At 11:42M DWIGHT 1. SIIM, CL11t CONS 15000010.00 �-. Prepared By and Return to: RIC 111 44.00 DOC-.70 105000.00 Marie C. Santoro, CLA Zeta: Greenberg Traurig, P.A. G1111311G TUUIIG 401 East Las Olas Boulevard, Suite 2000 401 1 US OCAS BLVD 12000 Fort Lauderdale, Florida 33301 FT UUDBRMS It 33361 Property Appraiser's Identification No's.: 00287160004 and 00287160006 WARRANTY DEED THIS WARRANTY DEED made and executed the !t day of September, 2007, by FREELAND AND SCHUH, INC., a Florida corporation (the "Grantor"), to TT OF PINE RIDGE, INC., a Florida corporation, whose address is 515 N. Flagler Drive, P400, West Palm Beach, Florida 33401 (the "Grantee"): ( Wherever used herein the terms heirs, legal representatives and a WITNESSETH: That valuable consideration, receipt sell, convey unto the Granter "Property"), viz: See Exhibit "A" TOGETHER with all the anywise appertaining. ee ies to this instnrment and the and the succes igns of corporations) rr i r md-in nside iok of the sum of S 10.00 and other 9T"N ese presents does grant, bargain, P m Beach County, Florida (the � d hereto and by t�fer ade a part hereof.. . - i purtenances thereto belonging or in TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor does hereby covenant that it is lawfully seized of the Property in fee simple; (ii) has good right and lawful authority to sell and convey the Property, and (iii) that except for the title exceptions set forth on Exhibit "B" attached hereto and made a part hereof, none of which shall be reimposed, Grantor does fully warrant the title to the Property and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the Grantor has caused these presents to be executed the day and year first above written. Error! Un► "oo" document property name. 1. OR: 4279 PG: 3507 Signed, sealed and delivered in the presence of IA..- r- 601A� nn Name: Print Name: S Le--t-, STATE OF T I Cxi(Irs— ) )SS: COUNTY OF CUI (► e C ) The foregoing instrument was Freeland, Chief Executive Offi behalf of the corporation, who as identification. [NCITARIAL ti P+ Comm/ 9onHad Rru Fbrida Not Error! Unknown document property name~ FREELAND AND SC.13111H, INC., a Florida corpor Bv: Bcmard/G. Freeldnd, Chief Executive Officer '6R Co l b f this tEELAND AND SC "awarde�f e`� me, Notary My cor 2 of September, 2007, by Bernard G. \\INC., a Florida corporation, on ;r�onally known to me or produced IN OR: 4279 PG: 3508 EXHIBIT "A" The East 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 49 South, Range 26 East of Collier County, Florida; LESS AND EXCEPT that portion of property described as Parcel No. 120 in Stipulated Final Judgment recorded in Official Records Book 1018, Page 159, of the Public Records of Collier County, Florida; AND LESS AND EXCEPT that portion of property described as Parcel No. 123 in Order Taking recorded in Official Records Book 2660, Page 3375, of the Public Records of Collier County, Florida; and Stipulated Final Judgment recorded in Official Records Book 3488, Page 93, w of sards. Q AND LESS AND EXCEPT o prope Whippoorwill Lane as d - in Quit Claim Deed in Official Records Book 308 5, of the Public R r of Collier County, Florid ; AND LESS AND EXCEPT e s f th --o Northeast 1/4 of th No est / of o shi 4S South, Range 26 E i r. a --*-*N Error! Unknown document property name. 3 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CES20080002403 Board of County Commissioners, Collier County, Florida Vs. TT of Pine Ridge Road Inc, Respondent(s) Violation of Section(s) 5.06.04[B][2], 5.06.04[B][4] and 5.06.04[B][5], , 04-41, The Land Development Code, as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO. CES20080002403 DESCRIPTION OF VIOLATION: Construction 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 construction sign that is not the proper size and in the proper location within 7 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. 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 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Yunier Ortiz CEB No. 2007-120 DEPT No. 2007040560 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007040660 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ORTIZ, YUNIER E, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermitted erection of wooden privacy fence, aluminium shade awning and improvements including electical and plumbing made to lanai enclosure and kitchen. LOCATION OF VIOLATION: 2831 44th TER SW Naples, FL SERVED: ORTIZ, YUNIER E, Respondent Robin Ganguli, 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 CODEENFORCEMENT 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 FINESILIEN CEB CASE NO. 2007-120 DEPT. CASE NO.2007040560 Board of County Commissioners vs. Yunier E. Ortiz Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41 as amended, the Collier County Land Development Code, Sections, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), & 10.02.06 (13)(1)(e)(i). Location: 2831 44`h Ter. S.W. Naples, FL 34116 Folio # 35999920004 Description: Unpermitted erection of wooden privacy fence, aluminum shade awning, and improvements including electrical and plumbing made to lanai enclosure and kitchen. Past Order(s): On November 29, 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 4309 PG 1323, for more information. The Respondent has complied with the CEB Orders as of November 29, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 338.93 See below. Order Item # 6 Operational Costs of $338.93 have not been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIEID R COUNTY, FLORIDA, ta: " x as " " w is Pa Petitioner, m x VS. CEB N0.2007-120 PUNIER E. ORTIZ, Respondent FINDINGS OF FACT CONCLUSIONS tw OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 29, 2007 testimony under oath, received a Q a the Board, having heard evidence, and heard respective to all appropriate Findings of Fact, Conclusions o of Law, and Order of the Board, as follows:and matters, thereupon issues its :�: � .-� FINDINGS OF FACT •v � 1 • That Yunier E. Ortiz is the owner of the subject property. y � 2 That the Code Enforcement Board has jurisdiction of the person of the Respondent Respondent, having been duly notified, �a h c� o�� an d that the appeared at the public hearingb Moncada, his representative. 3. r 0-0 That the Respondent was notified of the date of hearing b certified Y fed r-' 4� " L. mail and by posting. 4. That the real property located w at 2831 441h Terrace S.W., Naples, Florida 34116, Folio 35999 particularly described as Lot 11, Block 100, GOLDEN GATE Plat Book 5, Page,97 more UNIT 3, according to the Plat thereof, recorded in corde through 105, inclusive, of the Public Records of Collier County, Collier County r Collier County Ordinance 04-41, •� is in violation9 the Land Development Code, as amended, of FloridaFlori06 O and 10.02.06 B 1 sections B 1 O( )(a). ( )( )(e)(i) in the following particulars:ba Unpermitted erection of wooden privacy fence, aluminum shad electrical and plumbing made to lanai enclosure e awning and imp ba and kitchen. rovements including ORDER OF THE BOARD = ' Q 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 sec 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06 B 1 e i be corrected in the following manner: ( )( )( )O bons 1 • By obtaining all Collier County building permits, all required inspections and certificate of occu a within 90 days (February 28, 2008); p ncy 2 2. In the alternative, by obtaining a Collier County demolition permit, all required inspections and certificate of completion for restoring structure to its original condition within 90 days (February 28, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 28, 2008 , then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by February 28, 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 and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $338.93 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited toappela es of review of the record created within. Filing an Appeal shall. not stay the Board's Order. DONE AND ORDERED this Florida. day of �c.L , 2007 at Collier County, ^ STATE OF FLORIDA ) COUNTY OF COLLIER))SS: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. A90 Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this day oft 1 !0 E. V- 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is Personally known to me or r/who has produced a Florida Driver's License as identification. KRISTINE HOLTON MY COMMISSION # DD 686 995 NOTARY My 7 EXPIRES: June 18, 2011 commission expires: pTres: Bonded Thru Notary Pic Underwdtere t.Vnlijh1 ;runty of COLLIER HEREBY CERTIFY;; THAT this Is a true and ,)rrect coo'.,, P a.gocu 'ent on tile In,.� aerd A+0-#'ri $;:tan ;Regord&ot Collier Counly 'rSfiY a'na:t iCI seat this Of I � Rf2 I ::CLE ,.-OF COILIUS j 9.i°i. . 9 1--.a W Lam.) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Yunier E. Ortiz, 2831 44`h Terrace S.W., Naples, FL 34116 this `44- day of 2007. j�P� M. Jeane, wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 . Naples, Florida 34102 (239)263-8206 O 0 tv { COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Ortiz, Yunier E., Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.2007-120 DEPT CASE NO. 2007040560 BEFORE ME, the undersigned authority, personally appeared Rob Ganguli, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 29`h, 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 4309 PG 1323, et. seq. 2. That the respondent contact the investigator. 3. That a re -inspection was performed on March 41h, 2008. 4. That the re -inspections) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a Collier County demolition permit, all required inspections and Certificate of Completion for restoring structure to its original condition within 90 days, February 28`h, 2008. FURTHER AFFIANT SAYETH NOT. Dated March 13th, 2008. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA E ENFO1, �,FI�iENT BO Ganguli Code Enfore ment Offici Sworn to (or affumed) and su ibed before me this March 13th, 2008 by Rob Ganguli Si ture of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) "_*'�ersonally known q !""ARY PUBLIC•STATE OF FLORIDA K. A. Van Sickle ('rnnmission #DD618488 -.;• Expires: NOV 29 o CONDEDTHRUATLMYnCBONDING Co.,INC. Rev 1/9/2008 /' ^ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. R.P.K. Enterprises of Bonita, Inc CEB No. 2007-121 DEPT No. 2007070013 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007070013 COLLIER COUNTY, FLORIDA, Plaintiff, vs. R P K ENTERPRISES OF BONITA, INC, 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: 04/24/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Signs without proper permits and banners dispayed without proper permits LOCATION OF VIOLATION: 4295 Bonita Beach Road SERVED: R P K ENTERPRISES OF, 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 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 CODEENFORCEMENT 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.2007-121 DEPT CASE NO.2007070013 Board of County Commissioners vs. R. P. K. Enterprises of Bonita, Inc, Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code: Section(s) 10.02.06[B] [2] [a], 10.02.06[B] [2] [d] [ix], 5.04.05 A(1) 5.04.05 A (2) and 2004-58, The Property Maintenance Code, sections, 16[2][1] and 16[2]U]. Location: 4295 Bonita Beach Road Folio # 24470640005 Description: Signs without proper permits and banners displayed without proper permits. Past Order(s): On November 29, 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 4309 PG 1333, for more information. The Respondent has not complied with the CEB Orders as of November 29, 2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 5,223.28 See below. Order Item # 1; Order Item # 2 Fines at a rate of $ 150 per day for the period between February 29, 2008-April 2, 2008 (33 days) for the total of $ 4,950.00. Fines continue to accrue. Order Item # 4 Operational Costs of $273.28 have not been paid. 2 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. R.P.K. ENTERPRISES OF BONITA, INC JEFFREY H. MANTZ, REG. AGENT, SHOOTERS SPORTS BAR, CLARIE SOLLECITO, REG. AGENT Respondents CEB NO. 2007-121 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 29, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That R. P. K. Enterprises of Bonita, 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. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4295 Bonita Beach Road, Bonita Beach Florida, Folio 24470640005,more particularly described as Lots 23 and 24, Block 1, Unit 1, Bonita Shores, according to the map or Plat thereof, recorded in Plat Book 3, Page 1, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix), 5.04.05(A)(1), 5.04.05(A)(2) and the Property Maintenance Code, Sections 16(2)(i) and 16(2)(j) in the following particulars: Signs without proper permits and banners displayed without proper 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)(2)(a), 10.02.06(B)(2)(d)(ix), 5.04.05(A)(1), 5.04.05(A)(2) and the Property Maintenance Code, Sections 16(2)(i) and 16(2)(j) be corrected in the following manner: H x O [D o w Edho� dC3va H w C1 Ma ba Q H too o tl, e'�. C�. Z14o r Lam- bd Im 7n 7n 0 z H .4 Cra.Y N 1. By obtaining required permits for signs, if attainable, or by removing the signs within 90 days (February 28, 2008). If a wall sign is removed, by painting the fagade in a workman like fashion to cover any shadowing created by the removal of said sign. The permit number is to be affixed to said sign. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 28, 2008 , then there. will be a fine of $150 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 $273.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this ,j 1' day of , 2007 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY,, FLORIDA BY: — Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this day of , ��p r' X_ 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is X_ personally known to me or who has produced a Florida Driver's License as identification. C3 KRISTINEHOLTON � A nb^� "i Q p �711•� '� ., MY COMMISSION # DO 686595 NOTARY PUBLIC w a a: EXPIRES: June 18, 2011 My commission expires: NOUO Public Unden+dlere Bp,ldedTtuu , 'TJ Ira CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to RP� Enterprises of Bonita Inc., Jeffrey Mantz, Reg. Agent, 27567 Grove Road, Bonita Springs, FL 34135 this day of a ' CeMbeV'_, 2007. state 01 FLORIDA .county Of COLLIER 1 HEREBY CERTIFYnTH,AT thfs Is a true Correct Copy Of?�1?1iibi cument;,onllf le In PIrd Mundt -died. ►t q�ds-Of Collier Cou* .� dWVA dad i I sea! this U1N T E: FtDt i CLE11 6F COUI //:�`/ Q_ zet" - 6 i(: ?_� �_ 6, L /"ft M. Jean D son, Esq. -- Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-21 DEPT CASE NO. 2007070013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. P.P.K. ENTERPRISES OF BONITA , INC JERRERY H MANTZ (REGISTERED AGENT) Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared on November 29`h,2007, Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 29th, 2007, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain required permits for sign , if attainable, or remove within 90 days of the date of the hearing (February 28`h, 2008), as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4309 PG 1334. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on March 12", 2008. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondent failed to obtain required permits for the sign or remove within 90 days of the date of the hearing (February 2861, 2008). 4. FURTHER AFFIANT SAYETH NOT. Dated March 17`h, 2008. COL IER COUNTY, FLORIDA CO E ENF RCEMENT BOARD Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S*o to or umed) and subscribed before me this 17`h day of March 2008 by Kitchell T. Snow. (Signa €-Notary Public) MARLENE G. SERRANO Notary Public, State of Florida /--,�'Print/Type/Stamp Commissi ne Comm No DD 401145 dame of Notary Public) y Comm expires March 04, 2009 Bonded thru 1st State Insurance Personally known q REV 1/9/08 r TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ricardo and Magda Munoz CEB CASE No. 2007100608 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) PAGE S Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-5 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA �. Code Enforcement Board ,'_*N BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007100608 vs. MUNOZ JR RICARDO & MAGDA L, 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: 04/24/2008 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: 4143 Kathy AVE Naples, FL SERVED: MUNOZ JR, RICARDO=& MAGDA L, 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 CODEENFORCEMENT 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. 2007100608 Board of County Commissioners vs. Ricardo JR. and Magna Munoz Respondent(s) Violation(s): Violation of Ordinance(s) 91-102, the Land Development Code, as amended Sec(s) 1.5.6 as amended to 4-41, The Land Development Code, as amended, Sec(s) 02.02.03. Location: 4143 Kathy Avenue Folio 26531520004 Description: Recurring violation of using land in ways not permitted by the provisions Of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. Past Order(s): On January 24, 2008, 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 4325 PG 3062, for more information. The Respondent has complied with the CEB Orders as of January 24, 2008 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 270_28 See below. Order Item # 5 Operational Costs of $270.28 have not been paid. Retn: ARKU COLLIER R COUNTY NCODE 4123377 OR; 4325 PG; 3062 COLLIER COUNTY CODE BNFORCENEN RECORDED in the OFFICIAL, RECORDS of COLLIER COUN 2800 N HORSESHOE DR CDES BLDG 01/31/2008 at 11:04AH DNIGHT E, BROCO C1ERC TY' FL HAPLES FL 34104 RBC FEE 35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CEB NO.2007100608 RICARDO JR. AND MAGDA L. MUNOZ, Respondents FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 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 Ricardo Jr. and Magda L. Munoz 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, did not appear at the public hearing, but 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 4143 Kathy Avenue, Naples, Florida, Folio 26531520004, more particularly described as Lots 13 and'14, Block C, Coconut Creek, Unit No. 3, according to Plat in Plat Book 3, Page 48, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 02.02.03 in the following particulars: Recurring violation of using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject property for the commercial sale and display of vehicles. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation incorporated herein and attached hereto, 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 be corrected in the following manner: I. By removing all vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours (January 28, 2008). 2. By ceasing any use in whole or in part that is prohibited within RSF-3 zoning district. OR: 4325 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January IG: 3063 2008 , then there will be a fine of $100 per day for each day for each day the violation remains. 4. That the Respondents are to notify Code Enforcement officials that the viol and request the Investigator to come out and perform the site inspection. ation has been abated 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $270.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited toappela es of review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this 3l} day of , 2008 at Collier County, CODE ENFORCEMENT BOARD COLLIER C UNTY, FLORIDA BY: c Sheri Barnett, Chair 2800 North Horseshoe Drive STATE OF FLORIDA ) Naples, Florida 34104 COUNTY OF COLLIER) )SS The foregoing instrument was acknowledged before me this 3t-. y of T I LA, 2008, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is Personally known to me or ti - who has produced a Florida Driver's License as identification. ,QM� ev KRISTINE HOLTON r=. k(1 MY COMMISSION U DD 606595 � EXPIRES: June 18, 2011 N'( \/�,1j OTARY PUBLIC Bonded rhmNowyPublounde'.M.- 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 Ricardo and Magda Munoz, 4143 Kathy Avenue, Naples, FL 34104 this 1,(j S"'Nday of 2008. Aj M. JT/Kawson, Esq. FlondA Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 rtr�', c4Uny c �.. >>�0K., t BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR; 4325 PG; 3064 --- _--- _ Petitioner, RICARDO JR & MAGDA L. MUNOZ (PROPERTY OWNERS) Respondent(s), DEPT NO. 2007100608 STIPULATION/AGREEMENT COMES NOW, the undersigned, �JdC' �'YllcV►O� behalf representative for Respondent and enters into this Stipulation and Agr ementrwith Collier County as to the resolution of Notices of Violation in reference (case) number 2007100608 dated the 24TH day of JANUARY, 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 January 24, 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) 02.02.03 and are described as, Using land in ways not permitted by the provisions of a RSF-3 zoning district. The property owner is using subject �. property for the commercial sale and display of vehicles. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $270.28 incurred in the prosecution of this case. 2) Abate all violations by: A. Remove any vehicles for sale from the property that are not personally owned, licensed and registered to the owners of the property in question within 48 hours of the date of this hearing or a fine of $100.00 a day will be imposed until such time a the vehicles are removed. B. Cease any use in whole or in part that is prohibited within RSF-3 zoning district 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. Respondent Mich II Date e e old, Director Code Enforcement Dep ment �5Z2 .67 Date REV 2/23/07 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007100608 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. RICARDO JR. AND MAGDA L. MUNOZ, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for t Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: he 1. That on January 24th,2008 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 4325 PG3062, et. seq. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on January 28", 2008. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by: Complying with order # 1 of the board in that all vehicles for sale not personally owned have been removed from the property within 48 hours of the date of this hearing (January 28 h, 2008). Complying with order # 2 of the board by ceasing to use the property in whole or in part any use that is prohibited in RSF zoning district FURTHER AFFIANT SAYETH NOT. Dated April 2°d, 2008. --- STATE OF FLORIDA COUNTY OF COLLIER CO LIE COUNTY, FLORIDA ' COVE ENiVRCEMENT BOARD w Code Enforcement Official Sworn t (or affirm ) and subscribed before me this 2nd, April, 2008 by Kitchell T, Snow. ;S gna e of otary u lic) NOTARY PUBLIC -STATE OF FLORIDA ^NrtlType/Stamp Commissioned Shirley M. Garcia Public .e of Notary !,'`• Commission #DD501305 ) , ,'Expires: DEC. 21, 2009 BO\D�0 THkU AT1.AN11C BONDING CO, INC. Personally known �/ Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs RICARDO JR. AND MAGDA L. MUNOZ, Respondents CEB NO. 2007100608 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 24, 2008, after due notice to Respondents 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 January 30, 2008 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4325, PG 3062, et. seq. on January 31, 2008. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, 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 Respondents have complied with the Order dated January 30, 2008, it is hereby ORDERED, that the Respondents, Ricardo and Magda L. Munoz, pay to Collier County $270.28 for 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. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this n day of , 2008 at Collier County, Florida . CODE ENFORCEMENT BOARD MLLIER COU TY, FLORIDA r-VIR1 LL ;ouncy of COLLIER Richard nbring, Vice -Chair I HEREBY C"ZTI7" THAT this ISa tf'IIB� 2800 North Horseshoe Drive ;�rreCt copy of ro�um-mi: on file In Naples, Florida 34104 1� t .:� '+'r ';aunty Board 1`4 `' J I this Val day Of. -)WIGHT E. (,K, UERK OF QPURT 15, B ��•, rs STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) IV - The foregoing instrument was acknowledged before me this Z9 day oftLQAZ , 2008, by Richard Kracnbring, Vice -Chair of the Code Enforcement Board of Collier County, Florida, who is i/ personally known to me or who has produced a Florida Driver's License s identification. 111111 ;y'►i NOTARY PUBLIC MY COMMISSION # DO W595 ,,.',, : EXPIRES: June 18, 2011 My commission expires: 7, ••• Bonded ThruNoten/PublicUnderw10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDV has been sent by U. S. Mail to Ricardo and Magda Munoz, 4143 Kathy Avenue, Naples, FL 34104 this 7_94" day of��, 2008. M. Jeati-Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Sergio Valencia CEB CASE No. 2006090115 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) PAG 2 3-5 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090115 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VALENCIA. SERGIO F, 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: 04/24/2008 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: 2080 16th AVE SW Naples, FL SERVED: VALENCIA, SERGIO F, 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 CODEENFORCEMENT 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. 2006090115 Board of County Commissioners vs. Sergio Valencia Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, the Collier County Land Development Code, Sections, 3.05.01(B) Vegetation Removal, Protection and Preservation Location: 2080 161h Avenue. S. W., Naples, FL 34117 Description: Property has been mechanically cleared without a permit in excess of one acre. Past Order(s): On February 28, 2008, 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 4336 PG 2737, for more information. The Respondent has not complied with the CEB Orders as of February 28, 2008 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $ 1,647.09. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $100 per day for the period between March 31, 2008- April 8, 2008 (8 days) for the total of $ 800. Fines continue to accrue. Order Item # 6 Operational Costs of $847.09 have not been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, vs. Petitioner, CEB NO. 2006090115 0 SERGIO VALENCIA, ti `V Respondent PQ Pq P a FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD a r. THIS CAUSE came on for public hearing before the Board on February 28, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its v � ,, Findings of Fact, Conclusions of Law, and Order of the Board, as follows: . y o h FINDINGS OF FACT m 1. That Sergio Valencia is the owner of the subject property. Za• 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the a tw H Respondent, having been duly notified, appeared at the public hearing in person. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. D � 5 4. That the real property located at 2080 16`h Avenue S.W., Naples, Florida 34117, FOLIO 45964120104, more particularly described as The West % of Tract 52, GOLDEN GATE ESTATES, Unit No.195, according to r a the Plat thereof, as recorded in Plat Book 7, Page 102, in the Public Records of Collier County, Florida is in a =violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) in the following particulars: U e.� nq o C Property has been mechanically cleared without a permit in excess of one acre. U U• [1 A m ORDER OF THE BOARD y Pq =o Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in q Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: N That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section • C.> N a a 3.05.01(B) be corrected in the following manner: DQb4 a 94 o 1. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 10.02.06.E.3 within 30 days (March 30, 2008). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The Respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of $100 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 120 days of acceptance of the mitigation plan, then there will be a fine of $100 per day for each day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $847.09 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this �4, day of rnftt'Cif, 2008 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA B Gerald LeFeb e, Chair 2800 North orseshoe I1 rve Naples, Florida 34104 The foregoing instrument was acknowledged before me this L� day of jV�(� YG� 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KRISTINEHOLTON ' MY COMMISSION # DD 686595 ` X45�"�—L— `�' EXPIRES: June 18, 2oi l NOTARY PUBLIC M commission ex fires: Rf� ty,`.• Bonded Thnu Notary Pubkc Underwdlen y p Sufi. of FLORIDA zo nw Of COUJI'm I HEREBY CF, y► A "'thfs: is a r+'ect.co�ji cf' + - *10 in Board M�r�'I�te;b aA"� �.�ar� of¢CAtier i�nr� `N-IrTrNmy hr�d an'�>i`1 sit th; dsy;ot;� tcca . RA � 4 *** OR: 4336 PG: 2739 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio Valencia, 2080 161h Avenue S.W., Naples, FL 34117 this qtA-- day of MCA.► ckj , 2008. M. JeanPar on, Esq. Floridallo. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 CODE ENFORCEMENT BOARD CEB CASE NO.2006090115 DEPT CASE NO. 2006090115 COLLIER COUNTY �. BOARD OF COUNTY CONBUSSIONERS, Petitioner VS. Sergio Valencia, Defendant(s) AFFIDAVIT OF NON-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 2-28-2008, 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 4336 PG 2737. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on 4-07-2008. 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent must prepare a mitigation plan which meets the criteria as 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 respondent. Reports will be due at one year intervals. This mitigation plan must be submitted within 30 days of this hearing (March 30, 2008). All plant materials must be installed in accordance with the mitigation plan within 15 days of acceptance of mitigation plan FURTHER AFFIANT SAYETH NOT. Dated 4-07-2008. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD W4 Susan P. O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this 7th day of April 2008 by Susan O'Farrell. Notary (Print/Type/Stamp Con Name of Notary Public) Personally known q MARLENE G. SERRANO Notary Public, State of Florida Comm No DD 401145 10�pmm expires March 04, 2009 Bonded thru 1st State insurance REV 1/9/08 102 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. SERGIO VALENCIA, Respondent CEB NO. 2006090115 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 28, 2008, 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 March 4, 2008 and fiirnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4336, PG 2737, et. seq. on March 7, 2008. An Affidavit of Non -Compliance has been filed with the Board by the Code Enforcement Official on April 7, 2008, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated March 7, 2008, it is hereby ORDERED, that the Respondent, Sergio Valencia, pay to Collier County fines in the amount of $800 for the period of March 31, 2008 through April 8, 2008 (8 days) at a rate of $100 per day, plus $847.09 for the operational costs incurred in the prosecution of this case for a total of $1,647.09. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 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. DONE AND ORDERED this day ofa�, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: A t4l_ Richard ae ring, Vice -Chair 2800 North orseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1sT day of , 2008, by Richard Kaenbring, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is t' personally known to me or who has produced a Florida Driver's License as identification. ..... IaiISTiNEWLTOR NOTARY PUBLIC My COMMISSION # DD 0111 EXPIRES: June16,2011 1 My commission expires: g Bondsd Thru Notary public undetwrAers R6 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio Valencia, 2080 161h Avenue S.W., Naples, FL 34117 this e, f day of , 2008. M. Je awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 state Or MDR" ,ounty of COLLIER ! HEREBY CERTI,7r' THAT this Is a true&W ►rsct coy & a c�cA :^z rt cr► ` le 1n rt�rd F.linue :,s au-.J of Co ler Counb SS my �t+ =�s �,siry Irt�c this a�t Day Ofi r ,—dIA-AJ _ A DWIGHT E. BsW, LK, CL1=1 K OF C01-URTS