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Liens/Orders 05/22/2008 Code Enforcement Board Liens/Orders May 22 , 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: May 22,2008,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Building F,Naples,Fl 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY'HIE 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—April 24,2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS FOR CONTINUANCE B. STIPULATIONS C. HEARINGS 1. BCC vs. James Bachmann CEB NO. 2006090001 2. BCC vs. Jon and Lisa Meszaros CEB NO. 2007110853 3. BCC vs. Mary A. Luedtke CEB NO. 2007110088 4. BCC vs. 6240 Collier Group,Inc CEB NO. 2007080153 5. BCC vs.Hamo Gutic CEB NO. 2007100180 6. BCC vs. Gulfside Industrial Rentals CEB NO. 2006081251 7. BCC vs. Angel and Norberto Hernandez CEB NO. 2007010485 8. BCC vs. Monterey Master Owners Association,Inc CEB NO. 2007010111 9. BCC vs. Monterey Master Owners Association, Inc CEB NO. 2007010301 10. BCC vs. Monterey Master Owners Association, Inc CEB NO. 2007010302 • ( CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007010485 vs. ANGEL AND NORBERTO HERNANDEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That Angel and Norberto Hernandez are the owners of tie subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing in person and 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 3355 Polly Avenue,Naples,FL,Folio 00420720009,more particularly described as the North 105 feet of the South 525 feet of the East'/2 of the Southeast 'A of the Northeast'/ of the Northwest'/4 of Section 16,Township 50 South,Range 26 East,Collier County,less the East 30 feet for road right- of-way is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 3.05.01(B)in the following particulars: Vegetation removed on an undeveloped property without obtaining the proper required Collier County 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,section 3.05.01(B)be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in 04-41,as amended,Section 10.02.06(E)(3). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Section 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. The Mitigation plan must be submitted within 30 days(June 21,2008). 2. By installing plant materials in accordance with the mitigation plan within 60 days of acceptance of mitigation plan. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 21,2008, then there will be a fine of$200 per day for each day until the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of acceptance of the mitigation plan,there will be a fine of$200 per day for each day until such time as the plant material is installed. 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$404.08 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this C day of M 0..A1 ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA B / erald Lefebvre hair 2800 North H.rseshoe Drive STATE OF FLORIDA- ..—" Naples,Florida 34104 )SS: COUNTY OF COLLIER) 44— The foregoing instrument was acknowledged before me this 4.11. day of , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida, ho is personally known to me or ✓who has produced a Florida Driver's License as identification. `r.k°i KRISTINE HOLTON 4 +: -i ':x_ MY COMMISSION#DC 68v : ' NOTARY PUBLIC 7�-..as EXPIRES:June 18,2011 My commission expires: pf iy°PP' Bonded Thor Notary Public Undenvr:n.;; ;1 Scare Oi F LOF71 UA • ,'oun!y/of COLLIE.' HEREBY„CERTrY THAT this Is a trua and ;orrect copy of a'Mfl.::r,4,.1-fca,fi'. m CC eoa^�� s':: ' 'Je � 'MTV' E. vRYY BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Angel Hernandez and Norberto Hernandez, Respondent(s) CASE NUMBER: 2007010485 STIPUL TION/AGREEMENT COMES NOW, the /-4/v e undersigned, d �, on behalf of himself or as representative for Respondent and e 7rs into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007010485 dated the 22nd day of May, 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 May 22nd, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$404.08 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 30 days of this hearing or a daily fine of $200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 60 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must • i ••e Enforcement that the violation has been abated and request the Investigator to c. - o� _ ►. perform a site inspection. Respondent ' helle Arnold, Director Code Enfor ement Department Date p� �2210�1 Date REV 2/23/06 �� CO/66 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007080153 vs. 6240 COLLIER GROUP,INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That 6240 Collier Group, 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 by Isidro Guillama, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6240 Collier Blvd.,Naples,FL,Folio 731840005,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05 J in the following particulars: Required buffer landscape has fallen below Collier County approved standards. 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 04-4 r,the Land Development Code,as amended,section 4.06.05 J be corrected in the following manner: 1. By replacing dead and failing plant material in Collier County required buffers with native trees 8 to 12 feet in height and with 1 '/2"to 3"caliper placed every 30 feet and double row hedge of native plant material 24"in height at time of planting within 90 days(August 20,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 20, 2008,then there will be a fine of$150 per day for each day until such time as the violations are 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$537.93 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 0 01,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID, BY: AL_ ` Gerald Lefebvr-,Chair -/ 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this GO day of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,w is personally known to me or — who has produced a Florida Driver's License as identification. r�r�es.re..:xxamr F ''''V.i''� KRISTINE HOLTON — ' ` 1 A A4Y COMMISSION#DD58E :3'; �b ,` �•�^'�'� �`� NOTARY PUBLIC -.5.71 EXPIRES:June 18,1L1 E^u..Wd Thru Notary Public tJ d. _, j 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 6240 C her Group Inc.,do Juan C.Macias,RA, 11958 S.W. 72"d Terrace,Miami,FL 33183 this a- 4 ay of ,2008. /// M.Jean on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board aye of F�UFili1A 400 Fifth Avenue S., Ste. 300 ; ,ounty of COLLIER Naples,Florida 34102 (239)263-8206 I HEREBY CERTI'"; THAT this is a true anti ;orrect copy of a aox!Jrrient on,ffl* in Board Minute...;, g E Count' Cl E.8r ' ..0 K`OFC4t th1/4. . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007080153 6240 Collier Group, Inc. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, -1-5`'ea &"" f'"""1- , on behalf of himself or 62(0 Co let Gcap. 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 2007080153 dated the 14th 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 May 22, 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) 4.06.05 J and are described as Landscape Requirements. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$537.93 incurred in the prosecution of this case. 2) Abate all violations by: 8-1 2.1 Replace dead and failing plant material in Collier County required buffers with native trees 16-12 feet in height and with 3" caliper placed every 30 feet and doubt row edge.of native plant material 24" in height at time of planting. EA)r rhiri GO eiGu.S c�-F i s heovin5 or A de i)� o-� LSD-oo j 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. .L _ ft,A c2ofdr_et) ttAz �fox, spond t M' helle Arnold, Director zsrot Gvr1 k?v4 a . Code Enforcement Department Si 2208 o8 4 Date Date REV 2/23/07 • • This Instrument Prepared By and Return To: Leah Espeseth Scott M.Grant,P.A. 3337 Tamiami Trail North Naples,Florida 34103 Folio Numbers:00731840005;00735080007 THIS WARRANTY DEED, made the 5th day of Novemingi 4ahattft4 by EI UN'S INC., a Delaware Corporation,hereinafter called the Grantors„mri i NO CBlllietiGroup,Inc.,a Florida Corporation,whose post office address is 11958 SW 72 Terrace,Miami,Florida 33183,hereinafter called the Grantees: (Wherever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($ 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,se ' ' remises,releases,conveys and confirms unto the grantee all right, title and %Ik e> 51 i G. II,: certain land situate in COLLIER County, State of FLORIDA,vi ..Dti ?� C) SEE EXHIBIT"A"ATTA I P -I I. • AND • t E P •T HEREOF. Subject to Easements,Re-• 'c • a • if. 0Y- , TOGETHER with all ' -ppurtenances thereto belonging or in anywise -glf thing.` TO HAVE AND TOHOL ►7'. - • ein fee simpll . t0 `Cr AND,the grantors hereby coven.Os •i +Ifi. . �.f� , e grantors are lawfully seized of said land in fee simple; that the gran . 3,,. M ' ght and lawful authority to sell and convey said land,and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2004. 3518355 OR: 3690 PG: 0508 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, IL 12/03/2004 at 03:39PN DWIGHT E. BROCI, CLERK CONS 2200000.00 RIC PEE 21.00 DOC•.10 15400.00 COPIES 3.00 RISC 1.50 Retn: NARRERO CHUILLI li ASSOCIATES 2903 SALLIDO ST CORAL GABLES FL 33134 Page 1 of 3 II • OR: 3690 PG: 0509 IN WITNESS WHEREOF,the said grantors have signed and sealed these presents the day and year first above written. ERIN'S INC.,a Delaware Corporation 4 ' di , ••■il gItness#1 sign: re Michael Ward(( Le Art J • . . Its:President With Printed N: r / _ II d i. `#2 signature t Witness#2 Printed Name STATE OF FLORIDA ��` R c0 1� COUNTY OF COLLIER $ ,�* The foregoing instrument a r 1 :• .,I •e o - '" - this 1 , •y of November,2004 by Michael Ward, President of dr '.:;1 8.-- . .. . .. .tion on behalf of the corporation,who is personally o ;or e% , ' e ,d /,re, as identification. n. SEAL r'e .4j . k _ l'i war - _ _ ' �' otary Signature EA.I-+, ESFESETH -2j c1e'ommission Expires: :'.'.+;Szn.N CC 970692 ..^.zry 5.2005 -. :Cnsewmers Ii�.......i,' LEAH J.ESPESETH e: ^ ` . COMMISSION 4 CC 970692 c.i?lP ; Ja^:ay 5.20 L.. .. -s.-,:vv.-.P;py.Undera-ers Page 2 of 3 ■ 7. 1 *** OR: 3690 PG: 0510 *** • , Exhibit "A" PARCEL"A" Description of Parcel in Section 10, Township 51 South, Range 26 East, Collier County, Florida. Commencing at the Southwest corner of the Northeast 1/4 of the Northwest 1/4 of Section 10,Township 51 South, Range 26 East, Collier County, Florida, run South 89°20'26" East 404.71 feet along the South boundary • of said Northeast 1/4 of the Northwest 1/4; thence North 02°28'34" East 330.02 feet for a Place of Beginning; thence continue North 02° 28'34"East 340.38 feet to a point of curve, said point being on the West line of RIVERWOOD UNIT ONE, recorded in Plat Book 8, page 53, of the Public Records of Collier County, Florida; thence 239.33 feet along the arc of a circular curve concave to the Westerly, radius 350.00 feet, chord bearing North 17° 06'48"West 231.04 feet to the Northwe - • - if Block B of Riverwood Unit One and the Southerly line of River Road; thence 220.73 , - i °,l'°, _ "4. : ' ular curve concave to the Northwesterly, radius 475.00 feet,chord bearing South 7 •'es .- 4- .,. e Intersection of the South line of River Road and the East line of S.E. 951;the 02°28' 34"Wes = feet along said East line; thence South 89°20'26"East 285.14 feet to the Po` t o :e•innin•. LESS AND EXCEPT THEREFROM- That part of the Northeast 1/4 of th No ► •:,-,� /- r•,.:. vi1°.17.5.,,d.i A . . 51 %outh, Range 26 East, Collier County, Florida, more particularly d .-• in +rd •f - in Offi ial Records Book 1403, page 236, of the Public Records of Collier Co n , • 'd- I, LESS AND EXCEPT THEREFROM. The West 17 feet thereof. _!= O PARCEL"B" �A�,, �.�\�' ! Commencing at the Southwest corner of the North{e- - - I e Northwest 1/4 of Section 10, Township 51 South, Range 26 East, Collier County, Florida, run South 89°20'26"East,404.71 feet along the South boundary of said Northeast 1/4 of the Northwest 1/4; thence North 02°28'34" East, 280.02 feet for a Place of Beginning; thence continue North 02°28' 34"East,50.00 feet;thence North 89°20'26"West,285.14 feet to the East right- of-way line of State Road 951; thence South 02°28'34"West, 50.00 feet along said right-of-way line;thence South 89° 20'26" East, 285.14 feet to the Place of Beginning. i LESS AND EXCEPT THEREFROM: All that part of the Northeast 1/4 of the Northwest 1/4, of Section 10, Township 51 South, Range 26 East, Collier County, Florida, as described in the Articles of Agreement of Agreement for Deed recorded in Official Records Book 734, Page 1950; Order of Taking recorded in Official Records Book 1403, page 236; and Warranty Deed recorded in Official Records Book 2450, Page 626, all of the Public Records of Collier County, Florida. LESS AND EXCEPT THEREFROM: The West 17 feet thereof. B. -Pt(UV CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007100180 vs. HAMO GUTIC, Respondent / FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That Hamo Gutic is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, appeared at the public hearing in person and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2405 Linwood Avenue,Naples,FL,Folio 61630320005,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(a)in the following particulars: Construction/remodeling/additions to office space done 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,section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining AFT permits for all unpermitted construction/remodeling/additions on property and obtaining all inspections through certificate of completion within 120 days(September 19,2008). 2. In the alternative,by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within 120 days(September 19,2008). All construction waste must be moved to an appropriate site for such disposal. 3. By ceasing any activity that it is not in compliance with and accordance to the Land Development Code of Unincorporated Collier County. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 19, 2008,then there will be a fine of$200 per day for each day until such time as the unpermitted construction/remodeling has been permitted,inspected and CO'ed. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by September 19, 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. 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$372 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this, day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F ORI P • B . .lr'ai / IL. Z.( erald Lefebv w,Chair 2800 North • orseshoe Dr ve Naples,Florida 34104 STATE OF FLORIDA) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 21 day of , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ../.-who has produced a Florida Driver's License as identification. -•-• �'.! ftRISTINE HOLTON __K6Z5LL/r -"H-Citifl-N i;f t I ,.. .'t.,, MY COMMISSION#DD 6865995 NOTARY PUBLIC es,;;; EXPIRES:June 18,2011 1 4 Ftip,` BcndedThru Notary Public Underrnrit-rs I My commission expires: u.ra1.,4 ms sFsm..10r.c.7rr04., CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Hamo Gutic, 1 Jean Place, S�yy�osset,New York 11791 and to Veterans of Foreign Wars,2405 Linwood Avenue, Naples,FL 34112 this Z ''day of ,2008. Strw cm FLORIUA IL ,�"� / M.Jean Ron,Esq. :wart of COLLIER Florida B. o. 750311 Attorney for the Code Enforcement Board I HEREBY CERTf^'THAT this Is a true$P 400 Fifth Avenue S.,Ste. 300 ;orrect copy of a aocumeov Qiifiile in Naples,Florida 34102 Board Minutes and Reeotos of C011ier County (239)263-8206 .14ITNESS my h Hoed oftier 'eAa tus day y 0 i °?'? ki : • E. BROc K OF COO :+t l a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100180 HAMO GUTIC , Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 0 6,-t t e„ 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 2007100180 dated the 22nd day of May, 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 22nd May, 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) 10.02006[B][1][a, THEREFORE, it is agreed between the parties that the Respondent shall; 1. Pay operational costs in the amount of$372 incurred in the prosecution of this case within 30 days of the date of this hearing. 2. Abate all violations by: i 20 A. Obtain ATF permit(s) for all unpermitte• construction/remogeiling/addition on property ., - ! _. - :. - . . • - • • . .• • - - spections thr ugh certificate of completion (CO) within days of the 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 17,0 AO'days of the date of this hearing and restore the building to its original permitted state ,to include all inspections and a final certificate of completion (CO) 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 with all inspections to include a final CO for the demo permit. 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 Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. ,c.„----4, 40 _.....,174- , ' Cii--------- ," Respondent Michelle Arnold, Director Code Enforcement Department -3—' Z z -f o or c- 22- o(. Date Date REV 2/23/07 313110 UK: 3! !l t's; 3014 RECORDED in OFFICIAL RECORDS of COLLIER COMM, IL 04/11/2005 at 09:24AK DWIGHT E. BEOCL, CLERE COES 1394000.00 EEC FEE 2740 DOC-.70 9750.00 Retn: GDLFSH01E TITLE CO This Instrument Prepared By:ed B PICT DP William Schweikhardt Attorney at Law The Schweikhardt Law Firm,P.A. 900 Sixth Avenue,South,Suite 203 Naples, FL 34102 The Folio Number is 61630200002 Grantee's Tax I.D.Number is: THE ABOVE SPACE FOR RECORDING INFORMATION WARRANTY DEED THIS WARRANTY DEED mad . . s, ;irg of f fl 11-4.C.-41 ,A.D., 2005,by MICHAEL P.VALENTINE P ,�' ' ES,LLC,a L t'� •ility Company existing under the laws of the State of Florida,and having i p'r''s'•al place of business at: • 08 ,inwood Avenue,#7A,Naples, FL 34112,hereinafter called the grantor to 4 whose ...st o'1• ad, ess is: 1 Jean Place,Syossett,NY 1 1791,hereinafter called the grant . (Wherever used herein the terms';1 : • an• e' i : es n this instrument and the heirs, legal representatives and assigns .f jn• .ua a '-,•sons d �. f Limited Liability Company.) rs. WITNESSETH: That the:Y y •r,for and in considerat,• of • 7 en and 00/100 Dollars($10.00) and other valuable considerations, hereof is hereby ac� ' e 11,�Hy ese presents does grant,bargain, sell,alien,remise,release, convey an• a unto the grantee,al :t -'n land situate in*Collier County, Florida,viz: 94, "See legal description attache. -? : �:1 "and made a part hereof." SUBJECT TO restrictions,and easements common to the subdivision and ad valorem taxes for the year 2005. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land;that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances. UK: 3111 rti: sb0 IN WITNESS W HEREOF, the grantor has caused these presents to be executed in its name, and its -- corporate seal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year first above written. (SEAL) Signed,sealed and delivered in the presence of: MICHAEL P.VALENTINE PROPERTIES,LLC,a Florida Limited Liability Company (1�i[C_ -----J BY: li1/4/V\—C441-4V- WITNES AME: irgi is E. Duggan MICHAEL P.VALENTINE,Managing Member • aLLUP I.0 0ScaLO WITNESS NAivhelsea Duggan �� RC C�T STATE OF FLORIDA �a, 1_, COUNTY OF COLLIER The foregoing instrument as , •- -•_ d • ore me *da of �►4'te,# 2005,by MICHAEL P.VALEN r, E,�y • : - •e • (,,E, •-- VA ENTINE PROPERTIES,LLC, a Florida Limited Liability Com•- y�• . �1 f . e i 7 .rod ced a valid FLORIDA drivers -- license as identification or is pe ,� o ; o - . •1 • }• not Y� - f C lia-oe-_' PUBLI i (seal) My Commission Expires: e N Virginia E Duggan • My Commission D0057054 Expires November 11,2005 - /0 Kxx OR: 3.171 PG: 3676 lsiili "EXHIBIT A" Parcels U,V,W and the West 6.5 feet of X,of vacated Kirkwood Lake area of Naples Commercial Center(Plat Book 4,Page 86),Naples Commercial Center First Addition(Plat Book 8,Page 3)and Avondale Estate(Plat Book 4,Page 45;said parcels described as follows: PARCEL U: Commencing at the Southeast corner of Lot 12,Block A,Naples Commercial Center First addition as recorded in Plat book 8,Page 3,of the Public Records of Collier County, Florida;thence along the North line of Linwood Avenue East 500.0 feet for a place of beginning; thence North 310.48 feet to the South line of Lots 37 through 47,inclusive,of Avondale Estate as recorded in Plat Book 4.Page 45,of the Public Records of Collier County,Florida;thence along the South line of said Lots N 89•32'40"E 25.0 feet;thence South 310.68 feet to the North line of Linwood Avenue:thence along the North line of Linwood Avenue West 25.0 feet to the place of beginning.being pan of the Northeast one-quarter(NE 1/4)of the Northwest one- quarter(NW 1/4)of Section II.Township SO South,Range 25 East,Collier County,Florida. PARCEL V: Commencing at the Southeast corner of Lot 12,Block A,Naples Commercial • Center First Addition as recorded in Plat Book 8,Page 3,of the Public Records of Collier • County,Florida;thence along the North line of Linwood Avenue East 525.0 feet for a place of beginning;thence North 310.68 a , of Lots 37 through 47,inclusive,of Avondale Estate as repo Ms ch ����• Public Records of Collier County Florida;thence along the T� r w g of said Lots N � �� E 25.0 feet;thence South 310.88 feet to the North line o r •• Avenue;thence along • line of Linwood Avenue West 25.0 feet to the place • mg, • • • • • e No • • - • er(NE 1/4)of the Northwest one-q 1 • _ •- 11,T. ,i County.Florida. P • • Range 25 East,Collier PARCEL W: C• • at or 1• • A,Naples Commercial Center First Additi•4*-. a, . •' ' B.. P ',of �: •lie Records of Collier • County,Florida; •rig the North line of �• ••• -, Est 550.0 feet for a piece of beginning;thence No% • •.88 feet to the Sou • .f3 through 47,inclusive,of Avondale Estate as -- �-• ., Plat Book 4,Page 45ØI • blic Records of Collier County, • Florida;thence along the • i; . of said Lots . ¢ E 25.0 feet;thence South 311.011 feet to the North line of Li i +. - 't 7" North line of Linwood Avenue West 25.0 feet to the place of beginning. Af!, 1, e ••Northwest one-quarter(NW 1/4)of Section 11,Township 50 S0 one-quarter 25 East,Collier the County,Florida. P g East.Collier PARCEL X: Commencing at the Southeast corner of Lot 12,Block A,Naples Commercial Center First Addition as recorded in Plat Book I,Page 3,of the Public Records of Collier County,Florida;thence along the North line of Linwood Avenue Est 575.0 feet for a place of beginning;thence North 311.08 feet to the South line of Lots 37 through 47,inclusive,of • •- ---Avondale•Estate arrecorded in Plat Bob k'4-;Page 45;•6f the Public ReooTds orCofiiii County " • . . _ Florida;thence along the South line of said Lots N 89'32'40"E 25.0 feet;thence South 31128 feet to the North Iine of Linwood Avenue;thence along the North line of Linwood Avenue West 25.0 feet to the place of beginning,being part of the Northeast one-quarter(NE 1/4)of the Northwest one-quarter(NW 1/4)of Section 11,Township S0 South,Range 25 East,Collier County, Florida. - _. .-- — - - --- II Cal 003 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110088 vs. MARY A. LUEDTKE, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That Mary A. Luedtke is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing by Randy Luedtke. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2854 Becca Avenue,Naples, FL 34112,Folio 29830200006,more particularly described as Lots 6 and 7,Demere Landing,a subdivision,according to the Plat thereof,as recorded in Plat Book 4, Page 14,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,section 6.05.02B, and Collier County Ordinance 85-2,an Ordinance Relating to the Construction, Repair,Alteration, Projection,and Prolongation of Seawalls and Revetments in the Unincorporated Areas of Collier County, Sections 2, 5.A and 5.0 in the following particulars: Failed seawall. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 6.05.02B, and Collier County Ordinance 85-2,an Ordinance Relating to the Construction, Repair,Alteration, Projection,and Prolongation of Seawalls and Revetments in the Unincorporated Areas of Collier County, Sections 2, 5.A and 5.0 be corrected in the following manner: 1. By applying for all required Collier County Building permits,obtaining all required inspections through to issuance of a Certificate of Completion within 180 days(November 18,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 18, 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 inspection to confirm abatement. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$291.14 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 Zb day of rno.y ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI COUNTY,F BY:/ . . erald Lefebv/ C air 2800 North •orseshoe Dd."' Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -4h The foregoing instrument was acknowledged before me this GO day of Marl 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISIINE HOLTON � � ' • r MY COMMISSION#DD 686595 I NOTARY PUBLIC :a;_J!/ EXPIRES:June 18,2011 I My commission expires: A811NIC Bonded Thru Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofjk ORDER has been sent by U. S. Mail to Mary A. Luedtke,6947 Madrid Drive, DeMotte, Indiana 46310 this Z. day of ,2008. / •-�i�t7 M.Jean I' on, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 state A FLORIDA Naples, Florida 34102 AMMO,COLUER (239)263-8206 I HEREBY CER '7 THAT" '.' **pea. =rent.copy at a doc i pn o ink Beard Minutes and I $erag;df' +r =r' 3,, day my h d officlaf:seal . t 2 <` 414 E. BROCK. IC OF CO!E II t ' tjei 36a6 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110853 vs. JON AND LISA MESZAROS, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That Jon and Lisa Meszaros are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4911 Tallowood Way,Naples, FL,Folio 38398480003,more particularly described as The East 180 feet of Tract 10.8,Golden Gate Estates,Unit No. 14, in accordance with and subject to the plat recorded in Plat Book 7,page 23, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(1)(a) in the following particulars: Failure to obtain permits for improvements and alterations done to the garage. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(B)(I)(a)be corrected in the following manner: 1. By obtaining a Collier County Demolition Permit, inspections, and Certificate of Completion,and removing all non-permitted improvements within 120 days(September 19,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 19, 2008,then there will be a fine of$200 per day for each day the violation remains unabated. 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 S302.69 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 2e-day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F 1 RIDA BY.1.: i ■ erald Lefebv• ,C air '41Z 7 2800 North orseshoe ore Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this at)/of , 2008, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, Flori who is personally known to me or ✓ who has produced a Florida Driver's License as identification. ;�1;ir KRISIINE HOLTON � ' L,,. ;.- MYCOMMISSIONHDD686595 NO ARY PUBLIC EXPIRES:June 18,2011 Rf�t Bonded Thru Notary PWACUndenvdters I 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 Jon and Lisa Meszaros,4911 Tallowood Way,Naples,Florida 34116 this 2$4iay of ,2008. m! 1.:_ , le. M. Jea rawson, q. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 AM* Ix FLORIDA yova"d COWER I HEREBY CERTri THAT this Is a taw awl ;orrect copy of a document on,file in Boar! Minutes and Recorgs at,C91-li£r Count" *MSS my hand an < , Lai Sea this day filtdVI '14,,owtie-1,...-ii! t., - E.BROW J' PF CORI , , . LA1E:f2,4 130(66 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2006090001 vs. JAMES BACHMANN, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on May 22,2008,on the Motion to Continue agreed to by the parties,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 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 ZD day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F 4 RID y B A/<<. .LL AO( 'Gerald Lefebvr,Chair 2800 North Horseshoe Dri - Naples, Florida 34104 gel a FLORIDA irainii of COLDER I HEREBY CERTIFY THAT Oft Is a Win aM ;format coPY of a gonr, 9nfilld In Board Minutes: eit of Colltet • d ate I , ' _:1 this E89 r ,:_,:t;416; 6 � , , ,r L .y 4 �'nl. 4.: Itht. _. t ■ . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this2LL—"ay of MIX01 ,2008,by Gerald Lefebvre, Chair,of the C d.e Enforcement Board of Collier County,Florida,who is personally known to me or •/ who has produced a Florida Driver's License as identification. V\AA./StArt .4 KRISTINE HOLTON • t'l .'; MY COMMISSION I DD 686595 NOTARY PUBLIC '',4,:7 .•: EXPIRES:June 18,2011 My commission expires: 87,14 Bonded mm Notary Pubic UndenvAters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to James Bachmann, 1180 Dove Tree Street,Naples,FL 34104 and to Peter Flood,Esq., Peter Flood,Esq., 125 N. Airport Rd., Ste. 202,Naples, Fl 34104 this'Zday of _,2008. 717 )1.1061,i (ce9..‘f.l>ee‘— M.Jean awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 cAiLted S/Sliz CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2006081251 vs. GULFSIDE INDUSTRIAL RENTALS, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008, 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: 1. That Gulfside Industrial Rentals is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing by John Costello,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4427 Exchange Avenue,Naples, FL,Folio 0027888007,more particularly described as The South %z of the East 1/2 of the Northeast 1/4 of the Norwest'/4 of the Southeast 1/4 part of Section 36,Township 49 South, Range 25 East. Not a recorded Subdivision. (Parcel,South %z No. 105) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(l)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, Sections 105.1 and 105.7 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,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(I)(a), I0.02.06(B)(I)(e)and I0.02.06(B)(I)(e)(i)and the Florida Building Code, 2004 Edition, Sections 105.1 and 105.7 be corrected in the following manner: I. By reapplying and obtaining permits for all unpermitted construction/remodeling/additions of office space on property and obtaining all inspections through certificate of completion within 45 days(July 6,2008). 2. In the alternative,by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within 45 days(July 6,2008). All construction waste must be removed to the appropriate site for such disposal. 3. By ceasing any activity that is not in compliance with and in accordance to the Land Development Code of Unincorporated Collier County. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by ,2008,then there will be a fine of$200 per day for each day until such time as the unpermitted construction/remodeling has been permitted, inspected and CO'ed. 5. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by 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. • 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$438.1 1 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z� day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RIDA / BY. C∎—∎ .r - _i�� ■ erald Lefebvr-,r hair 7 2800 North Horseshoe Driv- Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this of ri , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 9 KRISTINE HOLTON ‘'LL5t.t.4. 9. ktiCiliti ..T':1_ MY COMMISSION#DD6865955 NOTARY PUBLIC t•<� gig= EXPIRES:June 18,2011 I My commission expires: RP•`y�''`� Bonded Nu No±ery Public Undewarrs iiet1 of FLORIDA ,:our Of COWER 1 HEREBY CERT17-Y THAT this-G iorrect copy of a document o s tti•••" ., Board Minutes and Records 0 SS my hand and offs thiii� ` , &y of n,�Q r`I c 1 E. BROCK,CLERK i*_ 1R1' � <v , r , I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. M 'Ito John Costello,Gulfside Industrial Rentals, Inc.,4303 Exchange Avenue,Naples,FL 34104 this Z day of 2008. M.Jean wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2006081251 GULFS!DE INDUSTRIAL RENTALS, INC JOHN COSTELLO, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006081251 dated the 22nd day of May, 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 22nd May, 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) 10.02006[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 $438.11 incurred in the prosecution of this case within 30 days of the date of this hearing. 2. Abate all violations by: A. Re-apply and obtain permit(s) for the construction/remodeling/additions to the building and obtain all inspections through certificate of completion (CO) within 45 days of the date of this hearing or a fine of$200.00 a day will be imposed until such time as the permit has been obtained and Co'ed. OR Obtain a demo permit and remove any unpermitted construction/remodeling/additions within 45 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 ust notify the Code Enforcement Investigator when the violation s been a to,, in order to conduct a final inspection to confirm abatement. 0 e-pondent _ Michelle Arnold, Director Code Enforcement Department Date / Date REV 2/23/07 (ALA 5 73t) eiro CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007010302 vs. MONTEREY MASTER OWNERS ASSOCIATION, INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: I. That Monterey Master Owners Association, 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 by Sandra L. Hagedorn,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Monterey Preserve,Naples,FL,Folio 80445004500, more particularly described as(see attached legal) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 3.05.07(H)(I)(g)(ii) in the following particulars: Prohibited exotics present in designated Preserve Area. 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,section 3.05.07(H)(l)(g)(ii)be corrected in the following manner: 1. By removing all Category I exotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii)within 180 days(November 18,2008). All exotics within the first 75 feet of the outer edge of c\cry preserve shall be physically removed,or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed, but the base of egetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 2. That if the Respondent does not comply with paragraph I of the Order of the Board by November 18, 2008,then there will be a fine of$100 per day for each day that the violation persists. 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$329.35 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2day of 1 ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RIDS. B / . '` i -4 /.1 _ erald Lefebvre hair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this2S day of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida, ho is personally known to me or who has produced a Florida Driver's License as identification. TINE HOLTON %? 1i1Jt•�f[� DD 686595 NOTARY PUBLIC ,�, MY EXPIRES'.ICN 8 2011 June tors My commission expires: ti, Bonded ThN Notary Pub___"" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Monterey Master Owners' Association,Inc., 1044 Castello Drive#206,Na le ,FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples, FL 34103 this ay of ,2008. Omits or FLORA* ' ? of COWER M.Jean wson, Esq. I HEREBY CER/ .r is a buts Florida Bar No. 750311 Attorney for the Code Enforcement Board :orreCt copy of a a1 1f t OA tits�N s 400 Fifth Avenue S.,Ste. 300 Board Mutes andli0Ordkof Comer Naples, Florida 34102 \NITNMS My hand _ i - 1 seal this (239)263-8206. E. MOO OF COUP BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010302 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT CMIAE NOW,, Xhe undersigned, � J�j4 hilly f?�� n/( ,��! , on behalf of himself or Ag ement th Col ier County as to the representative resolution of Notices ofeViola and onninrsrefe reference (case) t number 2007010302 dated the 22nd day of May, 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 May 22nd, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.07(H)(1)(g)(ii) are described as prohibited exotics present throughout designated preserve area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$329.35 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must remove all C 1004 r'►' : tics from all Preserve Areas followin the s forth in 3.05.07(H)(1)(g)(ii) within ••a s . 9 tandards set y f this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed, but the base of vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently , 'en required. Obtain any necessary Collier County or State permits for the removal of vegetati. . 3) Res!). d- t must not y ode Enforcement that the violation has been abated and request the lnves lg. or to come) aid perfor • a site inspection. :!1..�.��:l��E •espon•-nt Pr fOZ /►?E-�q helle Arnold, Director 1 ode Enforcement Department q7ZIPO Date REV 2/23/06 2113012 OR: 2243 PG: 2379 'tHIS wanw1onIr PREPARED BY: neon it anew Imes at alum cant, n — WARY Y.BROUGHTON.Pao. 1111110 at 11:lIN IDM f. UM, ee m n.51 ... 170S-D2 Cato.l+l .Boa. PORT PAYERS.Ft, 33907 foe-.11 .11 fns: PAR.I.D.NO IUD f 1111MOO 1111D CRAM u0 (N, s a Nos R MIN R 33117 IsP"e above Iris line for recording dual QUIT CLAIM DEED This Quit Claim Deed,made this 14 day of October 1996 Rehm' MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Granter*,and MONTEREY MASTER OWNERS'ASSOCIATION,INC,a Florida corporation not for profit,Grantee'. Witaeaesth that said Grantor,for and in consideration of the sum of Ten Dollars and no/100(Sl0.00)Dollars,and other good and valuable considerations to said Grantor in band paid by said Grantee,the receipt whereof is hereby adteowledged,has granted,bargained and quitclaimed to the said Grantee,and Grantee's heirs and assigns forever, the following descraed land,situated,lying and being in Collier County,Florida,to-wit: See the attached Exhibit W. To Have sad to Hold the same toget . enemies thereunto belonging or in anywise appertaining,and all the estate,right, �, of Grantor,either in law or equity, for the we,benefit and profit of the 're "Grantor and al, context requires. la%%Mess Whereof,Grantor has , �, the day and year first above written. Signed,sealed and delivered in L • 111. 11,-■ WITNESSES TO MA: r MO ='` ASSOCIATES, a Florida i1 L/ e �. ,f 1. Z• r r ' Bundschu.President Printed N�me• k e/c 7 / ,' - ` I Cj'I MONTEREY DEVELOPMENT I',L. . ,. . 1° ` MANAGEMENT COMPANY. Printed Name: i.. , •, a Florida corporation, as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA.a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING INSTRUMENT WAS ACRNOwL DOER BEFORE Me rots/i" DAY OF Ocroons, 1996,BY Gros BunDSaly, PRESIDENT OF MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FWSmA OORPORMION,As ENITII OBNERAi.PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENERAL FAXINERSIBF, WHO IS PE.IONALLY KNOWN 70 ME OR WHO HAS PRODUCED / /' AS IDPNIIPICATIOM. `` • �O.,t}, .1..14 (/ .,t 1 L c1.:‘ TARY (1,41-) PRWr NAME I r ;; / • .•:/• `,n'••/1 CoMM1SS1ON EXPIRES . / _ tt ~PAW. 1 aownwoce mow =f l: 0 c l m+ •. twsiraaaasuatrtar+ • • *** OR: 2243 PG: 2380 *** EXHIBIT "A" The following tracts as depicted the Plat of Villages of Monterey at Woodbridge.Unit One,shown in Plat Book 15, Page 10 of the Public Records of Collier County.Florida: Tracts A, B, C. D, E, F. G, H, J, and all roads depicted on the Plat; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R. Book 1370, Page 884 of the Public Records of Collier County, Florida, as amended from time to time, and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County,Florida,as amended from time to time. The following tracts as depicted the Plat of Villages of Monterey at Woodbridge. Unit Two,shown in Plat Book 15, Page 69 of the Public Records of Collier County, Florida: That part of Mission Drive which is depicted on the Plat subject to the conditions and for the purposes set out in the Plat Dedication and in the Villa Neighborhood Covenants for Vi lages of Monterey, Unit Two recorded in O.R. Book 1422, Page 1447 of the Public Records of Collier County, Florida, as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370.Page 856,of the Public Records of Collier County, Florida,as amended from time to time. The following tracts as depicted the ' t�i .-'g u • e,shown in Plat Book 19. Page 8 of the Public Records of Collier County, ' •� 1'� Tract B,subject to the •nd' t o in the Plat Dedication and in the Monterey Sin_ F • _ ants recorded in O.R. Book 1672, Page 742 .11 �- ty, • 'de,as amended from �I �f, ,` ~-n in O.R.Book 1370, Page to 6,of and the . !W„ _ ded from time to time. raj Page 856,of the Pu• • • ` ,;�;��(., , The following tracts as depicted ' • of Villages of Mont - •••• idge,Unit Four,shown in Plat Book 17,Page 77 of the Public • - .44M oilier Co . Tracts A and B; subject to the • ••' for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R. Book 1370, Page 884 of the Public Records of Collier County,Florida,as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370, Page 856,of the Public Records of Collier County,Florida,as amended from time to time. The following tracts as depicted the Plat of Monterey Unit Five,shown in Plat Book 17,Page 104 of the Public Records of Collier County, Florida: Tracts A,B,C, D E,and F;subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R.Book 1370,Page 884 of the Public Records of Collier County Florida.as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County, Florida,as amended from time to time. The following tracts as depicted the Plat of Monterey Unit Six, shown in Plat Book 23, Page 21 of the Public Records of Collier County,Florida: Tracts A and B; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Master Protective Covenants recorded in O.R. Book 1370,Page 856,of the Public Records of Collier County Florida, as amended from time to time. worenn nwouw► /2. LA„mil 5/306 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007010301 vs. MONTEREY MASTER OWNERS ASSOCIATION, INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2008,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: 1. That Monterey Master Owners Association, 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 by Sandra L. Hagedorn,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at Monterey Preserve,Naples, FL, Folio 80445002502,more particularly described as(see attached legal) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.07(H)(I)(g)(ii)in the following particulars: Prohibited exotics present in designated Preserve Area. 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, section 3.05.07(H)(I)(g)(ii)be corrected in the following manner: 1. By removing all Category I exotics from all Preserve Areas following the standards set forth in 3.05.07(H)(I)(g)(ii)within 180 days(November 18,2008). All exotics within the first 75 feet of the outer edge of c■cry preserve shall be physically removed,or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed,but the base of vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 18, 2008, then there will be a fine of$100 per day for each day that the violation persists. 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$329.35 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of Maui,2008 at Collier County, Florida. 11 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:■ [�..� i �/ _ Gera d Lefebvre, r air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Ltb day of 2008,by Gerald Lefebvre, Chair of the de Enforcement Board of Collier County, Florida,who is personally known to me or ./C9who has produced a Florida Driver's License as identification. 111��� ,ya"'r ISnNE HOLTON =*� MY COMMISSION# I NOTARY PUBLIC •= EXPIRES:June 18,2pt6595 i My p commission expires: f fi'•• Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Monterey Master Owners' Association, Inc., 1044 Castello Drive#206,Na les FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples, FL 34103 this ZeilThay of nika264. , 2008. sof u# t i.UkW • fi7 e'er M. Jean awson, Esq. if COLLIER Florida Bar No. 750311 ^' Attorney for the Code Enforcement Board I H AEQY C£RTI�THAT a. a 400 Fifth Avenue S., Ste. 300 copy of a document on IfW 44ard Minutes and Recoils of�� Naples, Florida 34102 NtTW ��CDYi1� (239)263-8206 CU try hand and official seat his day of 'W1 E. BROCK,CLERIC Olt;acme • t °c(9-"W Dab BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010301 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT C%i E NOW, nd-rsi n d, �`y �. i� NOW, -� ' �j� on behalf of himself or as representative or espondent and enters into this Stipulation and •g--ement 'th Collier County as to the resolution of Notices of Violation in reference (case) number 2017010301 dated the 22nd day of May, 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 May 22nd, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.07(H)(1)(g)(ii) are described as prohibited exotics present throughout designated preserve area. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$329.35 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must remove all Caitsop ISO/ -xotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within o ays l•f this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. All exotics within the first 75 feet of the outer edge shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the preserve interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed, but the base of vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetatio 3) Respo d:nt must n• ify ode Enforcement that the violation has been abated and request the Invesf• or to co t;-nd perform a site inspection. ..�� sp•ndent fob /✓�{� ichelle Arnold, Director Nie, ode Enforcement Department S./7 /0/7/0 Date REV 2/23/06 2113012 OR: 2243 PG: 2379 f N a INSTRUMENT PREPARED BY: Mee It tirRIK irtlui i d na e'oen, n TERRY V.BROUGHTON.Pso. A1MHI tt 13:3111111111 1. Inn, CIMI 17tt-D2 CAA=W Blvd. Mt 10 11.l1 K001 RoRtr r�nrl=Rt ter. MDT let man.I.D.NO OBI/MONI51 °1We ff MOI i1 1llll (Nam�No.) Op=above Ws 6.e Ice record*dotal QUIT CLAIM DEED This Quit Claim Deed,made this Pi, day of October 19% , Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Grantham,and MONTEREY MASTER OWNERS'ASSOCIATION,INC,a Florida corporation not for profit,Grantee'. Wittman:tit that said Grantor,for and in consideration of the sum of Ten Dollars and no/100($10.00)Dollars,and other pod and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and quitclaimed to the said Grantee,and Grantee's heirs and assigns forever, the following described land,situated,lying and being in Collier County,Florida,to-wa: See the attached Exhibit'A'. To Have and to Hold the same toget i ..wit enances thereunto belonging or in anywise apperta and all the estate,right, ' r- - equity r of Grantor,either in law or equity, for the use,benefit and profit of the tie forever. "Grantor'and for singular or . ,al, context requires. la Witnlit Whereof,Grantor . . _ t6d day and year first above written. ( Signed,sealed and delivered in (II p N WITNESSES TO MA: 'C MO ASSOCIATES, a Florida Pet ,.c. fit.•k /(.� t. ► .� e k f/+. �'I - . r!' ` �} ' • Bun. .. u.President CIRC' MONTEREY DEVELOPMENT • it� i MANAGEMENT COMPANY, Printed Name:. r-....- ,i.,. .,.k a Florida corporation,as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING JNSI'RUM nrr WAS ACKNOWLEDGED BEFORE ME MIS/t DAY or Ocroasa, l996,BY Claus Summon), PRESIDENT op MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FtoaDA OORPORATToN,AS EKIUUT GENERAL PARTNER OF MONTEREY ASSOCIATES,A FLo*tmA GENERA. PARTTBRSAP, WHO IS PR1SONALLY KNOWN TO ME OR WHO HAS PRODUCED i•-•/ /1 AS IDENTIFICATION. .2:4L-elj (i ., �'�!' c..c..- hr, l�OTARY C ( FiL) Pura NAAIE r, ;' / , ..:/. nr.,e} COM.iis4RON EXPIRES . I :p i {' 'au.MmMAIM I � mill: eV00111rOM/X4,qa$ WWI* m IMIM ti sru: 1 /1 ** OR: 2243 PG: 2380 *t* • EXHIBIT "A" The following tracts as depicted the Plat of Villages of Monterey at Woodbridge,Unit One,shown in Plat Book 15. Page 10 of the Public Records of Collier County, Florida: Tracts A. B, C, D. E, F, G. H, J, and all roads depicted on the Plat; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R. Book 1370, Page 884 of the Public Records of Collier County, Florida, as amended from time to time, and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County,Florida,as amended from time to time. The following tracts as depicted the Plat of Villages of Monterey at Woodbridge,Unit Two,shown in Plat Book 15, Page 69 of the Public Records of Collier County, Florida: That part of Mission Drive which is depicted on the Plat subject to the conditions and for the purposes set out in the Plat Dedication and in the Villa Neighborhood Covenants for Villages of.Monterey, Unit Two recorded in O.R. Book 1422, Page 1447 of the Public Records of Collier County, Florida, as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County, Florida,as amended from time to time. The following tracts as depicted the •• 0. •y� u • ,shown in Plat Book 19, Page 8 of the Public Records of Collier County, '_ Tract B,subject to the •nd' • t o in the Plat Dedication and in the Monterey Sin_, • nants recorded in O.R. Book 1672, Page 742 •f t i •-': r- /• ty odds,as amended from time to time and the . r • n -.• in O.R.Book 1370, Page 856,of the Pu• � ty,Fib, , - tied from time to time. The following tracts as depicted t •t: of Villages of Mont-.fat' ' ....ridge.Unit Four,shown in Plat Book 17, Page 77 of the Public ' --• ► oilier Cott • • . Tracts A and B; subject to the co •" • for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R. Book 1370, Page 884 of the Public Records of Collier County, Florida,as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370, Page 856,of the Public Records of Collier County,Florida,as amended from time to time. The following tracts as depicted the Plat of Monterey Unit Five,shown in Plat Book 17,Page 104 of the Public Records of Collier County Florida: Tracts A, B,C, D E, and F;subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R.Book 1370,Page 884 of the Public Records of Collier County, Florida, as amended from time to time and the Monterey Muter Protective Covenants recorded in O.R.Book 1370. Page 856,of the Public Records of Collier County, Florida,as amended from time to time. The following tracts as depicted the Plat of Monterey Unit Six, shown in Plat Book 23. Page 21 of the Public Records of Collier County,Florida: Tracts A and B; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Master Protective Covenants recorded in O.R. Book 1370,Page 856, of the Public Records of Collier County, Florida,as amended from time to time. MOWdeae Y/ .HJ"ra 2113012 OR: 2243 PG: 2319 / ¶14IS INSTRUMENT PREPARED BY: wows is omens MIN et 1164.II1 Ctuiltr R 11I TERRY Y.BROUGHT ON.P50. Uht St 13:3111 llI I. NC's, l',i11L _...__. -.. . _ I-DI cm.i lea 1lt 311 _ ... 11.11 PORT MYERS,FL TYN7 NC-.11 .11 Yts: PARCEL.ID.NO. 1 110111MI Gaeta 1713U�101 (None a No.) IT EDI 11 131I7 'spare aboae Hit tee for tecordiaa dotal QUIT CLAIM DEED This Quit Claim Deed,made this 114 day of October 19% Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Granters,and MONTEREY MASTER OWNERS'ASSOCIATION,INC.,a Florida corporation not for profit,Grantees. Witaesseth that said Grantor,for and in consideration of the sum of Ten Dollars and ao/1OO(510.00)Dollars,and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and quitclaimed to the said Grantee,and Grantee's heirs and assigns forever, the following described land,situated,lying and being in Collier County,Florida,to-wit: See the attached Exhibit'A'. To Have and to Hold the same togethe '; .Wit; mantes thereunto belonging or in anywise appertaining,and all the estate,right, , n,equity tsoever of Grantor,either in law or equity, for the me,benefit and profit of the r I - forever. "Grantor'and • - for singular or • context requires. la Witness Whereof,Grantor . 1'!„ t -day and year first above written Signed,sealed and delivered inP WITNESSES TO MA: - MO - ASSOCIATES, a Florida t n • ership Ltd / / l • Printed Nitre /'r/,: l i i - (`' `..41E e,a cis Bundschu.President MONTEREY DEVELOPMENT / •fir • _ ,, - t MANAGEMENT COMPANY, Printed Name: ,/.. ,'i t,k a Florida corporation,as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BE C)RE ME THIS/(' DAY OF OCTOBER, 1996,BY Claus Bulmaanu, PRESIDENT OF MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FLORIDA coerce TtoN,As ENIT/X Q NeRAL PARTNER of MONTEREY ASSOCIATES,A FLORIDA GENERAL PAKITERSIOP, WHO 1S PPIONALLY KNOWN TO ME OR WHO HAS PRODUCED t`••/ 7 AS IDENRPIGT1ON. • OTARY , Purr NAME { r / • :/• COMMISSION EXPIRES , / :H .( 1 LL gI RRWR aarnmosr/ocs •/`r atrtwn111Ot/was�r WWI* •! f ROB titq.�9► t IMMOMaraAll�lr,�+-» ,r// ' fit OR: 2243 PG: 2380 ttt EXHIBIT "A - .. The following tracts as depicted the Plat of Villages of Monterey at Woodbridge.Unit One,shown in Plat Book 15, Page 10 of the Public Records of Collier County,Florida: Tracts A, B. C, D, E, F. G, H, J, and all roads depicted on the Plat; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in Q.R. Book 1370, Page 884 of the Public Records of Collier County, Florida, as amended from time to time, and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County,Florida,as amended from time to time. The following tracts as depicted the Plat of Villages of Monterey at Woodbridge,Unit Two,shown in Plat Book 15, Page 69 of the Public Records of Collier County, Florida: That part of Mission Drive which is depicted on the Plat subject to the conditions and for the purposes set out in the Plat Dedication and in the Villa Neighborhood Covenants for Villages of Monterey, Unit Two recorded in O.R. Book 1422, Page 1447 of the Public Records of Collier County, Florida, as amended from time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856.of the Public Records of Collier County, Florida, as amended from time to time. The following tracts as depicted the ' �•' .y* , shown in Plat Book 19. Page 8 of the Public Records of Collier County, ' Tract B,subject to the L• d' 1 • • • n t o in the Plat Dedication and in the Monterey Sin_ • • • nants recorded in O.R. Book 1672, Page 742 •f t ,fit �- y ty, oride,as amended from time to time and the • •gym n i -•• in O.R. Book 1370, Page 856,of the Pit. ' , « ,ty,Flea, + a ended from time to time. r�� a The following tracts as depicted t •r of Villages of Mont let ' •••• idge,Unit Four,shown in Plat Book 17,Page 77 of the Public ' -.•4.1 r14.4 oilier Cou . Tg- Tracts A and B; subject to the • .." • for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R. Book 1370, Page 884 of the Public Records of Collier County,Florida,as amended from time to time and the Monterey Master Protective Covenants recorded in O.R. Book 1370, Page 856,of the Public Records of Collier County,Florida,as amended from time to time The following tracts as depicted the Plat of Monterey Unit Five,shown in Plat Book 17,Page 104 of the Public Records of Collier County,Florida: Tracts A. B, C, D E,and F;subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Single Family Neighborhood Covenants recorded in O.R.Book 1370,Page 884 of the Public Records of Collier County, Florida,as amended fmm time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370,Page 856,of the Public Records of Collier County; Florida.as amended from time to time. The following tracts as depicted the Plat of Monterey Unit Six, shown in Plat Book 23, Page 21 of the Public Records of Collier County,Florida: Tracts A and B; subject to the conditions and for the purposes set out in the Plat Dedication and in the Monterey Master Protective Covenants recorded in O.R. Book 1370,Page 856,of the Public Records of Collier County, Florida, as amended from time to time. 1_' ?(.110 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006070815 vs. JOSE PINEDA, Respondent 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 furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4336, PG 2740, et. seq. on March 7,2008. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 28, 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 4,2008, it is hereby ORDERED,that the Respondent, Jose Pineda,pay to Collier County fines in the amount of$6,800 for the period of March 15,2008 through April 18,2008(34 days)at a rate of$200 per day(Order Item#1 and#4),plus S3,600 for the period of March 31,2008 through April 18,2008(18 days)at a rate of$200 per day(Order Item#2 and #5), plus$398.10 for the operational costs incurred in the prosecution of this case for a total of$10,798.10. 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-: 4 uay of (Awl,2008 at Collier County, Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA / BY: Z r i�.r Gerald Lefebvre, r air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,2008,by 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 identi 'cation.,Q . NOTARY PUBLIC KRISTINEHOLTON My commission expires: .,� MY COMMISSION#DD 686595 EXPIRES:June 18,2011 �� Bonded Thru Note?Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jose A. Pineda,3730 7th Avenue N.W.,Naples, FL 34120 this 25e14—day of (Arlj ,2008. /79167 M.Jea awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 Ate&s or FLOR1iVA oonq of COLUER I HEREBY CERTr Y THAT this Is a true am, arrest copy of a document on,tiie in Board Minutes and Records'. ords`ofCattlsr Counter nSEd.ry hanct;and o !• i. i,this of • ' ' t E. .1 ,' ' MN OF Mb= to 4. I° ' - - *' ' ' OA 5- 3o de CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-109 vs. ALFREDO AND MIRADIS MIRALLES, Respondents ORDER ON MOTION TO REDUCE/ABATE FINES AND ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on May 22, 2008,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation; (c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent; (h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines. THIS CAUSE originally came on for public hearing before the Board on October 25,2007,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 October 31,2007 . and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4298, PG 0673,et. seq. on November 1, 2007. 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 October 31,2007, it is hereby ORDERED,that the Respondents,Alfredo and Miradis Miralles, pay to Collier County fines at a reduced rate of$2,000 plus$587.55 for the operational costs incurred in the prosecution of this case for a total of$2,587.55, said sum to be paid within 30 days. If the fines and costs are not paid within 30 days,the fine shall revert back to the original amount of$14,800 for the period of February 23,2008 through May 7,2008(74 days)at a rate of$200 per day,plus$587.55 for the operational costs incurred in the prosecution of this case for a total of$15,387.55. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this Z day of+(y.,,. 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: erald Lefebvre hair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 040...i ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 1 `� KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION DD 68695 My commission expires: t EXPIRES:June 18 2011 '44,,,s Bonded Dim Nobry public Undsnyilnrr. 66 SSW of FLORi$ >musty at COWER 1 HEREBY CERTi'-Y THAT this Is a true an. :orrect copy of a document on,file Board Minutes and Radom of Colic I ,ESS my hand and official seat � t'�d3y v; 1 1. E. BROC C RK • COURTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Alfredo and Miradis Miralles, 1703 Immokalee Drive,Immokalee,FL 34112 thisZday of ,2008. fr/ M.Jean R wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 �r Va5/15f3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-101 vs. AUTO VILLAGE OF NAPLES, Robert Hall, Reg. Agent Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on May 22,2008,on the Motion to Continue agreed to by the parties,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 Motion for Continuance is GRANTED. This matter will be heard on September 25, 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 L day of G , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F -1 RID.A BY.tE , Gerald Lefeb -,Chair 1 SIMI 01�� � 2800 North Horseshoe D ive Naples, Florida 34104 I HEREBY CERTrf THAT this is a lam an. lorrsct copy at a document Ofifititilp Board Minutes and Recor ,r O010 c���t",tltiift�. 51%. ma "h no and 1 ." E. BRK.$ OFURTt ;' limmaimmegmbomilirt lid►'. •••m.....— m• STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this lay of n&Q..L1 ,2008,by Gerald Lefebvre,Chair,of the Code Enforcement Board of Collier County,Florida,who is 1 personally known to me or .."----who has produced a Florida Driver's License as identification. Y\•#1/4rA,51? 41110-1-n"■ NOTARY PUBLIC L. KRISTINEHOLTON My commission expires: ;.: F•, AMY COMMISSION#DD 686595 N•.-��.i EXPIRES:June 18,2011 Jtfb; Bonded Thcu Notary Public undsnvrtera CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert Hall, Reg. Agent,Auto Village of Naples,Inc., 155 Old Tamiami Trail,Naples,FL 34110 this 2S" day of ,2008. 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 LW,6‘)—(dtd CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-05 vs. MARK BRECHER, Respondent, ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23, 2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 4,2008 nunc pro tutu and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4336, PG 3659,et. seq. on March 7,2008 . An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 16, 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 4,2008,it is hereby ORDERED,that the Respondent, Mark Brecher,pay to Collier County fines in the amount of$64,000 for the period of April 25, 2007 through February 29,2008(320 days)at a rate of$200 per day(Order Item#2 and#7), plus $3,800 for the period of March 30, 2008 through April 18,2008(19 days)at a rate of$200 per day(Order Item #3 and#8),plus$600 for the period of April 15, 2008 through April 18,2008(3 days)at a rate of$200 per day (Order Item#4 and#9) for a total of$68,400.00. The operational costs incurred in the prosecution of this case have been paid. 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 lay of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: tea.. _ Gerald Lefebv ,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4,15 day of aki2.1,4 ,2008,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or LAho has produced a Florida Driver's License as identifi ions NOTARY PUBLIC IMMSN _D68cE' My commission expires: MYCO EXPIRES:S June ONN 18C,201i '- '4,:3• 710,▪ ' BondedThru Notary PubGe Under,._as _ ;y CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples,FL 34119 and to Jason Mikes,Esq.,Quarles&Brady, 1395 Panther Lane, Suite 300,Naples,FL 34109 this of 1 ,2008. A29/ 14 M. Jea son Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 a FLOR (239)263-8206 IOWAN a COWER I HEREBY CERTIFY THAT this Is a hat all . *rrect.copy at a document on,file Jo' Board Minutes and Recoras of Collier Cou 'HESS my nd and official seal this ' day of BROCK CLERK OF COURT11 C ^/ 5--/ /0..e. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-06 vs. MARK BRECHER, Respondent, ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 28,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4193, PG 2064,et. seq. on March 7,2007 . An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 16, 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, 2007,it is hereby ORDERED,that the Respondent,Mark Brecher,pay to Collier County fines in the amount of$77,800 for the period of March 26,2007 through April 18,2008(389 days)at a rate of$200 per day(Order Item#1 and#3). The operational costs incurred in the prosecution of this case have been paid. 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 c day of MALI ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA ' BY: Gerald Lefebvre hair 2800 North Horseshoe Driva Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of .t ,2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to nie or "ho has produced a Florida Driver's License as'dent' 'cation. I(RIST1NEHO1.TON NOTARY PUBLIC 'f MY COMMISSION#DD 686555 My commission expires: _r,: EXPIRES:June 18,2011 ''��Rfih gortded Thin Not Pub F t^U^dery rit¢rs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples, FL 34119 and to Jason Mikes,Esq.,Quarles& Brady, 1395 Panther Lane,Suite 300,Naples, FL 34109 this day of , 2008. /17/ e a'YC 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 AM! Of f`L►ORti3A 'Sault/of COWER I HEREBY CERTIrY THAT t***bus s :orrect copy of a dootherit4FILfile Is Board Minutes a ncl Re6args,d ffd .NrrNEss my h ndif; offjc l seat this .. day of =: • CIWIG E. BROOK,"-CLERK OF OCKII jtds0(D CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-06 vs. MARK BRECHER, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tune THIS CAUSE came on for public hearing before the Board on February 23,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Mark Brecher is not the owner of the subject property,but is responsible for the violation. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6780 Vanderbilt Beach Road,Naples,Florida 34119, Folio Number 282280004,more particularly described as: (see attached legal)is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,sections 03.05.01(B)and 03.05.07 in the following particulars: Portion of preserve on Palm Royale property to be cleared of native vegetation. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 03.05.01(B)and 03.05.07 be corrected in the following manner: 1. By preparing a mitigation plan within 30 days(March 25,2007),which meets the criteria of Collier County Ordinance 04-41, as amended, said mitigation plan to be prepared by a person who meets or exceeds the credentials specified in Section 10.02.02A.3;by establishing a monitoring program that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain 8 inimum annually. A minimum of five reports will be submitted by Respondent,due at one year intervals. All vegetation must be planted in accordance with the PUD for this property. 2. By installing plants in accordance with the plan within 15 days of the approval of the mitigation plan.. 3. That if the Respondent does not comply with paragraph 1 by March 25,2007,then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondent does not comply with paragraph 2 within 15 days of the approval of the mitigation plan,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of$442.22 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 28th day of February,2007 at Collier County,Florida,and re-signed this day of ,2008,nunc pro tunc. CODE ENFORCEMENT BOARD , COLLIER COUNTY, FLORIDA BY:Ztt.A. ...I / -J erald LeFebv•-,Chair 2800 North Horseshoe D ve Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ' The foregoing instrument was acknowledged before me this day of , 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida, ho is personally known to me or ------who has produced a Florida Driver's License as identification. KRIS�NEHOLTON NOTARY PUBLIC , t MY COMMISSION fl OD 886.9 My commission expires: l�:''ri EXPIRES:Jung 18%,1i 1 ,j� Dondm.rfinaid9teri PUbi(c.Ur•is�°,ters '' CERTIFICATE OF SERVICE -,1---- ye15 +"S'.'-zi .iuw.,....w.0. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples, FL 34119 and to Jason Mikes, Esq.,Quarles&Brady, 1395 Panther Lane, Suite 300,Naples, FL 34109 , day of � � ,2008. Mos of Pi.ORtUA /` /j eG,,, 6?et...4.,v-,."---/ 3oontf of COW ., M.Jea awson, Esq. ,�;� f� Florida Bar No. 750311 I HEREBY C 'F'"l this Ito true NM Attorney for the Code Enforcement Board o mat Copy of a,... '~t 6. nftte in 400 Fifth Avenue S.,Ste.300 Board Minutes,and Bete:de,;Of corner Cow* Naples, Florida 34102 ITN my, a a t _#1 al seal this (239)263 8206 ,�1 l WINES* of t E.8$OCi JERK OF COURTS N, ■i• 4 ✓ s 3385818 011: 3548 PG: 3960 4 RECORDED in OIIICIAL RECORDS of COLLIER COURT!, fl, PROJECT:Vanderbilt Beach Road-63051 04/23/2004 At 03:57P0 DEIGWT 1. 1110CR, CURE i PARCELS: 156A,B and C EEC PEE 19.50 \v`, FOLIO: A portion of 00282280004 COPIES 4.00 Reta: TRAESPORTATIOE ROY/ACQDISITIOR IrnRoma LORRAIRE LA191 WARRANTY DEED THIS WARRANTY DEED executed this att day of lCt)1 J1ZY'- ,2003,by, PALM ROYALE CEMETERY AND MAUSOLEUM, INC. a Florida Corporation, whose mailing address is 6780 Vanderbilt Beach Road, Suite 305, Naples, Florida 34119 (hereinafter called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Florida 34112(hereinafter called the Grantee): I (Wherever used herein th- -674 641/- ntee include all the parties to this instrument and their r:••ka 0 a heirs, legs a sentatives, successors and assigns.) WITNESSETH: Th t o , o ft •TI•er tion of the sum of Ten Dollars ($10.00) and t el .b erati• gg ipt whereof is hereby acknowledged, hereby gr Os , •ai , e , ien , releases, conveys and confirms unto the Grantee, at certain land si ,:te n •aili:r County, Florida,to wit: L Parcel 156A, more partic -14 •1-- i.e. - ' ;N• h 30.00 feet of the Northeast 'A of the Northeast'A of Section 4, f116?1p;4 ,tir , Range 26 East,Collier County, Florida. Parcel 156B, see Exhibit"A" attached hereto and which is incorporated herein by reference. Parcel 156C, see Exhibit"B"attached hereto and which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. This is NOT the homestead property of the grantor,nor is it adjacent thereto. TO HAVE AND TO HOLD the same in fee simple forever, together with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that THISaid land is free of all encumbrances except as noted above. CONVEYANCE ACCEPTED BY THE This property has been acquired under WARD OF COUNTY COMMISSIONERS, •001.1.11!R COMM at condemnation and Is swept PURSUANT THE from documentary stamp tax. OF RESOLUTION NO.o?Gfl a-Aio3 OR: 3548 PG: 3961 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. WITNESSES: PALM ROYALE CEMETERY AND MAUSOLEUM, INC., a Florida a oration ti.� �� r hi( IA, (Signature) \ (Signature) i2_ iC..2250 �tAe6 W.Ff-iCD (Print Full Name) (Print ull Name ►€SISe nature) Ptint Corporate Title,e.g.,Pres.I Vies Pres.) ... e."7,-,/,.kez,e0.../2__ t FuN Name) STATE OF F l v ri COUNTY OF The foregoing Warranty Deed was elknowledged before me this 1 day of 2003, by S AJ Pi e. nn__behalf of Palm Royale Cemetery and Mausoleum, Inc.,who: .--,6R C}O�\ Iis personally known to �C'�� ?.�- OR / _ produced aro gavil a.s. T as proof of identity. (affix notarial seal) Al;0.�i i. .`�f 4 4 _A F(a, to OOTARYSEAL Pp P . ., • • Public) DENISE FRANCO NOTARY PUBUC STATE FLORIDA T l,1 F ,1 - COMMISSION NO.DD056940 -- - Commission#(if any): MY COMMISSION EXP.SEPT 13,2005 My Commission Expires: Approved as to os ten-1 ...m.+,..n.v Assi tut County .‘wlIwo I OR: 3548 PG: 3962 • 1 EXHIBIT. A N 00'06.11" E 12.00' Page..._L.■11311:10iNIM, a 11 SOUTH ROW'UNE 0 • 40' 80' 120' PARCEL 158B t I • 71 D X • z , o.) m t ZF=co Notes: OE tr141 y I3 1. This is not a survey. N , — ?> 2. Basis of bearing is state n plane coordinates. Florida East . ' = . R CO Q?, Zone. �`+ 3. SubJect to easements. t reservations and restrictions of record. 4. Easements shown hereon I ! •re per plat. unless otherwise oted.(C 6111 I r i, 5. ROW represents Rlaht of PqN lCF EGINNING: ay. N89'S3' S 00'08'11" W 1 841.5 • 12.00' (J N. T C I - • , ., •.`L. y. .,1..i I NORTHEAST CORNER SIMPLE TRACT 8W �� 4^'49-28 1, GOLDEN GATE �50030'18"E ESTATES UNIT 2 i 30.00' • ' Description: . A portion of the Northeast one—quarter of Section 4, Township 49 South. Range 26 East, Collier County. Florida, being more particularly • described os follows•. Commence at the Northeast corner of Section 4, Township 49 South, Range 26 East, Collier County. Florida; thence South 0030'18' East, along the West line of Trost bw of Golden Gate Estates Unit No. 2. as Recorded In Plot Book 4, Page 75, of the Public Records of Collier County. Florida, for a distance of 30.00 feet; thence North 8933'49" &,/. /#4. West. along the Existing Southerly Right of Way line of Vanderbilt Beach ANDREW B. BECK, P.S.M. (FOR THE FlRM) Rood; for a distance of 841.59 feet. to the POINT OF BEGINNING of the F1.A, R O, 8085 herein described parcel; thence South OW08'11* West, for a distance of DATE SIGNED) 12.00 feet; thence North 59153'49' West. for a dl.tance of 382.05 feet; N T D WITHOUT THE SIGNATURE AND thence North 00'08'11' East. for a distance of 12.00 feet. to a point THE ORIGINAL RAISED SEAL OF A FLORIDA of intersection with said Southerly line; thence South 89'53'49" East. UCENSED SURVEYOR AND MAPPER OF along said Sou herly line for a disocne,of 362.05iese t, to the POINT . masers .v/4./,rte Folic �� la��gv � M1D�'NO. 000,61 1 MOOS. 1 wen °U°"' OOLLAITI 00(WY CIIAflT'AV7 WIIsi►iMIIIer. ' , ,,,,,� '"�", mono.•.M..rs•art,M,.•.aaev.•LMrawr/.Ant m*•A....LL,One.,* �.t - ..,,.,...�,_. naJacr ND: sett reties! - �D, ON err werer•sgywrs EWSC is ' I Illy or JOr 1 L-972 Nov 04, 4003 - 14411,30 le_AMAt ED4\SlR\W114\VMIDY\3L771-1Awg OR. 3548 PG: 3963 - ' N00'06'11"E Z 12.00' • 0 30 60 90 EXHIBIT.., SOUTH ROW UNE Page–,._L-1_ FEE 00 ,_,.,. INTEREST / m XZ or X Frl Description: rZ CO A portion of the Northeast one–quarter of Section ra •ARCEL 158. South, 26 rCounty, Florida, being more Range described us follows: 0 4 D P Commence at the Northeast corner of Section 4, Township 49 South, Range 28 East, Collier County, a / it m > Florida; thence South 00'50'16' East, along the ri 0 = West line of Tract 8W of Golden Gate Estates Unit No. 2, as Recorded In Plot Book 4, Page 75, of u Z7 - f ' bilc Records of Collier County, Florida, for a a, Q v?,K cr 30.00 feet, to the POINT OF BEGINNING • '1 described parcel; thence continuing South 0 • East, along sold West line for a distance o 2..% fest; thence North 8933'49' Wee or a .st• e of 423.83 feet; thence North 00'* " East, for a distance of 12.00 feet, to a 114 1•tl• with the Existing Southerly r o Vanderbilt Beach Road; thence 1 O '`• 9' a_t, along sold Southerly Ilne for r" ,,/ '• feet, to the POINT OF / : "b o 4,. g 0.117 acres, more or less. G� ��. .S. POINT OF BEq� I1 �;'�RL�,` PORT OF COMMEN eME T:T: / NORTHEAST CORNER SECTION 4-49–Z8 FOLIO NO. 00282280004 S00'50'16'E 12,00' S00'50'16'E 1nCr.8W "0'00' GOLDEN GATE ESTATES UNIT 21 /e .uf ,, 4' DAVID . /ATT, '.S.M. FOR THE FIRM) Notes: FLA. UC. 0. 5834 5"/7-0.Z.,. (DATE SIGNED) NOT VALID WITHOUT THE AD 1. This Is not a survey. THE ORIGINAL RAISED SEAL OF SIGNATURE A FLORIN UCENSED SURVEYOR AND MAPPER 2. Basis of bearing Is state SKETCH AND DESCRIPTION Zone. coordinates, Florida East W I LK I S O N 8C ASSOCIATES INC.3. Subject to easements, ENGINEERS, SURVEYORS AND PLANNERS reservations and restrictions 3506 EXCHANGE AVE. NAPLES, FLA. 34104 of record. (941) 843-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LB5770 4. Easements shown hereon SCALE SEC/SUB 'W.O. N0. DRAWN BY FILE NAME are per plat, unless otherwise noted. AS NOTED 4/49/26 0224.1 EAW VANDYBASE.DWG 5. ROW represents Right of DATE SHEET FB PG CHECKED BY DWG. NO. t\Way. 05/02 1 OF 1 DJH VBR–L-156A 1 • Details Page 1 of 1 Property Record I Aerial ( Sketches L Current Ownership Parcel No.[00282280004 Property Address 6780 VANDERBILT BEAC RD Owner Name PALM ROYALE CEMETERY& Addresses MAUSOLEUM INC 6780 VANDERBILT BEACH ROAD EXT City I NAPLES State FL Zip 34119-1465 Legal, 4 49 26 NE1/4 OF NE1/4 OF NE1/4,NW114 OF NE114 OF NE114 &GOLDEN GATE ESTATES UNIT 95 OUTLOT A LESS OR 3092 PG 976 *For more than four lines of Legal Description please call the Property Appraiser's Office. Section I Township Range Acres Map No. Strap No. 4 I 49 26 23.22 4B04 492604 002.0004B04 Sub No. 100 ACREAGE HEADER Millage Area ./01 Millage f. Use Code 76 I INSTITUTIONAL I 46 11.065 2007 Final Certified Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll I Land Value $2,569,175.00 Date I Book-Page l Amount I(+)Improved Value $302,158.00 11/2002 I 3153-2377 $0.00 (_)Just Value $2,871,333.00 1012000 I 2734_-_1$5 II $0.00 I(-)SOH Exempt Value $0.00 051 1999 I 2541-2777 II $1,500,000.00 I (_)Assessed Value I $2,871,333.00 I I(-)Homestead and other Exempt Value I $0.00 (=)Taxable Value I $2,871,333.00 SOH="Save Our Homes"exempt value due to cap on assessment increases Now Search The Information is Updated Weekly. hits://www.collieraooraiser.com/RecordDetail.asp?Map=&FolioID=0000000282280004 5/22/2008 COLLIER COUNTY,FLORIDA /� CODE ENFORCEMENT BOARD v CEB CASE NO. 2006081251 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. GULFSIDE INDUSTRIAL RENTALS,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared May 22nd, 2008, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 22nd, 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 4365 PG 1412, et. seq. 2. That the respondent contact the investigator. 3. That a re-inspection was performed on September 8th,2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by order#1 of the Board by obtaining after-the-fact building permits and all inspections through certificate of completion for all unpermitted construction/remodeling additions of structure within 45 days of the date of this hearing(July 60'2008). The permit was Coed on June 9th,2008. FURTHER AFFIANT SAYETH NOT. Dated September, 8th,2008. COLLIER COUNTY,FLORIDA CODE r O'CEMENT BOARD W AO' Kite e 1 T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER lwTn to(or a' r • ed)and subscribed ,-fore me this 8th, September,2008 by Kitchell T. Snow. t.. 1). i.- ,4. 41 r. • A (Signature of Not.w Public) Commissioned 40 Notary Public State of Florida (Print/Type/Stamp R Colleen Davidson Name of Notary Public) My Commission DD558435 of esr Expires 05/30/2010 Personally known Rev 1/9/2008 4172113 OR: 4365 PG: 1412 RECORDED in OFFICIAL RECORDS of COLLIER CODM?Y, FL 05/30/2008 at 09:15AN DWIGHT I. BROCK, CLERK RIC FEE 35.50 Retn: COLLIER COUNTY CODE INFORCENEN CODE ENFORCEMENT BOARII�BNDISA KARKU/ OPBR COORDINA? COLLIER COUNTY,FLORIDAINTEROFFICE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2006081251 vs. GULFSIDE INDUSTRIAL RENTALS, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearingyyrelt- :•. :• e 1y., '018,and the Board,having heard testimony under oath,received evidence • • respective to a •;y�•: '•to matters,thereupon issues its Findings of Fact,Conclusions of Law •n ' •er of the Board,as folio I. That Gulfside Industrial R, tal is t - • --r of •e su• -c prope 2. That the Code Enforcem- t B••r• •ri di ti• • .- o • e R e.pondent and that the Respondent,having been duly not fed, :p•-.t • at he pu•1 :fin! ■y oh Fo• ello,and entered into a Stipulation. (� 3. That the Respondent was n• `( , of the date of hearin. i_ e fi • and by posting. 4. That the real property located 4' xchange Avenue,Na• , ' ,Folio 0027888007,more particularly described as The South %:of q.. • the No • : • e Norwest'1/4,of the Southeast'/ part of Section 36,Township 49 South,Range 2 - • ' • t: •• •••'vision.(Parcel,South %:No. 105) is in violation of Collier County Ordinance 04-41, : •■s •pment Code,as amended,sections I0.02.06(B)(I)(a), I0.02.06(B)(I)(e)and I0.02.06(B)(I)(e)(i)and the Florida Building Code,2004 Edition, Sections 105.1 and 105.7 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,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a). I0.02.06(B)(I Xe)and I0.02.06(B)(I)(e)(i)and the Florida Building Code,2004 Edition, Sections 105.1 and 105.7 be corrected in the following manner: 1. By reapplying and obtaining permits for all unpermitted construction/remodeling/additions of office •space on property and obtaining all inspections through certificate of completion within 45 days(July 6,2008). OR: 4365 PG: 1413 2. In the alternative,by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within 45 days(July 6,2008). All construction waste must be removed to the appropriate site for such disposal. 3. By ceasing any activity that is not in compliance with and in accordance to the Land Development Code of Unincorporated Collier County. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by ,2008,then there will be a fine of$200 per day for each day until such time as the unpermitted construction/remodeling has been permitted,inspected and CO'ed. 5. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by 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. • 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$438.11 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 • M. :, lle`i► •e Board's Order. DONE AND ORDERED this .0.11111.. of , l�t�ya 'Hier County, Florida. t" ODE EN •RCE N :OARD 4 LINTY,F • 'IDA —411iitirlia„ok 4/AS • Iefe�� ', h 7 - .- (� t t"•:orth. • . s � a riv Naple . Ions': 34 1% STATE OF FLORIDA ) Cn� 4 O )SS: COUNTY OF COLLIER) The foregoing instrument was ackn• et' ,_ • r: iis •• day of eiVIA1 2008,by Gerald Lefebvre,Chair of the Code En o a• :• • • Collier County, Florida,who is personally known to me or • who has produced a Florida Driver's License as identification. y"k KNOW tM ' W COMMISSION.DO686595 NOTARY PUBLIC - - EXPIRES June 18,2011 liondsd My commission expires: Slate or FLORIDA .:ovaty of COLLIER 1 HEREBY CERTIFY MT N. Beard copy at a document o Minutes s and Receive ' rrN_E my hind and 's . . •. • `�`rday ll�lu. t . . BROCK,P2T__ .. OR: 4365 PG: 1414 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.M ' to John Costello,Gulfside Industrial Rentals,Inc.,4303 Exchange Avenue,Naples,FL 34104 this day of �,2008. M.Jean wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 titi1 RCOO- GO 9. -' 9...,CC 0 ir V ,4 , ,,, ,, . fir` , G0 O, Cl� fE CI - • BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4365 PG: 1415 Petitioner, Vs. DEPT NO. 2006081251 GULFSIDE INDUSTRIAL RENTALS, INC JOHN COSTELLO, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006081251 dated the 22nd day of May, 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 22nd May, 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) 10.02006[B][1][a, 10.02.06 B - i] ] and The Florida Building Code, 2004 Edition, Section 105.1 and 105.7 - d T- .ii,-. onstruction/ additions done without c proper building permits. THEREFORE, it is agreed betw- n t - , ies • - •- ; _spun••;nt - all; 1. Pay operational costs n t - amou o -38.11 incurr=• i the prosecution of this case within 30 days of the •=te • is - i . 2. Abate all violations b • t_ E-., f A. Re-a ppl r p obtain perr t(s) l!r t e • ction/remodeling/additions to the building .:lye• .tain all inspectio "t i , 1 ; ificate of completion (CO) within 45 days of the' - . this hearing or a f• 00.00 a day will be imposed until such time as the •. r • ' •,- - • • .:u. -. .�d'Co'ed. OR Obtain a demo permit and remove any un•- t remodeling/additions within 45 days of the date of this hearing an• 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 unpennitted 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 a ust notify the Code Enforcement Investigator when the violation • - been •• ,:to in order to conduct a final inspection to confirm abatement. S , / ` 0 t .-—-- e pondent Mic elle Arnold, Director 0 Z.---/i 171 ,5".z.2-- ee Code Enforcement Department Date Date REV 2/23/07