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Backup 05/22/2008 Code Enforcement Board Backup 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 TO FIVE (5)IMINUTES•UNLESSTHE TIME IS TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE ADJUSTED BY THE CHAIRMAN. ALL S OF OS R AND SPEAK ONE AT THE TIME SO THAT THE COURT REPORTER CAN RECORD RULES OF ODER AND 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 NEITHER ODE EN RCEMENT BOARD SHALL RESPONSIBLE COUNTY NOR THE CODE O BE FOR PROVIDING COUNTY 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 N0. 2007110853 2. BCC vs. Jon and Lisa Meszaros CEB NO. 2007110088 3. BCC vs.Mary A.Luedtke 4. BCC vs. 6240 Collier Group,Inc CEB NO. 2007080153 CEB NO. 2007100180 5. BCC vs.Hamo Gutic 251 CEB NO.2007010485 6. BCC vs.Gulfside Industrial Rentals CEB NO. 2006081251 BCC vs.Angel and Norberto Hernandez CEB NO. 2007010111 8. BCC vs. Monterey Master Owners Association,Inc CEB NO. 2007010301 1 9. BCC vs.Monterey Master Owners Association,Inc CEB NO. 2007010302 10. BCC vs.Monterey Master Owners Association,Inc 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs.Mark Brecher CEB NO. 2007-05 2. BCC vs. Mark Brecher CEB NO. 2007-06 3. BCC vs. Auto Village of Naples CEB NO. 2007-101 4. BCC vs.Alfredo and Miradis Miralles CEB NO. 2007-109 5. BCC vs.R.P.K. Enterprises of Bonita,Inc CEB NO. 2007-121 6. BCC vs. Jose Pineda CEB NO. 2006070815 B. Motion for Reduction/Abatement of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office I. BCC vs. Mario A. Alvarez CEB NO. 2007-29 2. BCC vs. Angel Riquelme and Lissette Riquelme CEB NO. 2007-42 3. BCC vs. Glen Hollingsworth and Marsha Kendall Hollingsworth CEB NO. 2007-57 4. BCC vs. Ted Zhi Luo CEB NO. 2007-100 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE- June 26,2008 11. ADJOURN COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County,Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1)year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the Board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times and places as needed, and determined by the Board, in the Collier County Commission Chambers. The Chambers will be open to the public at 8:30 a.m. The Board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three(3)members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)successive board meetings without a satisfactory excuse,he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 6. Quorum. A quorum of the Board shall consist of four(4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. 2 Section 7. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 8. Records. All records of regular and special meetings or hearings shall be open to the public. Section 9. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Section 10. The Code Enforcement Board shall be governed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing 5. Old Business A. Motion for Imposition of Fines/Lien(Property owner present) B. Motion for Reduction/Abatement of Fines 6. New Business 7. Consent Agenda A. Motion for Imposition of Fines/Liens 3 B. Request to Forward Cases to County Attorney's Office 8. Reports 9. Comments 10. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. Actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail,return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten(10)days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board,the supervisor of the Code Enforcement Investigator involved,and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s)to the Secretary of the Board for distribution to the Board Members at least fifteen(15)business days prior to the Board Hearing. In order to have the information submitted to the Board Members,the alleged violator shall submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of 4 Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her answer/response packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one(1)hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so,the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts,exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any 5 v . provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida,Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name,mailing address and physical residence. e. If the Respondent/alleged violator is not present and is represented by a person other than an attorney,the Respondent should submit a notarized letter to the Chair of the Board granting that individual permission to represent him/her at the hearing. f. Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required,he/she shall notify the Board Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. 6 n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any,the Board shall consider the following factors: (1)the gravity of the violation;(2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10) days. p. In the event the violation is a violation described in Section 162.06(4),Fla. Stat.,the Board shall notify the County Manager,which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party, but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty(20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing,it may:(1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or(2) Modify or reverse its prior Order, without receiving further evidence,providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. 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 (a 7 new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines shall be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent;(b)names of all owners of the property which is the subject of the violation;(c) physical address of subject property;(d)nature of violation;(e)description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect);(f)mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Board;(h)signature of Respondent;and(i)all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Motion for Reduction/Abatement of Fines,attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3. Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Board may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent 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. Section 4. The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules,where applicable. Section 5. If a reduction is granted;the reduced fine must be paid within thirty(30)days, 8 unless otherwise specified in the order, or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time,the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Board will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon a Motion for Imposition of Fines being filed by the County,the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the County's Motion, when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence of the period of non-compliance, the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for Abatement/Reduction of Fines and any testimony in support thereof.Respondent may also,at the discretion of the Board,be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigating circumstances. In rebuttal,the County may be given the opportunity to present testimony regarding aggravating circumstances. 9 Section 4. The Board shall determine the amount of fines as applicable to be imposed.In determining the amount of the fine, if any, the Board shall consider the following factors: (1)the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed One Thousand Dollars($1,000.00)for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred.In the event the violation(s)has/have not been abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court,such Order may be enforced in the same manner as a court judgment by the sheriffs of this State,including levy against personal property,but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance,whichever comes first. After three(3)months from the filing of any such lien,which remains unpaid,the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homestead under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty(20)years after the certified copy of an Order of Imposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien,the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. ARTICLE XII Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the 10 Board. Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)'interest will be affected by the Board's decision,the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board,at its discretion,may ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s)or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS, As Amended,ARE HEREBY APPROVED this )'8 iii day of re b r u. 0 el , 2008. COLLIER COUNTY CODE ENFORCEMENT BOARD /CO .�� , . ,via..—. -� erald J. • ebvre, (Chair / enneth Kelly 1\/1,\) Ric,E1161 r, ;'grin: c A reP. Ponte i u der arry can 'e Morga 1 i1 ..... , (;;<:::;Kez,.4...---- 11111111111111111k6, -...21.111W.: AL- •' C& liZ _ E wardd L. Larsen ; ° L'Esperance,Alternate Charles Martin,Alternate 11 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James Bachmann, Respondent(s) Case No. 2006090001 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090001 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BACHMANN, JAMES, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unauthorized/Prohibited above ground pool in Agricultural zoned property LOCATION OF VIOLATION:1180 Dove Tree ST Naples, FL SERVED: BACHMANN, JAMES, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA /Th 34112(239)774-8800,ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE {- COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. - DEPT CASE 2006090001 James Bachmann,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 of the Collier County Land Development Code section 1.04.01 and 2.02.03. 2. Description of Violation: Unauthorized/prohibited above ground pool in Agricultural zoned property 3. Location/address where violation exists: 1180 Dove Tree Street Naples Florida 34104 4. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street Naples,Florida 34104 5. Date violation first observed:August 31,2006. 6. Date owner/person in charge given Notice of Violation: July 6,2006. ,-1 7. Date on/by which violation to be corrected:July 20,2007. 8. Date of re-inspection: July 23,2007. 9. Results of Re-inspection:Above ground pool not removed. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Codv ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo. d fo blicl aring. Dated this 15th. day of August, 2007 I 01 ichelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or a'.-10-.1 ed . . subscri 9 ed before this( of ,2007 by I (Signa �f Notary Public) ..r1, , i]?• e .-, • _d I a,'w 4 otary Pub �� Personally known or produced identification , .:. �. Type of identifica on produced '; `;. ;..:, t: -�'�= P—\ t .... tla.y....tl... tl...issue tl09{tl U REV 3-3-05 r Ili "Op ;,:-,L' n g. COLLIER COUNTY CODE ENFORCEMENT ? . T4 NOTICE OF VIOLATION er• . nines Bochmann Date: 7/6/06 Investigator Michelle Scavone Phone: 239-213-2973 Zoning Dist Agricultural Sec 14 Twp 49 Rng 27 Mailing: 1180 Dove Tree Street Legal: Subdivision 100 Acreage Block 056 Lot .000 Naples FL 34104 Location: 1180 Dove Tree Street Folio 00304040009 OR Book 3031 Page 2039 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation(s) of the following You are directed by this Notice to take the following Collier County Ordinance(s) and or PUD Regulation(s) corrective action(s) exists at the above-described location. Must cease use of prohibited pool and remove unauthorized pool in this zoning district, or obtain a ®Ord No. 2004-41 Section 1.04M1 zoning verification letter stating that pool is directly ®Ord No. 2004-41 Section 2.02.03 ❑Ord No. Section related to a bona fide agricultural use on this ❑Ord No. Section property. ❑Ord No. Section Supplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: July 20, 2007 / iserved on this Agricultural zoned property, with a bonified ricultural use permit an unauthorized/prohibited above ground Failure to correct violations may result in: pool in rear yard without prior Collier County approval. 1) Mandatory notice to appear or issuance of a citation No development shall be undertaken without prior authorization that may result in fines up to $500 and costs of pursuant to this LDC. Specifically, no building,structure, land or prosecution. OR water shall hereafter be developed, or occupied, and no building 2) Code Enforcement Board review that may result in structure, or part thereof shall be erected, reconstructed, moved fines up to $1000 per day per violation, as long as the located or structurally altered except in conformity with the violation remains, and costs of prosecution. regulations set forth herein and for the zoning district in which is located. SERVED BY: OAny use or structure not specifically identified in a zoning district Personal Service ❑Certified Mail OPosting of Propert as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. ❑Fas :Mail INQUIRIES AND COMMENTS SHOULD BE DIRE CI / L 1 ED TO CODE [.../ ENFORCEMENT INVESTIGATOR: Michelle Scavone S'A . I e and Title of Recipient 2800 No.Horseshoe Dr.Naples,FL 34104 Q (239) 213-2973 •(239) ♦/. 3930 JAAES &84 4" Investigator signature 1 / Ot j' 'jCaM �)�___ Print �U \ Dated this VIOLATION STATUS: day of ' '20O/ r' I. Initial ❑Recurring []Repeat it Florida. Credit is gratefully given to the other members of the publisher's staff for their cooperation and assistance during the progress of the work on this publication. The publisher is most grateful to Mr. Patrick G. White, Assistant County Attorney, and Mr. Russell Webb, Principal Planner, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in making the Land Development Code readily available to the public. TABLE INSET: MUNICIPAL CODE CORPORATION Tallahassee,Florida ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER :4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE // PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND n IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PROCEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS-REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to § 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action concerning these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County ■• ■, COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word "shall' is always mandatory and not discretionary; the word 'may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. • G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly Indicates to the contrary, where a regulation involves two or more Items, conditions,provisions,or events connected by a conjunction"and,""or,""either. ..or,"the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. "Or"indicates that the connected items,conditions, provisions or events may apply singularly and in any combination. 3. "Either. . . or"indicates that the connected items, conditions, provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day" shall mean a calendar day. . ._ C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word "week° shall be construed to mean seven (7) calendar days. E. The word"year'shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY Sri The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 • GENERAL PROVISIONS 1.04.04 Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be,and shall apply uniformly to each class or kind of structure, use,land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total Unincorporated area of Collier County, except to the extent as expressly provided herein. It shall.be•unlawful for any person to create a subdivision of,or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County,except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. • 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any.lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LDC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any (1)final subdivision plat and final improvement plan, (2)final site development plan, or(3)phased site development plan that has been approved for at least one final site development plan,provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other,structure, or use,except where specific provision is made in this LDC. LDC1:5 COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases"industrial districts,""zoned industrially,""industrially zoned,"Industrial zoning,'or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use,or accessory use shall be prohibited in such zoning district. • 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A°.The purpose and intent of the rural agricultural district"A' is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in theA district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agriculturaVrural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E°is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited Instances, it may occur outside of the estates land use C r +� *** 2977236 OR: 3031 PG: 2039 tits r/snareJ Ily l.u.Aao brinwea•Srtrgg n 11071011 in OIPICIAL !COLDS of COLLIIL COUNTY, IL lowed This Cuaranty Altory,1nr• OS/Oi/2002 It 12:1111 DOIG1T 1. IIOCI, CLIII k1N 1'sit 8hd" CON! 21100.00 VAM.ENt fl IIC ill 1.00 lacidewal k:lb*iuuraose al a site t'.arrare 1x+1:1 DOC- 70 1)3.20 i Its?Jurubrr 011 ides COrIIS 1.00 Parer!ID a:00. i.ivahetta►!;S a ItsC 1.10 K ARNAh Tl'U1:F.0 tits: iR*iblilIy1'AL} I3111I0 TITLL MUTT MKT I 1ICE1? 1'Lra WA118AUTV DlLly..tate.i nI,iV21101 n. liscoseonanvometaaoccapeaccauvessoemx tarsals Jo Virginia Voriaxrt.an Oar)married neighs,.Curt isin4 spouse a A%idiom imam Norman *hose post°tiler Addrras... 1170 7l1 ay..11.Ws%apses,01.21110 berewfler called the O.Q :'l!R,w Jana liselaaaaa ',shoo putt genies..+Arse•is 118 Fdmiad St Hollywuud, 0L J30,3 , hereinafter eslieJ the GRAN•l'LL `1 .hanve,sass✓hetcit the terms•Ciar.tr :^d 'iitan.et'' tk•ludt t. 1%4/11,111 tr.lb.,.nubwUhN ahtd'lie hens 1,,01 r:pressatabvea eta: as.'i(is oria.11s,1'1d,an)the weceauttt enC sea,tut ul:u:pu:at:nnt I WITNFSSRTH• That the(IRAN l'Urt, for sr 1 ii vonsile.tion of the sum.1t 1101kh and adtat saluahk:rumrl;n how ss•.&pi %Lotus!is arrbly achcAviwiroft.hauls?1!raau.Larpad t.scl 5.ahrts.r:lobs:a.:eltaWil.sensayi atnl is'rliam tarsi the/UEA.\'1 EC. a:t Urn sena:a Imam situate UI Collier Cramp,Florida,rot. a 4 The Wed 17 of lila South 1/2 al the aou,:i 1'2 of the S I/2 of the Nardi L2 al the Nntthaew 1!1 Wu rho West 10 fret Ihsraof. *Would fur rood purports,lying sad being In Sestina 14,1 ow midis 40 South,firings 21 rash collier Calmly,Melds. Ciranlor hereby warrants that tlrr prupw Iy dcu•nhed ill slut instrument is not his tuu►titutilsraal h nie'etrl 2k!rm.idee by the Ennuis Cnrstuuuurt. I JUWt:1•'t .0 tuteaautr.Loildiu,la.'Citric:mot,C.:441134.•. .. .jU01. .a.Irwnti urn at.lera:;:ita O.tet.ed, loony. laaei LIJ a.sessmorsts hint the sear 31102 and ...h►uyucnl sa. a tl } .1„•g Mitnan:-.5 111.4.0!tw i.trh' olu and Ifnhibruwnt rlrclar4 fly g wmvreotal allanlltr.`.,ll my ( LjAliN 1 ACiETNEI(w.di atl ttc sensmeru, hosJir, •rJ app,tteon:h es liege:°t , ue u:a tyolis apperttIar.g. To HAVE ANT/TO H111.[I.the same it to:s no.,,..,,;T AND 1UL GRAN IU,(nrroby i•ur.•;: Is w ,sd ' 17 '..^q r ;r4. ..CAA..IUN is!solidly svia vt u•sa:.t .�■ .erod an tit wnple:that the Citt .SITo hm. Jig at A 1 rests .. ca:J Is.id:nut Orr I.MAN I r It bw,bi wily warrmara ship gait t•.+arid inn';.art ill I d• 1.r sour t- 6,c tl, i� •. ova t. n ,rse 1 n t + Mw IN WITts'FSS UWE ' 151tAh I'_t' : •g.erl and sc:de.t teat pr •nb t'.r. ' It,case SWVFOIN' !tp I• 'Lrici. if till 1s t **IN()A't1P1•sL5: �` Q ; Fr ho N / �j P"r"1'7'Irtr N (ipso ��`h ��?� RNrr i� 1•50"'"-- y C� N�►SS-L8�{,UL-4557-as Print Mans State of, (C M'st/� • County of_„ I AM a woo)piabltr..t the Sun`a! S104.4krcrti el.nrtwuitiaa saputs. 1'H i.i'ClNHicilh1(,D ST I.'MENT oat acknn.s lids se hernee Ins ou!MAUNA; L./. Quids Jn Welirds Nurmwl,an simmer sod whirs,iurvibilig Ipowo or N71Yam kr it is Norman b L CA14.1t. ,+t554s. clams L Chemins 1 •MrCeowat.n app1 s •/• EysJren, 0,2000 ....-5.., 1 a l 13b(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 in day of Mai ,2008 at Collier County,Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY,F O RID B 'WM `Gerald Lefebvr,Chair 2800 North Horseshoe Dri Naples,Florida 34104 SWISS aF ilaulgy a coWER 1 HEREBY CERIVY 71411T this Is I es.M ;owed caPY of a QA,ffla tR of colllet Com Board Minutes., . 4 ► �.seal.. • ay0 , .:. =14' E. ' ' ,C 4R11 FLOUT$ 'we if STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this6ay of MOIA1 ,2008,by Gerald Lefebvre, Chair,of the Cie Enforcement Board of Collier County,Florida,who is personally known to me or •/ who has produced a Florida Driver's License as identification. KA):4tAn..4 k4CLU/S>-- V KRISTINE HOLTON 1 ,a∎ MY COMMISSION#DD 686595 NOTARY PUBLIC .o.- _:. EXPIRES:June 18,2011 My commission expires: Bonded Thru Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to 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 2,106day of _,2008. 717 " vc 1: ?,0. .,(/"Ali1Y‘— 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 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jon and Lisa Meszaros., Respondent(s) CEB CASE NO. 2007110853 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-6 Deed 7-8 • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007110853 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MESZAROS, JON & LISA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4911 TALLOWOOD WAY Naples, FL r•, SERVED: MESZAROS, JON=& LISA, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile ■—•., IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007110853 Jon&Lisa Meszaros,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)(2004-41,As amended, The Collier County Land Development Code Section 10.02.06(B)(1)(a) 2. Description of Violation:Failure to obtain permits for improvements and alterations to the garage. 3. Location/address where violation exists: 4911 Tallowood Way Naples,FL 4. Name and address of owner/person in charge of violation location Jon/ Lisa Meszaros 4911 Tallowood Way Naples,F1 5. Date violation first observed:January 3h 2008 6. Date owner/person in charge given Notice of Violation:January 46 2008 7. Date on/by which violation to be corrected:April 4'h 2008 8. Date of re-inspection: April 7th 2008 9. Results of Re-inspection:Inspection revealed that owner did not apply for a permit and violation remained. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th day of April, 2008 dge-1/&Z9 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t• (or a is •i ed)and subscribed before this 8th day of April ,2008 by Lk IA.161 i QJI CMG- ( ignature o otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_x or produced identification Type of identification produced -am'OD mama DLLNVILV num.Qaa o 600Z`TZ'yya :sandxS so£TOSQQ#uOTsslartuo3 "'IF' etaaeD y� ,aia?t1S REV 3-3-05 VQRi0u I0 a1V S-OrIS1d AMON 9 E ) Case Number: 2007110853 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MESZAROS, JON=& LISA Date: Jan/3/2008 Investigator: Renald Paul Phone:403-2443 Mailing: MESZAROS,JON=& LISA 4911 Tallwood Way NAPLES, FL 34116 Zoning Dist: E Sec 16 Twp 49 Rng 26 Legal: Subdivision Golden Gate Est Unit 34 Block Lot Location:4911 TALLOWOOD WAY Naples, FL 34116 Folio 38398480003 OR Book 3164 Page 546 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB)Ordinance No.2007-44, as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above- described location. Ord No. 04-41as amended Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations.For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits.No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s),inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code LDC 10.02.06(B)(1)(a) Violation Status-Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Garage converted into a living space. [ ] Supplemental attached ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Legacy Inspection 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. [ ] Supplemental attached ON OR BEFORE: Apr t l is , 2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2 INVESTIGATOR: 2800 No. Horseshoe Dr. Naples, FL 34104 (239).4Q3-2443- F (239)403-2343 Investigator Signature A XQ L., 0-0 / 11. Signature and Title of Reciprnt ar �esz>iAr S Printed Name of Recipient Dated: JanuaryJ,2008 4�. • ORDINANCE NO. 04-41 • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC.1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER'2 - ZONING 'DISTRICTS AND USES,..INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC.2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. • 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR.LISTED SPECIES,SEC.3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 •W GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- . TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4;CHAPTER 5-SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6-INFRASTRUC- - TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT • SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- • NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- • OPMENTWITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 A APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ■-•-■ permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, • showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and 4110't not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 r 3087100 OR: 3164 PG: 0546 MU SD U OFFICIAL MOON of Count COUR, FL 12/12/21$2 it 11:3101 MICR I. {IOR, CUM / C-I1C CO 1 F I1 .I1 5236:121.1151 t"--■ 1 Lila: 111111!MY I FICA Q Rewrn to: MIDWEST TITLE GUARANTEE COMPANY OF FLORIDA z 3931 N.Tamiami Trail,Suite A 1= Naples,FL 34103 (941)262-2163 X 40710/DJ a i e 1 i i RRANTY DEED THIS WARRANTY DEED made tha& -day of /V U Y , ,2002, by James R.Anglin and Susan L.Anglin,husband and wife hereinafter called the grantor,to Jon Meszaros and Lisa Meszaros,husband and wife hereinafter called the grantee,whose post office address is: 4911 12°i Avenue NW -, R CO y Naples,Florida 34116 O�- .l�Ti (Wherever used herein the terms"_. •r" 4".4r• tee"include all the • .this instrument and the heirs,legal representatives and assigns ofindi ',, :1. : 1 igns o • 'ons.) WITNESSETH: That the _ t• ,ilk, ..' 'T of$10.00 and other valuable �� considerations, receipt whereof' .51" �'; : .V . sells,assigns, conveys and confirms unto the t I' Florida,gnz:remises,releases, � �. �� ,��te in a.. � ,Flo viz:(Folio No: 38398480003) The East 180 feet of Tract 108, ', ate Estates,Unit N 4 ~ ., , ce with and subject to the plat recorded in Plat Book 7,page 23,Pub• 'O . of Collier County, i 4IECIRc 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. i AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31, 2001, and easements, restrictions and reservations of record,and easements and restrictions common to the subdivision. 7 >z:>t 011: 3164 PG: 0547 **t Deed Con't Lot 108,Golden Gate Estates,Section 34 IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. SIGNED,sealed and de'vered in our presence: WTNE NO.1(print name below) es R nglin • Susan L.Anglin • • S NO.2 ; 'nt name below) 1 k /_ h I' (printed name - STATE OF Florida COUNTY OF Collier R COlk The foregoing instrument was acknowl .y . me this i41"y��,.e I 1 • ,2002,by James R. Anglin and Susan L. A , who i T'"`a , or who has produced __k11 �/ , r' l/:(1[. 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'y • ill..1;'!ii.: 4.tr: !..i.j.,,,,.9•I li'''',:!:;r6,•:.,...,%**F**.::::-;.....:r.:PRIH.. iiri.:it:i.li 4-•••••,.6.t:li.:•\.!..,!,•;•,• 4' .. r Y 4 of i �• ._ -• 8 i" •`.: _ .. iA , '-" . . '0-' V;:-',.4 .,,•••••; . , if ' 'lir'''''-4 t. ..:1'32::*.' . :....:.. ip::: r :.:. . fag' t F ., ,z r .+ 8:. r N stvoip. N 8 ire , 1r { V COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Jon& Lisa Meszaros Violation of Ordinance(s) 04-41 as amended Section 10.02.06 (B)(1)(a) Renald Paul,Code Enforcement Official Department Case No. 2007110853 DESCRIPTION OF VIOLATION: Failure on the part of the defendant to obtain permits for improvements and alterations done to the garage. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Obtaining all required Collier County Building Permits, inspections, and Certificate of Occupancy for all non- permitted improvements within 120 days of this hearing or a fine of $200.00 a day for each day the violation remains unabated, OR 2. Obtaining a Collier County Demolition Permit, inspections, and Certificate of Completion and remove all non-permitted improvements within 120 days of this hearing or a fine of$200.00 a day for each day the violation remains unabated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 r- 66 Lit Led 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 I 0.02.06(B)(I)(a)be corrected in the following manner: I. 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 2 ' day of mai ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F 9 RIDA BY.J. i..,../ i erald Lefebv ,C air '.r. 2800 North -orseshoe I e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this of of , 2008, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, F�,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. KRISTINE HOLTON ; .h MY COMMISSION#DD 686595 ::—,: EXPIRES:June 18,2911 NO ARY PUBLIC Kral••� Bonded rnNNowy Public umrgers ! 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 2'0" ay of_,2008. a Air-41 /.A.. ate, _ 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 Arts o1 FLORIDA v_YA_ri COWER I HEREBY CERTF'=Y THAT this is a true and orrect copy of a document on,file in Board Minutes and Recorgs,pf Collier County EESS my hand an : : Jai teat"kills HI s daY of a;,t `, Vilittdwiee,\ E. ` y7 OF C0 / i +,.' li •. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mary A. Luedtke., Respondent(s) CEB CASE NO. 2007110088 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-11 Deed 12-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007110088 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LUEDTKE, MARY A, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Failed Seawall LOCATION OF VIOLATION:2854 Becca AVE Naples, FL SERVED: LUEDTKE, MARY A, Respondent Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007110088 Mary A.Luedtke,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,as amended, The Collier County Land Development Code, Section 6.05.02B,Ordinance 85-2 an Ordinance relating to the construction,repair,alteration, projection,and prolongation of seawalls and revetments in the unincorporated area of Collier County,Section(s)2, 5.A and 5.0 2. Description of Violation:Failed Seawall 3. Location/address where violation exists: 2854 Becca Ave,Naples,FL 34112 4. Name and address of owner/person in charge of violation location:Mary A. Luedtke, 6947 Madrid Dr,Demotte,IN 46310 5. Date violation first observed:November 2nd,2007 6. Date owner/person in charge given Notice of Violation:Mary Luedtke(owner)received Notice of Violation by certified mail on November 31st,2007 7. Date on/by which violation to be corrected:December 2nd,2007 8. Date of re-inspection: Last re-inspection occurred on March 20th,2008 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 21st day of March,2008 Thomas Keeg;1 Code Enforcement 0 vesti:.ator STATE OF FLORIDA COUNTY OF COLLIER Swo • (or . ` '-ii ed) •i% bscribed before this 21st day of March ,2008 by Thomas Keegan , Sip'.tune of Notary P blic (Print/Type/Stamp Commissioned Name of Notary Public) Personally kno s or produced identification Type of identific produced NOTARY PUBLIC-STATE OF FLORIDA K.A. Van Sickle REV 3-3-05 Commission#DD618485 iy�.w0 Expires: NOV.29,2010 SONDRD TIhRII ATLANTIC BONDING CO.,INC. 2 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owl Mary A.Luedtke Date: 11-2-07 Investigator Thomas keegan Phone: 239-403-2483 Zoning Dist RMF-6 Sec 11 Twp 50 Rng 25 Mailing: 6947 Madrid Dr Legal: Subdivision 429-Demere landing Block Lot 6 Demotte,IN 46310 Location: 2854 Becca Ave Naples,FL Folio 29830200006 OR Book 4042 Page 2400 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44,you are notified that a violation(s) of the following You are directed by this Notice to take the following Collier County Ordinance(s) and or PUD Regulation(s) corrective action(s) exists at the above-described location. Applying for all necessary permits within within thirty Ord No. 04-41 Section 6.05.02 B. days of receiving this notice. Once permits are issued Ord No. 85-2 Section 2 must repair seawall and request all required Ord No. 85-2 Section 5.A. inspections and receive a certificate of completion Ord No. 85-2 Section 5.B within sixty days of the day that the permits are Ord No. 85-2 Section 5.0 issued. Ord No. Section (Supplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING 11th VIOLATION(S). ON OR BEFORE: December 2nd, 2007 Failure to correct violations may result in: / d Witness: 1) Mandatory notice to appear or issuance of a citation failed seawall on said property with loss of fill which that may result in fines up to $500 and costs of unless properly repaired or replaced, may cause continuing prosecution. OR loss of soil which can seriously affect the safety of tenants 2) Code Enforcement Board review that may result in and those adjoining properties as well as the value of fines up to $1000 per day per violation, as long as the adjoining properties. violation remains, and costs of prosecution. Supplemental attached INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE SERVED BY: ENFORCEMENT INVESTIGATOR Thomas Keegan ['Personal Service ®Certified Mail ❑Posting of Property 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2483 Fax:(239)304-3943 [Wax ❑Mail Investigator signature VIOLATION STATUS: Signature and Title of Recipient • ®Initial Recurring ['Repeat Print Dated this 2nd day of November ,2007 3. PTh SENDER:COMPLETE THIS SECTION � • Complete items COMPLETE THIS SECTION ON DELIVERY item 4 H Restricted Delivery and 3.Also complete . ■ item your n Delivery is desired, A. Signature s Print nt y ur name and address on the reverse X , • Attach can return the card to you. --v- so v- i,�'/ � Agent this card to the back of the mailpiece, ��-- OFp Addressee or on the front if space permits 1. Article Addressed C. Date of Delivery fessed to: D. I ::way address different-I Atli/ /�`O If YES, ifferent It 1? ❑Yes M. enter delivery address below: ❑No • LUEDTKE MARY A iyrz`r=�._ • 6947 MADRID DR jr ..}•DEMOTTE, •i °"--k IN 46310-9411 Case Nbr 3' c`eType 2007110088rtifiedMail 0 Express Mall Registered ❑Return Receipt ❑Insured Mail, ❑C.O.D. for Merchandise 2. Article Number :a.K104.-. .?4,0_�: 0113 4. Restricted Delivery?(Extra Fee) ❑Yes 4. February 2004 '' f>'f .. Domestic Return Receipt '� 102595-02_M-1540 N 4' ORDINANCE NO. 85- 2 • ~r AN ORDINANCE RELATING TO THE CONSTRUCTION, RECON- -, STRUCT,TcON, REPAIR, ALTERATION, PROJECTION AND J _°:- PROLONGATION OF SEAWALLS AND REVETMENTS IN THE • UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING p'` DEtINIR'IONS; PROVIDING THAT A FAILED SEAWALL OR REENT IS UNLAWFUL AND A PUBLIC NUISANCE: L PROVIDING FOR ENFORCEMENT JURISDICTION BY AMEND- ,i:. �..� ING SECTION THREE, SUBSECTION 2 OF ORDINANCE NO. is 83_;4A;..!TO PROVIDE THAT THE CODE ENFORCEMENT BOARD OF.-COLLIER COUNTY SHALL HAVE JURISDICTION TO HEAR AND DECIDE ALLEGED VIOLATIONS OF THIS ORDINANCE; "3 PROVIDING FOR OTHER ENFORCEMENT REMEDIES AND PENAL- TIES: PROVIDING TECHNICAL SPECIFICATIONS FOR SEA- WALLS AND REVETMENTS; PROVIDING FOR CONFLICT AND • SEVERABILITY; PROVIDING AN EFFECTIVE DATE. • WHEREAS, there are many areas in the County which are adjacent to natural or man-made bodies of water; and • WHEREAS, many of these areas adjacent to bodies of water are bordered by seawalls and revetments; and WHEREAS, properly designed and constructed seawalls and revetments servo to protect waterfront upland property and improvements located thereon against wave attack and serve to _ stabilize the position of the shoreline; and WHEREAS, seawalls and revetments have a tendency to fair and fall into bodies of water because of the passage of time, strong ; • winds, heavy rains, erosion, corrosion, and high and low tides % among other reasons; and • „ WHEREAS, seawalls and revetments which have failed or collapsed are a hazard to navigation in navigable bodies of water and a hazard to drainage and flood control in non-navigable bodies of water; and • WHEREAS, a failed seawall or revetment with accompanying r loss of fill, unless promptly replaced or repaired, may cause • continuing loss of soil on adjoining properties which can seriously and adversely affect the stability of seawalls and revetments on those adjoining properties as well as the value of adjoining properties; and WHEREAS, a failed seawall or revetment deprives adjoining property owners of the additional strength that derives from the . nn 1001( oi9 ra`4 ze .«.�.., wag q2 men b r,;.afit .nf.. p_ con.tinguous seawall or revetment; and . . ., 0 WHEREAS, individual property owners aro-presently respon- sible for maintenance, repair, and replacement of seawalls and revetments along their property; and WHEREAS, there presently exists a threat to public health, safety, and welfare because of the failure of some individual property owners to maintain, repair, or replace their failed l seawalls or revetments; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY • COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section Ones Definitions: As used in this Ordinance, the following words shall have the following meanings: 'County": means the unincorporated area of Collier County, Florida. • " "Seawall": means any solid upright structure which serve: r.o separate real property and/or any improvements thereon from any natural or man-made body of water. "Failed seawall or revetment": means a seawall or revetment that has failed structurally or that has • moved from its original position or that does not serve to stabilize the position of the shoreline. "Revetment": means a sloping structure which serves to • separate real property and/or any improvements thereon from any natural or man-made body of water. Section Two: Failed Seawall Or Revetment Declared To Be Unlawful And A Public Nuisance. It is hereby declared unlawful and a public nuisance for any • property owner in the County to permit, or to fail to repair or reconstruct, any failed seawall or revetment upon his property. Section Three: Enforcement Jurisdiction. In any area of the County where a Code Enforcement Board exists, such Code Enforcement Board shall have jurisdiction to enforce the provisions of this Ordinance, however the jurisdic- tion of the Code Enforcement Board shall not be exclusive. The Code Enforcement Board shall have such enforcement powers to be 2 ioo 019 rKE 214 palm . • exercised in such_mannem as,. may be provided by county ordinance • • or state statute-; Including the authority to-levy a fine not to -- - _.___ � • exceed two hundred fifty dollars ($250.00) for each day a viola- tion continues past the data set by the Coda Enforcement Board's order for compliance. In connection therewith, Section Three, Subsection 2 of Ordinance 83-43 which created the Code Enforce- ment Board of Collier County, is hereby amended by adding the following languages (j) Seawalls and Revetments - Collier County Ordinance No. 85- 2 and amendments thereto. Section Fours Other Enforcement Remedies And Penalties. Violation of the provisions of this Ordinance, or failure to comply with any of the provisions of this Ordinance shall consti- tute a misdemeanor. Any person who violates this Ordinance or fail; to comply with any of the provisions cf this Ordinance shall upon conviction thereof be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a Separate offense. In addition, the Board of County Commissioners may take any other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any failure or refusal to comply with any of the provisions of this Ordinance. Such other lawful action shall include, but shall not be limited to, an • • equitable action for injunctive relief or action at law for o damages or foreclosures of liens. Nothing contained in this Ordinance shall be construed to limit or otherwise adversely affect an adjoining property owner's right to seek redress for • damages resulting from a failed seawall or revetment. Section Fives Technical Specifications For Seawalls And Revetments. There is attached hereto and incorporated by reference herein a document entitled "Collier County Seawall and Revetment • Regulations - Technical Specifications," consisting of pages one aoU Olgrw.265 3 1 through nine, inclusive of design figures. All seawalls and 1 revetment■ constructed, reconstructed, rep ed . eltered, pro- jected or prolonged in the County after the effective date of this Ordinance must meet or exceed these technical specifica- tions as follows: A. Minor repairs to the seawall or revetment which do not o necessitate physical alteration to the existing structural support system are exempt from the technical specifications. B. 'Major repairs to the seawall or revetment which necessi- tate physical replacement of any portion of the structural • support system, except sheet piling, shall comply with the appropriate material specification of the technical apecifi- cations for the proposed repair only. C. Reconstruction of any seawall or revetment requiring the complete reinstallation of the sheet pile portion of the structural support system, or any new seawall or revetment section installed adjacent to or independently from any existing seawall or revetment shall require complete con- formance with all sections of the technical specifications for that portion of seawall or revetment. Failure to comply with these technical specifications shall constitute a vic.lation of this Ordinance. Section Six: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, tl•o more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Seven: Effective Date This Ordinance shall become effective upon receipt of notice MAX 01.490W2136 4 - • �.� ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE,CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 n GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 VII 9. NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP,THE LDC,OR THE GMP,SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS,SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES,AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS,the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to§ 163.3194(2), F.S.,in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concerning these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearing on June 22,2004,and did take affirmative action concerning these revisions to the LDC; and WHEREAS,the revisions to,and recodification of,the LDC does not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii l©. COLLIER COUNTY LAND DEVELOPMENT CODE 6.05.02 6.05.02 Seawalls and Bulkheads A. When authorized, the water side of the concrete seawall cap shall be constructed landward of the property boundary and shall be in accordance with the seawall construction regulations, Collier County Ordinance No. 85-2 [Code ch. 22, art. IX], as amended. B. The applicant shall obtain the requisite approval(s) and permit(s) from the Florida Department of Environmental Protection (DEP) and the U.S. Army Corps of Engineers ("COE"), where such approvals are necessary, prior to commencement of construction.A copy of such approval(s) and/or permit(s) must be filed with the County Manager or designee upon receipt. C. The construction of seawalls or bulkheads, in association with water management system lake construction under jurisdiction of SFWMD, shall be in compliance with SFWMD criteria. 6.06.00 TRANSPORTATION SYSTEM STANDARDS 6.06.01 Street System Requirements A. The arrangement, character, and location of all streets shall conform to the GMP and shall be considered in their relation to existing and proposed streets, topographical conditions, public convenience, safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. B. The street layout of all subdivisions or developments shall be coordinated with the street systems of the surrounding areas. adjacent properties shall be provided with local street interconnections unless topography,other natural features, or other ordinances/regulations do not allow or require said connections.All arterial or collector streets shall be planned to conform to the GMP. collector and arterial streets within a development shall not have individual residential driveway connections. Their location and right-of-way cross-section must be reviewed and approved by the County Manager or designee during the preliminary subdivision plat review process.All subdivisions shall provide rights-of-way in conformance with the GMP and the right-of-way cross-section contained in Appendix B. All streets shall be designed and constructed to provide for optimum vehicular and pedestrian safety, long service life, and low cost of maintenance. C. Every subdivision or development shall have legal and adequate access to a street dedicated for public use and which has been accepted for maintenance by or dedicated to the State of Florida or the County,as described in Chapter 10.When a subdivision or development does not immediately adjoin such a street,the applicant shall provide access to the development from a dedicated street in accordance with these regulations and provide legal documentation that access is available to the project site.All lots within a subdivision or development shall be provided legal access to a street dedicated for public use. D. The arrangement of streets in subdivisions or developments may be required to make provision for the continuation of existing or proposed collector or arterial streets to and from adjoining properties, whether developed or undeveloped, and for their proper projection to ensure a coordinated and integrated street system per requirements of the GMP,this LDC,or other ordinances and regulations. Where a subdivision or development abuts an existing or proposed public arterial or collector street, buffering shall be required per Chapter 4. LDC6:20 l/: 3843868 OR: 4042 PG: 2400 RECORDED is OFFICIAL RECORDS of COLLIER COUNTY, FL 05/23/2006 at 03:521% DWIGHT 1. BROCI, CLERE COTS 600000.00 EEC FEE 10.50 - Donald PCC. Ross, Jr. , Es DOC-.70 4100,00 599 Ninth Street N. , #3010 Beta: Naples, FL 34102 ROSS TITLE E ESCROW INC 599941 STREET 1 #300 NAPLES FL 34102 Parcel ID Number.29830200006 Warranty Deed This Indenture, Made this d day of May , 2006 A.D., Between David S. Steinberg, of the County of , State of ,grantor, and Mary A. Luedtke, a married woman whose address is: 6947 Madrid Drive, DeMotte, IN 46310 of the County of , State of Indiana ,grantee. Witnesseth that the GRANTOR,for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in band paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land.situate. lying and being in the County of Collier State of Florida to wit Any right, title, and interest may have in Lots 6 and 7, Demere Landing, a subdivisi• . , y;' c ' o the Plat thereof, as recbrded in Plat Book 4, / , o •-lic Records of Collier County, Florida. C.) Subject to restrict on=, re- - - -.tion an: =-sements of record, if any, and taxes subse-t a era - rte' The property herein •g r• t N •,• -titute the HOMESTEAD property of the Cr- . -r nor is don; 3 ous to the HOMESTEAD property of Grantor. e Grantor's 'g0R4E , 'a address is 111 South Well Road, Columbia, S '� _ •210. • and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Laser Gemmed In C Display Symms.4r.2005 56631763-5555 Fa m FLw0.: /2 'Warranty Deed-Page 2 OR: 4042 PG: 2401 'xi Parcel ID Number. 29830200006 In Witness Whereof,the grantor has hereunto set his hand and seal the day and year first above wriucn. Signed,sealed and delivered in our presence: �°-- (Seal) Si- •L to a of W'tness David S. Steinberg Pr • _• Name: , I.L 2-cjoo._ P.O.Address:111 South Well Road,Columbia,SC 29210 61 jjak&if ,/ / Signature o-/ fitness Printed Name: 14 EA-TN>✓2 i2y(Ei STATE OF 4outh c olina COUNTY OF teyli j(c,f c -. The foregoing instrument wasJadrnowledged before me this // day of May ,2006 by David S. Steinberg, he is personally known to me or be has produced his ^ as identification. Prints#Name:: M p,R y \,,P - ('CO Q . P, - ary Public S 1P, . 3 .. ion Expires: S".24 —/4 .. . , CI .. _ _. 0 'r 1 a . r sc,„\\ .,.. . ":.---1J° .CIE CI9 115239 Law G med by C Dipplay Spteras.I,.NOS (163)763.5555 FennrLWo-z /3 , ' A At 1 -,,,,:,.-4-,:.Ms',.-;„r a . ,,,,,,i_,,,,,:,.. it......,, \,,,,, 110011i . v 1 4 ''fib' sr y\C)\.T1 1 i li O .H '''' .....,i :F. , s 4; :. -•;,,,,;::::::-,iii;:-...,,:',,'.,-'i:;.i',', ,,-'-:.-**N . 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(1\ „ ■ W 4Ty` .1 r _ m*t .w_ . 4 . 100'' -,...' —--j::".'1:1';']: .. I—I ik *..0. "oil> ' re '.. . .,,,,,, - .„1;;If s , . e c---, 6 i ;r Tea` . It ' y n , ... � t j (D iv • , COLLIER COUNTY-CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Mary A. Luedtke Violation of Section(s) 6.05.02 B. of Ordinance 04-41 as amended, The Collier County Land Development Code and Sect(s) 2, 5.A, 5.B, and 5.0 of 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. Thomas Keegan, Code Enforcement Official Department Case No. 2007110088 DESCRIPTION OF VIOLATION: Failed seawall located at 2854 Becca Ave Naples, FL 34112 Folio# 29830200006 RECOMMENDATION: That the CEB order the Respondent to pay all operational costs of incurred in the prosecution of this case within thirty days of this hearing and abate all violations by: 1. Applying for all required Collier County Building Permits, obtain all required inspections, through to issuance of a Certificate of Completion within one hundred and twenty days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 cry - 2'4J 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 Z'b day of YIA04.y ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI�� CF 'RIDA — p% COUNTY, i f BY:/�.� erald Lefebv/C air // 2800 North 'orseshoe Dr,./ Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -!h The foregoing instrument was acknowledged before me this GO day of M al , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. ,, , KRISTINE HOLTON I r ` ■•■ MY COMMISSION#DD 686595 1 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: •'+x,8.0,,. '' Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of jbjk ORDER has been sent by U. S. Mail to Mary A. Luedtke,6947 Madrid Drive, DeMotte, Indiana 46310 this 'Z.r day of ,2008. M.Jean r .. son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 moo 01 FLORWA Naples, Florida 34102 uovayat COWER (239)263-8206 1 HEREBY CERI't'Y MATT '. t i �orrsct copy at a document o, 1 4 Board Minutes and R cores;dt r ,1r ITN my h a offt at•se0 to .2-.."2". day af '4 c .:444 , Ilia . s 'E RROCK, � OF tit 1 , _/ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. 6240 Collier Group, Inc Respondent(s) CEB CASE NO. 2007080153 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080153 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 6240 COLLIER GROUP, INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: LANDSCAPING AND BUFFERINGenv-LNDS-2.4 LOCATION OF VIOLATION: 6240 Collier Blvd. Naples, FL SERVED: 6240 COLLIER GROUP, INC, Respondent Susan Ofarrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA �\ 34112(239)T74-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner -- n vs. DEPT CASE NO. 2007080153 6240 Collier Group,Inc.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended The Collier County Land Development Code: Section 4.06.05 J General Landscaping Requirements 2. Description of Violation: Required Buffer Landscape has fallen below Collier County approved standards. 3. Location/address where violation exists: 6240 Collier Blvd.Naples,Florida 4. Name and address of owner/person in charge of violation location: Juan Macias,Registered Agent for 6240 Collier Group Inc. 11958 SW 72nd Terrace Miami,Florida 33183 5. Date violation first observed: 8-06-2007 6. Date owner/person in charge given Notice of Violation: 1-14-2008 n 7. Date on/by which violation to be corrected: 1-30-2008 8. Date of re-inspection: 3-10-2008 9. Results of Re-inspection:Violation Remains Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 13th day of March,2008 pi e' ---,,1 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 13th day of March 2008 by Susan O'Farrell --- .,4. MARLENE G.SERRANO. (S': :-4s - of Notary Publ' (P • t/T ',�.T: i i,;gla{8ed• N.11- of NAT! ; : vlarch 04,2009 vvv My con Personally known or produced identification Bonded thru 1st State Insurance Type of identification produced REV 3-3-05 2. Case Number: 2007080153'' COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:6240 COLLIER GROUP, INC Date of Violation:Aug/06/2007 Investigator: SUSANOFARRELL Phone: 239-877-8128 Mailing: 6240 COLLIER GROUP, INC C/O JUAN C. MACIAS, R/A 11958 SW 72 TERRACE r in/A m I , F I 33183 Zoning Dist: C-4 Sec 10 Twp 51 Rng 26 Legal: Subdivision Biock 002 Lot.000 Location: Folio 731840005 OR Book 3690 Page 508 Unincorporated Collier County NOTICE Pursuant to Collier County ConsolidatedCode Enforcemen Ordinance No. 07-44,you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ord. No. 2004-41 as amended Section 4.06.05(J) Landcape Requirements DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Buffer has not been maintained and contains dead and failing Trees and Shrubs. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Replace dead and failing plant material to include native plant material with trees placed every 30 feet and double row hedge within buffer. [ ] Supplemental attached ON OR BEFORE: January 30,2008 Failure to correct violations may result in: 1)Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Susan O'Farrell 2800 No. Horseshoe Dr. Naples, FL 34104 P 239-659-5754 fax 239-304-3942 Investigator Signature 1 ` 0 �--? Signature and Title of Recipient Printed Name of Recipient Dated: January 14, 2008 3. ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY t- • Complete items 1,2,and 3.Also complete A. Sig 0 / 0 Agent �� item 4 if Restricted Delivery Is desired. Add -■ • Print your name and address on the rave ` tad Name) rr •�`- ■so that we can return the.card to you. ■ Attach this card to the back of the mailpi ✓ `ice or on the front it space permits. D. ■-;may address different'% Item 1 1. Article Addressed to: If YES,enter delivery address below: 0 No 6249 Collier Group, Inc. C/o Juan C. Macias, WA 11958 SW 72 Terrace s Type Miami, FL 33183 Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise Case#2007080153 0 Insured Mail 0 C.O.D. �°— 4. Restricted Delivery!(Extra Fee) 0 Yes NOV— S.0 — a _ . .• 7007 1490 0001 0804 4393 /. a / / . 10259$-02-M"1540 Ps Form 3811,February 2004 Domestic Return Receipt • -U.S. Postal Service m CERTIFIED MAIL-.• RECEIPT- Q- (Domestic Mail Only No Insurance Coverage Provided) M For delivery informatiorvitit.our website at www.usps.com;;. " OFFICIAL USE r..., O $ O r3 Postage ,z ri Certified Fee Postmark II Return Receipt-Fee Here (Endorsement Required) ci Restricted Deriver.F°° CI (Endorsement Re Inc. Q" 6249 Collier Group, a Total Postage E C/o Juan C. Macias, R/A A rti Sent To 11958 SW 72 Terrace 0 Miami, FL 33183 _...�. p 'Siree�ApkT7o.; (ti or PO Box No. -.---. City,State,z1P+4 Case#2007080153 PS Fol m.3800.August 2006 See Reveiscfat Instructionsj. •■• 4 SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.05 J. 4.06.05 K.1. J. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 " of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner.A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Maintenance.The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation.All landscapes shall be kept free of refuse, debris,disease, pests,and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition.Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforce- ment will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed,the county may use any available means of enforcement to secure compliance.These shall include, but not be limited to the following: a. Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. K. Irrigation system requirements. 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufac- turer.These requirements may be adjusted for retention areas.The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining Supp.No.3 LDC4:121 5 • • r\ • 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 T H I S WARRANTY DEED, made t h e 5th d a y of Novemlau 4 j t 4 by EKLIN'S INC., a Delaware Corporation,hereinafter called the Grantors„and 0.10 CfilllttiGroup,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 '.di erg 1 i$i3t is.: certain land situate in COLLIER County, State of FLORIDA, vi .04v G SEE EXHIBIT"A"ATTA I a -! • AND • P E P •T HEREOF. Subject to Easements,Re-I 'c , • �- • .4'7&•- 'e; � . V.. if. .y. TOGETHER with all • _ • • ,m - a• . PP urtenances thereto belonging or in anywise pp: ming. 1 Q TO HAVE AND TO HOL r ..- • e in fee simpl- ; 0 AND,the grantors hereby coven. '91,..4; r. .:�.��:��'��; e grantors are lawfully seized of said land in fee simple; that the gran . 4:1; - •`rght 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 COMITY, FL 12/03/2004 at 03:3911 DWIGHT I. BROCI, CLIRI COES 2200000.00 RIC III 27.00 DOC-.70 15400.00 COPIES 3.00 KISC 1.50 lets: EARRERO CMOILLI 4 ASSOCIATES 2903 SALEEDO ST CORAL GABLES FL 33134 Page 1 of 3 ID III 0. - , • • 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 ; A IF a it tii . _-■1.--_I By: j-.---/"-g-i- alt , ._ itness#1 signature Michael Ward 1.- -t Ti . " :.11E4-n1 i Its:President With : Printed N: • de 411Z i. ---. #2 Signature i,,,) Al' ' fi/ at_ i.e I, Cc Witness#2 Printed Name .\„0,1?... COLiA STATE OF FLORIDA cSs.) COUNTY OF COLLIER 0-,i The foregoing instrument . a • 2., -,-• .,s se or- l'e this •1 •.y ofNovember,2004 by Michael Ward, President of P.:4w; ais-slir,i4....-...- •.• •a ration on behalf of the corporation,who is perso 'r: ly f, " o A or : 1,re I , , -e hce.-Lv_.. as .-----. identification. i. \ • . r .., SEAL , Mb 11 _„„. .A.— _ 41#A1 Jfi -77t------- 1 e Mir otary Signature :E-7‘..-TTE.pEsErii '''' l'irE criz._PrCommission Expires: • .: .IMiSSION 4 CC 970692 - , ..in.:ary 5,2C05 . .•.,......;-.:-,::•wenvnters .•.,:..k.Z.Z.W.Z.7.7-- LEAH J.ESPESETH ligIll't.:i ; I.I'l.COMMISSION:CC 970692 15. 1" 2 EXPIRES.lan.. y 5.2005 .. .z...,:,.:-.-... Under.11efS Page 2 of 3 "---s, - - - - - . _ _ . --- - - - -- 7. 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 f=-- .i,°VII'',_ - 4° : ular curve concave to the Northwesterly, radius 475.00 feet, chord bearing South 7 •' � s ; 4- r 4, e Intersection of the South line of River Road and the East line of S.E. 951;the "ofr 02° 28' 34"West t!:.! feet along said East line; thence South 89°20'26"East 285.14 feet to the Po t o "eginnin°. LESS AND EXCEPT THEREFROM. That part of the Northeast 1/4 of th_ No ,-'-,4 /, 1-,...., -.,,nut,,- o '--'{ 51 outh, Range 26 East, Collier County, Florida, more particularly d.-c •-• in +rd- •f = r: d in Of I ial Records Book 1403,page 236, of the Public Records of Collier Con , lo 'd-. t, '1 H •LESS AND EXCEPT THEREFROM.r The West 17 feet thereof. O PARCEL"B" O O . Commencing at the Southwest corner of the North e- • - • 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. 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 1 950; 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 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. 6240 Collier Group Inc. Ordinance 04-41 as amended Collier County Land Development Code Violation of Section(s) 4.06.01 (J) General Landscaping Requirements Susan O'Farrell, Code Enforcement Official Department Case No. 2007080153 DESCRIPTION OF VIOLATION: 1. Missing, failing, and deficient landscape that have brought the Collier County required property buffers below the Collier County standards. RECOMMENDATION: That the CEB order the Respondent to pay operational costs of $ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Replace required missing and failing landscape material in all property buffers along property lines and maintain required landscape in healthy condition within 30 days of this hearing of a daily penalty of$ isb• LX will be imposed as long as the violation persists. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 „<„,( c(315/ c 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 04-41,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 'h"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 nq ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID BY: �_�- / / /� i► 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. ,4Y'''' KRISTINE HOLTON I 'At MY COMMISSION#DD 68''"9; NOTARY PUBLIC %^. EMPIRES:June 18,201 II :9f '< ucnr:Wa l hru Nolan pubic Und, 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 c/ s Tier Group Inc.,do Juan C.Macias,RA, 11958 S.W. 72'd Terrace,Miami,FL 33183 this �d'ay of �� ,2008. 71/ M.Jean on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board ;;;aTe dt F LUk1u ■ 400 Fifth Avenue S., Ste. 300 ,',ounty of COLLIER Naples,Florida 34102 (239)263-8206 I HEREBY CERTI•~: THAT this is a true anti* ;orreot copy of a aoci,;nent on,fiIc Board Minute.; - J ?,„ 9s . €4, Cunt WTII S rn nict- y of L Br • •CUM( COURTS o► ' p-�.. J -� 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--s"Uea f^9a�1��+�4 , on behalf of himself or 6 No Co ate( 6c+v1). 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$537.93 incurred in the prosecution of this case. 2) Abate all violations by: 8-12.' Replace dead and failing plant material in Collier County required buffers with native trees 1'8-1,2 feet in height and with 3" caliper placed every 30 feet and doubt row edge,of native plant material 24" in height at time of planting. U)i t'htn otO lA.9S c his q,-r,� Or dG 1 1 14i. o GD 1 da y 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Ir�� (,� reL) '�for.spond M' elle Arnold, Director is(o,e Gvrl/0)4'1 a • Code Enforcement Department 122408 s Date Date REV 2/23/07 . . i • • This Instrument Prepared By and Return To: Leah Espeseth Scott M.Grant,P.A. 3337 Tamiami Trail North Naples,Florida 34103 Folio Numbers:00731840005;00735080007 THIS WARRANTY DEED, made the 5th day of Novemlom 4,di5D34R4 by MIN'S INC., a Delaware Corporation,hereinafter called the Grantorsralti MAU CRiillst°Group,Inc.,a Florida Corporation,whose post office address is 11958 SW 72 Terrace,Miami,Florida 33183,hereinafter called the Grantees: (Wherever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) WITNESSETH: That the grantors, for and in consideration of the sum of TEN AND 00/100'S ($ 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 . e s I i GO. a..: certain land situate in COLLIER County, State of FLORIDA, vi ..0y G SEE EXHIBIT"A"ATTA 1 P -! • AND I E • P 'T HEREOF. Subject to Easements,Re', 'c • .� . � ,, : :,�:, if .y. TOGETHER with all e �� = � � � . . nt I . ppurtenances thereto belonging or in anywise . ming. �►" U TO HAVE AND TO HOL . - • e in fee simpl- -- AND,the grantors hereby coven.0s • ,M e grantors are lawfully seized of said land in fee simple; that the gran . '!' �: AI!I 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 OPIICIAL RECORDS of COLLIER COUNTY, IL 12/03/2004 at 03:391K DUIGNT 1. BROCI, CLERK CONS 2200000.00 RIC III 27.00 DOC-.70 15400.00 COPIES 3.00 RISC 1.50 lets: !111510 CBUILLI E ASSOCIATES 2903 SALIEDO ST CORAL GABLES PL 33134 Page 1 of 3 • 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 A By: titn—ess#1 Sign, re Michael Ward . Its:President With Printed 14, • / _date i. #2 Signaturewl /?? at ti e e■-• Witness#2 Printed Name .% I& COLiA STATE OF FLORIDA COUNTY OF COLLIER cy-' The foregoing instrument . a, • -I " CO "" this q .y of November,2004 by Michael Ward, President of - 41Mtion on behalf of the corpomtion,who is perso ly o ;or .ee /r",e/2-Ce..- EtS identification. C-1 a A SEAL Twri • • re tyg • • • t—sa • I otary Signature f i s,s t.c E s N I s C E I H C 970692 -2 1 1E C xer- ommission Expires: ...r.:ary 2C4)5 • ••. .• LEAH J.ESPESE71-1 11•:. COMMISSION 4 CC 970692 EAPqE.S.Ja-xy 5.2005 '''''''''•'' Unclerw-WS Page 2 of 3 _ - . _ 7. • *** 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 f= •wit••- - '3. lar curve concave to the Northwesterly, radius 475.00 feet, chord bearing South 7 •' '•ess ;, 4 -• e Intersection of the South line of River River Road and the East line of S.E. 951;the , r 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 ► •:,-,4 1• rte._ l,r , o 4 51 .outh, Range 26 East, Collier County, Florida, more particularly d •-' in +rd •f - , 10-•., d.•in Oft ial Records Book 1403,page 236, of the Public Records of Collier Con , • d-_ I, ') I~ LESS AND EXCEPT THEREFROM. The West 17 feet thereof. C, = 0 U PARCEL"B" G,/ �N ! Commencing at the Southwest corner of the Northe- - r 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 1 of said Northeast 1/4 of the Northwest 1/4;thence North 02°28'34" East, 280.02 feet for a Place of Beginning; I 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. 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. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Hamo Gutic, Respondent(s) CEB CASE NO. 2007100180 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 Deed 9-11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007100180 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GUTIC, HAMO, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2405 Linwood Ave SERVED: GUTIC, HAMO, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA ,/ 34112(239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY - BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO.2007100180 ,s. HAMO GUTIC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,The Land Development Code,as amended, Sec(s) 10.02.06[B][1][a]. 2. Description of Violation:Construction/remodeling/additions to office space done without proper building permits. 3. Location/address where violation exists:2405 Linwood Ave(folio#61630320005). 4. Name and address of owner/person in charge of violation location: Hamo Gutic, 1 Jean Plce Syosset,NY 11791-5914(Property Owner)Veterans of Foreign Wars,2405 Linwood Ave,Naples Fl 34112(Business). 5. Date violation first observed: November 4th,2007. 6. Date owner/person in charge given Notice of Violation: January 9th,2008. n 7. Date on/by which violation to be corrected:February 14th,2008. 8. Date of re-inspection: March 17th,2008. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County • ode have failed as aforesaid; and that the violation should be referred.gthe Collier County Code Enforcement Board for a .lic hearing. Dated this P Day of 404t2008 Kitchell now Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S. = : t•.t•I a-. II-= and s ,.scrib-d before this 11,IL day of 0 , 2008 by k l/iLt yi tore of Notary P .lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 7Y,1C or produced identification Type of identification produced NOTARY pq$L,ICSTATZ OF FLORIDA Linda D 39150 commissiogIC 07 2011 )IIII Expires.RII Axt.ntmcaa¢znn�oc0. c. BoNDEnT REV 3-3-O5 2 - - - - COLLIER COUNTY CODE ENFORCEMENT Case Number.2007100180 NOTICE OF VIOLATION Owner: GUTIC, HAMO Date: Oct/04/2007 Investigator: CAMPBELL_T Phone: (239)403-2492 Mailing: Mr. HAMO GUTIC 1 JEAN PL SYOSSET, NY 11791-5914 Zoning Dist: C-5 Sec 11 Twp 50 Rng 25 Legal:Subdivision Naples Community Center Block 000 Lot 30.4 Location: 2405 Linwood Ave. Folio 61630320005 OR Book 3771 Page 3674 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB)Ordinance No.2007-44, as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described location. COLLIER COUNTY LAND DEVELOPMENT CODE Ordinance 2004-41 as amended. Section 10.02.06(B)(1)(al &(B)(1)(dl(i (B)(1)(a): Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations.For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required.Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits.No building or structure shall be erected,moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection,moving, addition to,or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation,or variances as provided by this Code,or unless he shall receive a written order from a court or tribunal of competent jurisdiction. (B)(1)(d)(i).In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Building additions and modifications,and electrical additions and modifications, and plumbing additions and modifications have been made without the required valid Collier County Building Permits, Inspections or Certificate of Occupancy. ORDER TO CORRECT VIOLATION(S): • You are directed by this Notice to take the following corrective action(s): .�i Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits quired for described structur e/improvements. Must also request or cause inspection through and including _ :ertificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed'and obtain a certificate of occupancy/completion. Two air conditioning units with outside compressors installed without the required permits. B.A walk-in freezer with outside compresor installed without the required permits. C. Partition walls have been added to the first floor Interior in the rear of the building without the required building permits. D. Electrical modifications made to rear outside service panel, interior service panels and front A/C service panels without the required building permits.Also misc.electric wiring, additions, and modifications made throughout the first floor without the required building permits. E. Kitchen facilities, including plumbing,electrical and a water heater, have been added without the required building permits. ON OR BEFORE: FEBRUARY 14,2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Tom Campbell / 2800 No. Horseshoe Dr. Naples, FL 34104 / • / (239)403-2492 - Fax: (239)403-2343 Inv •_ : ig , u1,1 /✓ a,,,..,. m ----'7�t� WAY Signature and Title of Recipient Printed Name of Recipient Dated: January 09,2008 4, TABLE INSET: Project Implementation Timeline # of Phases Phase Timelines 18 months 1 18 months 2 18 months—First Phase 30 months 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months--Third Phase 18 months—First Phase 4 30 months—Second Phase 54 months 42 months—Third Phase 54 months--Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or developme , '-- - - -• ••-- • - •• • figuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch.,380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the h //libr 4.rnnnicode.com/default/DocView/13992/1/66/68 1/28/2008 ttp: ary C V growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed_ structures-as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library4.mimicode.com/defautt/DocView/13992/1/66/68 1/28/2008 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration.permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 7. approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://library4.municode.com/default/DocView/13992/1/66/68 1/28/2008 8 3593118 OR: 3771 PG: 3674 RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 04/11/2005 at 09:24A1 DWIGHT I. BROCE, CLERK COES 1394000.00 RIC FIE 27.00 DOC-.70 9758.00 Retn: GDLFSBORE TITLE CO PILL UP This Instrument Prepared By: 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 6. . • .. fib 2 of m v &! ! ,A.D., 2005,by MICHAEL P.VALENTINE P' '' • - ES,LLC,a L ��- .ility Company existing under the laws of the State of Florida,and having i p`f's'•al place of business at: • 08 •inwood Avenue,#7A,Naples, FL 34112,hereinafter called the grantor to -whose •..St o'i' ad. ess is: 1 Jean Place,Syossett,NY 11791,hereinafter called the grant=-. (Wherever used herein the terms' • an• e' i ies n this instrument and the heirs, legal representatives and assigns .f' • ual e u `,.sors d : si:, f Limited Liability Company.) WITNESSETH: That the , r,for and in considerate of e s "b7 en and 00/100 Dollars($10.00) and other valuable considerations,re eipt hereof is hereby ac e,,g ese presents does grant,bargain, sell,alien,remise,release, convey an. tfm unto the grantee,al `fit - -'n land situate in*Collier County, Florida,viz: Q� 1 "See legal description attache• - < 2• "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. OR: 3771 PG: 3675 IN WITNESS WHEREOF, 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 G� BY: IkA(*(44 V- U WITNES AME: irgi is E. Duggan MICHAEL P.VALENTINE,Managing Member 1 -- dI( QLC) WITNESS NA!v helsea Duggan -vtit COti- STATE OF FLORIDA (if'r 1�, COUNTY OF COLLIER The foregoing instrument as = •- - -• •- ore me rt da of M , 2005,by MICHAEL P.VALEN r, E, •-• -•-, c •-- - VA ENTINE PROPERTIES,LLC, a Florida Limited Liability Corn•.ny '. f • e • : •rod ced a valid FLORIDA drivers �, .- license as identification or is pe Ate( • o : o : •1 • • not • i - Cr - C Iv A•fit PUBLI a (seal) My Commission Expires: ,ev Virginia E Duggan +P My Commission 00087654 p F Expires November 11.2005 - /0 *" OR: 3771 PG: 3676 *" "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 ofCollie r 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 part of the Northeast one-quarter(NE 1/4)of the Northwest one- quarter(NW 1/4)of Section 11.Township 50 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 ,,lee of Lots 37 through 47,inclusive,of Avondale Estate as recor• ` :r. : , ' Public Records of Collier County. Florida;thence along he.- • " 8 of said Lots N � E 25.0 feet;thence South 310.88 feet to the North line o• •• Avenue;thence along line of Linwood Avenue West 25.0 feet to the place •f be n ,mg, • • • • . e No - t ne-quarter(NE 1/4)of the Northwest one-q r 1 - • ..- *. • 11 T• 'i County.Florida. P • Range 25 East,Collier • PARCEL W: C• • c• 'E.B • k A,Naples Commercial ifl Center First Additi• : . , r • B•,• Peg—%,of -�: •lic Records of Collier County,Florida;the •ng the North line of 64, ••• > .'�; Est 550.0 feet fora place of beginning;thence No••• 1.88 feet to the Sou '' : • .€3 through 47,inclusive,of Avondale Estate as -• ', Plat Book 4,Page 45, • bile Records of Collier County, • Florida;thence along the toolisiiid Lots . E 25.0 feet;thence South)!1.08 . feet to the North line of Lin . - 1 . • n North line of Linwood Avenue West 25.0 feet to the place of beginning, ,, Northeast one-quarter - • . -quarter(NE 1/4)of the Northwest one-quarter(NW 1/4)of Section 11,Township SO South,Range 25 East,Collier County,Florida. PARCEL X: 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 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 as-recorded.in Plat Book 4,Page•45;of the:'Public Reim is of Collier County;- • - . - - • - Florida;thence along the South line of said Lots N 89°32'40"E 25.0 feet;thence South 311.28 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 11,Township 50 South,Range 25 East,Collier County,Florida. - .- - -. .-- — - - - I/ - COLLIER COUNTY CODE ENFORCEMENT BOARD - - Code Enforcement Board Case No. 2007100180 Board of County Commissioners, Collier County, Florida vs. Hamo Gutic Violation of Section(s) 10.02.06]B][1][a], 04-41, The Land Development Code, as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007100180 DESCRIPTION OF VIOLATION: Construction/Remodeling/Additions of suite done without proper building permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Obtain ATF permits for all unpermitted construction/remodeling/additions on property and get all inspections through certificate of completion (CO) within 120 days of the date of this hearing or a fine of$200.00 a day will be imposed until such time as the unpermitted construction/remodeling has been permitted, inspected and COed OR Obtain a demo permit and remove any unpermitted construction/remodeling/additions within 120 days of the date of this hearing and restore the building to its original permitted state or a fine of$200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. 2. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100180 HAMO GUTIC , Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,414,04 0 6u-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 22'd 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. toe 2. Abate all violations by: 20 A. Obtain ATF permit(s) for all unpermittes construction/remoVing/additions on property • - ! :. - :. - . ••• - •• •- _ spections thr ugh certificate of completion (CO) within,61 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 Af 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 confiini abatement. Respondent Michelle Arnold, Director Code Enforcement Department -3"- z Z T cr. >'- 22- () Date Date REV 2/23/07 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$372 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of T,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F ORI R • B . A1'✓1 i IL Ls' erald Lefeb ar,Chair 2800 North 'orseshoe Dr ve Naples,Florida 34104 STATE OF FLORIDA) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z% of of iY , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or .-------who has produced a Florida Driver's License as identification. ' '' KRISTINE HOLTON ;i • ;,, At ,,: MY COMMISSION#DD 68659: • EXPIRES:June 18,2011 NOTARY PUBLIC V.3..,•,.14,Pra,A¢M.MIOSIRIV.P.10 a a _gA;k1:5 ttaLlISIN %9 0�h,. Bonded Thru Notary Public Unde Hrifsrs My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Hamo Gutic, 1 Jean Place,S�yy�osset,New York 11791 and to Veterans of Foreign Wars,2405 Linwood Avenue, Naples,FL 34112 this 7 "3ay of ,2008. s/ dlit_W Of ' Steil of FLORIDA M.Jean Ron,Esq. :ONniy of COLLIER Florida B. o. 750311 Attorney for the Code Enforcement Board I HEREBY CERTI^(THAT this Is a true$fl 400 Fifth Avenue S., Ste. 300 :orrect copy of a documenU onyfile in Naples,Florida 34102 Board Minutes and Rea9ras of Collier County (239)263-8206 ,: _q ESS my h nqt nd of€iof ',g0i is .._.�. day o f v - •Cklie's1 1 _ : 1. ' totfrfr ''-:E. BROC . K OF couRlri `. t, D,C, 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007100180 HAMO GUTIC , Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,4/404,10 6 - i,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 22"d 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 1tierL' A. Obtain ATF permit(s) for all unpermitte• construction/remoq ling/addition on property • - 1! .. - .. - .: . .. •- _ spections thr ugh certificate of completion (CO) withinf31 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 t7, .0 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. (14------- --------, Respondent Michelle Arnold, Director Code Enforcement Department -r- Z Z .Q.17 f• 22- o(. Date Date REV 2/23/07 JDJJ110 UK; Jill ra; 3014 RECORDED in OFFICIAL RECORDS of COLLIER CODRT, FL 04/11/2005 at 09:24A1 DWIGHT I. BROCR, CLIRR COES 1394000.00 RIC FIE 27.00 DOC-.70 9758.00 Retn: GDLFSBORI TITLE CO This Instrument Prepared By: PICK WP 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• • ;ir•, of in I'i-2GN ,A.D., 2005,by MICHAEL P.VALENTINE P' ' • ES,LLC,a L .ility Company existing under the laws of the State of Florida,and having i p ;'e'•al place of business at: • •08 .inwood Avenue,#7A,Naples, FL 34112,hereinafter called the grantor to - whose •;•st o"1• ad• ss is: 1 Jean Place,Syossett,NY 11791,hereinafter called the grant,. . (Wherever used herein the terms';_ : an• e' i •- 'es n this instrument and the heirs, legal representatives and assigns •fj,0• qua a •,.sors d f Limited Liability Company.) , WITNESSETH: That the_ r • •r,for and in consideratof • en and 00/100 Dollars($1 0.00) and other valuable considerations, :',• hereof is hereby ac 4 • e• -• ese presents does grant,bargain, sell,alien,remise,release,convey an• efn unto the grantee,al : t "n land situate in*Collier County, Florida,viz: O� 1, • "See legal description attache. ,14_ - :.i • "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: Jill t'ii: sblD IN WITNESS WHEREOF, 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 BY: '"``^", ( V- Chilkatfrett WITNES AME: irgi is E. Duggan MICHAEL P.VALENTINE,Managing Member 61) UZI 1.0 WITNESS NAhhelsea Duggan „RCOU STATE OF FLORIDA dQ� 1).. COUNTY OF COLLIER The foregoing instrument as - • d • ore me 1 da of /)')r4tt # 2005,by MICHAEL P.VALEN E, :� : - �(kc • - 7 VA ENTINE PROPERTIES,LLC, a Florida Limited Liability Com y• • r f , e ■ �'? . .rod ced a valid FLORIDA drivers -- license as identification or is pe ,; o o - . .1 • �� not 1 • i - -P �'�,..J.+ Alm C l' 7,' PUBLI i (seal) My Commission Expires: Virginia E Duggan • •My Commission D0057854 % r Expires November 11.2005 — - /0 Xlia OR: 3.111 PG: 3616 m "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 part of the Northeast one-quarter(NE 1/4)of the Northwest one- quarter(NW 1/4)of Section I1.Township 50 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 310.6H a • • _ . 1 ,�.,of Lots 37 through 47,inclusive,of Avondale Estate as reco • M,r• . , •C L Public Records of Collier County, Florida;thence along the . •of said Lots N'' "E 25.0 feet .thence South 310.88 feet to the North line o •• Avenue;thence along line of Linwood Avenue West 25.0 feet to the place . 1 mg,De • • • • e No • •caner(NE 1/4)of the Northwest one-q 1 • - ;: . 11,T. •ip • • Range 25 East,Collier County.Florida. PARCEL W: C. #7, �; l A,Naples Cornmcrcial Center First Additi 4b4-;-. r • �B.T. Paget of ••� •lie Records of Collier County,Florida; •ng the North line of 4•'; • Est 550.0 feet for a place of • beginning;thence No '.88 feet to the Sou --'• • . tk• through 47,inclusive,of Avondale Estate as --• ,-. •• Plat Rook 4,Page 45, • brie Records of Collier County, • Florida;theca along the • ! • t of said Lots . ii1 7 E 25.0 feet;thence South 31 l.011 ' feet to the North line of Lin = , 3 7''• ,1• t North line of Linwood Avenue West 25.0 feet to the place of beginning, •• ._ �; ortheast one-quarter(NE 1/4)of the • • • • Northwest one-quarter(NW 1/4)of Section 11,Township 50 South,Range 25 East,Collier County,Florida. PARCEL X: Commencing at the Southeast corner of Lot 12,Block A,Naples Commercial Center First Addition as recorded in Plat Book 1,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 as-recorded'in Plat Boob,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 31128 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 part of the Northeast one-quarter(NE 1/4)of the Northwest one-quarter(NW 1/4)of Section 11,Township SO South,Range 25 East,Collier County,Florida. ii COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Gulfside Industrial Rentals,Inc Respondent(s) CEB CASE NO. 2006081251 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-11 Deed 12 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006081251 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GULFSIDE IND.RENTALS INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:4427 Exchange AVE Unit:2 Naples, FL SERVED: GULFSIDE IND RENTALS INC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON 1MTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA "-1 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO.2006081251 vs. GULF SIDE INDUSTRIAL RENTALS INC, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,The Land Development Code,as amended, Sec(s) 10.02.06[B][1][a], 10.02.06[B][1][e]and 10.02.06[B][1][e][i] and The Florida Building Code, 2004 Edition, Section 105.1 and 105.7 2. Description of Violation: Construction/remodeling/additions of office space done without proper building permits. 3. Location/address where violation exists:4427 Exchange Ave,Naples(folio#00278880007). 4. Name and address of owner/person in charge of violation location: Gulfside Industrial Rentals Inc, John Costello, As Registered Agent, 4303 Exchange Ave, Naples, Fl 34104-7021 (Property Owner) 5. Date violation first observed: August 25th,2006. ,--� 6. Date owner/person in charge given Notice of Violation: September 4th,2007. 7. Date on/by which violation to be corrected: September 10th,2007. 8. Date of re-inspection: March 121,2008. 9. Results of Re-inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby c r' -s that the above-described violation continues to exist; that attempts to secure compliance with the Collier County ode .ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a i•ublic •earing. Dated this ) I- Day of Pr L 2008 VAN. T Snow Code Enforcement Investigator STATE OF FLORIDA CO M OF CO IER Q S • + F'":e. an• u s 'be to efop, ids f day of /4-f114-,$-)2008 by ///�2-G� S gn• e of Notary ' b c) ,` (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced S'ARY MEM-STATE OF FLORIDA '�,'.,,,'' Linda C. Wolfe ;, .17-Commission#DD739150 ED Ps' DEC.07,2011 7M ATLANTIC BONDING CO.,INC. REV 3-3-05 9 Pi.- .aselvuuiuer LVVOUOrcai COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements NOTICE OF VIOLATION Respondent Costello,John _ Date: 8/23/20 Investigator: Toin Campbell -- ° Phone: 239-403-2492 Gulfside Industrial Rentals,In /'� Zoning Dist Industrial Sec 36 Twp 49 Rng 25 A ,g: 4303 Exchange Ave. Legal: Subdivision 100 Acreage Block 164 Lot .000 Naples,FL 34104 Location: 4427 Exchange Folio 00278880007 OR Book 1383 Page 2235 Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Violation(continued): Ordinance 07-44,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 0105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or perform any construct,enlarge,alter,repair, move,demolish,or change the occupancy other work which disturbs the existing structure and/or compaction of soil in of a building or structure,or to erect,install,enlarge,alter,repair,remove, any right-if-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work 010.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities pennit(s),inspections,and certificate(s)of occupancy,etc. 111.1 Connection of service utilities. No person shall make connections 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance from a utility,source of energy,fuel or power to any building or system that is of building permit No site work,removal of protected vegetation,grading regulated by this code for which a permit is required,until released by the improvement of property or construction of any type may be commenced building official. • prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other applicable county regulations. On 8/22/2007 I did observe that interior office, mezzanine and platform additions have been made without first obtaining the /-10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of required Collier County Building Permits, Inspections nor any type,repairs or remodeling of any type that requires a building permit has Certificated of Occupancy. been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II ®Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described electrical,gas,mechanical,or plumbing systems which a unsafe,unsanitary, structure/improvements: OR remove said structure/improvements, m or do not provide adequate egress, or which constitute a fire hazard, or are including materials from property and restore to a permitted state. otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or ®Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate of occupancy/completion. OR demolish described hereby declared illegal,etc improvements/structure and remove from property. 0103.11.2 Physical Safety[pools). Where pool construction commences prior [Must effect or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same building/structure/systems: OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: September 10"' 2007 certification of a one or two family dwelling unit on the same property. the () P fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to S1000 per ❑104.135 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are Respondent's Signature Date not limited to, excavation pile driving (excluding test piling), well drilling, 8/22/07 formwork,placement of building materials,equipment or accessory structures / and disturbance or removal of protected species or habitat,etc. Investigator's �'-/ Date / .Section 106.1.2 Certificate of Occupancy. / 106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a 1 building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 U.S. Postal Service CERTIFIED MAIL;., RECEIPT FR (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OFFICIAL US }. _ O Postage $ Certified Fee �. C Postmark O Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) ru rU Tot O GULFSIDE IND RENTALS INC Sent JOHN COSTELLO 4303 EXCHANGE AVE NAPLES FL 34104-7021 City, Case Nbr - 2006081251 PS Form 3800 August 2006 Reverse for Instructio _-- - _--- _ -________ —' - . _ - - - - mmww�m _Home Hein Track&Confirm ~~~� &Track �� ConNmmm Search Results Label/Receipt Number:7007 0220 0000 4037 0501 ------------'— Status:Delivered Track&Confirm Enter LabeVReceipt Number. Your item was delivered mt12:4SPK8nn September 4.28O7inNAPLES, FL 34104. -- -- ~-- - '— -- '- - \ (�amm��a��a� ��m�m�*�QSpS.womHome>i � �Options ' Track&Con rm by email Get current even information or updates for your item sent to you or others by email. [0o s ) 1111 POSTAL INSPECTORS site map contact us government services jobs Y�mtVonal �� Pnenmiar��ccmunte pmsvrvmnt*ermxt cunvnnxt 0 1oyo'zon*usps.m/myx�Reaemeu.rpnmsv/use p,*acypvory ~~~.` h*n://tzkcofrzol'Gzrii'omPs.com/PTS ' .dO 9/25/2007 TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 18 months—First Phase 30 months 2 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months—Third Phase 18 months—First Phase 30 months—Second Phase 54 months 4 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the http://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 6 growth management plan. B: Building or Land Alteration-Permits. _ ._ 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. in the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or http://library 1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration n permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for-an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. r^, ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://library l code.com/mcc/DocView/13992/1/66/68 6/26/2007 8. approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://libraryl.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 9 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/gateway.dll/Florida%20CustomBuild2004_FL/3/8?f—templa... 3/13/2008 injunction, order or similar process. - 105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative authority. 105.5 Reserved. 105.6 Reserved. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. As per Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. http://ecodes.iccsafe.org/icce/gateway.dl /Florida%20CustomBui1d2004_FL/3/8?f=templa... 3/13/2008 /1 :. ,,:r ' 001383 , :I,: gip 29 id 6 21 ' DOZ235- ' '''. 21 '2176 16 1R BOOK Rums PAGE # ettutfttegitRY . WAI1RANTE DEM • • A.' TWO Dlitlijia road.thledsty 01,.......41ameenar.. -• rfus .#71 betas GULF=CONSTRUI MCP RISS--1" =it a Florida corpariese; grantor . " S'''.'--Lr-; and GUM=1NitarRiA14 RENTALS INC., a Pk:ride eetparatior;grantee, Was post• i INT....:.offkm addresio 1s,152, Rinternries Arsoutujapjoeu. Tx. 33942 1 144040." rim 'The paintar,ht=adoration of the sum of"MN DOLLARS(010.00),and other pod 4 , and valuable wenhirsation Paid by the grottos to the venter, the receipt of Oh*le bars*shimosfiedged,here*arsep to panteet the following tiesoribed reel property in . Collier Con%?bridal The ilauth Illt of the East 1/2 of the Martha/tat I/4 oi the Northwest 1/4 of the Sontheent 114 port of gelation 30, Teem* 40 Sent% Range 20, Ike; Net a raeordad 1 ubdirialoh. (Pete,South 1/2 No IDOL Qrantor fully warrants Utla to said land and will defend the same spinet the lawM 1111 claims of all germs wbommoovem except that this deed la atibjeet to the following; t, abaditIons, re s whitlows limitations end easements of retard, if any, and deed Inatriatinna an Bat froth at O.E.nook BU,Pep 26„Fablie Records of Collier County,Fkulds. 1 2. liming and other primmeatal repletion. li, Tones and msements for current and subsequent yeas, . 4, An Lwow end woes road on the south 30 fed thereof. . 0, An antler utility purposes of the ennead west le feet. S. A mortgage exatted by Guild& Coustruotkm Equipment, Ine,, In favor of Northern Trust Balk of Florktoillophie,)1.A.,Trustee of the Thomas O. Gettagen WA Number 214109%an to an andinkiad 50% in -1-,i . D. .:, .*Creel Trustee, as to an undivided 0094 interest, ?worded in (XL Book 1.7I Page :•.t, Public Rem=of cozier Cough Florida*In the Initial Principal Ism 0 - 500.00 width sumo by ecevting this deed,Grantee * expressly span to eseurne and pays . Witham* GULFSIDE CONSTRUCTION ' EVIIIPMENT,INC, ..... I MIIMirrik•_ .__Lao _ __ __ ,-..ik-I. IP ni STATE OF FLO1UDA courz OF COLLIER •4 4 I HEREBY CERTIFY that oe this day before TANI Notary Public Only authorized in the State. and Ommty nomad above to take acknowledgment; personally appeared nth) Ceatelle of Ot/LFS1OR CONSTRUCTION i EQUIP-4:4 i‘ :C., to Ina ,. , , to be , perm aa Chanter In-and who executed the foregoing warranty deed, and aelmewledged before me that saki parson executed that : warranty deed. II ,WThtP.lnd apd official anal in the County and SUSI lost aforesaid this L I day of 10814. .....,-.........„, http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID--445292 3/13/2008 /4 COLLIER COUNT'-CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007040334 Board of County Commissioners, Collier County, Florida vs. Gulfside Industrial Rentals Inc(RESPONDENTS) Violation of Section(s) 10.02.06]B][1][a], 10.02.06[B][1][e] and 10.02.06[B][1][e][i], , 04-41, The Land Development Code, as amended and The Florida Building Code, 2004 Edition Section(s) 105.1 and 105.7 Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007040334 DESCRIPTION OF VIOLATION: Construction/Remodeling/Additions of office space done without proper building permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodeling/additions of office space on property and get all inspections through certificate of completion (CO) within 120 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the unpermitted construction/remodeling has been permitted, inspected and COed OR Obtain a demo permit and remove any unpermitted construction/remodeling/additions within 120 days of the date of this hearing and restore the building to its original permitted state or a fine of$200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. 2. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida 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][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 peimit(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 been a 04 te, in order to conduct a final inspection to confirm abatement. it pondent Michelle Arnold, Director Code Enforcement Department tr Date / Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 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 ititicontact 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 6th 2008). The permit was Coed on June 9th,2008. FURTHER AFFIANT SAYETH NOT. Dated September, 8th,2008. COLLIER COUNTY,FLORIDA CODE OI CEMENT BOARD Kitc e 1 T. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w to(or a r ed)and subscribed ,-fore me this 8th, September,2008 by Kitchell T. Snow. * il.i . II r _A (Signature of No .w 'ublic) (Print/Type/Stamp Commissioned /.*'"wry Notary Public State of Florida Colleen Davidson Name of Notary Public) y, 4 My Commission DD558435 '4 Expires 05,3012010 Personally known ' Rev 1/9/2008 4172113 OR: 4365 PG: 1412 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/30/2008 at 09:15AN DWIGHT I. BROCI, CLERK RBC FIB 35.50 Retn: COLLIER COUNTY CODS INFORCENEN CODE ENFORCEMENT BOARL�BNDISA NARBII/ OFBR 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 ORD R OF THE BOARD THIS CAUSE came on for public hearing r1b- :•r. :C»ay •, '018,and the Board,having heard testimony under oath,received evidence rig • • respective to a : ':te matters,thereupon issues its Findings of Fact,Conclusions of Law •n 9rir er of the Board,as folio r: 1. That Gulfside Industrial R= tal is t •., -r of •e su• c prope • 2. That the Code Enforcem: t B •r• •ri di ti• • j o • e R-.pondent and that the Respondent,having been duly not fled, :p• • at he pu•I I :nn!\'y oh o• ello,and entered into a Stipulation. (') 3. That the Respondent was 15,• of the date of heaein! 'i_ e fi • and by posting. 4. That the real property located ' • xchange Avenue,Na' ., ,Folio 0027888007,more particularly described as The South V2 of • •- • the No • • e Norwest'Vs of the Southeast'V4 part of Section 36,Township 49 South,Range 2 .. • t. •••'vision.(Parcel,South /2 No. 105) is in violation of Collier County Ordinance 04-41, • ••u' •pment Code,as amended,sections 10.02.06(B)(I)(a), 10.02.06(B)(I)(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 I 0.02.06(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 • • 0. . ,, Heil 4 •e Board's Order. DONE AND ORDERED this j ria.. of�, !+> 1a ,�•flier County, Florida. �1--** ODE EN ORCE N :OARD • ' ILI NTY, •' r��rIDA , ___ _ 'e � h C) • : t._ortfh e . .:' s •4•riv 1 C4 Naple lori sh 34 It: STATE OF FLORIDA ) ' n� .0 )SS: COUNTY OF COLLIER) �� V The foregoing instrument was ackn• et*,• • r. is 4•• day of ena.4.1 2008,by Gerald Lefebvre,Chair of the Code En o ••a. : . • • oilier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. MIME MOI CN kte _: t�V00tY COMMON NOTARY PUBLIC EXPIRES:June 16,2011 )1: �� e,,,e.en,,,,Hod,ya uw,�„, My commission expires: Alai ot FLORIDA of COLLIER I HEREBY CERTIFY THAT tf *m �ote document o � " ,�� and Recoros _ g my hand oft1 'Seaf y o of to E 9ROGK, K OtOpi tit 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 Z day of 2008. M.Jean wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 ��I R C61 GQ �� r r 1. � T IE CMC° BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** QR. 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 - • - ,: - •,? .t .� -. construction/ additions done without proper building permits. THEREFORE, it is agreed betwe n t - , ies • •- ; :spon•;nt - all; 1. Pay operational costs n t amou o -38.11 incurr=• i the prosecution of this case within 30 days of the •:to • is i . y 2. Abate all violations b n I E-r A. Re-appl' i obtain permit(s), Tr t e • , ction/remodeling/additions to the building :.v •taro all inspectio I i • 1•f.: ificate of completion (CO) within 45 days of the •r - . this hearing or a f, - . 00.00 a day will be imposed until such r time as the •. • •,:. .�K • • . ,:. . -. d Co'ed. OR Obtain a demo permit and remove any un•- ,•: ••.;• • : lremodeling/additions within 45 days of the date of this hearing an• r- •re 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 =permitted 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 •• Kte., in order to conduct a final inspection to confirm abatement. I pondent Michelle Arnold, Director Code Enforcement Department 0 Z---/i P' s za-- Date Date REV 2/23/07 cAiLted S/30—#6 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: I. 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 '/2 of the East 1/2 of the Northeast '/4 of the Norwest ''A of the Southeast 1/4 part of Section 36,Township 49 South, Range 25 East. Not a recorded Subdivision. (Parcel,South 1/2 No. 105) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), I0.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition, 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 I 0.02.06(B)(I)(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 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 7 COLLIER COUNTY,F 4 RIDA / BY i�V4� a COUNTY, erald Lefebvr-' hair 7 2800 North Horseshoe Driv- Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this le'd y of rY�Q•�� , 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. 4411.7k, KRISTINE HOLTON . • MY COMMISSION#DD 686595 NOTARY PUBLIC y��• 8 EXPIRES:June 18,2011 1 %A;G Bonded Thru Notary Public UnderWrs j My commission expires: .ffi ill.* Of FLORIDA .Zoom:,of COWER 1 HEREBY CERTIFY THAT this orrect copy of a document a; e-iK y Board Minutes and Recoras lar�FSS my hang and off' f t=; "'"'day of �a : E. BROCK,CLERK O ) WWI , , ,•„;,. ? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mj to 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 GULFSI 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. pondent _ Michelle Arnold, Director Code Enforcement Department Date / Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Angel and Norberto Hernandez, Respondent(s) CEB CASE NO. 2007010485 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007010485 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HERNANDEZ, ANGEL AND NORBERTO, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION:3355 Polly AVE Naples, FL ,--� SERVED: HERNANDEZ, ANGEL, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COWER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(238)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /, COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007010485 Angel Hernandez and Norberto Hernandez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):04-41 as amended,Collier County Land Development Code, Section 3.05.01(B)—Vegetation Removal and Protection 2. Description of Violation:Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. 3. Location/address where violation exists: 3355 Polly Ave Naples,FL Folio#0042720009 4. Name and address of owner/person in charge of violation location: Angel Hernandez and Norberto Hernandez 6199 Whitaker Road Naples,FL 34112 5. Date violation first observed:2/9/2007 6. Date owner/person in charge given Notice of Violation:Posted Property on 10/17/2007 t•—• 7. Date on/by which violation to be corrected: 11/19/2007 8. Date of re-inspection: 3/18/2008 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this day of pr ' , 2008 / �, / / Je/.'ter E. (Waldron Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (• • G• li ed)and subscribed before this day of /a Of ',2008 by Jen Waldron (Sig. •fNotary Pub ) (Print/Type/Stamp Commissioned / Name of dvi.al 1'u Personally known �/ or produced identification tar E E, aERRFNO Notary Public,State of Florida Type of identification produced Comm No DD 401145 My Comm expires March 04,2009 Bonded thru 1st State Insurance REV 3-3-05 2 COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT '--.."): Angel Hernandez and Norberto Hernandez,Owners ORDER TO CORRECT VIOLATION(S): 99 Whitaker Road You are directed by this Notice to take the following Naples,FL 34112 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Conduct no further vegetation removal. Within Collier County Zoning District: And Sec 16 Twn 50 Rng 26 Subd Blk Lot Parcel Respondent must prepare a mitigation plan which meets Of Collier County Record Property ID: 00420720009 the criteria as stated in 04-41 as amended Sec. PUD Tract Unit SDP 10.02.06.E.3 (Copy attached). The mitigation plan shall OR 2988 Page 2511 : OR Page be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy AKA(Address) 3355 Polly Ave Naples,FL attached). The respondent is required to establish a monitoring program(10.02.06.E.3.e.i)that would NOTICE determine the 80% survivability of species of the plants Pursuant to Collier County Code Enforcement Board used in the mitigation effort over a five year period with (CEB)Ordinance No.2007-44, as amended,you are notified replacement required to maintain the 80%minimum that a violation(s) of the following Collier County annually. A minimum of five reports will be submitted by Ordinance(s) and or PUD Regulation(s) exists at the above- respondent.Reports will be due at one year intervals. described location. Ord No. 04-41 as amended Section 3.05.01(B) ON OR BEFORE: 19th November 2007 Ord No. Section Ord No. Section PENALTIES MAY BE IMPOSED 1) Mandatory notice to appear in court or issuance of a ' ".JD#s: citation that_ may result in fines up to $500 per _.egulations: violation. 2) Code Enforcement Board review finds a violation Sections: exists, a maximum fine of$1000.00 per day in the case Dated: of a first violation., as long as the violation remains, and costs of prosecution. DESCRIPTION OF CONDITIONS CONSTITUTING'1171E SERVED BY: VIOLATION(S). Personal Service ['Certified Mail Posting of Property Did Witness: Vegetation removed and fill brought in without obtaining the proper required Collier County permits. I, HEREBY acknowledge that I have received, read, and understand this notice of violation. INQUIRIES AND COMMENTS SHOULD BE DIREC I bD TO CODE Signature and Title of Recipient ENFORCEMENT INVESTIGATOR Jen Waldron 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax:(239)304-3917 Print ix._Investigator signature i�C�.` Dated this 17th day of October 2007 VIOLATION STATUS: Reference case number: 2007010485 ®Initial Recurring ORepeat T..., Notice of Violation Original to File Ccnv to Recnnnrlent Crnnv for Site Pnctine Cony for Official Pc,tine Rev R/fl 3 AFFIDAVIT OF SERVICE Respondent(s): Angel Hernandez and Norberto Hernandez CEB Case No. 6199 Whitaker Road Code Case No. 2007010485 Naples,FL 34112 Notice of Violation ❑Notice of Hearing ❑Notice of Hearing (IOF) ❑Citation [Notice to Appear ❑Code Enforcement Board Evidence Packet ['Other: I, Jennifer Waldron, hereby swear and affirm that a true and correct copy of the document(s)referenced above have been provided to the Respondent(s) via: ❑US Mail ❑US Certified Mail (Return Receipt Requested) Posting of Property ['Personal Service ^ EICollier County Courthouse Posting Sworn this 17th Day of October, 2007. P/,/,L Jennifer Waldron Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this sC// 17,7, °�v�Eby "�'P" �` Signs a of Notary Publi• M�►RLENE G,SERRANO Notary Public.State of Florida Comm No DO 401145 - m expires March 04,2009 Print/Type/Stamp Commi siteckd thru 1st State insurance Name of Notary Public Personally Known REV 3-25-05 4 AFFIDAVIT OF MAILING .--\ HERNANDEZ, ANGEL Code Case Respondent(s): NORBERTO HERNANDEZ 6199 WHITAKER RD CEB# NAPLES, FL 34112 0000 Case Nbr - 2007010485 TH.E DESCRIPTION OF TN1+;DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) • frotice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑Other. Iyi►-� �C' ,hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) • notice referenced above,has been sent by First Class,U:S. Mail to the above respondent(s) at Address) Q� On this /!-1 — day of 20 G . Al Signa e Title STATE OF FLORIDA COUNTY OF COLLIER / `/ Swo o(.r . :• ••ed)and subscribed before me this ..y of • 200 777bY ��, ' r�� / A i, • r of og�gai�ing item t) � .( Wolfe ( ignature of Notary Public tD 0#DD273407 E ee 07,2007 (Print, a or stamp Expue�D�,� Commissioned name of Notary Public) " �~ • Personally Known • Produced Identification. /"pe of Identification Produced • • • nr-i.,,r,mr e"A;rd Rev 6/03 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate,trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 6 TINS W arranty meat 4111 YaV rave awry •..• ....�.. WOMB OflICI11 fl fl$of tOLLIIl deft, II 111211211 at 11:1218$1111?I. UM, GSM 8 A.D. 02 0011 21111.11 �M�de this 22nd day of FeUrwry : . by Becky McHugh,a woman UC RI 8.11 000-.11 115.81 - Iota: - fliit f 'ITT?MI hereinafter called the grantor. to rift R Angel Hemades and Norberto Hernandez A SINGLE PER A SINGLE PERSON AS JOINT TENANTS WITH whose post office address is:FULk011URVIORSHI Naples,Blonds 34112 Grantees'— 593431172 hereinafter called the grantee: Wale ell the parties w 16e heaameae sod the (Whenever wad berde the teem'motor'nal 'grower" Wm.teed relmmentzlives rod asaips of individuals.sad the summon and wipe of arpuruiom> Witnentxth, that the graauu, for and in consideration of the aim of S 10.00 and other valuable considerations, receipt whereof is hereby acknowledged.hereby grants,bargains,sells.aliens,remises, releases. conveys and confirms unto the Santa. all that certain land situate in Collier County,Florida.viz: The North 105 feet of the South S25 net of the End 1/2 of the Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of SwNias 16,Township SO South,Range 26 Bad,Collier County. ion the Fad 30 feet for road right-of-way suvECT TO covenants,condition,restrictions and enemeats of record and taxes for the current and subsequent yaws. R CO Pared ierwltha the N ".- _ taments and - thereto belonging or in anywise appertaining. Togdhee with all the . To Have and to H, ., ', fee simple f. And the grantor - -•y , - th r. that the ' ,,. is lawfullyseized of said land in fee simple; that the grantor bas good ,t .. I r_ . , con . land:that the grantor hereby fully warrants the title to said land and w der- ,'' - , of 1 persons whomsoever: and that said land is /"�, free of all eoannbtaeces - t 'Tf L.,r"'s., ',, 31 2001 In Winne Wit g - the day and rust above �„r�. ,_�� .�' -� Y year written. Signed sealed and resenc�e: }� , 7 ----, ler;Fr .- ._.1111: -: -1•1,11+ C ' — - 111"7/ /I ; 7r� ..ormr- •*MOM risi n n lac ,.r.t AMON.. State of Florida County of Collier The foregoing instrument was acknowledged before me this 22nd day of February • 02 ,by Becky McHugh,a stogie woman . who is personally known to on or who has produced as identification. Drivers Limnos � r.1 MICHELLE ROMAN t:GwwtEON1 24.r t 9 EMIRS OCT?a.rat rte` ar»grG rwr„,n,• M Kaki akiv • ate' ! �►':io* ' This instrument prepared by N.- • .71- — - and*add be returned to: Prim tame: MichaRs Roman,en employee of My Coemr.e-Expires: ring Fidelity TWe,inc. SO'O Tomblin'Trail N,Suite 401 Naples,Florida 34103 d 0 a-0s-N5e in k- 7 _ COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Angel Hernandez and Norberto Hernandez Violation of Ordinance(s) 04-41 as amended Section 03.05.01(B) Jennifer Waldron, Code Enforcement Official Department Case No. 2007010485 DESCRIPTION OF VIOLATION: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ within 30 days of this hearing incurred in the prosecution of this case and abate all violations by: 1. The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 30 days or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan or a daily fine of $200.00 will be imposed for each day until plant material is installed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010485 Angel Hernandez and Norberto Hernandez, Respondent(s) STIPUL�TION/AGREEMENT A COMES NOW, the undersigned, - d 6-G„ az,„EA_ , on behalf of himself or as representative for Respondent and e :rs 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 •tify ••e Enforcement that the violation has been abated and request the Investigator to ci - oir perform a site inspection. i Respondent helle Arnold, Director Code Enforcement Department Date Date 1 1 REV 2/23/06 • Ate,8 50(b 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 the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing in person and 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 1/4 of the Northeast'/4 of the Northwest 1/4 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 fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z� day of m Qty ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA - B _ erald Lefebvre hair 2800 North H.rseshoe Drive Naples,Florida 34104 STATE OF FLORIDA r )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. KRISTINE HOLTON 3 KiLirjb)(Sj *: F "*:',,1 MY COMMISSION#DO 6836 ! NOTARY PUBLIC EXPIRES:June 18,2011 12, My commission expires: '4%,.9H,Q. Bonded Thru Notary Public Undenw:t ,. .ri sate of WAWA A ,:oun y of COLLIE. Y CRT1.•. THAT this Is a kw an {/;orrec. cifpoo y^ot-o'.u tr.. 1I 1,1r y.�s,ft#l to Bo d li i(/t b J dgyof )WI RQc ." r 3 :tv _ _ _ ty :'01 S, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been set by U. S.Mail to Angel and Norberto Hernandez, 6199 Whitaker Road,Naples,Florida 34112 this day of , 2008. M. Jean Raw .= 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. Angel Hernandez and Norberto Hernandez, Respondent(s) CASE NUMBER: 2007010485 STIPUL TION/AGREEMENT COMES NOW, the undersigned, d 6A. ,tAf,„, , on behalf of himself or representative as Respondent r Agreement with Collier County as to the resol resolution of Notices ofViola Violation inrefe reference (case) t 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 •ti ••e Enforcement that the violation has been abated and request the Investigator to • - off f perform a site inspection. 0/6t be- Respondent ' helle Arnold, Director Code Enr we1nt Department Date Date REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Monterey Master Owners Association,Inc Respondent(s) CEB CASE NO. 2007010111 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11-12 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007010111 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MONTEREY MASTER OWNERS ASSOCIATION, INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotics- Unimproved/200' Improved/Subdivision54-185(c) LOCATION OF VIOLATION: Folio#80445003501 --� SERVED: MONTEREY MASTER OWNERS, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile ,• ■ IF YOU ARE A PERSON WTH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE l COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007010111 Monterey Master Owners Association,Inc.,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):04-41 as amended,Collier County Land Development Code Section(s) 3.05.07(H)(1)(g)(ii) 2. Description of Violation:Prohibited exotics present in designated Preserve Area. 3. Location/address where violation exists: Folio#80445003501 (Monterey Preserve) Naples,FL 4. Name and address of owner/person in charge of violation location: Monterey Master Owners Association,Inc., Southwest Property Management R/A for owner 1044 Castello Drive#206 Naples,FL 34103 5. Date violation first observed: 12/18/2006 6. Date owner/person in charge given Notice of Violation: 3/5/2008 7. Date on/by which violation to be corrected:3/20/2008 8. Date of re-inspection: 3/20/2008 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated day of H') r ' f , 2008 ® B J Waldron K./�— Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or a II ed)and subscribed before this day of 4 n ,2008 by Jen Waldron (Signature : Notary Public) (p t/T �..,, Ad-l- V• •N eo$ 116 eo 190 401145 Personally known or produced identification ma y�mm expires March 04,2009 Type of identification produced dComm ry €fate Insurance REV 3-3-05 2 Case Number:2007010111 Date: March 5th,2008 Investigator:Jennifer Waldron _ Phone: (239)252-2444 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: Monterey Master Owners'Association, Inc. 1044 Castello Drive#206 Naples, FL 34103 Registered Agent: Southwest Property Management 1044 Castello Drive#206 Naples, FL 34103 Location: Unincorporated Collier County Zoning Dist: Sec 02 Twp 49 Rng 25 Legal: Subdivision Villages of Monterey at Woodbridge, Unit 1 Block Lot Folio 80445003501 OR Book 2243 Page 2379 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB)Ordinance No.07-44,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described location. Ordinance/Code: 04-41 as amended Section 3.05.07(H)(1)(g)(ii) Violation Status- X initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Prohibited exotics located throughout preserve areas. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Category I exotics from all preserves as stated in 3.05.07(H)(1)(a)(ii). 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 veaetation 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 prophibited exotic veaetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(a)(i-v). ON OR BEFORE: 03/20/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE G 'I /� B DIRECTED TO CODE ENFORCEMENT T_ G�I�t�- 2800 No. Horseshoe Dr. Naples, FL 34104 In�'stig;r Signature (239)252-2444-Fax: (239)3043917 Sig -J - bJ ure a n•f i e of Recipient C ) 5 j Printed Nam of Recipient Dated: 3 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum,the preservation standards contained within this section. H. Preserve standards. 1. Design standards. a. Identification.Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set- aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. iii. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions. The minimum width of the preserve shall be: i. twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. c. Protection of wetland hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables.In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. d. Protective covenants. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of- way.No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements , may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County,without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. e. Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements cannot be accommodated, the landscape plan shall re-create a native plant community in all three strata(ground covers, shrubs and trees),utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. These areas shall be identified as created preserves. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may 6 fulfill all or part of the native vegetation requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less,preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted,regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State,preserves may be impacted and created elsewhere on site. ii. Required Planting Criteria: (a) Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata(ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven(7) gallon shrubs; fourteen(14) foot high trees with a seven foot crown spread and a dbh(diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft. mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re- establishment of the native plant community. (b) Approved created preserves may be used to recreate: 6 (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.I.b. (d) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. f. Allowable supplemental plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers,three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. g. Preserve management plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: i. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. Exotic vegetation Removal,Non-native vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves. 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 the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains,the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time,the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. At a minimum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. _ - v. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways ,benches and educational signs . Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. 2. Tnspections and maintenance. a. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: i. Prior to preliminary acceptance of the phase of the required subdivision improvements; ii. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. iii. As required with golf courses,prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity.Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance. Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a.. All principal_structures shall have a minimum 25- /-4,, foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP,that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June 19, 2003. (Ord.No. 05-27, § 3.M) ,7- • 2113012 OR: 2243 PG: 2319 IRIS INSI1LUMENT PREPARED BY: _CO_U ORO=ODI N,(CIUU1 CNRI, 111 TERRY V.BROUGHTON.ESQ. 11111/N at 13:3111 NM 1. INUC, O Ci11L ---11 $ _ _ _ 1x5-D2 Worded _ _ I"-"N PORT MYERS.FL 14971 Ne..11 It Mr PARCEL I.D.NO.: UM 1 IMM O Gm."a 1111 31 CUM IL11 (Nerve&No.) R 11W PL 17!11 Wore abo c rbie fine for recording deal QUIT CLAIM DEED This Quit Claim Deed,made this Iii day of October 1996 , 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,Grantee'. Witeesieth that said Grantor,for and in consideration of the sum of Ten Dollars and no/100($10.00)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 desaled land,situated,lying and being in Collier County,Florida,to-wit: See the attached Exhibit A. To Have and to Hold the same togethe 3 '. fiI t •unenances thereunto belonging or in anywise appestaliueg,and all the estate,right, . equity ... . r of Grantor,either in law or equity, for the me,benefit and profit of the •- forever. ••Grantor and far singular or . al, context requires. • � In Witness Whereof,Grantor ... , • - i• t day and year first above written. Signed,sealed and delivered in •. . .. Q I WITNESSES TO MA: MO •lid ASSOCIATES, a Florida .4.. n r. ership �� I-1 L. Printed N e: r.1, i - r `.� I�G-� • ris Bundschu,President MONTEREY DEVELOPMENT ('*(y • _ ., .- i'..` , MANAGEMENT COMPANY, Printed Name: ,i•• 1'.rA ..'Z a Florida corporation,as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) ` THE FOREGOING INSI7tuMEwr.WAS ACKNOWLEDGED MORE Me Tins/ ' DAY OF OcroBEa, 1996,BY CHRIS Bowsaw, PRESIDENT of MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FLORIDA CORPORATION,AS EN [Y eaAL PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENERAL PARTNERSHIP, WHO IS PF.I�SONALLY KNOWN TO ME OR WHO HAS PRODUCED /`''/ ci AS IDENTIFICATION. \\ �N.t')L (/).") 1L/41L/4(,‘,:Z iv NOTARY C ) Pura NAME /r '' / , .. :I. .--pr• '1 COMMISSION EXPIRES , / : H i (" rorrrwrerrocv FM. tet IBI rAl/net*red»NS ti aeon/Aim N Pak li wr:J "I • - • • *** 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 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 t* •'• •y* ,shown in Plat Book 19, Page 8 of the Public Records of Collier County, i'� Tract B,subject to the nd't•• • • , • • uses t o in the Plat Dedication and in the Monterey Sin it ,• borh • pants recorded in O.R. / 1. Book 1672, Page 742 f t, _ '•,1 -�- � '••ygrz•,' ty, orida,as amended from time to time and the o } 7 3' •,- ! n rded in O.R. Book 1370, Page 856,of the Pu a ;ty,Fit a, . 'ended from time to time The following tracts as depicted t: of Villages of Mont • •••• idge,Unit Four,shown in Plat Book 17,Page 77 of the Public ' -••,. oilier Cott, • 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. 140•41131ear/exwrm► 1i_ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Q ) CEB CASE NO.2007010111 DEPT CASE NO.2007010111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MONTEREY MASTER OWNERS ASSOCIATION INC.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 22, 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 1397,et. seq. 2. That a re-inspection was performed on 11/18/08. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated,January 29, 2009. COLLIER COUNTY,FLORIDA CODE E ' ORCEMENT BOARD Pet- Stelze Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 29th day of January,2009 by Peter C. Stelzer. \\\\1 ( ignature of Notary Public) ��r.u, Notary Public State of Florida `�"; Colleen Davidson (Print/Type/Stamp Commissioned '%p , i Ex CeS 0513 12 /0558435 a n Expires 05/3012410 Name of Notary Public) Personally known 'I REV 2/23/2006 4112110 OR: 4365 PG: 1397 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/30/2008 at 09:15A1 DWIGHT B. BROCK, CLERK REC FEE 44.00 Retn: COLLIER COUNTY CODE ENFORCEMEN CODE ENFORCEMENT BOAR> BNDISA MARKU/ OPER COORDINAT COLLIER COUNTY,FLORIDA NTBROFFICB BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007010111 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 80445003501,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)(1)(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 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 OR: 4365 PG: 1398 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 of day of AlfMt,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID, B 7:1;ir.� _A / ,� .1:di erald Lefebvre hair 2800 North Ho seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisg day of rVkal , 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. ,t[�vr".''•• KRIS7INE NOTARY PUBLIC �* =+ MY COMMISSION p��6595 My commission expires: �`''�� •- EXPIRES:Bon TA • deacon, June 18 2011 uYPubic(Adenniers l' 'ERTIFICATE 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,Naples,FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples,FL 34103 this 'µ-)day of , 2008. state co FtARIDA A/9",/,-7 ;oulnlhl of COLLIER M. Jea son,Esq. Florida Bar No. 750311 1 KEREBy CERT! Y THAT this is S_ M Attorney for the Code Enforcement Board .Arch copy of a document°Cl lef in•• 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 Board Minutes and Recor` s Cf Caller Cook (239)263-8206 WITNESS my hand and o'ff1.ciai seal this - day of ---. E.BROC CLERK OF COURTS , 'jouci Q` , L , IiOAKU Uk COUNTY COMMISSIONERS OR: 4365 PG: 1399 Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010111 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT CODES NOW, the undersigned, ��trq L. /-* ,eit/ J/gn / i 0/9 as representative for Respondent on behalf s ti himself d Agreement ith Collier County as p ent and enters into this Stipulation and y to the resolution of Notices of Violation in reference (case) number 2007010111 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. (to 2) The respondent must remove all C =otics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 0 •a s hearing daily penalty of$100.00 will be imposed y f this hearin or a dail p 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 when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 3) Respo den must noti ode Enforcement that the violation has been abated and request the Invest•- .r to come • _ • perform a site inspection. Id A f USA 10 I Wiail--,-espon•-nt V i � M. helle Arnold, Director 1)),'Ar C de Enforcement Department Date <5/ (PO REV 2/23/06 . 2113012 OR: 2243 PG: 2379 I b11I5 DalStEUMl7NT PREPARED BY: !lose Si Mall meows of mum cart, Si TERRY Y.BROUGITPON,150. WM/11 at 11:3111'Bela S. 1108, ME. __._ , - _. tu!-as tm.ru Btia IIC !Y _ 11.51 PORT MYERS,PL 37107 tots: MRCS.1.D.NO: till!1 IMM101 Gm."s 11B X OMIT HO (None ANo.) RIQlR11111 'space abaft obit Gee lot recording date! QUIT CLAIM DEED Thin Quit Claim Deed,made this I'l day of October 1996 Betweea 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'. Witnessed'that said Grantor,for and in consideration of the sum of Ten Dollars and no/100(S10.00)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 W. To Have and to Hold the same toga• • v '; •4.t• r urtenances thereunto belonging or in anywise appertaining,and all the estate,right, • -- - a,equity 0, tsoever of Grantor,either in law or equity, for the me,benefit and profit of the r • - forever. . •'Grantor and • - • --, for singular or • al, contest requires. in Witness Whereof,Grantor _ -'an i, t o-day and year first above written.0 Signed,sealed and delivered in • •. py_ ..E—, WITNESSES TO MA: MO ASSOCIATES, a Florida t" ,i�1 Vi);_.µ /t. -c. AL-- B . a Printed?little: .r/c I , (!' ..1.1.1.E its Bundachu,President __ CTRL MONTEREY DEVELOPMENT t r,1 r_.• . _ ,• f'._, MANAGEMENT COMPANY, el==. Printed Name: ,r.. ,:i/1 x . ,-k a Florida corporation, as Entity General Partner of MONTEREY ASSOCIATES kJ" OF FLORIDA.a general partnership ■v STATE OF FLORIDA ) 11--1 COUNTY OF LEE ) o THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED MORE ME THI&"`' DAY OF Ocrone& 1996,BY o CHRIS BUNDSCHu, PRESIDENT of MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FLORIDA c sroRATION,AS ENlinC GENERAL PARTNER or MONTEREY ASSOCIATES,A FLoansA GENERAL PARTNERSHIP, WHO IS PEPcSONALLY KNOWN 70 ME OR WHO 11AS PRODUCED /`•;/'/. AS IDEN IPICATION. NOTARY Pt(i zc • I-) Parr NAME r r '' / • ••:/. ./p r••i COMMISSION EXPIRES , / •h i {' .- I ANI RMIMp '� eearntaartoce t�:�y Yr001ntiMtal/rote! wwee alrwk Irtra IL•w tit IOW Mil aMrt�lrre.^T- ®/ - • . *** OR: 2243 PG: 2380 *** — EXHIBIT"A"-- _._ - .. The following tracts as depicted the Plat of Villages of Monterey at Woodbridge,Unit One,shown in Fiat 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 • ,tlif ••• ... '. ,shown in Plat Book 19, Page 8 of the Public Records of Collier County. ' • •,' 4 T 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, '` ty, ` orida,as amended from time to time and the .I.} *I'M?' 1 ! •`I in•. in O.R. Book 1370, Page 856,of the • ty,Fl_ri , .a ended from time to time. The following tracts as depicted .t of Villages of Mont isf • •••• idge,Unit Four,shown in Plat Book 17, Page 77 of the Public •-•• oilier Cou• 41. • • : c� es c..r-r 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. F—' c=+ I 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 I370,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. L: COLLIER COUNTY-CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner Violation of Ordinance(s) 04-41 as amended Section 03.05.07(H)(1)(g)(ii) Jennifer Waldron, Code Enforcement Official Department Case No. 2007010111 DESCRIPTION OF VIOLATION: Prohibited exotics present throughout the designated Preserve Area. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ within 30 days of this hearing incurred in the prosecution of this case and abate all violations by: 1. The respondent must remove all Category I exotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 60 days of 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 when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010111 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT C EES NOW, the undersigned, �� yjq L1 on behalf of himself or J/,4n //14574e 4/9 p as representative for Respondent and enters into this Stipulation and Agreement ith Collier County as to the resolution of Notices of Violation in reference (case) number 2007010111 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$329.35 incurred in the prosecution of this case within 30 days of this hearing. V 2) The respondent must remove all C .`+`, 1 :` ,ti, from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 0 'ays 4f this hearing or a daily as long as the violation persists. All exotics within the first 75 feet of the ltouter$edge of every imposed e 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. 3) Respo den must notif ode Enforcement that the violation has been abated and request the Invest t a •r to come . - • perform a site inspection. 4, -!-L.WJA 4 • Wail-- N espon•-nt M' helle Arnold, Director � ,/�by Date C de Enforcement Department 02-10 l f REV 2/23/06 c-5/50/b8 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007010111 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 80445003501,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)(l)(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)(1)(g)(ii)be corrected in the following manner: I, 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 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 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$329.35 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this CO day of lrADIA, ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORID erald Lefebvre hair / 2800 North Ho seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisLo day of PAAI 2008, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 5a ''tip" NOTARY PUBLIC '• _ MYCOMMISSICpp� My commission expires: �'�. EXPIRES:June f8 2016595 ',1fl�t Bonded Tnni Notary plc Underwriters ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Monterey Master Owners' Association, Inc., 1044 Castello Drive#206,Naples,FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples, FL 34103 this 2.VaThay of , 2008. state or PLOW" A? Ofi-f-v>191 Zoom of CODER M.Jea awson,Esq. Florida Bar No. 750311 HEREBY CERTt Y THAT that Attorney for the Code Enforcement Board =Got copy of a document- , fa'I11' 400 Fifth Avenue S.,Ste.300 Board Minutes and Reraa$Cattier - Naples,Florida 34102 eo WATVIESS my hand and o 1 seat th �9 is (239)263-8206 d of `r BM, =RICO ;;+ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010111 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT C/OES NOW, the undersigned, �� 9 L• � � eeic/ /'1�n //i,TK� DA as representative for Respondent on behalf s ti himself d or Agreement with Collier County as to P nt and enters into this Stipulation and y the resolution of Notices of Violation in reference (case) number 2007010111 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. (tO 2) The respondent must remove all C =otics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 0 •a s of this hearing y penalty of$100.00 will be imposed as long as the violation persists. All exotics within the first 75feet of the outer edge of every 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 vegetation. 3) Respo den must no ode Enforcement that the violation has been abated and request the Invest•- .r to come •/ • perform a site inspection. ■dg 1 f Watt i Wial----' IOC AIM d M. helle Arnold, Director ,..67)1,./or, C de Enforcement Department 5./ 2'(/ 80 Date REV 2/23/06 • 2113012 OR: 2243 PG: 2319 , ¶HLS INSTRUMENT PREPARED BY: ___ is NMUS am a GUM COMM, li TBRRY V.BROVOHTDN PSO. II/11IN at I3:IIN QW I. INU, tSYI. _.. _. _ _ i7Qf-172 CaW�i1H Bbd _ WIN IC.ii . PORT MYE.R.S,PL 319e7 NC-.it it ate: ?ARM.t.D.NO. 111111 II MIMI Grawae IM Id AIlli ILO Now a No.) TI'MNRMr lgace oboe this lime for recording dotal QUIT CLAIM DEED This Quit Claim Deed,made this 14 day of October 1996 , Between 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'. Witaeaath that mid Grantor,for and in consideration of the sum of Ten Dollars and no/100(510.00)Dollars,and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby aeteord edged,has granted,bargained and quitclaimed to the said Grantee,and Grantee's heirs and assigns forever, the following desailed land,situated,lying and being in Collier County,Florida,to-wit: See the attached Exhibit'A'. To Have and to Hold the same togethe m ti+ urteaanoes thereunto belonging or in anywise appertaining,and all the estate,right, -. . equity ' r r of Grantor,either in law or equity, for the use,benefit and profit of the r i - forever. . "Grantor'and . - • for singular or . , contest requires. In Witness Whereof,Grantor , 'T!„ ' t day and year Gust above written. Signed,sealed and delivered in I %J� WITNESSES TO MA: C - MO r', ASSOCIATES, a Florida I y_ n r. ership Prune d e: :r/; TA ANS ' e ris Bundschu.President Ct • MONTEREY DEVELOPMENT I.1(.. . _ .. ,' ti._ MANAGEMENT COMPANY. Printed Name-: 4 ,r.. ,i A. •it a Florida corporation,as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA.a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING I I RUME�rr wAS ACKNOWLEDGED BEf ORE ME nos/r' DAY OF Ocross&, 1996,BY CHRIS BUNDsotU, Psestoexr or MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FLORn1A CORPORATION,As EiGry OINERAL PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENERAL PA Tl aSEUP, WHO IS PERSONALLY KNOWN TO ME OR WHO ttAS PRODUCED ^'/71 AS IDWXI1PICATION. DTARY Pt(r uC ) Pupa NAME r , ; / ■ ..:/. ,n',,i 1 COMMISSION EXPIRES , / .p s {' rOrnolY/Om :6, in tatl rtR,tt7'1 N/w•e s Bad ttMtln q w r. as lNorlinDalaltao..•c. . r //' *** OR: 2243 PG: 2380 *** (HIBIT"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, E, Cr, 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 Mat Book 15, Page 69 of the Public Records of Collier County, Florida: That part of Mission Drive which is depicted on the Mat subject to the conditions and for the purposes set out in the Mat Dedication and in the Villa Neighborhood Covenants for Villages of Monterey, Unit 'No 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 shown in Mat 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: i1 • 1 borh, • • nants recorded in O.R. Book 1672, Page 742 •f t -�'�'' s ty,•orida,as amended from time to time and the • 4,11 ` •� `rte ran - in O.R. Book 1370, Page 856,of the Pu• ' }, ", ty,Flt r' •, r ended from time to time. r The following tracts as depicted P of Villages of M tom-+cif •••• idge,Unit Four,shown in Plat Book 17,Page 77 of the Public • -••'' ► oilier Cou. T TT&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 Cotenants 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 Mat 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. ..ownwar/EXIrw► 1) COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Monterey Master Owners Association, Inc Respondent(s) CEB CASE NO. 2007010301 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-10 Deed 11-12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007010301 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MONTEREY MASTER OWNERS ASSOCIATION, INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotics- Unimproved/200' Improved/Subdivision54-185(c) LOCATION OF VIOLATION: Folio#80445002502 SERVED: MONTEREY MASTER OWNERS, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile t IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800 ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE I. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007010301 Monterey Master Owners Association,Inc.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): 04-41 as amended,Collier County Land Development Code Section(s) 3.05.07(H)(1)(g)(ii) 2. Description of Violation:Prohibited exotics present in designated Preserve Area. 3. Location/address where violation exists: Folio#80445002502(Monterey Preserve) Naples,FL 4. Name and address of owner/person in charge of violation location: Monterey Master Owners Association,Inc.,Southwest Property Management R/A for owner 1044 Castello Drive#206 Naples,FL 34103 5. Date violation first observed: 12/18/2006 6. Date owner/person in charge given Notice of Violation: 3/5/2008 7. Date on/by which violation to be corrected: 3/20/2008 8. Date of re-inspection: 3/20/2008 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this day of A p c: C 2008 Ff/ J Waldron Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER 7 worn t. • affirmed)and subscribed before this' day of A ill 1 ,2008 by Jen Waldron Aro (Sig a - of Notary Puplic) (' YPe�` 'r'•• • nn• '•, . Nam.of��.t�n p sII SERRANO "`/// NOt ��ru ic,State of Florida Personally known or produced identification Comm No DD 401145 Type of identification produced My Comm expires March 04,2009 n Bonded thru 1st State Insurance REV 3-3-05 2. Case Number: 2007010301 Date: March 5th,2008 Investigator:Jennifer Waldron Phone: (239)252-2444 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: Monterey Master Owners'Association, Inc. 1044 Castello Drive#206 Naples, FL 34103 Registered Agent: Southwest Property Management 1044 Castello Drive#206 Naples, FL 34103 Location: Unincorporated Collier County Zoning Dist: Sec 02 Twp 49 Rng 25 Legal: Subdivision Villages of Monterey at Woodbridge, Unit 1 Block Lot Folio 80445002502 OR Book 2243 Page 2379 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB)Ordinance No.07-44,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above- described location. Ordinance/Code: 04-41 as amended Section 3.05.07(H)(1)(g)(ii) Violation Status - X Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Prohibited exotics located throughout preserve areas. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Category I exotics from all preserves as stated in 3.05.07(H)(1)(g)(ii). 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 prophibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). ON OR BEFORE: 03/20/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SER ED BY: INQUIRIES AND COMMENTS SHOULD BE f DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 In stig or Signature (239)25 -2444-Fax: 39)304-3917 Sign-i re and if I of Recipient �ub1 Ut 5 r Printed Name f Recipient Dated: 3. LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum,the preservation standards contained within this section. H. Preserve standards. 1. Design standards. a. Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set- n aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. iii. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions. The minimum width of the preserve shall be: i. twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. c. Protection of wetland hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be - - n designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. d. Protective covenants. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of- way.No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements , may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. e. Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. i. Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements cannot be accommodated,the landscape plan shall re-create a native plant community in all three strata(ground covers, shrubs and trees),utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. These areas shall be identified as created preserves. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may - - - fulfill all or part of the native vegetation requirement when preserves are planted with all three strata;using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less,preserves may be planted with all three strata;using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State,preserves may be impacted and created elsewhere on site. ii. Required Planting Criteria: (a) Where created preserves are approved,the landscape plan shall re-create a native plant community in all three strata(ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven(7) gallon shrubs; fourteen(14) foot high trees with a seven foot crown spread and a dbh(diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft. mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re- establishment of the native plant community. (b) Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.1.b. (d) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. f. Allowable supplemental plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers,three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. g. Preserve management plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: ii. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. . ii. Exotic vegetation Removal,Non-native vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category 0 I Exotics be removed from all preserves. 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 the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains,the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time,the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. At a minimum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. e v. --- Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section,passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways , benches and educational signs . Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and walls are not permitted within the preserve area. 2. Inspections and maintenance. a. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: i. Prior to preliminary acceptance of the phase of the required subdivision improvements; ii. Within the associated phase of the fmal site development plan prior to the issuance of a certificate of occupancy. iii. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity.Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance. Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a. All principahstructures shall have a minimum 25- foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June 19, 2003. (Ord. No. 05-27, § 3.M) e• 2113012 OR: 2243 PG: 2379 bits BNSI RIJMENT PREPARED BY: HOMO la MHTWL MIN et MTH COM, it TERRY V.BROUONPON.ESQ. 11111%it It NH NUN g• NHL CLOT 1703-D2 Cotantat Mud. 1St M 11.11 FORT MYERS.PI. 33907 W-.71 .71 Mr PARCEL LD.NO.: TIM I IOIE Galvae a 1716 U ILO m (N. e a No.) Pt/III Pt I3N7 [,pats above this time for recording data) QUIT CLAIM DEED This Quit Claim Deed,made this 144A day of October 1996 , Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Grantor',and MONTEREY MASTER OWNERS'ASSOCIATION,INC.,a Florida corporation not for profit,Grantee'. Witaessetb that said Grantor,.for and in consideration of the sum of Ten Dollars and no/100($10.00)Dollars,and other good and valuable considerations to said Grantor in hand paid by said Grantee,the receipt whereof is hereby adtno ledged,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 4.th •.urtenances thereunto belonging or in anywise appedatning,and all the estate,right, '�' ' forever. equity. , r, tsoever of Grantor,either in law or equity, for the rate,benefit and profit of the ('rl "Grantor and"r , ' • — for singular or .al, context requires.. In Witness Whereof,Grantor .e • an the day and year first above written. Signed,sealed sad delivered in pr - 0 ply WITNESSES TO MA: r IIJJ1 MO ASSOCIATES, a Florida / / `� n r ae/ � Printed ,!f , - (' ' • via Bundschu.President . L' C1112.—" MONTEREY DEVELOPMENT I��.. , �,,�` MANAGEMENT COMPANY, Printed Name: ,;-- i'.,1, ,,,k a Florida corporation,as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING uu-mUMPXr WAS ACKNOWLEDGED Bt- ORE ME This/`' DAY OF OCrOBER 1996,BY CHws BuNDSatu, PRESIDENT or MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FIORmA CORPORATION,AS Enirt GENERAL PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENERAL PARTNERSHIP, WHO IS PP. NALLY KNOWN TO ME OR WHO HAS PRODUCED i"/ /1 AS IDENTIFICATION. OTARY PfriJC ( L) PRZWF NAME r r ' f • ..:1. Z//1••,Pi COMMISSION EXPIRES . I :/,t .' /^-N S t sra■rerer/acv et tI ItwOS/ 't WWI* p aMr IL /Ii • " • *** 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. 0, 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 ill - +�, �'t ee,shown in Plat Book 19, Page 8 of the Public Records of Collier County, 0�-. , ..?, Tract B,subject to the nd't u + I e • • ses t o in the Plat Dedication and in the Monterey Sin F il •-1 H• •e Nei! borh pants recorded in O.R. Book 1672, Page 742 a f t ' 'I- •c . ty, orida,as amended from /� time to time and the o 1 4fi r • *19' n . rded in O.R.Book 1370, Page 856,of the Pu• Call' r • .ty,Fly ri a, ended from time to time. The following tracts as depicted t . t t: of Villages of Mon cat oodbridge,Unit Four,shown in Plat Book 17, Page 77 of the Public R--•• oilier Cou. • • . 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 l7,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. wo1nm1sv/EXHU a COLLIER COUNTY,FLORIDA Mei) CODE ENFORCEMENT BOARD CEB CASE NO.2007010301 DEPT CASE NO.2007010301 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MONTEREY MASTER OWNERS ASSOCIATION INC.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 22, 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 1402, et. seq. 2. That a re-inspection was performed on 11/18/08. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated,January 29,2009. COLLIER COUNTY,FLORIDA CODE E I ORCEMENT BOARD , /l Pet-r Stelze Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wo to(or affi I s)and subscribed before me this 29th day of January,2009 by Peter C. Stelzer. .`\1% k \ e (Signature of Notary Public) Notary Public State of Florida Commissioned Colleen Davidson (Print/Type/Stamp �Or EyxP� DQ 58435 Name of Notary Public) Grp Personally known J REV 2/23/2006 4172111 OR: 4365 PG: 1402 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/30/2008 at 09:15AM DWIGHT B. BROCK, CLERK RBC FEE 44.00 Retn: COLLIER COUNTY CODE ENFORCENEN BENDISA NARKU/ OPER COORDINAT CODE ENFORCEMENT BOA'RD 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)(l)(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)(1)(g)(ii)within 180 days(November 18,2008). All exotics within the first 75 feet of the outer edge of e∎ery 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 OR: 4365 PG: 1403 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$329.35 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. n' DONE AND ORDERED this L� day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Gerd d Lefebvre, Trair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) JA- The foregoing instrument was acknowledged before me this LCI day of 2008,by Gerald Lefebvre,Chair of the C de Enforcement Board of Collier County, Florida,who is personally known to me or who has produced a Florida Driver's License as identification. MY COMM KRISISSTINEHION OL#DD TON 688595 NOTARY PUBLIC � •=�': EXPIRES:June 18,2011 tt My commission expires: „Pf Bonded Thnt Notary Pubic Underwriters I S CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Monterey Master Owners' Association, Inc., 1044 Castello Drive#206,Na les FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples, FL 34103 this ay of ,2008. did t 71 "4? (�f cn IMiy of COWER M. Jean awson,Esq. Florida Bar No. 750311 ' Attorney for the Code Enforcement Board ' I (ROW CERTrf THAT this s;a' 400 Fifth Avenue S.,Ste. 300 'Meet early of IA CC.cumenL on fj�$'.�R:� Naples, Florida 34102 0oard Minutes and -Recoras of Coale itout F (239)263-8206 N$TNE8$ my ham,ana offic(al Seal this day of "WI E. BROGK,CLERK OF COURTS °O(9—94(A.. BOARD OF COUNTY COMMISSIONERS OR; 4365 PG; 1404 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 E NOW, e nd-rsig d, L`_Y Z.- �F� l�// on behalf of himself or /him, '_'� "' as representative for Respondent and enters into this Stipulation and •g -ement ith 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. Ito■ 2) The respondent must remove all C- ;�• � -xotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 5 :ays f•f this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. ll 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 when required. Obtain any necessary Collier County or State permits for the removal of vegetatio 3) Respo d:nt must n• ly ode Enforcement that the violation has been abated and request the Invest',- or to co , t -nd perform a site inspection. AL. D . IVAt ' � A/W.6 fog /VM sp•ndent ichelle Arnold, Director " 071e ode Enforcement Department stl72-10e Date REV 2/23/06 2113012 OR: 2243 PG: 2379 bus INSTRUMENT PREPARED BY: MOMS la.rem NM el MIMIt fit, R TERRY V.BROUGHT:1N.PSG. 11121/N at 13:3al W!!!II. ranee, WU 1 1 1 1 S-0 2 'ooking Blvd 1!t PEI US PORT'AYERS,PL 37907 11*.7I . Iltt: PAM.LD.NO: Miff 1 IMMO lmaM ultIon O„W` c s No.) Pt IBM A 33111 I.Psce slue this line for fav,din daul QUIT CLAIM DEED This Quit Claim Deed,made this /'VA day of October 1996 , Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Grammes,and MONTEREY MASTER OWNERS'ASSOCIATION,INC.,a Florida corporation not for profit,Grantee'. Witnesseth that said Grantor,.for and in consideration of the sum of Ten Dollars and no/100(SMOG) 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 Exbbit W. To Have and to Hold the same t' y�'`�\�;�eaaoces thereunto belonging or in anywise appertaining,and all the estate,right, ' - a,equity n. waver of Grantor,either in law or equity, for the use,benefit and profit of the ,^ forever. "Grantor'ai"r' , - for singular or . al,`as context requires. is Wltneas Wher001,Grant - an i. ' th ,day and year first above written. Signed,seated and delivered in 0 I. Y v WITNESSES TO MA: C"` - MO ASSOCIATES, a Florida 'a: _ n : /, ership �-7 CD 1 1 tr., . Bundachu.President %� �° a' f�` '��` +4HE C �� MONTEREY DEVELOPMENT " ' 1,,i r . . . ,. - 44-` MANAGEMENT COMPANY, ..rte a Florida corporation, Entity w Printed Name: ,' `f l Partner of MONTEREY ASSOCIATES a OF FLORIDA.a general partnership b a) STATE OF FLORIDA ) F--' COUNTY OF LEE ) ` ' o THE FOREGOING INSLRUMEWr WAS ACKNOWLEDGED BEPI'ORE ME MS/� _.' DAY OF Ocro ' 1996,BY t_s-i CHRIS Butmsatu, PRESIDENT or MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A FLOC cosrosATLON,AS ENITi.OENERAL PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENERAL PARTNERSHIP, WHO IS PEIkSONAL LY KNOWN TO ME OR WHO HAS PRODUCED f`.'//1 AS IDPXIUPIeA11oN. 'NOTARY C Q'70_) Parrs NAME r, : / • ..:/• ',/A,,■Pi COMMISSION EXPIRES . / :H 1 (' I. 1 II RAW' 1 w r dY CO MOM/a J NOIrISaY/0:.9 r�� N.'9a WHOM r•' brtltnsa�feaartir "= #1i't 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 Nat 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 •• i .y, shown in Plat Book 19, Page 8 of the Public Records of Collier County, ' €5'.. 2-* Tract B,subject to the ..nd•in .e . . , . , ses s t o in the Plat Dedication and in the Monterey Sin:, it _ borh pants recorded in O.R. Book 1672, Page 742 'I t '4r..,,,, e- ty, orida,as amended from time to time and the o � fn rded in O.R.Book 1370, Page 856,of the Pub •�- ` '' . sty,Fllri a, re, ended from time to time. 6�.. The following tracts as depicted t Y•t: of Villages of Mont .- ‘at oodbridge,Unit Four,shown in Plat Book 17, Page 77 of the Public •--. oilier Cou,•. . M) Tracts A and B; subject to the on •" • ••" 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 cA-) time to time and the Monterey Master Protective Covenants recorded in O.R.Book 1370, cr., Page 856,of the Public Records of Collier County,Florida,as amended from time to time. t_ss b CI The following tracts as depicted the Plat of Monterey Unit Five,shown in Piet Book 17, Page 104 of the Public Records of Collier County Florida: o rn 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 x- O.R. Book 1370,Page 884 of the Public Records of Collier County Florida,as amended 'E 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. no.nmasr/exwra 11 -COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner Violation of Ordinance(s) 04-41 as amended Section 03.05.07(H)(1)(g)(ii) Jennifer Waldron, Code Enforcement Official Department Case No. 2007010301 DESCRIPTION OF VIOLATION: Prohibited exotics present throughout the designated Preserve Area. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ within 30 days of this hearing incurred in the prosecution of this case and abate all violations by: 1. The respondent must remove all Category I exotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 60 days of 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 when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NUMBER: 2007010301 Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner, Respondent(s) STIPULATION/AGREEMENT C E NOW, he nd�rsigned, L</9/1/12.00_ �- P Q on behalf of himself or / ' f L'/7 as representative for espondent and enters into this Stipulation and g ement ith Collier County as to the resolution of Notices of Violation in reference (case) number 20 7010301 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$329.35 incurred in the prosecution of this case within 30 days of this hearing. 1$O 2) The respondent must remove all C ••r xotics from all Preserve Areas following the standards set forth in 3.05.07 H 1 �� ( )( )(g)(ii) within •ays f this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. ll 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 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 Invest•• or to co $ t,-nd perform a site inspection. 1 !aI ' ' -... !�(/L-tom fo,z% /VJM -'sp.ndent % ichelle Arnold, Director g • ode Enforcement Department .5. 2-/P Date REV 2/23/06 jcil 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)(1)(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, 2(108, 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 Zday of Misli,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: (v.-. ■ /�/ _ Gera d Lefebvre, lair ' 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1. The foregoing instrument was acknowledged before me this z day of , 2008,by Gerald Lefebvre, Chair of the C de Enforcement Board of Collier County, Florida,who is _ personally known to me or who has produced a Florida Driver's License as identification. A.A.L.. 36....ei ON, KRISTINE MYCOM SSIvII ICNH pp68eg NOTARY PUBLIC 'a`-'4�`; EXPIRES:June 18,2011' 8,2011 95 I My commission expires: 7'4. Bonded Tnru 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 lay of M.04...41 , 2008. 4 Of COLLIER a M. Jean wson, Esq. ?, Florida Bar No. 750311 ''e Attorney for the Code Enforcement Board a Honey CERTI-'Y THAT a ire M 400 Fifth Avenue S.,Ste. 300 refroot copy or a *merit oft,ffilrik Naples, Florida 34102 oard Minutes and Reggio of feis(o (239)263-8206 E$8 my hand and official seal Ili day of } "W1, E. BROCA WM(0,601101 - ' °0 ,* 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 E NOW,Lite nd-rsi n d, c `yF, ,� 4- ei� /�j,�.` % �� .' �� on behalf of himself or as g--ement 'th Collier County as to the presol resolution Notices nofeViola and onninrsefe reference (case)Stipulation 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 C- 160 ,,• ' -xotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 6 Jays f•f this hearing or a daily penalty of$100.00 will be imposed as long as the violation persists. All exotics within the first 75 feet of the outer edge shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the preserve interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed, but the base of vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently when required. Obtain any necessary Collier County or State permits for the removal of vegetatio 3) Respo ••:nt must n• ify ode Enforcement that the violation has been abated and request the Invest'• . or to co , t;-nd perform a site inspection. i I�I,. 11�. �adi L Me— At-/f sp•ndent ichelfe Arnold, Director • �, ode Enforcement Department S/22-- De Date REV 2/23/06 • • 2113012 OR: 2243 PG: 2379 f NIS INSTRUMENT PREPARED BY: 0_01111 la MOO hellos It HLLIR ORM, R TERRY V.BROUGHTON.MO. NOUN M p:3M SLIM I. IMR, !YK xlo Cotsm Md. Me A MN PORT Mr01s,It 33fxn • NC•.7$ .» ler PARCEL l.D.NO.: ME I ltiA s� 1mllt�11PAD °i"" R ION R3191 (N..K a No.) Ispr-e Wove ibis lies for recording dual QUIT CLAIM DEED This Quit Claim Deed,made this I44A day of October 1996 Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Grantor',and MONTEREY MASTER OWNERS'ASSOCIATION,INC.,a Florida corporation not for profit,Grantee'. Wltaeseeth that said Grantor,for and in consideration of the sum of Ten Dollars and no/100(S10.00)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 is Collier County,Florida,to-wit See the attached Exhibit'A'. To Have and to Hold the same toget 1+ ': M a enaaces thereunto belonging or in anywise appertaining.sad all the estate,right, ry: .,, 41 r of Grantor,either in law or equity, for the rue,benefit and profit of the ' -iota ee forever. "Grantor'and for singular or . context requires. la Witness Whereof,Grantor . - t,-day sad year first above written. I Signed,sealed and delivered in pv • ASSOCIATES, a Florida wrrNESSES TO MA: r� �;�•- . . „ ,�c. fit. k l(/ t , V � �� r . (‘41..1 :: '' CIRCI MONTEREY DEVELOPMENT .' ,- /•1. MANAGEMENT COMPANY.• Printed Name: . ,/......... �,-r''.£ .1 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 SWORE ME runt' DAY OF Omen. 1996,eY CHRIS Btnmsatu, PREaoeNr or MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A Ft.oam CORPORATION,As EwiflI QF.NE AL PARTNER OF MONTEREY ASSOCIATES,A Roam GENERAL PARTNI:NSW', WHO TS PEIgSONAILY KNOWN ID ME OR WHO HAS PRODUCED i•Ji /1 AS IDENTIFICATION. , /j� ! q /// ,�j . / L/i .,� `t/ ' �s� h� 1�OTARY Pic („ ) PRINT NAME e, ' / . ..:/, ./, .,i1 COMMISSION EXPIRES • / :i i {' ,p ao,r/002 `U•' FRevtlr sranr/>L *1'lilL dill RAMP ) WW* 4. IOW ON 1110.1111111000,..J // • ' • *** OR: 2243 PG: 2380 lr>elr 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 P. ,',',, ,y* ,shown in Plat Book 19,Page 8 of the Public Records of Collier County. ' _ . Tract B,subject to the ■' . . 41 $ t o in the Plat Dedication and in the Monterey Sin_, F it b orh • nants recorded in O.R. Book 1672, Page 742 •f t r r . - ty, orida,as amended from time to time and the ► tip ' � n� •rded in O.R.Book 1370, Page 856,of the Pu. !�.'37'r •o ty,Flt, led from time to time. frO The following tracts as depicted t i. of Villages of Mont-, ' oodbridge.Unit Four,shown in Plat Book 17, Page 77 of the Public ' -••' oilier Cou • • • . 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 Counts, 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. uo'nmear�orww► COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Monterey Master Owners Association, Inc Respondent(s) CEB CASE NO. 2007010302 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation Copy of Applicable Ordinance 4-10-10 Deed s-� CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007010302 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MONTEREY MASTER OWNERS ASSOCIATION, INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotics- Unimproved/200' Improved/Subdivision54-185(c) LOCATION OF VIOLATION: Folio#80445004500 SERVED: MONTEREY MASTER OWNERS, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(238)774-8800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007010302 Monterey Master Owners Association,Inc.,Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): 04-41 as amended,Collier County Land Development Code Section(s) 3.05.07(H)(1)(g)(ii) 2. Description of Violation:Prohibited exotics present in designated Preserve Area. 3. Location/address where violation exists: Folio#80445004500(Monterey Preserve) Naples,FL 4. Name and address of owner/person in charge of violation location: Monterey Master Owners Association,Inc., Southwest Property Management R/A for owner 1044 Castello Drive#206 Naples,FL 34103 5. Date violation first observed: 12/18/2006 6. Date owner/person in charge given Notice of Violation: 3/5/2008 7. Date on/by which violation to be corrected: 3/20/2008 8. Date of re-inspection: 3/20/2008 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this -2 day of Ak # ( , 2008 r, / J Waldron /� -/�--v— Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER I - .rn to ; ed)and subscribed before this day of rr l ,2008 by Jen Waldron � Print/T /St � � �'-,'ANO (Si. .•1,e of otary Publi ) ( 3'p' a e of Florida Name of Notary P•; No DD 401145 Personally known or produced identification My Comm expires March 04,2009 Type of identification produced Bonded thru 1st State Insurance REV 3-3-05 2 Case Number: 2007010302 Date: March 5th, 2008 Investigator:Jennifer Waldron Phone: (239)252-2444 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: Monterey Master Owners'Association, Inc. 1044 Castello Drive#206 Naples, FL 34103 Registered Agent: Southwest Property Management 1044 Castello Drive#206 Naples, FL 34103 Location: Unincorporated Collier County Zoning Dist: Sec 02 Twp 49 Rng 25 Legal: Subdivision Villages of Monterey at Woodbridge, Unit 1 Block Lot Folio 80445004500 OR Book 2243 Page 2379 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB) Ordinance No. 07-44,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described location. Ordinance/Code: 04-41 as amended Section 3.05.07(H)(1)(g)(ii) Violation Status- X Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Prohibited exotics located throughout preserve areas. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Category I exotics from all preserves as stated in 3.05.07(H)(1)(g)(ii). 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 prophibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). ON OR BEFORE: 03/20/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE • DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 Inv l.tigat•r Signature (239)252-2444-Fax:(239)304-3917 7 Sigria, re and / le of Recipient tit`11 UPS 7 Printed Namelof Recipient Dated: .3 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41, as amended 3.05.07 Preservation Standards All development not specificallexempted eby this ordinance shy incorporate, at a minimum,the preservation standards H. Preserve standards. 1. Design standards. a. Identification.Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: i. The Preserve shall be labeled as "Preserve" on all site plans. ii. If the development is a PUD,the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shalbe sset- aside on the PUD Master Plan with the remaining identified at the time of the next development order submittal. iii. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions. The minimum width of the preserve shall be: i. twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. c. Protection of wetland e shall not adverselychange the the ground water table hydroperiod of preserved wetlands on or offsite. Detention wetlands and rol be elevations shall be set to protect surrounding consistent with surrounding land and project control elevations and 4 - water tables:in ord-er-to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWNID's Basis of Review, January 2001. d. Protective covenants. Preserve areas shall be identified as separate tracts or easements,with access to them from a platted right-of- way.No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements ,may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County,without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. e. Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site n preserve area and the proposed activity. i, Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) Where native preservation requirements cannot be accommodated, the landscape plan shall re-create a native plant community in all three strata(ground covers, shrubs and trees),utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. These areas shall be identified as created preserves. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may I luifill all or part of the native vegetation requirement when �-� preserves are planted with all three strata;using the criteria set forth in Created Preserves. This exception may be granted,regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less,preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted,regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State,preserves may be impacted and created elsewhere on site. Required Planting Criteria: (a) Where created preserves are approved,the landscape plan shall re-create a native plant community in all three strata(ground cover, shrubs and trees),utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven(7) gallon shrubs; fourteen(14) foot high trees with a seven foot crown spread and a dbh(diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy(greater than 30 ft. mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plant material are better suited for re- establishment of the native plant community. (b) Approved created preserves may be used to recreate: . _-_ (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.l.b. (d) All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. f. Allowable supplemental plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers,three gallon shrubs and six foot high trees: Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. g. Preserve management plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: i. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. . . ii. Exotic vegetation Removal,Non-native vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I-Exotics be removed from all preserves. All exotics_within n 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 the native vegetation in the preserve. When prohibited exotic vegetation is removed,but the base of the vegetation remains,the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity.Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time,the homeowners association shall amend the plan to provide the homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. At a minimum, the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 10.02.02 A.3. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified,management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. _... v. Protection During Construction and Sig nage After _ n _ Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. h. Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways ,benches and educational signs . Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.l.c. Fences and walls are not permitted within the preserve area. 2. Tnspections and maintenance. a. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: i. Prior to preliminary acceptance of the phase of the required subdivision improvements; ii. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. iii. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity.Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance. Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. J a. All principal.structures-shall-have a minimum 25- - -- foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June 19, 2003. (Ord.No. 05-27, § 3.M) /0. • 2113012 OR: 2243 PG: 2379 'i%US eamtumeam PREPARED BY: MOM is imam was it Cum 0111li, IL - TERRY V.BROUGHTON,MO. 11/IWI at Il:i111.ire 1. I.a, w. illem 11.51 FORT MrM FL 33907 ate: PARCEL ID.NO: MI I SUM 1111 u f iaL sue Gra.r.e a allallillialll—(N..e a No.) It MI II 1917 'space,bole Hui tine Ice recording dntai QUIT CLAIM DEED This Quit Claim Deed, made this 1'1 day of October 1996 Between MONTEREY ASSOCIATES,a Florida general partnership of the County of Lee ,State of Florida ,Grantor',and MONTEREY MASTER OWNERS'ASSOCIATION,INC.,a Florida corporation not for profit,Grates'. Witte:meth that said Grantor,for and in consideration of the sum of Teo Dollars and no/100(S10.00)Dollars,and other good and valuable considerations to said Grantor in band paid by said Grantee,the receipt whereof is hereby admowledged,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 sad to Hold the same toget urteoances thereunto belonging or in anywise appertaining,and all the estate,right, ...' n,equity 4 rg1+ r of Grantor,either in law or equity, for the use benefit and profit of the rcc forever. "Grantor'and for singular or . a1,`as contest requires. lit WHAM Whereof,Grantor/has i . . , lis day and year rust above written. �� Sighed,sealed and dciivcrcd in • . ielP ) WITNESSES TO MA: r - MO ',- ASSOCIATES, a Florida / i /�` �� _ n �;; etship Printed me: ,a-.f It / i I - r" ?'.r,,....._ • ris Bundschu,President CW- MONTEREY DEVELOPMENT r;'t - ,- 14 MANAGEMENT COMPANY, Printed Name: ,/.-,.. ,,'/.4. .,,,k a Florida corporation, as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) ` �y THE FOREGOING INSTRUMEWr WAS ACKNOWLEDGED BEFORE Me 11107/ "/ DAY OF Ocronea, 1996,BY Caps BuNOsatu, PRESIDPwr OF MONTEREY DEVELOPMENT MANAGEMENT COMPANY. A FLORIDA CORPORATION,AS En=GENERAL PARTNER of MONTEREY ASSOCIATES,A FLORIDA GENERAL PAITINERSEUP, WHO IS PF.P ONALLY KNOWN ID ME OR WHO IIAS PRODUCED i1/4-1/ /1 AS InorruiRCA11O \\ [VOTARY P C (L) PRINT NAME l r ` /, / ::///.....:/. '1 COMMISSION EXPIRES . 1 :p 1 .(' p ItIMAN erotereaer/om ;,i rL eV Ca lrON•a fs , 1 WHO* 1oreN leMtL +.� gwnlAwNrW11rt1arn+R': J P .rr --- , • • *** OR: 2243 PG: 2380 *t* EXHIBIT mat' 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 Nat 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 •e tvif •y1 u. • e,shown in Plat Book 19, Page 8 of the Public Records of Collier County. ' Tract B,subject to the u•nd'14i •e ' • + Ou. ses t o in the Plat Dedication and in the Monterey Sin_. F H. •e Nei_ borh • nants recorded in O.R. Book 1672,Page 742 .f t ` � 'e :`; • ' ty, •prick,s amended if from in O.R.time to time and the o - !n Page 856,of the Pu• ' • ;ty,Fly ri a, a ended from time to time. The following tracts as depicted t ` .Eyof Villages of Mont*cat ' oodbridge,Unit Four,shown in Plat Book 17,Page 77 of the Public •....drn1 oilier Coup 'tia: 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 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. uourtrerpixtuw► COLLIER COUNTY,FLORIDA k•.„,76 CODE ENFORCEMENT BOARD CEB CASE NO.2007010302 DEPT CASE NO.2007010302 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MONTEREY MASTER OWNERS ASSOCIATION INC.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 22, 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 1407,et. seq. 2. That a re-inspection was performed on 11/18/08. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has been taken. FURTHER AFFIANT SAYETH NOT. Dated,January 29,2009. COLLIER COUNTY,FLORIDA CODE ' ORCEMENT BOARD if„Aire Pe'r Stelz 4 Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw∎ i to(or all, d)and subscribed before me this 29th day of January,2009 by Peter C. Stelzer. .411�1►� ---14 signature of Notary Public) es, Notary Public State of Florida fl Colleen Davidson My Commission 00558435 Tor n.° Expires 05/30/2010 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 REV 2/23/2006 4172112 011: 4365 PG: 1407 . RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/30/2008 at 09:15A11 DWIGHT I, BROCK, CLERK REC FEB 44,00 Retn: COLLIER COUNTY CODE INFORCENER BENDISA HAIKU/ OM COORDINAT CODE ENFORCEMENT BOAR4NTIROFFICE 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 •RDER OF THE BOARD THIS CAUSE came on for public hearing • r , ;R,C 4►ti .418,and the Board,having heard testimony under oath,received evidence • 'j :. • respective to a 04, • •to matters,thereupon issues its Findings of Fact,Conclusions of Law •n. 4 der of the Board,as folio , : 1. That Monterey Master Ow ers sso -• Inc ' the ow er of th- subj ct property. 2. That the Code Enforcem= t B I:r• • ' ri i ti• 211iir o Tt e R=.pondent and that the Respondent,having been duly not fled p' . ' at h p •1 i -•rin l'\'y .an, a Hagedorn,and entered into a Stipulation. I — _ r 3. That the Respondent was n• , of the date of hearin_. - e fi•2 ' and by posting. 4. That the real property located • • -rey Preserve,Naples '� • o 80445004500,more particularly described as(see attached legal)is in vio • 2111.2t2 • 'er Coun. : ' n 04-41,the Land Development Code,as amended,section 3.05.07(H)(I)(g)(ii)in the .` of lrrt 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(I-I)(I)(g)(ii)within 180 days(November 18,2008). 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 OR: 4365 PG: 1408 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"Clay of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD trL TY, *RI" erald Lefebv .tf'' h. r 2800 N•rth Hor -sho- Drive aple , 'orida 3' 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) i" F" The foregoing instrument s acknowledged before m-.i is A d i 2008,by Gerald Lefebvre,Chair of 4:41.e Enforcement Boar... o ie pi•'ty, Florida, ho is personally known to me or `r , o has produced a Flo i•.•. b • e icense as identification. _ o I _—— l ! -�� .: .►Z Lit - NO ,.. G ne ts,2ott My commission expires:_owe 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. a sis a FLORIDA • ,lam UMW et M.ZswEsq. I i IS to Florida Bar No.750311 I� Ot 0A S �R Attorney for the Code Enforcement Board ' 400 Fifth Avenue S.,Ste. 300 Board Millais and' `-' ' to bier Naples, Florida 34102 *maw! ° i seal Ws (239)263-8206. ..ice '1- . .• •, - OF COURTS BOARD OF COUNTY COMMISSIONERS OR: 4365 PG: 1409 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 CIE NOW, a undersigned, c 1��. �� on behalf of himself or 'fie►= f�j4 as representative for Respondent and enters into this Stipulation and Ag ment Col ier County as to the resolution of Notices of Violation in reference (case) 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 referen.-• Oa• '• are accurate and I stipulate to their existence. ti .1.` 2) The violations are that of Co i'ounty Land Develo• en Code as amended section(s) 03.05.07(H)(1)(g)(ii) are de ri•-• : ohibited -xoti - pr:sent throughout designated preserve area. THEREFORE, it is agreed betw-en = p- _ • . n I sh-II; I, f" 1) Pay operational costs in the , •t. • $ -.- i •-i,-d in f e , -cution of this case within 30 days of this hearing. 4- to 2) The respondent must remove a + - ,.i•;� i : tics from - - --rve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii)within ;■ `': : his he- -• •y8a ,aily penalty of$100.00 will be imposed as long as the violation persists. All - • - - 5 feet of the outer edge of every preserve shall be physically removed, or the tree cu •• - • • ade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to native vegetation in preserve. When prohibited exotic vegetation is removed, but the base of vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. All preserves are to be free of prohibited exotic vegetation in perpetuity. A preserve maintenance plan must be submitted in accordance with 3.05.07(H)(1)(g)(i-v). Control of exotics will be conducted on a yearly basis or more frequently --•en required. Obtain any necessary Collier County or State permits for the removal of vegetati• . 3) Resp• d- t must not 'de Enforcement that the violation has been abated and request the Inves • or to come./ a/d perfo • a site inspection. A t_/tatI: ' , 41441--• fogM ' 4- espon• -nt • helle Arnold, Director �G D ode Enforcement Department Q72-/Per Date REV 2/23/06 2113012 01: 2243 PG: 2371 imp ocrou•sorr MEWLED EY: OCR Is reTaTi WINM st esia 011M, It • Tl1RRY V.BROUGHTON.ESC. 1W$JIt d odd war I. vac.MR II II NM .. i,osm 6blsal.l WA Me-.fl .11 PORT MYERS.EL Z tr INV 0 rA1tt>E.1a uto: ME 1 WIWI Germ 1111 E 011111111 i1 l ,,o, lRmNsENT ppm above nr ws t«fireatio.er.l QUIT CLAIM DEED This Qsk tors Deed,made this 141A day of October 1996 . atoms MONTEREY ASSOCIATES,a Florida general partnership of the County of toe ,Rata of Florida ,Grantee,,and MONTEREY MASTER OWNERS'ASSOCIATION,INC,a Florida corporation mot foe profit,GsaMtss'. Minima that said Granter,for and is aonsideratioa of the sum of Tea Dollars and no/100(S1 �whereof is other pod and valuable cansiderafiouc to said Grantor is hand paid by said Grasloe,the receipt aloosiedged,has pasted,brpined sad gsitdaiNed to the said Grantee.and Ocean's hots sod amps forcer. the LLEomiog demand land,situated,lying ad being is Colter Canty,Florida,to-wit: See the attached Flit W. • M To Haw rand to Bold the ace • �dy!`- &. .. t, of thereunto either as law or equity, appastaisisS.W all the estate, � for the use,ben&and profit :17/4:c b Witness Meted, L_.....� and year first above written. • �iped,sealed sd . - - kstrAn7�1, Ni g- , . r 4 •« TES, a Florida WITNESSES TO MA: �,. � _;J11�.;,, _� L....___.. i I ,e A Vr,1 ,5` C EREY DEVELOPMENT . . I� GEMENT COMPANY. w • • 'Ara_ C corporation,as Entity Gemmel rn - L I' Partner of MONTEREY ASSOCIATES cr OF FLORIDA.a Jlosecal pr iP Gams STATE OF FLORIDA ) ~"' COUNTY OF LEE ) .ate THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED wowon are THlV/�' DAY of Omen, 1996,sY o s. T Cants Buroaaiu, PRESIDENT or MONTEREY DEVELOPMENT MANAGEMENT COMPANY, A �. FLOWN CORPORATION,AS E►�r1Trt G IERAL PARTNER a MONTEREY ASSOCIATES,A Roam GENERAL rmationsor,WHO is�ONAO.Y KNOWN TO Me OR WHO HAS PRODUCED ■ •!/ /1 AS IDEIGNICAT1Dat • .tj4 (4; •� 4/4(1."4 OTARY P is ) PsaNrNAME "r'e /, ....1• /0'••/1 Coutassoo moos . I :H i {' • MAN ..•••aa••■•• li: m tataa1lea/aC eV I wu•• rut Orlin 7L'+s roar nwa�raaattalit 4 • " • t#! OR: 2243 PG: 2310 !tt ■ EXHIBIT "A" SThe following tracts as depicted the Plat of Villages of Monterey at Woodbridge.Unit One.shown in Plat Book IS,Page 10 of the Public Records of Collier County,Florida: Tracts A, B. C. D. E F. D. H. J. and all rats depicted on the Plat; subject to the conditions and is the purposes set out in the Plitt Dedication and in the Monterey the Public Family Neighborhood Covenants recorded in O.R. Book 1370 Page 884 of Records of Collier County, Florida. as amended from time to time, and the Monterey Mader 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 tr acts 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 depicteed on the Plat subject to the contrition:and for the purposes set out in the Plat Dedication and in the Villa Neighborhood Covenants kit 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 656.of the Public Records of Collier County Florida.as amended from time to time. • 4 The following tracts as r 11 " ,L, • in Plat Book 19.Page g of the Public Records of Collier C• ;ee Tract B,subject t ''"j n• �,• in . Plat Dedication and in the M• _ ,,,�� •�,!�+ •, 1y�nts taeortied in O.R Hook 1672.Pa .'� .^ ,c',' `, 8 as amende °froru in O.R.Book 1370. • Atte�of a' ,II 1 ; .. 1'� h from time to time.• Olt tItir....410.... I The Mowing tracts as • f' .'A of Villages of ;, �! • 'die.Unit Four,shown in Plat O•Book 17,Page 77 of the �• -. �,�j,o.Wex A-4„S r �Q M ,t_. .• _ set out in the Plat w Tracts A and B; • t��..�.��`�. in O.R Dedication and in the M .4 y y Covenants recorded Crb r.t .. :. 5„,'.-. rt1”' • ty.Florida.as amended from v' Book 1370.Page 884 of the - time to time and the Monterey '- . . -- ' Covenants recorded in O.R.Book 1370, b Page 856.of the Public Records of Collier County.Florida,as amended from time to time. G7 .as 1.—.1.The following tracts as depicted the Plat of Monterey Unit Five,shown in Plat Book 17,Page 104 of the s--� Public Reeo*of Collier County,Florida: m- sF Tracts A.B.C.D B.and F;subject to the conditions and for the purposes set out in the •t• 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 r 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 Halving tracts as depicted the Plat of Monterey Unit Sit.shown in Plat Book 23, Page 21 of the Public Records of Collier County.Florida: III Tracts A and B; subject to the conditions and for the purposes set out in the Plat Dedication and is the Monterey Master Protective Covenants recorded in O.R. Book 1370.Page 656,of the Public Records of Collier County Florida.as amended from time to time. nore.svo•••••ft /2 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 Cl E NOW, he under i ned, aIE 4 J "'/e on behalf of himself or U ►,It L/ k /ft as representative for Respondent and enters into this Stipulation and Ag -ement th Collier County as to the resolution of Notices of Violation in reference (case) 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. (0a 2) The respondent must remove all C iv tics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within .ays 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 , m en required. Obtain any necessary Collier County or State permits for the removal of vegetati. . 3) Resp.' d- t must not y ode Enforcement that the violation has been abated and request the Inves ig. or to come) apd perfor a site inspection. AIL L lifik.t / ° 'espon•-nt I chelle Arnold, Director ) *9-01P ode Enforcement Department 5(4oe Date REV 2/23/06 COLLIER COUNT-Y---CODE ENFORCEMENT BOARD .. Board of County Commissioners, Collier County, Florida vs. Monterey Master Owners Association, Inc., Owner, Southwest Property Management R/A for Owner Violation of Ordinance(s) 04-41 as amended Section 03.05.07(H)(1)(g)(ii) Jennifer Waldron, Code Enforcement Official Department Case No. 2007010302 DESCRIPTION OF VIOLATION: Prohibited exotics present throughout the designated Preserve Area. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ within 30 days of this hearing incurred in the prosecution of this case and abate all violations by: 1. The respondent must remove all Category I exotics from all Preserve Areas following the standards set forth in 3.05.07(H)(1)(g)(ii) within 60 days of 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 when required. Obtain any necessary Collier County or State permits for the removal of vegetation. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 CALF S/30 ea 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 dezeribed as(see attached legal) is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.07(11)(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)(1)(g)(ii)be corrected in the following manner: I. 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 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 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 2C" day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RID' B / /' ill' /.t erald Lefebvre hair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this2l day of , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida, ho is personally known to me or ‘f-who has produced a Florida Driver's License as identification. TINERp1TON ALA �.�/ - [�. �, KRIS '" `` MY COMMISSIONit DD6865 NOTARY PUBLIC 9 ;.; 4�, •*: My commission expires: EXPIRES:June;8,201 y narrors -1., rw Bonded ThN Notary PubNC� . 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,Naple ,FL 34103 and to Southwest Property Management, 1044 Castello Drive#206,Naples, FL 34103 this ay of ,2008. Sims ov FLORIDA ..P? 41,4 O.-A-7 cCgA-4/>C4c-/ a COWER M.Jean : son, Esq. Florida Bar No. 750311 ) HEREBY C ^., .ba"wa d Attorney for the Code Enforcement Board :'affect copy,Ot a d . t Qf,f le In 400 Fifth Avenue S., Ste. 300 Board Mthti tes afldRocprdkof Cotner Comet Naples, Florida 34102 'WNW My hand a i .I Seal Oil (239)263-8206. `may Ot '*, S.►. : j t • r r i o BROOK. a .OF COURTS till. ' .•■• t 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 C E NOW,, he underlined, c jib .A1/19 �?�� ,� , on behalf of himself or as Ag ement th Col ier County as to the representative Notices of Violation in enters reference (ase)Stipulation 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 100�i : tics from all Preserve Areas following the standards set in 3.05.07 H 1 ii within O •ay s if g et ( )( )(9)( ) 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) Resp• d- t must not y ,de Enforcement that the violation has been abated and request the Inves ig. or to come,/ apd perfo • a site inspection. �►? AWAk i / , W�� M� espon•-nt 1 M helle Arnold, Director ��* ode Enforcement Department q7.2-00 Date REV 2/23/06 • • 2113012 Olt: 2243 PG: 2379 , 'has ENStsumma PREPARED BY: MOM t WIWTiI MOMS.t eh=ME, It — TERRY v.1taovairm .two. 1HHIK a P2:3111 WWI I. MU, GM II le PR 1131 -- rats-DS Mimi!H,�. 111-.11 .n POST MYERS.FL 13907 Mt PARLp1.I.D.NO.: UM V WUWN a INS III cutler WI (N...a No.) ?t tfflU 1K EMI lips=,hove this lnn los r seals data! QUIT CLAIM DEED Tie Quit Claim Deed,made this 14 day of October 19616 , Between 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'. Witnessed'that said Grantor,for and in consideration of the sum of Ten Dollars and so/100(110.00)Dollars,and other good and valuable considerations to said Grantor is hand paid by said Grantee,the receipt whereof is hereby ackwwledged,has granted,bargained and quitclaimed to the said Grantee,and Grantee's heirs and assigns forever, the following detailed land,situated,lying and being in Collier County,Florida,to-wit: See the attached Exhibit W. To Have and to Hold the same toget, i{ j t, urtenanees thereunto belonging or in anywise•appertaining,and all the estate,right, ' rr" equity S 41' of Grantor,either in law or equity, for the use,benefit and profit of the - forever. "Grantor and for singular or • al, s contest requires. la Minn Whereof,Grantor � � o WITNESSES TO MA: C� MO ; ASSOCIATES, a Florida / ){..u /(•� I; Printed Name: ,E e/c / i , - (' '.,, -s%.ris B , . u.President I C1R C MONTEREY DEVELOPMENT 1. _ ,' 1.., MANAGEMENT COMPANY, Printed Name: ,/•.,... .:.el A .Pk a Florida corporation, as Entity General Partner of MONTEREY ASSOCIATES OF FLORIDA,a general partnership STATE OF FLORIDA ) COUNTY OF LEE ) THE FOREGOING uarauM wr wAS ACKNOWLEDGED BEFORE see rail I' DAY OF Octouem, 1996,BY CHRIS BUND®c.7IU, Persatexr or MONTEREY DEVELOPMENT MANAGEMENT COMPANY. A FIDRIDA coarORATION,As ENrnT GENERAL PARTNER OF MONTEREY ASSOCIATES,A FLORIDA GENEIw. PARTNERSHIP, WHO IS PF.*ONALLY KNOWN 7D ME OR WHO HAS PRODUCED /`•'f /1 AS OTARY P'j is (p .L) PRINT NAME: / r ' / , I..:/• /0'••/1 COMMISSION EXPIRES . / :H 1 1. PAM FAWN 1 ..anoiavnes :i_i. Mrmtatrpl/C : e ,.,,.,,. Rave orw.to w� . • • 11•tt OR: 2243 PG: 2380 It*1i EXHIBIT W 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 Nat 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 ' t •s •y U. • '^ e,shown in Plat Book 19, Page 8 of the Public Records of Collier County. • •11 . !' Tract B,subject to the `•nd't.,1. • t o in the Plat Dedication and in the Monterey Sin: F it i• e Nei_ bxxh • nants recorded in O.R. Book 1672. Page 742 •f t - ty, , 'da,as amended from time to time and the : •tded in O.R.Book 1370, Page 856,of the Pu Ceded from time to time. The following tracts as depicted {' •t of Villages of Mont Gt ' oodbridge,Unit Four,shown in Plat Book 17,Page 77 of the Public • -•011M oilier Cou' . tg- Tracts A and B; subject to the • •" . •t 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. wousmisr/onurc► /L �-� TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark Brecher CEB No. 2007-05 DEPT No. 2006090558 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090558 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Mark Brecher, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION AND PERSERVATION STANDARDSenv-VEG-3.9.5. LOCATION OF VIOLATION: Folio#41832720009 SERVED: Mark Brecher, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone r-� (239)252-2343 Facsimile IF YOU ARE A PERSON NTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-05 DEP. CASE NO. 2006090558 Board of County Commissioners vs. Mark Brecher Respondent(s) Violation(s): Violation of Ordinance(s)2003-37 as amended, Section(s), 5 and 6 and 04-41 the Land Development Code, as amended section 03.05.01(B). Location: Folio #41832720009 Description: Vegetation and limerock placed within a 30' easement known as the "Harvey Canal and Travelway'without obtaining the proper permits. Also Vegetation was removed over a majority of the property without obtaining the proper permits. Past Order(s): On February 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4336 PG 3659, for more information. Y The Respondent has not complied with the CEB Orders as of February 23, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 68,400.00. See below. Order Item #2 and Order Item# 7 Fines at a rate of$200 per day for the period between April 25, 2007- February 29, 2008 (320 days) for the total of$ 64,000.00. Order Item #3 and Order Item #8 Fines at a rate of$200 per day for the period between March 30, 2008- April 18, 2008 (19 days) for the total of$ 3,800.00. Fines continue to accrue. Order Item #4 and Order Item#9 Fines at a rate of$200 per day for the period between April 15, 2008-April 18, 2008 (3 days) for the total of$ 600.00. Fines continue to accrue. Order Item # 12 A Operational Costs of $428.56 have been paid. 2. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-05 DEPT CASE NO.2006090558 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 23, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4336 PG 3659-63, et. seq. 2. That a re-inspection was performed on 4/16/2008. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken as stated in Sections Three,Four and Five of the Order of the Board. Section One stated that per the request of the Collier County Road and Bridge Department,(a)by removing all ficus plants placed in the easement and fill in any holes resulting from plant removal within 15 days(March 10th,2007). A re- inspection was performed on 3/12/2007 and to verify that Section One was in compliance; (b)Limerock is requested to be removed,but not required. If limerock is not removed,the area must be maintained in perpetuity(i.e)If limerock is washed out from a rain event, it must be replaced). Section Two stated that the Respondent must obtain a wetland determination from the State of Florida Department of Environmental Protection within 60 days(April 24th,2007). A re-inspection was performed on 2/29/2008 and wetland determination was submitted by DEP. Section Three states that upon receipt of the wetland determination from DEP,a vegetation removal permit must be obtained within 30 days from Collier County Environmental Services. A re-inspection performed on 4/16/2008 verified that a vegetation removal permit has not been obtained. Section Four stated that upon receipt of the Vegetation Removal Permit,a fence permit must be obtained with 15 days. A re-inspection on 4/16/2008 revealed that fence permit previously obtained on 11/14/2006 has expired. A re-inspection Section Five states that once a fence permit is obtained,the Respondent must obtain an After-the-Fact Vegetation Removal Permit for Collier County Code Enforcement within 5 days of fence permit issuance. A re-inspection performed on 4/16/2008 reveals that permit has not been obtained. FURTHER AFFIANT SAYETH NOT. Dated 4/16/2008. COLLIER COUNTY,FLORIDA C IA•E ENFORCEMENT BOARD J;i. Waldron Code Enforcement Official STATE OF FLORIDA COUNTY OF affirmed)and subscribed before me this 41/�°' F by — /1.),t.I d / .., I (Signae of Notary Public) n (Print/Type/Stamp Commi sio, ARLENE G. SERRANO Name of Notary Public) o arY Public,State of Florida Comm No DD 401145 Personally known My Comm expires March 04,2009 Bonded thru 1st State Insurance REV 3-14-05 LW,CX2-(-e6-01 if 6 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 tone 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 7,,F144—day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: V[— 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 2.75 day of aik.0, 1 ,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 �on� I�tISi1NEHOLTOy NOTARY PUBLIC • MY COMMISSION#DD 6865' My commission expires: EXPIRES:June 18,2011 "'Op,• '„ Bonded mm Notary Public Under,.;(es 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 Zcfay of ,2008. M.Jea awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 S a FLORIDA (.239)263-8206 Sale *Brag of COLLIER 1 HEREBY CERTM THAT this Is a uw' 1t otrect.copy of a document on,ftie hi. Board Minutes and Reeoras of Coins,tloua ; WITNESS my nu and off iciai seal this —4ikday ot Ztes ! BROGK CLERK OF COURTS a 'o, it n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mark Brecher CEB No. 2007-06 DEPT No. 2006090292 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090292 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Mark Brecher, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION:6780 Vanderbilt Beach RD Naples, FL n SERVED: Mark Brecher, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY MO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ■ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-06 DEP. CASE NO. 2006090292 Board of County Commissioners vs. Mark Brecher Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, Section(s), 3.05.01(B) and 3.05.07. Location: 6780 Vanderbilt Beach Road,Naples, FL34119 Description: Portion of preserve on Palm Royale property to be cleared of native vegetation. Past Order(s): On February 23, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4193 PG 2064, for more information. The Respondent has not complied with the CEB Orders as of February 23,2007 RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of$ 77,800.00. See below. Order Item# 1 and Order Item #3 Fines at a rate of$200 per day for the period between March 26, 2007-April 18, 2008 (389 days) for the total of$ 77,800.00. Fines continue to accrue. Order Item#6 Operational Costs of $442.22 have been paid. 0 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-06 vs. MARK BRECHER, 0 Respondent a, PO FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2007,and the Board,having heard ct• N testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its oFindings of Fact,Conclusions of Law,and Order of the Board,as follows: v sa C'3 FINDINGS OF FACT 0 1. That Mark Brecher is the owner of the subject property. r-. 0 CO nag M 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the ctht Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation. O3. That the Respondent was notified of the date of hearing by certified mail and by posting. v o e; 4. That the real property located on 6780 Vanderbilt Beach Road,Naples,Florida 34119,Folio Number or) 282280004,more particularly described as: (see attached legal)as recorded in the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, section 03.05.01(B)and 03.05.07 in the following particulars: ifq 1 ° 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, and to the 0 WI authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby crJ CI A ORDERED: SC CP V O °O ass CO E+ CO ° That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section ►-1 :c o a "' 03.05.01(B)and 03.05.07 be corrected in the following manner: v = 1. By preparing a mitigation plan within 30 days(March 25,2007)which meets the criteria of Collier YP P g g P Y ( , od o ° 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 9 to maintain the 80%minimum 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 within 30 days(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 above 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 and request the Investigator to come out and perform the site inspection. 6. That the Respondent has paid all operational costs incurred in the prosecution of this case in the amount of$442.22. Larl Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of othe execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate ,N review of the record created within. Filing an Appeal shall not stay the Board's Order. r...- DONE AND ORDERED this Z day of ,2007 at Collier County, Florida. C.", CODE ENFORCEMENT BOARD a--4 COLLIER COUNTY,FLORIDA • t+ • BY: .." Co / p Sheri Barnett, Chair 2800 North Horseshoe Drive t•- Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 'e foregoing instrument was acknowledged before me thisc 2 day of �p • 2007, Sheri Barnett,Chair of the Code Enforce.• t Board of Collier County,Florida,who is personally known to me or who h. pro uced a Florida Driver's License as identification. �' , Donna L.Nviodugu) ,../u,�� <%`•`•••AV:Commission 0 1 _200 i _=o. ^_Expires: Atli, 'R Z00` NO ARY PUBLIC - ='•• �- - Bonded Thru My commission expires: :t. .•QP: Inc ,'�ad�,°,•- Atlantic BondingCc.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S Mail to U.S. Mail to Mark Brecher,6400 Standing Oaks Lane,Naples,FL 34119 this ,- day of Feb. ,2007. Mate of FL DA , , , ' ounty of COLLIER- C- - . - ., M.Jean Rapdson,Esq. 1 HEREBY.CE h�I(;THAT this '•s a true gad Florida Bar No. 750311 COtieCf CJ¢y'0i- t�i)Wy i'•."'=Ti ^€' fib !h Attorney for the Code Enforcement Board BCarc`M=nt} "Er;f1 `i'.:, ..-`' ;+ Collier County 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 my and a'1 ;ca= this (239)263-8206` day of. ,. •)WIGHT E. BRQCK, CLERK OF COURTS er ( u i1.__ D.C. -..,,., L;01".-J-OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-06 DEPT NO. 2006090292 Mark Brecher Respondent(s), STIPULATION/AGREEMENT / COMES NOW, the undersigned, Z4/'X Ere C'I'ev- , 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 2006090292 dated the 15th day of February, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 23, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 0 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their N existence. A'' 2) The violations are that of section(s) 04-41 as amended 03.05.01(B) and 03.05.07 and are M described as portions of the preserve on Palm Royale property to have been cleared of native vegetation without obtaining the proper permits. c=1. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$442.22 incurred in the prosecution of this case. 2) Abate all violations by: i) Respondent must prepare a mitigation plan within 30 days from this agreement which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by respondent. Reports will be due at one year intervals. All vegetation must be planted in accordance with the PUD for this property. ii) Upon approval of mitigation plan, plants must be installed in accordance with plan within 15 days. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. REV 2/23/06 4) If mitigation plan is not submitted within 30 days of this agreement, fines of$200.00 per day will be imposed for each day that the violation remains. If plants are not installed according to mitigation plan, $200.00 per day will be imposed for each day that the violation remains. -)Z6eg 2- /--e7- •ondent Michelle Arnold, Director Code Enforcement Department 0 cv c.� a C CrIA e--. cr+ • n REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-06 DEPT CASE NO. 2006090292 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Mark Brecher,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 23, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4193 PG 2064-65,et.seq. 2. That a re-inspection was performed on 4/16/2008. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken as stated in Sections One and Two of the Order of the Board. Section One states the a mitigation plan must be prepared by March 25th,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 the 80%minimum 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. Section Two states that all plants must be installed in accordance with the plan within 15 days of the approval of the mitigation plan. • FURTHER AFFIANT SAYETH NOT. Dated 4/16/2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD J Waldron Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S . : to(or affirmed)and subscribed before me this ¢//fAIf by -i r' C'"a r/1 Eke- 4___„„) (Sign. - .f Notary Public) MARLENE G.SERRANO (Print/Type/Stamp Commi siorN ary Public,State of Florida Name of Notary Public) Comm No DD 401145 Personally known - Bo d d thru1ist State Insurance REV 3-14-05 7 (� S l 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 2v�day of 1 •` ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA „Zi 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 identi ication. KRISTINEHOLTON NOTARY PUBLIC ,.. MY COMMISSION#DD 686SS5 My commission expires: _• EXPIRES:June 18,2011 Bonded Thai Notary Fu bNo Under+riters 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 21144-"Clay 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 ANN or F(LORIOA of COWER 1 HEREBY CERTIFY nig thetas flue NO Irrect copy of a dootitnent.Okfile"te Board Minutes and'Redord 'd( ,Z .Ness my h raar offs ! sepl tifis day of WIG E. BROCK,-CLERK OF COlifi s 0(03 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 ° inim'�um a nually. 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 nkixi ,2008,nuns pro tune. CODE ENFORCEMENT BOARD , COLLIER COUNTY,FLORIDA BY:=t erald LeFebv'-,Chair 2800 North Horseshoe D ve Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ik 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. l nitL■ -IL HOI Tt1N NOTARY PUBLION M pD 6851 My commission expires: une 18 2;111 Putleuc•;k51 ,A„s 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 26' day of , 2008. /24 € %�� ^'Asti ei FLORU A :aunty at COWER ., M.Jea awson, Esq. �;,��I� . Florida Bar No. 750311 I HEREBY C t1'�:'' THATthis Its this am. Attorney for the Code Enforcement Board 'correct Copy of a,:,e, ”etitpgyflle la 400 Fifth Avenue S.,Ste. 300 Board Minutes and fit WO Collier Co Naples,Florida 34102 • ITN my, a #if al seal this (239)263-8206 y I E.Bi Ott , ;c.ERK OF COURTS oCC ae ccA PG: 3960 ' IICORDID i 80P?CIAO RICOM f 0011nR COMM, IL PROJECT:Vanderbilt Beach Road-63051 04/23/2004 at 03:51P11 DNIOIT I. NROCI, CLIII PARCELS: 156A,B and C RIC PII 19.50 FOLIO: A portion of 00282280004 COPIIS 4.00 Rein: TRANSPORTATION RON/ACQUISITION INTIROPPICI LORRAINI LAM WARRANTY DEED THIS WARRANTY DEED executed this a day of nect►1130^- ,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): • � (Wherever used herein the -rfpk �'•- • ntee include all the parties to this instrument and their r::aka/ e heirs, leg- e sentatives, successors and assigns.) WITNESSETH: Th tfo ( �• i•er tion of the sum of Ten Dollars ($10.00) and t e . era h• .g:ipt whereof is hereby acknowledged, hereby gr •- 'at , e -, gip-, releases, conveys and confirms unto the Grantee, ,tat certain land si to n fob-r County, Florida,to wit: Parcel 156A, more parti - i'e• - + 11• h 30.00 feet of the Northeast 'h of the Northeast 1/4 of Section 4, • flAhl[t 4-• , 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 Tsaid land is free of all encumbrances except as noted above. THIS CONVEYANCE ACCEPTED BY THE This property has been WARD OF COUNTY COMMISSIONERS, acquired under • OOLLIER COUNTY,FLORIDA, threat ci condemnation and Is exempt PURSUANT TO THE PROVISIONS from documentary stamp tax. OF'RESOLUTION NO.. fl 9-x}43 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 . Ou.>,Q LArI— '�r hi( w (Signature) \ Signature) 1 2_ l CI.a2n \.1. fke.5 id.h e,1 D (Print Full Name) (Print u0 Name L 5;c9enahrro) t Corporate Tito,e.g..Pres.I Vice Pros.) iy24.4,2,4/2_ (P t Full Name) STATE OF.._.___I°1-‘C__ . COUNTY OF The foregoing Warranty Deed was knowledged before me this 1 day of 2003, by Q W Fi on behalf of Palm Royale Cemetery and Mausoleum,Inc.,who: LOLr . �/ is personally known to r 2,is OR / ,*__ produced gal Afi1gINI ` T as proof of identity. irk - (alrar notarial seal) �� ,v.`! ,/ . .A OFFICIAL NOTARY SEAL J� Pri . .'•11 ry Public Fr. DENISE FRANCO NOTARY PUBUC STATE OF FLORIDA 4l E '1,1 COMMISSION NO.DC056940 -• • Commission#(if any): MY COMMISSION EXP.SEFT 13,2005 My Commission Expires: Approved ae to n" k1en-! •,UIinleew, h�I`�1�1L_ � �// ` ASS ISWM COUn0 ,41.1.111(kJ 1 OBIT A OR; 3548 PG: 3962 • N 00'06'11" E � �� 12.00' I Z I SOUTH ROW UNE al 2 0 • 40' 80' 120' PARCEL 1588 • _ II < I D 1Ti X , 1 4 z , y l ZCD • 4 4 t. G7 Notes:_1 I < is 1 m m 1. This Is not a survey. rn n 2. Basis of bearing is state 1 1 4 p plane coordinates. Florida East 4 I =..�1 ,R CQU Zone. 1 I • .`�+ ?'� 3. Subject to easements, 1 reservations and restrictions • of record. / 4. Easements shown hereon I ( f-)l re per plat. unless otherwise \--------sfr fir) oted. I !', . ROW represents R1aht of POIN EGi1NNIr1G: jovoy..1_,tc..)S 00'06'11" W 1 •N '1535'8. . 12.00' 1 I ('� 1� I POINT OF - • i NORTHEAST CORNER FEE SIMPLE TRACT OW SECTION 4-49-26 INTEREST GOLDEN GATE 500'50'16"E ESTATES UNIT 2 1 30.00' • Deeuiption: • A poorrttion of the Northeast one—quarter of Section 4, Township 49 South. Range 26 East. Collier County, Florida. being more particularly • described oe follows•. (::::zof: Commence at the Northeast corner of Section 4, Township 49 South, Range 26 Eest, line of County, rac ty. Florida; thence South .. Unit No. 2. along the West Ilne of Tract OW of Golden Gate Estates Unit No. 2, as Recprded In Plot Book 4, Page 75, of the Public Records of Collier County. Florida, for a distance of 30.00 feet; thence North 8833'49" West. along the Existing Southerly Right of Way line of Vanderbilt Beach ANDREW B. BECK, P.S.Y. (FOR THE FIRM) Rood; for a distance of 841.58 feet. to the POINT OF BEGINNING of the FLA. C. O. 6065 herein described parcel; thence South 00136.11" West, for a distance of DATE SIGNED) 12.00 feet; thence North 13833'48" West. for a distance of 362.05 feet; N T 0 WITHOUT TIME SIGNATURE AND thence North 00'0611" Lost, for a distance of 12.00 feet, to a point THE ORIGINAL RAISED SEAL OF A FLORIDA of intersection with sold Southerly line•. thence South 88'53'48" East. UCENSED SURVEYOR AND MAPPER along said Southerly line for a distance of•362.05 feet, to the POINT OF BEGINNING; Containing 0.0997 acres, more or less. FOLK NO L ) V .ervr.sel4 .v/4�tse i inom,w. _OOisf 1 watt. M. I wee «,om WI,�M'ller 'wsru��i mt., AMP IMENCRIFRicol SKINTCH re....-sM++.•wren►•Swims•r...nr+"i•*arrr•5 ..Lew assure arrswrt.gsrw•s�ts OWN.IMW. -Wiwi• �,� DAM� I PROJECT►a_ I—Mar>Ot I L19TB Nov 05, 5003 - 1441340 MLAMrED4NS1Jtl04124WANDYNA.37e-111dwg . *** OR: 3548 PG: 3963 *** • NO0'08'11"E r --a- .. z 12.00' • 0 30 60 90 EXHIBIT Z SOUTH ROW UNE Pa .:1_. a. FEE SIMPLE INTEREST rri H xZ 0 wX Description: UZ CO A portion of the Northeast one—quarter of Section +1D •ARCEL 1580 (— 4, Township 49 South, Range 26 East, Collier . H County, Florida, being more particularly described as follows: P / D CO+i Commence at the Northeast corner of Section 4, + D Township 49 South, Range 26 East, Collier County, a P1 Florida; thence South 00'50'16" East, along the • / 4 0 = West line of Tract 6W of Golden Gate Estates Unit No. 2, as Recorded In Plot Book 4, Page 75, of / u A • blIc Records of Collier County, Florida, for o • o, 1$�. feet, to the POINT OF BEGINNING / ± `' • ' 430.00 described parcel; thence continuing " South 0 • East, along sold West line for a / distance o 2.•• feet; thence North 89'53'49" West or a • t• of 423.83 feet; thence North 00'..' " East, for a distance of 12.00 fest, to a 1<ti• with the Existing Southerly thence n Oyr a o t,Vanderbilt along sold Beach Southerly Road;Ifni for,••• feet, to the POINT OF •1 i r'' = "L o . g 0.117 acres, more or less. 7-' �0 �jF L\ I POINT OF BEGI `e../.._ �"(RL POINT OF COMMENCMENT: - NORTHEAST CORNER • / Soo'50'18"E / SECTION 4-49-28 FOLIO NO. 00282280004 , 12.00' SO0'50'16"E 'm crr* 00' GOLDEN GATE ESTATES UNIT 21 .1,,,, , , DAVID ✓ATT, -.S.M. FOR THE FIRM) Notes: FLA.7 .-U7O. 5(DATE SIGNED) 1. This Is not a survey. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 2. Basis of bearing Is state SKETCH AND DESCRIPTION Zone coordinates, Florida East W I LK 1 S O N 8C ASSOCIATES 3. Subject to easements, ENGINEERS, SURVEYORS AND PLANNERS reservations and restrictions 3506 EXCHANGE AVE. NAPLES, FLA. 34104 of record. (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS UCENSE NO. LE15770 4. Easements shown hereon SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME ore per plat, unless otherwise I noted. • AS NOTED 4/49/26 0224.1 EAW VANDYBASE.DWG 5. ROW represents Right of DATE SHEET FB PG CHECKED BY DWG. NO. tWay. 05/02 1 OF 1 DJH VBR—L-156A ,, Details Page 1 of 1 New Search Property Record I Aerial I Sketches Current Ownership Parcel No. 00282280004 Property Address 1 6780 VANDERBILT BEAC RD a. Owner Name PALM ROYALE CEMETERY& 1 Addresses MAUSOLEUM INC 1 6780 VANDERBILT BEACH ROAD EXT City NAPLES I State] FL Zip 34119-1465 Legal 4 49 26 NE1/4 OF NE114 OF NE1/4,NW1/4 OF NE1/4 OF NE1/4 &GOLDEN GATE ESTATES UNIT 95 I OUTLOT A LESS OR 3092 PG 976 For more than four lines of Legal Description please call the Property Appraiser's Office. Section Township Range Acres Map No. Strap No. 4 49 26 23.22 4B04 492604 002.00048041 Sub No. 100 ACREAGE HEADER '4) Millage Area ''; Millage .Use Code 76 INSTITUTIONAL 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 Land Value $2,569,175.00 Date Book-Page Amount L+)Improved Value $302,158.00 11 1 2002 3153-2377 $0.00 (_)Just Value $2,871,333.00 1012000 I 2730_-18$ II $0.00 1 (-)SOH Exempt Value $0.00 05/1999 I 2541 -2777 II $1,500,000.001 (_)Assessed Value $2,871,333.00 R.)Homestead and other Exempt Value I $0.00 I (_)Taxable Value I $2,871,333.00 SOH="Save Our Homes"exempt value due to cap on assessment increases. New Search The Information is Updated Weekly. httn://www.collieranoraiser.com/RecordDetail.asn?Man=&Fo1ioID=0000000282280004 5/22/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County,Florida vs. Auto Village of Naples,Respondent Robert Hall,Registered Agent CEB No. 2007-101 DEPT No. 2005050157 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-8 Affidavit(s) 9 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2005050157 COLLIER COUNTY, FLORIDA, Plaintiff, vs. AUTO VILLAGE OF NAPLES, Respondent(s) ROBERT HALL, Registered Agent NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PERMITTED USES & STRUCTURESstr-ILU-1.5.6. LOCATION OF VIOLATION: 15575 Tamiami TRL E Naples, FL SERVED: Auto Village of Naples, Respondent Robert Hall, Registered Agent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE r-� COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-101 DEPT CASE NO. 2005050157 Board of County Commissioners vs. Auto Village of Naples Respondent(s) Violation(s): Violation of Ordinance 2004-41 as Amended, The Collier County Land Development Code. Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d), 10.02.06(B)(1)(d)(i). Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 as 10.02.06(B0(1)(e)(i). Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 Section 104.1.1 now referred to as Florida Building Code 2004 Edition Section 105.1 Location: 15575 Old Tamiami Trail,Naples FL 34110 Folio: 77163240002 Description: Improvement of property without valid Collier County Building Permits. Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0635, for more information. The Respondent has not complied with the CEB Orders as of October 25,2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 46,000.00 See below. Order Item #3 Fines at a rate of$400 per day for the period between December 25, 2007- April 18, 2008 (115 days)for the total of$ 46,000.00. Fines continue to accrue. Order Item# 8 Operational Costs of $533.30 have been paid. n ••. aide'v & w, VV■JJ CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE 52,50 2800 N HORSESHOE DR 11/01/2007 at 11:09AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 n 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 / - FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Auto Village of Naples is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by personal service and certified mail. 4. That the real property located at 15575 Old Tamiami Trail East,Naples,Florida 34110,Folio 00763640008 more particularly described as(see legal)of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,as amended by Ordinance No.2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition,Section 105.1in the following particulars: Improvement of property without valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,as amended by Ordinance No.2002-01, Section 104.1.1,now referred to as Florida Building Code 2004 Edition, Section 105.1 be corrected in the following manner: UK: iLY6 rU: Ubib 1. Obtaining all required Collier County Building Permits,Inspections,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 60 days(December 24, 2007). 2. In the alternative,by obtaining a Collier County Demolition Permit,all required inspections,and Certificate of Completion,or by removing all non-permitted improvements within 60 days(December 24,2007) 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2007,then there will be a fine of$400 per day for each day for each day the violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by December 24,2007,then there will be a fine of$400 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$533.30 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 31-v- 7 day of CC-{- . ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 315rday of ()CID be 2007,by Kenneth Kelly,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or t/ who has produced a Florida Driver's License as identification. KRISTINE HOLTON NOTARY PUBLIC MY COMMISSION#DD 686595 EXPIRES:June 18,2011 My commission expires: v4;470-, Bonded Thm Notary Public UndeWWdters gtske t* ,:oltnty of.COWE ^�. .�,•, I HEREBY CERTIFY THA,T tlis Is a true a> s correct copy of a:•doctfs- c;):tlia in Board Mtntltes «n •r.P t.: !iicr County ESS a my 1`a c 3 � ` IrJ,;: � 1.5 �1 this dy of Otk.:►rY� Cr; 1 ` MIGHT 5 BROCK, CLERK OF COURTS . ti`• 4. UK; 4Z9 PG: 0637 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.rMail to Robert Hall;Reg.Agent,Auto Village of Naples,Inc., 155 Old Tamiami Trail,Naples,FL 34110,31S day of QCst251eir,2007. / ? ' M.Jean • 1r on,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 • Collier County, Florida �....,, w UK: 41y8 PG: 0638 Petitioner, Vs. CEB NO. 2007-101 Auto Village Of Naples DEPT N0. 2005050157 Robert Hall, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Holly Daye Hall, on behalf of herself as co owner of property and wife of registered agent, Robert Hall, also owner, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number 2005050157 dated the 18 day of July, 2005. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 25,2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i). Of Ordinance 2001-41, As Amended, The Collier County Land Development Code. Section 10.02.06(B)(1)(d)(i) was renumbered September 13, 2005 by 10.02.06(B)(1)(e)(i). Also section 104.1 Of the Florida Building Code, 2001 edition, as amended by Ordinance No. 2002-01 now referred to as Florida Building Code 2004 Edition Section 105.1 and are described as improvement of property without valid Collier County Building Permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$533.30 incurred in the prosecution of this case. 2) Abate all violations by: G Obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and or Certificate of Completion for all non-permitted improvements on the property withiny days .(98) of today's hearing or a #err hundred dollar_42ft) a day fine be imposed for each day any violation remains. 6 0 9.06' Or obtain a Collier County Demolition Permit, all required inspections, and Certificate of Completion, and remove all non-permitted improvements within-.a4 ety days (90)-of today's hearing or a fine of t hundred dollars (Tao)will be imposed for each day any violation remains, The respondent must notify the Code Enforcement Investigator when the violation has been abated in or•e coy uct a final inspection to confirm abatement. s ' • , /i #}1P Arer espondent / Michelle Arnold, Director Code Enforcement Department — 7 - 5' - c;,2 Date Date REV 2/23/07 3860757 011: 4060 PG: 0689 RECORDED in 01FICIAL RECORDS of COLLIER COMM, FL 06/22/2006 at 03:23PI DIIGET E. BROCI, CURE WARRANTY DEED D c-Flo 18.10 ,,-.., Retn: This Warranty Deed made the 14-L day of L)/t i , E R RI= 2006, by HOLLY DAYE HALL (also brown as Holly Daye), p0 BCE 111682 hereinafter called the Grantor,to ROBERT S. HALL as Trustee EJJLIS FL 34108 of the Robert S.Hall Trust under Declaration dated May 5,2006 and to HOLLY DAYE HALL as Trustee of the Holly Daye Hall Trust under Declaration dated May 5, 2006, as tenants-in- common, each with an undivided one-half interest, whose post office address is 155 Old Tamiami Trail N,Naples, FL 341I0, hereinafter called the Grantee: (Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). The Trustees hereunder shall have full power and authority to deal in and with the property described herein,or any part or interest therein,and shall have full power and authority to protect, conserve, and to sell or to lease,or to encumber,or otherwise to manage and dispose of the real property described herein. WITNESSETH: That the,Grantor, for ::1 1. • .f the sum of$10.00 and other valuable considerations, receipt whereof is he-a.�, •.�i• • . I-, bargains, sells, aliens, remises, releases and transfers unto the Gra i�;�at certain land si� " ; s: Tier County,Florida,viz All of Grantor's Interest' an •• A parcel of land being . p: of ii : I i•. •f the I: )of the West half (W 1/2)of the East has .s„ Jo ot Iru . , . 18 Townshi 51 1?South,Range 27 East, •1 t er o . I ito' ' the t amiami Trail and ( being more particular) -- '• • - s From the Northeast co 5r`•' Section 18,Townsh'- i "is,ge 27 East,Collier County, Florida, run N '11.' 59"W for 657 ' Jr: •/iie section line to the Northeast comer of the a•,k.. ribed fraction of - 14 : I ence S 0°30'2I"W along the east line thereof f• S 6e +feet for the Poi. .,&• 'j nning. Thence N 89° 29' 39" W for 3 : • t t - ' 29' 24" W for 655.94 few ,,a thence S 89°29'39"E for 328.23 feet; - /I°30'21"E for 655.95 feet,to the ry Point of Beginning. cc, Said lands contain 4.94 acres,more or less. 4Z Together with and subject to a roadway easement over, along and across the East 30 feet of the aforesaid E 1/2 of the W 1/2 of the E 1/2 of the E 1/2, lying north of the Tamiami Trail, of said Section 18, Except North 968.59 feet thereof as measured c-.-1 along the East line of said fraction of Section 19. `s' Grantor Warrants that Grantor has an undivided one-half (1/2) interest in the `- aforesaid property at the time of this conveyance. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. Grantor hereby states that, at the time of delivery and recordation of this Warranty Deed, (a) neither Grantor nor anyone who might claim by,through or under Grantor has ever resided or intended to reside on the Property,(b)the Property was never the homestead property,as defined under Article X, Section 4 of' the Florida Constitution, of the Grantor or of anyone who might be entitled to claim such homestead by, /'O —.-•- . - - - .. . ------. . . 7 xxx OR: 4060 PG: 0690 III through or under Grantor, (c) the Property is not contiguous to the homestead property of Grantor or of anyone who might be entitled to claim such homestead by,through or under Grantor, and (d)that Grantor maintains a principal place of residence at 155 Old Tamiami Trail N,Naples,FL 34110. The Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances except restrictions and easements common to the subdivision,outstanding oil,gas,and mineral interests of record,if any,and ad valorem real estate taxes for the current year. IN WITNESS WHEREOF,the said Grantors have hereunto set their hands and seals the day and year first above written. Signed,s aled and eliv in the presence of !/ /� fAlk.d. ilk'Mess Signature Ho ly I f e fravv,•127N w A.rldwe 7 oxi,. Typed Name S RCOLt ttness Siiiature Typed Nafne ! i•• STATE OF FLORIDA C) V F., COUNTY OF COLLIER. t I.,_ _4_ >e I HEREBY CERTIFY that on °,..0, before me, an offi�, • • fit fled to take aclmowledgments, personally appeared Holly Day- who is . onally_4,;:udi to me or whe- --predueed- as identifies;•..M,• Al . ow7: ,rme ,: she executed the same. - . WITNESS my hand and official seal 1 ., V..• • . , of d 's _ _ of wN� ,2006. .,- , f o0 (SEAL) Notary Public T Ca yped Name: . - My Commission Number is: a My Commission Expires: This instrument prepared by: 114:a. o Kenneth W.Richman,Esquire Florida Bar No.220711 'E P.O.Box 111682 METH W.REHM.A Naples,Florida 34108 t; MY ODI�IAItSStON t DD 526544 Telephone:(239)566-2185 ? WIFE&Jdy B.2010 Ikea Daiba Ito Nara Mile unar.tMR ' \ r'1 _4_ • - (l • CEB CASE NO.2005050157 DEPT CASE NO. 2005050157 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Auto Village of Naples Robert Hall,Reg.Agent,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ed Morad, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on October 25, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certicate of Completion for all non-permitted improvements on the property within 60 days(December 24, 2007). In the alternative by obtaining a Collier County Demolition Permit, all required inspections,and Certificate of Completion, or by removing all non-permitted improvements within 60 days (December 24, 2007). If the Respondent does not comply by obtaining either permits, inspections,or certificate of occupancy or completion within the 60 days (December 24, 2007) then there will be a fine of $400 per day for each day the violation remains as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4298 PG 0635. n 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on January 9,2008. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No Collier County Permits, of any kind,were obtained,inspections made, or certificate of occupancy or completion issued.Violations remain,fines are accruing. FURTHER AFFIANT SAYETH NOT. Dated January 9,2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT CA" Ed Morad Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn . ii ..ed)and subs 's-.• • • - ..a this 9 day of January 2008 by Ed Morad. ('igna .- f Notary Public) NOTARY PUBLIC.STATE OF FLORIDA ' Delicia Pulse ,,,f; :Commission#DD629723 ^(Print/Type/Stamp Commissioned „ ,,,.-°Expires: JAN, 16,2011 Tame of Notary Public) BONDED THRII ATLANTIC BONDWG CO,INC Personally known REV 1/9/08 ,9 �1 VaY.31:3 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 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,Fj,f RIDA BY.14 :_ 1 . _ , Gerald Lefeb -,Chair I Stara Ot PLORIUA 2800 North Horseshoe D of COLLIER Naples, Florida 34104 I HEREBY CERTt^t THAT this Is s kW MO correct copy of a document OpfifitillP : - Board Minutes and Record A Citify Oicaplor xmy h nd and of .Zat E. ! $ OFURT$ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this lay of 1\k.Q.. 1 ,2008,by Gerald Lefebvre,Chair, of the Code Enforcement Board of Collier County, Florida,who is 1 personally known to me or •r who has produced a Florida Driver's License as identification. NOTARY PUBLIC " IQiISTINEHOLTON My commission expires: :+8 0 .., ,•, ;,r. MY COMMISSION#DD 686595 'a;.��*,` EXPIRES:June 18,2011 ?Po;' Bonded Thm Notary PubWcundeiwnter 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 29 day of ,2008. %mil &I ell't OAA4/- 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 • TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alfredo and Miradis Miralles CEB No. 2007-109 DEPT No. 2006100482 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006100482 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MIRALLES, ALFREDO & MIRADIS, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: HOUSING VIOLATIONhse-HSE-5000 LOCATION OF VIOLATION: 108 6th ST Immokalee, FL SERVED: MIRALLES, ALFREDO & MIRADIS, Respondent John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-109 DEPT CASE NO. 2006100482 Board of County Commissioners vs. Alfredo and Miradis Miralles Respondent(s) Violation(s): The Collier County Land Development code 2004-41, as amended, Sec(s): 1.04.01 (A,B,C), 1.05.01(F), 2.03.01(14), 4.02.01(A), 9.03.01(A,D) and 10.02.06.B.1(a-f). Location: 108 So. 6th Street Immokalee, FL 34142. Folio#25580400008 Description: Unlawful increased development and use of "Village Residential"(VR) zoned property in Collier County known as 108 So. 6th street, Immokalee Fla, a.k.a. lots 8, 9, 10, block-4, Carson subdivision of Collier County record, without prior Collier County Zoning and Land Development review and approval and without Collier County building permit. Structures not built and/or altered to Collier County Building Code which poses Health and Safety concerns Past Order(s): On October 25, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0673, for more information. The Respondent has complied with the CEB Orders as of October 25, 2007. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 15,387.55 See below. Order Item# 1 and Order Item#2 Fines at a rate of$200.00 per day for the period between February 23, 2008-May 7, 2008 (74 days) for the total of$ 14,800.00. Order Item#7 Operational Costs of $ 587.55,have not been paid. 2 Retn: 4090449 OR: 4298 PG: 0673 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEB 18.50 2800 N HORSESHOE DR 11/01/2007 at 11:09AM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-109 vs. ALFREDO AND MIRADIS MIR.ALLES, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Alfredo and Miradis Miralles are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondents were notified of the date of hearing by regular mail and by posting. 4. That the real property located at 108 So.6th Street,Immokalee,Florida 34142,Folio 25581480001 more particularly described as Lots 7, 8,9,and 10,Block 4,Carson's Subdivision,according to the map or plat thereof recorded in Plat Book 2,at Page 40,of the Public Records of Collier County,Florida is in violation of Collier ---- County Ordinance 04-41,the Land Development Code,as amended,Sections 1.04.01 (A,B.C), 1.05.01(F), 2.03.01 (H),4.02.01 (A),9.03.01 (A,D)and 10.02.06.B.1 (a-f)in the following particulars: Unlawful increased development and use of"Village Residential"(VR)zoned property in Collier County without prior Collier County Zoning and Land Development review and approval and without a Collier County Building Permit. Structures not build and/or altered to Collier County Building Code which poses health and safety concerns. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended„ Sections 1.04.01 (A, B.C), 1.05.01(F),2.03.01 (H),4.02.01 (A),9.03.01 (A,D)and 10.02.06.B.1 (a-f)be corrected in the following manner: 9 *** OR: 4298 PG: 0674 *** 1. By obtaining all required Collier County Building Permits,Inspections,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted units on the property within 120 days(February 22,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 22, 208,then there will be a fine of$200 per day for each day for each day the violation remains. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$587.55 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 shal-l noot stay the Board's Order. DONE AND ORDERED this 3 S1 day of ('t,.A ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY.E ORIDA BY: Kenneth Kelly,Vice Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 I day of ahrb , 2007,by Kenneth Kelly,Vice Chair of 0.e Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. : KRISTINE HOLTO '■S) ,�� N «. ah :: MY COMMISSION#DD 686595 NOTARY PUBLIC .-4 ,�..7 EXPIRES:June 18,2011 ',Waite Bonded Thru Notary Pubic Unden rites 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 Alfredo and Miradis Miralles, 1703 Immokalee Drive, Immokalee,FL 34112 this.3 I-clay of.C)c±r}:Lez,2007. State a FL O: I : Jean;"- son,Esq. Bouncy of COLLIER • 'Florida Bar No. 750311 Attorney for the Code Enforcement Board 1 HEREBY CERTIFY THAt.t'.l Is eel tot►aro 400 Fifth Avenue S., Ste.300 orrect COPy e* a 111 Naples,Florida 34102 srd F, 4r, '�:3 t °�;:� ';iy�County (239)263-8206 J ESS day of sue, R _.., 1101- .•—\ /}G T E. BROC , Clot .Rr .OFC04IRTS . .. 4. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-109 vs. ALFREDO AND MIRADIS MIRALLES, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, hereby DENIES the said Motion. ORDER OF THE BOARD /�. Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2.6/C1' day ofr ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F B 4't/� f f s' ■ 4 Ge ald LeFebv ,Chair ! 2800 North Horseshoe 9,' ve Naples,Florida 34104 4149435 OR: 4347 PG: 0571 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/08/2008 at 11:22AM DWIGHT E. BROCK, CLERK RBC FEE 18.50 Retn:INTER OFFICE n CODE ENFORCEMENT B MARKU 252 5892 *** OR; 4347 PG; 0572 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z NDday of ri / AN o 2007, by Gerald LeFebvre,Chair of the Coe Enforcement Board of Collier County, rida,who is personally known to me or who has produced a Florida Driver's License as identification. :'.' KRISTINE BOLTON k'',., = MY COMMISSION#DD 686595 ` - ;: ' - EXPIRES:June 18,2011 NOTARY PUBLIC SAG, Bonded Thor Notary P My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S.Mail to Alfredo and Miradis Miralles, 1703 Immokalee Drive, Immokalee,FL 34112 this ?' day of i l ,2007. / 2 ( M.Jean�,wson,Esq. Florida tiar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 ....Aziza at FLORti* ° ,ounty of COLLIER I HEREBY CERTalca THAT this1$ a"# �A�f , Y :orrect copy of aocument oh.f let ; a card Minutes and Recoros_dtCa{1:18i-:CDUn t :; .; ',MESS my rpnno d t� ,I se& this ^°day of ) ( , WIGHT E.. BROC ,C!ERI't OF COUP K OP t f COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-109 DEPT CASE NO. 2006100482 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Miralles,Alfredo and Miradis,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on October 25, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4298 PG 0673, et. seq. 2. That the respondent Contact the investigator. 3. That a re-inspection was performed on May 07, 2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit and completing the demolition through inspections and Certificate of Occupancy,of unpermitted additions.Aditionally, all unpermitted alterations were returned to there original condition. FURTHER AFFIANT SAYETH NOT. Dated7th day of,May,2008. COLLIER COUNTY,FLORIDA CO E ORCE 41 NT B• • • Jo r• ., tafemia Co.- •forcement Official STATE OF FLORIDA COUNTY OF COLLIER S qrn • (or affirmed) .•• subscribed before me this 7th day,May,2008 by John Santafemia. Cigna f e of Notary Public) NOTARY FUBLIC-STATE OF FLORIDA 46 i (n 0 Evelyn Trimino (Print/Type/ tamp Commissioned Commission#DD467747 Name of Notary Public) Expires: AUG. 31, 2009 �\ taanded Thru Atlantic Bonding Co.,Inc. Personally known -4 Rev 1/9/2008 7M 53OwB 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; (0 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 ZjS day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FL•RIDA , BY: i1g6aLariL_. • .a_ i, a_.4. 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 (V\GI.A..fj ,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. KAZISstev.-1 O.:* KRISTINEHOLTON NOTARY PUBLIC =+r .! . MY COMMISSION#DD 686545 My commission expires: EXPIRES:June 18,2011 ,Rf.V Bonded Thru Notary Public Unclenvntnn. "affil 311. of FLORIDA :way of COWER I HEREBY CERTI'Y THAT this is a true+ :affect copy of a document on.file In Board Minutes and Records of Cof~llet MITil,ESS my hand and official seal t� Z t da of 1 14 E. BROG CL�RK • COURTS -" r 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 this '—day of _,2008. 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 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. R.P.K. Enterprises of Bonita, Inc CEB No. 2007-121 DEPT No. 2007070013 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007070013 COLLIER COUNTY, FLORIDA, Plaintiff, vs. R P K ENTERPRISES OF BONITA, INC, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Signs without proper permits and banners dispayed without proper permits •-■ LOCATION OF VIOLATION: 4295 Bonita Beach Road SERVED: R P K ENTERPRISES OF, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteeen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-121 DEPT CASE NO. 2007070013 Board of County Commissioners vs. R. P. K. Enterprises of Bonita, Inc, Respondent(s) Violation(s): Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code: Section(s) 10.02.06[B][2][a], 10.02.06[B][2][d][ix], 5.04.05 A(1) 5.04.05 A (2) and 2004-58, The Property Maintenance Code, sections, 16[2][1] and 16[2][j]. Location: 4295 Bonita Beach Road Folio #24470640005 Description: Signs without proper permits and banners displayed without proper permits. Past Order(s): On November 29, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4309 PG 1333, for more information. The Respondent has not complied with the CEB Orders as of November 29, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 9,150.00 See below. Order Item # 1; Order Item#2 Fines at a rate of$ 150 per day for the period between February 29, 2008-April 30, 2008 (61 days) for the total of$ 9,150.00. Fines continue to accrue. Order Item#4 Operational Costs of $273.28 have been paid. n CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CD BOARD OF COUNTY COMMISSIONERS, o ^3 .-a O rt ma tre COLLIER COUNTY,FLORIDA, d o bd I-I CSC CI Petitioner, CEB NO.2007-121 OC VS. D. y R.P.K.ENTERPRISES OF BONITA,INC. 0 JEFFREY H.MANTZ,REG.AGENT, SHOOTERS SPORTS BAR, CLARIE SOLLECITO,REG.AGENT md Respondents , , o „ / o, d O N.M. f :sr'. O FINDINGS OF FACT,CONCLUSIONS a c OF LAW AND ORDER OF THE BOARD ° ■ N ,, r...) THIS CAUSE came on for public hearing before the Board on November 29,2007,and the Board,having heard d r O testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its c Isl �� Findings of Fact, Conclusions of Law,and Order of the Board,as follows: I o � 'd y c.Ly FINDINGS OF FACT `4 °. ' 0 1. That R. P. K.Enterprises of Bonita,Inc. is the owner of the subject property. r Mt 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the w Respondent,having been duly notified,appeared at the public hearing. y C.A.) 3. That the Respondent was notified of the date of hearing by certified mail and by posting. bd 4. That the real property located at 4295 Bonita Beach Road,Bonita Beach Florida,Folio til 24470640005,more particularly described as Lots 23 and 24,Block 1,Unit 1,Bonita Shores,according to the map or Plat thereof,recorded in Plat Book 3,Page 1,of the Public Records of Collier County,Florida is in violation of g"... Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),5.04.05(A)(1),5.04.05(A)(2)and the Property Maintenance Code, Sections 16(2)(i)and 16(2)(j)in the following particulars: Signs without proper permits and banners displayed without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections �� I0.02.06(B)(2)(a), 10.02.06(B)(2)(d)(ix),5.04.05(A)(1),5.04.05(A)(2)and the Property Maintenance Code, Sections 16(2)(i)and 16(2)(j)be corrected in the following manner: 7 I. By obtaining required permits for signs,if attainable,or by removing the signs within 90 days (February 28,2008). If a wall sign is removed,by painting the facade in a workman like fashion to cover any shadowing created by the removal of said sign.The permit number is to be affixed to said sign. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 28, 2008 , then there will be a fine of$150 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$273.28 within 30 days. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ,j c4 day of 19{� ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: „IL; /3 Sheri Barnett,Chair 2800 North Horseshoe Drive STATE OF FLORIDA Naples, Florida 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of J'C,.P r,,ber- 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or '— who has produced a Florida Driver's License as.identification. SPANN1� HOLI Vl\ ' `AAI_11 n— ±Q �l /�� .#3 MY COMMISSION#DD 686595 NOTARY PUBLIC LJ EXPIRES:June 18,2011 A My commission expires: �I�'•.•R••:• Bonded Thru Ndery Public Undervniters y "•IP1p e'1� 4Th CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to RPK Enterprises of Bonita Inc.,Jeffrey Mantz,Reg.Agent,27567 Grove Road,Bonita Springs,FL 34135 this 5 day of a�— .CC.ry bevT2007. Mare of FLORIDA �-- -r, ,/c . OIMIW of CC�GLI M.Jean son,Esq. Florida Bar No. 750311 I HEREBY:`CER71Y::TH�tT fIPs is hue Attorney for the Code Enforcement Board correct cn 400 Fifth Avenue S.,Ste. 300 y taIdoourtierlt on,file In Naples,Florida 34102 Board Mfoti .•aitd.l grds-i f Collier C i ES S-'413/ `> ii' t ideal seal this (239)263-8206 dajf ><� 4 / T EAR()t. -CLERK il=COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-21 DEPT CASE NO. 2007070013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. P.P.K.ENTERPRISES OF BONITA,INC JERRERY H MANTZ(REGISTERED AGENT)Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared on November 29,2007, Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 29th, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s)was to obtain required permits for sign , if attainable, or remove within 90 days of the date of the hearing (February 28th, 2008), as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4309 PG 1334. 2. That the respondent did not contact the investigator. n 3. That a re-inspection was performed on March 12t'2008. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondent failed to obtain required permits for the sign or remove within 90 days of the date of the hearing(February 28th,2008). 4. FURTHER AFFIANT SAYETH NOT. Dated March 17th,2008. COL' IER COUNTY,FLORIDA CO 4E ENF•RCEMENT BOARD VrZYNA . Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Svvo to or .�i. lied)and subscribed before me this 17th day of March 2008 by Kitchell T. Snow. • (Sign . •f-Notary Public) MARLENE G.SERRANO Notary Public,State of Florida �-.\ mod(Print/Type/Stamp Commissi mod No DD 401145 Jame of Notary Public) My Comm expires March 04,2009 Bonded thru 1st State Insurance Personally known 'J REV 1/9/08 r. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jose Pineda CEB CASE No. 2006070815 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 n IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006070815 vs. PINEDA JOSE, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/22/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation removed on an undeveloped property without obtaining teh proper required Collier County permits. LOCATION OF VIOLATION: 3585 33rd Avenue NE SERVED: PINEDA, JOSE, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(238)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 4136363 OR: 4336 PG: 2740 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/07/2008 at 11:42AM DWIGHT E. BROCK, CLERK REC FEE 27.00 Retn:INTER OFFICE COLLIER COUNTY CODE ENFORCE B 14ARKU 252-5892/CDES BLDG CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006070815 vs. JOSE PINEDA, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 28,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Jose Pineda is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing in person. 3. That the Respondent was notified of the date of hearing by certified mail and by personal service. 4. That the real property located at 3585 33rd Avenue N.E.,Naples, Florida,FOLIO 40010800001,more particularly described as All of Tract 74A,GOLDEN GATE ESTATES,Unit No. 65A,according to the Plat thereof,of record in Plat Book 9,Page 46, of the Public Records of Collier County,Florida, is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)in the following particulars: 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 and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01(B)be corrected in the following manner: 1. By removing all fill brought on to the property prohibiting the growth of vegetation by hand so as to not disturb any additional surviving native vegetation within 15 days(March 14,2008). * OR: 4336 PG: 2742 * 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 copy, `day of fl(\rt,v r-J--. ,2008. M.Jean Raw:• ,Esq. Florida Bar 10. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006070815 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Jose Pineda,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jennifer Waldron, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 286, 2008, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4336 PG 2740, et. seq. 2. That a re-inspection was performed on 4/28/2008. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken as stated in Sections One and Two of the Order of the Board. Section One states that all fill brought on to the property prohibiting the growth of vegetation must be removed by so as to not disturb any additional surviving native vegetation by March 14th, 2008. Section two states that the Respondent must submit a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3 by March 30th,2008. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program(10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. FURTHER AFFIANT SAYETH NOT. Dated 4/28/2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD J Waldron Code Enforcement Official STATE OF FLORIDA OJ COUNTY OF COLLIER �,i Sworn to(or affirmed ..a d subscribed before me this by •#h� f 1�'Y) igna a - of Notary 'ublic) ..;;� Atty PUBLIC-STATE OF FLORIDA K.A. Van Sickle =�y Commission#DD618488 Expires: NOV.29,2010 r.Th'srint/Type/Stamp Commissioned BONDED TUC ATLANTIC aoxnnNaca,ura Name of Notary Public) Personally known REV 3-14-05 7c1 i 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$10,798.10. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09, Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this day of (,10N�,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: ,ir Gerald Lefebvre, j air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of r ,2008,by Gerald Lefebvre,chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identi ication. D NOTARY PUBLIC ,;; f i(x KRISTINEHOLTON My commission expires: =.: •� :r- MY COMMISSION#DD 686595 EXPIRES:June 18,2011 4,8 dt'$,,, Bonded Thai 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 Jose A. Pineda,3730 7th Avenue N.W.,Naples, FL 34120 this ace—day of Maui ,2008. M.Jea awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 (239)263-8206 Asia a FLORIDA Zornq of COLLIER I HEREBY CERTVY THAT this Is s true and► .orrect copy of a document onaflle in Board Minutes and oral otCatller County my Ittl*d:',41010,4101,this of. to L Memorandum 9 •/� . T , To: Code Enforcement Board From: Michelle Arnold, Director Date: May 22, 2008 Subject: Foreclosure-Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. COMPLY BY STATUS HEARING DATE TOTAL$ N=NonJC=Com RESPONDENT CEB# DATE TOTAL FINE OP.COST DUE p Homestead County LAST Abatement Cost RECHECK Mario A.Alvarez 2007-29 6/18/2007 9/16/2007 $49,600.00 $315.51 $49,915.51 N N Angel Riquelme and Lissette Riquelme 2007-42 5/24/2007 6/23/2007 $33,300.00 $357.80 $33,657.80 N N Glen Hollingsworth and Marsha Kendall Hollingsworth 2007-57 7/26/2007 9/24/2007 $48,200.00 $459.82 $48,659.82 N N Ted Zhi Luo 2007-100 10/25/2007 11/24/2007 $35,800.00 $0.00 $35,800.00 N N