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Backup 06/26/2008 Code Enforcement Board Backup June 26 , 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: June 26,2008,at 9:00 a.m. Location: Collier County Government Center,Third Floor,3301 East Tamiami Trail,Building F,Naples,Fl 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES—May 22, 2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS 1. Motion for Re-Hearing BCC vs. Emma Houston CEB NO. 2007-114 2. Unopposed Motion to Dismiss without Prejudice BCC vs.Patriot Square,LLC CEB NO. 2007060341 3. Motion for Extension of Time BCC vs. Bart and Sandi Chernoff CEB NO.2007-105 B. STIPULATIONS C. HEARINGS 1. BCC vs. AMG Properties,Inc CEB NO.2007090454 2. BCC vs. Caribe Investments of Naples,Inc CEB NO.2007030836 3. BCC vs. Erika Labra and Isidra Trejo CEB NO.2007040147 4. BCC vs.Dagoberto and Maria Saldana CEB NO. CESD20080000885 5. BCC vs.Rufina Cruz and Moises Hernandez CEB NO.CESD20080001629 6. BCC vs.Jaime and Damarys Oliva CEB NO. 2006090513 7. BCC vs.Jaime and Damarys Oliva CEB NO. 2007080436 8. BCC vs. Affordable Whistler's Cove LTD CEB NO. 2007060558 9. BCC vs. Barron Collier Partnership CEB NO. 2007070830 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs. Willie L. and Marjorie Davis CEB NO. 2007-68 2. BCC vs. Emma Houston CEB NO. 2007-114 3. BCC vs. Frank Fernandez CEB NO. 2006120290 4. BCC vs. Mahir Trading Corporation CEB NO.2007020481 5. BCC vs. A. L.Petroleum, Inc CEB NO.2007040340 6. BCC vs. Cynthia Aurelio Markle CEB NO.2006060005 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 1. BCC vs. Albert Houston, SR CEB NO. 2007-63 2. BCC vs. Albert Houston,SR CEB NO. 2007-64 3. BCC vs. Eduardo and Maria Rodriguez CEB NO. 2007-80 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE- July 31,2008 11. ADJOURN Emma Houston, P o Box 1275,Immokalee, FL 34143 June 12, 2008 Board of County Commissioners Collier County Naples, FL To Whom It May Concern: Re: CEB No. 2007-114 Dept. Case No. 2007070595 Dear Sirs: I am in receipt of your notice to appear for administrative proceedings as well as the notice on motion for re-hearing both scheduled for June 26, 2008. I had written to you on April 21, 2008 and I delivered my letter by hand but have not received a response. I believe that your response would determine whether or not I would be required to show for any of these appearances and as such I hereby request a continuance until I have received an answer from you. A copy of the letter dated April 21, 2008 is enclosed. • I look forward to hearing.from you. Yours truly, YMNA)WM//trY0 Emma Houston CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007070595 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HOUSTON, EMMA, Respondent(s) NOTICE ON MOTION FOR RE-HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PERMITTED USES AND STRUCTURES. LOCATION OF VIOLATION:415 3rd ST Immokalee, FL SERVED: HOUSTON, EMMA, 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 fofteen 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 Emma Houston, P o Box 1275,Immokalee, FL 34143 April 21, 2008 Board of County Commissioners Collier County Naples, FL To Whom It May Concern: Re: CEB No. 2007-114 Dept. Case No. 2007070595 I am asking the Board to reconsider the decision made on the abovementioned case for the property known as 415 South 3`1 Street, Immokalee, Florida. I am asking that it be grandfathered in for the following reasons: 1. The property was awarded to me as part of a divorce decree. 2. The rental income from this property is only way I am able to pay the outstanding mortgages for other properties that I have. 3. In 2006-2007 over$30,000.00 in property taxes was paid. 4. In August 2007 Code Enforcement ordered that improvements be made. The work was done which cost over$4,000.00 and two days before the given deadline, I called to speak with the inspector and was then told not to do anymore work and I advised him that the work was complete. I know that no one from Code Enforcement came to do the inspection because the person I paid to be there for three days said no one came. 5. At hearing one no inspector came to check nor did anyone come at hearing two. All the expenses that I have paid out of pocket for this property over the past 24 months made it impossible for me to afford legal representation when I came before the Board for my hearing and I believe that my lack of representation placed me at a definite disadvantage. Most of these expenses, as you are aware, came about as part of my effort to obey the instructions from Code Enforcement. Why was I made to expend all my resources in improving a property that I was ultimately going to have to demolish? I do not have the finances required to move the building the distance to bring it up to code. I have no alternative now but lean on your mercies and ask that you allow the property, as it is, to be grandfathered in. I wish to thank you for hearing my petition. Yours truly, Emma Houston CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-114 vs. EMMA HOUSTON, Respondent ORDER ON MOTION FOR RE-HEARING THIS CAUSE came on for public hearing before the Board on June 26,2008,on the Respondent's Motion for Rehearing. The Respondents,having been duly notified,failed to appear at the time of the hearing. The Board now makes the following Findings of Fact: 1. The Request of the Respondent for a Re-hearing is untimely. 2. The County objected to the 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: The Motion for Re-Hearing 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 Orcer. DONE AND ORDERED this 1 51- day o 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLL R COUNTY,FLO'4 DA / gals of FLORIDA --7 r: i� .< .2; • - BY:iLLLt /.% ''aunty of COLLIER erald LeFebvre, ' air 2800 North Ho-.eshoe Drive I HEREBY CERTIF AT On Is s twin. cosy it o THAT on file in Naples,Florida 34104 Board Minutes and Recorbs.pf Collier County n.....r.sus,ry pan "offietai se0 this 4 DWIGHT E. BROGK,CLERK OF COURTS �,Baer 111. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this•Srday of 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, rida, to is personally known to me or ✓ who has produced a Florida Driver's License as ident fication. �,M^ �KRISTiNE HOLTON i ,. MY COMMISSION N D0888595 ±,i,r EXPIRES;June 18,201 NO ARY PUBLIC &wad mtt,Notary My commission expires: ' � N PubNo Undawrtters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has een sent by U. S. Mail to Emma Houston,P.O. Box 1275, Immokalee,FL 34143 this 1 S 1' day of ,2008. M.Je wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060341 vs. PATRIOT SQUARE,LLC, DENNIS E.CLAUSSEN,R.A., Respondent. / UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE COMES NOW Petitioner,by and through the undersigned attorney,and respectfully moves for an Order of the Code Enforcement Board dismissing this action,without prejudice, stating the following: BACKGROUND 1. This case was heard by the Code Enforcement Board on February 28,2008 during which a Finding of Fact, Conclusions of Law and Order of the Board (Order) was entered into against Patriot Square, LLC. The Order was recorded in the Official Public Records of Collier County at O.R. Book 4338, Pages 3139-3141. A copy of the Order is attached hereto as Exhibit"A". 2. After reviewing the case, the violations noted, and the identity of the Respondent herein, Petitioner hereby moves to dismiss this case, without prejudice,so that all appropriate parties involved and all violations found can be brought back to the Code Enforcement Board for future consideration. 3. This motion is unopposed. FACTS AND GROUNDS FOR CONSIDERATION 1. The sign at issue in this case is physically located on property owned by Patriot Square,LLC. 2. The sign is a free standing sign without the required permit, having missing panels and exposed internal wiring. 3. The Notice of Violation and Notice of Hearing were not sent to the address listed in the Collier County tax roll, as required by Ordinance No. 2007-44, The Consolidated Code Enforcement Ordinance, Article IV, Section 9(1)(a), but were sent to an alternative address provided by the property owner, and therefore were not properly served. The case against Patriot Square, LLC, with all relevant violations will be brought back to the Code Enforcement Board for future consideration. WHEREFORE, based on the foregoing, the Petitioner respectfully requests that the Code Enforcement Board issue an Order(1)dismissing the instant case, without prejudice;and(2)rescinding the Order recorded in the Official Public Records of Collier County,Florida,at O.R. Book 4338,Pages 3139-3141 (attached hereto as Exhibit "A"). it Respectfu y • 't -. is . of 1/44 ,2008, By: ,11,1'I/ Jeffre I . Klatz.• , i unty Attorney Collier ounty • V� ey's Office 3301 E -t Tamia , rail Naples,Florida 3' 12 Phone:(239)252-8400 Facsimile: (239)252-6300 Florida Bar#0644625 • Retn; 4139402 OR: 4338 PG: 3139 RIC FIE 61.00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL • INTEROFFICE 03/14/2008 at 08:13A14 DWIGHT E. BROCK, CLERK ATTN: BENDINA MARKD CODE ENFORCEMENT BOARD EXHIBIT COLLIER COUNTY,FLORIDA ,,1� BOARD OF COUNTY COMMISSIONERS, I u 1 3 COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060341 vs. PATRIOT SQUARE,LLC., DENNIS E.CLAUSSEN,R.A. 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 I. That Patriot Square,LLC is the owner of the subject property. 2. ' That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 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 4143 Tamiami Trail E.,Naples, Florida,FOLIO 394440004,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,section 16(1)(n)(3)in the following particulars: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)and 10.02.06(B)(2)(d)(ix)and Collier County Ordinance 2004-58,The Property Maintenance Code,section 16(1)(n)(3)be corrected in the following manner: 1. By clearing up all exposed wiring,sharp edges,and ceasing all electrical current to the sign,work to be done by a licensed contractor,within 30 days(March 30,2008). EXHIBIT OR: 4338 PG: 3140 1 4 • how 2. By obtaining all Collier Count Permits,all required inspections and Certificate of Completion within 60 days(April 29,2008). The permit number is to be affixed to the sign. 3. If the permit is not obtainable, the sign and all supporting structures must be removed within 30 days (Match 30,2008). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008,then there will be a fine of$150 per day for each day for each day the violation remains. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by April 29, 2008,then there will be a fine of$150 per day for each day for each day the violation remains. 6. That if the permit is not obtainable and the Respondent does not comply with paragraph 3 of the Order of the Board by March 30,2008,then there will be a fine of$150 per day for each day the violation remains. 7. 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$384.67 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this i day of 14 ___ 2008 at Collier County, Florida. CODE ENFORCEME BOARD COL IER COUN/.', ORID B1+i It XI Gerald LeFe'vr. Chair 2800 North H. eshoe Driv Naples,Flo 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) f� The foregoing instrument was acknowledged before me this 7 day of' N.A,CJl , 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. M1 ■L.,,,,-,,,,, , My(;OMMISSION#DD 888595 NOTARY PUBLIC : ,., '' EXPIREBt June 18,tot t My commission expires:.1_ -,�i'z tkodorthiu Nang Nalu 1N iten. 1 EXHIBIT OR: 4338 PG: 3141 4 30f'3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Flail to Patriot Square,Inc.,Dennis E.Claussen,R.A., 1410 West Irving Park Road,Chicago,Ill. 60613 this 1 day of tr Q.vt.1-\ ,2008. M.Je wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060341 vs. PATRIOT SQUARE,LLC, DENNIS E.CLAUSSEN,R.A., Respondent. / ORDER ON UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE THIS CAUSE came on for public hearing before the Board on , 2008, on the Unopposed Motion to Dismiss Without Prejudice, and the Board having heard and considered the matter, and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Fla.Stat.,and Collier County Ordinance No.2007-44,it is hereby ORDERED: (1)This case is dismissed without prejudice;and (2)The Order recorded in the Official Records of Collier County,Florida,at O.R.Book 4338,Pages 3139- `. 3141,is hereby rescinded. 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 at Collier County,Florida,this i S t"day of 11,6N_,2008. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLO' P A te State of FLORIDA 1 1rTy ---.,?.. 4,--;-➢ / ;aunty of COLLIER µ?a4, ,., .; "'`t erald LeFebvre hair 2800 North H• seshoe Drive I HEREBY CERTJF t THAT th b IS a tiNit Naples,Flori a 34104 :orrect cootdt a c oeurndtt on Ms In Board Minutes and RecoroS t f Coiner Coot MRSOYiy:ti a Rff}s this ay of )WIGHT E BROCK,„,CERS OF COURTS If*aLdi.L.if441..... ,aw s STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier Coun , orida,w o is personally known to me or ✓ who has produced a Florida Driver's License as identification. KRISTINE HOLTON 1 NOTARY LIC ON", MY COMMISSION#DD 686595 My commission expires: -J EXPIRES:June 18,2011 '�1°,44,}ya 3ondsd 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 Patriot S are,Inc., Dennis E.Claussen,R.A., 1410 West Irving Park Road,Chicago, Ill. 60613 this I Sr—day of 2008. M.Jeaii Rawson Es q. q Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 CODE ENFORCEMENT - COLLIER COUNTY , FLORIDA CODE ENFORCEMENT BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY , FLORIDA Plaintiff, vs. Case No.: CEB 2007-105 Dept. Case No.: 2006030500 BART and SANDI CHERNOFF Respondents SECOND MOTION FOR EXTENSION OF TIME TO ENFORCE THE ORDER OF THE BOARD DATED OCTOBER 31, 2007 COMES NOW, Respondents, BART and SANDI CHERNOFF, by and through their undersigned counsel, and requests that the Code Enforcement Board grant an extension of time to Respondents in which to comply with the Board's Findings of Fact, Conclusions of Law and Order dated October 31, 2007, and in support thereof would state as follows: 1. The Board determined that a violation existed on the property located at 840 7th Street N.W.,Naples, Florida 34120 which is currently owned by Respondents. 2. Respondents admitted to the violations, but argued to the Board in their initial hearing that the violations existed before they purchased the property. 3. Respondents told the Board that they had filed suit in Collier County Circuit Court to determine who was responsible for the violations, and that their ability to correct the violations depended on that determination. 4. The Board granted Respondents six months to allow the litigation to proceed before enforcing penalties for non-compliance, but allowed that additional time could be granted at the discretion of the Board. A copy of the Order is attached herewith as Exhibit A. 5. On March 27, 2008, Respondents appeared before the Board and requested an extension of time. The Board granted Respondents an additional ninety days. A copy of that Order is attached as Exhibit B. 6. Respondents obtained an admission from the party that build the non-complying structure, and are negotiating regarding damages. The matter is set for court-ordered mediation on August 12, 2008, although attorneys for both parties continue to attempt to settle the matter before mediation and trial. 7. Respondents are not in a financial position to pursue resolution of the non-compliance without the payment of damages to Respondents from the party responsible for the non- complying structures. 8. While Respondents have been cautioned by the Board that another extension would not be granted, Respondents would argue that they must rely on their civil court remedies to satisfy Board's order and avoid the assessment of fines. 8. Respondents have proceeded with all due diligence in pursuing the litigation and attempting to bring this matter to resolution within the time allotted by the Board but have been unable to comply due to the nature of litigation and court and attorney schedules. WHEREFORE, Respondents, BART and SANDI CHERNOFF, respectfully request that the Code Enforcement Board grant them additional time to resolve the issue of the amount of damages for the non-compliance before the imposition for fines for the non-permitted structures. Submitted to the Office of Code Enforcement this�-` day of June, 2008. By: CO EN J. MacALISTER Florida Bar No. 0804711 LAW OFFICES OF COLLEEN J. MacALISTER, P.A. 5147 Castello Drive Naples, Florida 34103 Telephone: (239) 262-3760 Facsimile: (239) 790-5779 Attorney for Respondents CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-105 vs. BART AND SANDI CHERNOFF, Respondents 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 Bart and Sandi Chemoff are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing in person and by Attorney Colleen McAllister. Counsel for Respondents requested that the Board delay enforcement. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 840 76 Street N.W.,Naples,Florida 34120,Folio 37111400009 more particularly described as The North 150 feet of Tract 20,GOLDEN GATE ESTATES,UNIT NO. 11,according to the Plat thereof recorded at Plat Book 4,Pages 103 and 104,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,as amended,The Collier County Land Development Code,sections 10.02.06(B)(I)(a), 10.02.06(B)(1)(d), 10.02.06(B)(l)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i)),Collier County Code of Laws and Ordinances, Section 22,Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code,2004 Edition,Sections 105.1 and 111.1 in 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 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,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)(renumbered as I0.02.06(B)(I)(e)(i)),Collier County Code of Laws and Ordinances,Section 22,Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code,2004 Edition, Sections 105.1 and 111.1be corrected in the following manner: EXHIBIT A 1. By 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 180 days(April 22, 2008). 2. In the alternative,by obtaining a Collier County Demolition Permit and by removing all non- permitted improvements,obtaining all required inspections and Certificate of Completion within 180 days(April 22,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 22,2008, then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by April 22,2008, then there will be a fine of$200 per day for each day the violation remains. 5. 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. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$536.00 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 �4S day of CDC* ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: � Keane u - •, •ice hair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �`�� The foregoing instrument was acknowledged before me this 3 Sday of DC , 2007,by Kenneth Kelly,Vice Chair of th�Code Enforcement Board of Collier County,Florida,who is personally known to me or ,% who has produced a Florida Driver's License as identification. . . . PUBLIC KRISTINE HOLTON_ N TARY ,., __ MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 goaded Thru Notary Pubic tNdtrs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Burt and Sandi Chernoff., 840 7th Street N.W. Naples,FL 34120 and to Colleen McAllister,Esq.,5147 Castello Drive, Naples,Florida 34103 this 3 hs`'day ofC)c t e<2007. /72i M.Jean Ra*on,Esq. Florida Bar o. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples,Florida 34102 (239)263-8206 • R'ECEIVED App _ .. Innq • 4 Lvuu CODE ENFORCEMENT BOARD BY: COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-105 vs. BART AND SANDI CHERNOFF, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 27, 2008,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and i . ,. ,�- '" x Ca"'k, r �' '� � ..•'.c5,'yx. - .,�,. . _- -„Ss nr- SFc. s e s' sa g eta ne�E' e r rr St -a ; �� .es''r. [`-r �'.^ ''�—r” -. s4f- �W'•+'' ,..,.. > m. 416n ®„. e esp�d n_ire g amr e eC 1se'":_.s ion o ?LL '90 addis ronal days Rio,ad itional'extensions of time shall be granted to-:Respondents. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. /� DONE AND ORDERED this 2 N" day of�' eiri I ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORIDA� / erald LeFebvr- Chair f 2800 North H•rseshoe Drive Naples,Florida 34104 EXHIBIT B STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this r)9day of ri 200$, by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,F orida,who is personally known to me or /who has produced a Florida Driver's License as identification. KRISTINE HOLTON , ''': NOTARY PUBLIC ` m,comteSg pt)666595 ® .Rz E(p1gES June 16,2011 My commission expires: T y :w't'A g�dad ruNotaiy is n°' 's P CERTIFICATE OF SERVICE I HEREBY_CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Burt and Sandi Chemoff, 840 7th Street N.W.,Naples,FL 34120 and to Colleen McAllister,Esq.,5147 Castello Drive, Naples,Florida 34103 this 2'JD day of 't ( ,2008. M.J-an f son,Esq. App Florida ear No.75031`1 Attorney for the Code._Enforcement Board : �:-:. .c r ,i rl...:s -- ti rFR°G �E £ c `;r"s t •2 .s' ��s. r�nrley � f'"i�a .a^..,,, :�c titer ew_.�. -a r�v1yxt " u•"c f� �, � yY.,� V. GY.- „-- ,r �" `f�°y.,�', r.� s4, S "a1:1: r:• raa •' ••'� A ', ?, r1`e ' 3d-•¢ '"y 'c•! ,,”; U"ue t� ,+-•�* z i^'. ' �-� ct? _.its „s -1` i � 42� a ,h F W*+ SC. ..,' ` .,t' [� , CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 vs. BART AND SANDI CHERNOFF, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on June 26,2008,on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter,and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time to September 25, 2008. Board meeting to be held at 2800 North Horseshoe Drive,Naples, Florida. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this I ST day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F ORII / BY 9&, Gerald LeFebv1',Chair / 2800 North orseshoe • ive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this \Srday of 2007,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, rida,.who is personally known to me or L./who has produced a Florida Driver's License as identification. KRIS11NE HOLTON ii\i'MSt/N■A k-1- . Y: '•t`:4 MY COMMISSION#DD 686595 NOTARY PUBLIC .-„ W EXPIRES:June 18,2011 My commission expires: --4,',t4;ta` Bonded Thru Notary Public Underwriters I Y p res: •• CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Burt and Sandi Chernoff, 840 7th Street N,tW. Naple 34120 and to Colleen McAllister, Esq.,5147 Castello Drive, Naples, Florida 34103 this \S day of ,2008. eie,Qyl 2-ee- (-4./)45"----' n son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples, Florida 34102 (239)263-8206 +ounty of COLLIER • , I HEREBY CERTIMTHAT this Is a We l :oorect cony 4á i:tfo Urn t on file in Board Mireenet and.f oral of Copier Count) m 'ha, , ';reffr 1 S his o} WIGHT,i4 BI K,CLERK OF COURTS COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. A.M.G. Properties, Inc., Respondent(s) CEB Case No. 2007090454 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance Deed 5-8 9-10 /-N. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007090454 vs. A M G PROPERTIES 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: NON-CONFORMING STRUCTURESstr-STR-1.8.10. LOCATION OF VIOLATION:3831 Arnold AVE Naples, FL SERVED: A M G PROPERTIES 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 7.--\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 vs. DEPT CASE NO.2007090454 A.M.G.PROPERTIES INC(Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code, as amended, Sec(s) 10.02.06[B][1][a], 10.02.06[B][1][e][i]. 2. Description of Violation: Construction/additions/remodeling done without proper permits. 3. Location/address where violation exists:3831 Arnold Ave Naples Fl(folio 00278360006) 4. Name and address of owner/person in charge of violation location: A.M.G., Properties, Inc, C/O Jose A Garcia, 7301 SW sr CT, Suite 500, South Miami, Fl 33143. (Property Owner). Parts Depot, 148 Rosalies Ct, Coco Plum, Fl 33143.(Business Owner) 5. Date violation first observed: September 17th,2007. 6. Date owner/person in charge given Notice of Violation:October 2°d,2007. 7. Date on/by which violation to be corrected: October 10th,2007. 8. Date of re-inspection: April 4th,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 ••e have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a , bli•hearing. Dated this (t"Day of , 2008 eAss. AL r.ell T Snow -•de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S •v 01 o(•. . ' II ed)an subsc i.ed b/re this t��day of lgra�� , 2008 by y itejo{ attire of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known xY---or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Linda C. Wolfe . �.ii. -Commission#DD739150 Expires: DEC.07,2011 BONDED THRU ATLANTIC BONDING CO.,INC. REV 3-3-05 2 Case Number A/O 312867 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code&Other Permit Requirements °ZUU?b�Q ys� NOTICE OF VIOLATION Respondent Garcia,Jose A.(Reg.Agnt.) _ Date: 9/18/07 Investigator: Torn Campbell Phone: 239-403-2492 A.M.G.Properties,Inc. _ — - Zoning Dist Industrial See ' 36 Twp 49 Rng 25 Mailing: 7301 SW 57 Court Suite 500 Legal: Subdivision 100 Acreage Block 149 Lot .000 South Miami,FL33143 Location: 3831 Arnold Ave. Folio 00278360006 OR Book 2319 Page 2840 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: Ordinance 2003-37 Collier County Right-of-Way Ordinance Florida Building Code 2004 Edition 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 action on building n permit or copy shall be kept on the site of the work structure shall be erected,moved, added to, altered, utilized orb allowed to until the completion of the project exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is ❑10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance 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 requires a building permit under this land development code or other Other Ordinance/Narrative: applicable county regulations. On 9/17/07 I did observe unpermitted second floor storage additions over the office and an unstable unsatisfactory rafter 1310.02.06(Bx1)(e)(i)In the event the improvement of property,construction of installation on a rear addition that was also illegally constructed 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 without Collier County Buildings,Inspections and Certificate of must be obtained within 60 days after the issuance of after the fact permit(s). Occupancy. Collier County Code of Laws and Ordinances Section 22,Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, • . electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, Order to in.compliance lViolation(s):ar a ith a or do not provide adequate egress,or which constitute a fire hazard,or are Must for coand oe ainh all Collier County Codes and Odescrbed otherwise dangerous to human like, or which in relation to existing uses, Apply for and obtain all permits required for described constitutes a hazard to safety or health,are considered unsafe buildings or structure/improvements:matevens from OR remove said structure/improvements, service systems. All such unsafe buildings,structures or service systems are including materials from property and restore to a permitted state. hereby declared illegal,etc 0Must request/cause required inspections to be performed and obtain a 0103.112 Physical Safety[pools]. Where certificate of occupancy/completion. OR demolish described ] pool construction commences prior improvements/structure and remove from property. to occupancy certification of a one or two family dwelling unit on the same. property,the fence or enclosure required shall be in place at the time of final j building inspection....Where pool construction is commenced after occupancy (]Mud effect, or cause, repair: OR rehabilitation of means of permitted mitred certification of a one or two family dwelling unit on the same property.the building/structure/systems: emob ion ofs same. OR remedy violation by means of permitted fence or enclosure required shall be in place prior to filling of the pool unless demolition of same. during the period commencing with filling of the pool and ending with Violation(s)must be CORRECTED BY: October 10 completion of the required fence or enclosure, temporary fencing or an ,2007 approved substitute shall be in place,etc. Failure to correct violations may result in: 0104.1.3.5 Prohibited Activities prior to Permit Issuance. A building permit I) Mandatory notice to appear or issuance of a citation that may result in (or other written site specific work authorization such as for excavation,tree fines up to$500 and costs of prosecution. OR removal, well construction, approved site development plan, filling, re- 2) Code Enforcement Board review that may result in fines up to 51000 per vegetation,etc.)shall have been issued prior to the commencement of work at day per violation as long as the violation remains, and costs of the site. Activities prohibited prior to permit issuance shall include,but are prosecution. not limited to, excavation pile driving(excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures and disturbance or removal of protected species or habitat,etc. Respondent's Sign.ture Date -�� • 18/07 ration 106.1.2 Certificate of Occupancy. 106.1.2 Building occupancy. A new building shall not be occupied or a nvesti . o . ' _ %" sate change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev 6/07 q • SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2ti and 3.Also complete . A- Si. Rem 4 if Restricted Delivery is desired. ' • Print your name and address on the reverse X /fi/�� 0 Agent so that we can return the card to you. ❑Addressee • Attach this card to the back of the mailpiece, B. eived by(Printed Name) or on the front if space permits. , 17tnep 1. Article Addressed to: �� D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑No t S r6d i O€ P 1.7,-; A M G PROPERTIES INC C/O JOSE A GARCIA (R/A) 7301 SW 57TH CT STE 500 /6/2); SOUTH MIAMI, FL 3 314 3 ice Type Te0IRegrtistifiederedMaill ❑Express Mail Case Nbr - 2 0 0 7 0 90 4 5 4 --�-., ❑Return Receipt for Merchandise 3 j2 _ t ❑C.O.D. v 1�� 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Ar 7007 0220 0000 4 36 -9086 go itC' ,<6 46 --- PS Form 3811,February 2004 Domestic Return Receipt /6 0 102595 02-Ivt 1 0 U.S. Postal Service;, CERTIFIED MAILT,, RECEIPT "*"'"N - co (Domestic Mail Only No Insurance Coverage Provided) D - 'For delivery,information visit our website at www.usps:comcl_ '° ET' r,° .� . D Postage $ Certified Fee D D Return Receipt Fee P stmark D (Endorsement Required) Here D Restricted Delivery Fee D (Endorsement Required) ru ru T D A M G PROPERTIES INC Se C/O JOSE A GARCIA (R/A)Cs- D -SU 7301 SW 57TH CT STE 504 D on SOUTH MIAMI, FL 33143 r` Case Nbr - 2007090454 Ps,.•Qrm :II,,ugus Ii.; See Reverse for_Instructions '. /i TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 18 months--First Phase 42 months 3 30 months--Second Phase 42 months--Third Phase 18 months--First Phase 54 months 4 30 months--Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the http://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. 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://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of/and 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://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 r, 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. n 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 n 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 n 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://library1.municode.com/mcc/DoeView/13992/1/66/68 6/26/2007 n • /�ys� - 2190750 OR: 2319 PG: 2840 UCOID10 is OH?ICIAL MOM of COLLIII CORNY, PL /"...1 0i/15/17 at 11:211 DIIQT D. 110C1, CLIII 0010 215011.11 Property Appraiser's 110/II 11.51 Parcel Identification No. 0278360006 DOC•,70 1,1511 lets: Prepared by: OWL P 101111G MICHAEL F. HORNUNG, ATTORNEY AT LAW 11515 DILL T0111 DI STI 101 13515 BELL TOWER DRIVE, SUITE 300 PT ITIU PL 11101 FORT MYERS, FLORIDA 33907 125-97 (Space above this line for recording data.) WARRANTY DIED (STATUTORY FORE - SECTION 689.02, F.S.) THIS INDENTURE, made this 30th day of May, 1997, Between MIRI HOLTON, as GRANTOR*, whose address is 6095 Waterway Bay Drive, Fort Myers, Florida 33908, and A.E.G. PROPERTIES, INC., a Florida corporation, as GRANTER*, whose address is c/o Jose A. Garcia, President, 3510 N.W. 60th Street, Miami, Florida 33192; WITNESSITH that said Grantor, for and in consideration of the sum of TEN AND NO/100'S DOLLARS ($10.00) , 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 sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier coun - - 'da, to-wit: SEE EXHIBIT •A• ATTACHED 0, 1•'R Co HEREOF BY REFERENCE. SUBJECT TO easements, as ictions and rosarva o s of record, and property taxes for the currsnf y r _ THIS IS NOT NOW, N / • = .. ?1- r 'y',% PR ERTY OF GRANTOR, HIS �.\ - SPOUSE OR FAMILY, OR S ,,T .y • 4 CM and said Grantor do st—h re- fu�• wa 1‘,,t t , 7� o said land, and will defend the same age the lawful clai - of -1 ;p sons whomsoever. ."GRANTOR" and "G " are used fo - 1 co plural, as context requires. ll� IN WITNESS WHEREOF, Grant.. L is g, �� hand and seal the day and year first above written. C.IR Signed, sealed and delivered in our prase . `! .[ i ?xi Signature of fitness MIKE HOLTON Print Name 21L>//1/ C O✓/NS s.7 Signature of Witness Print Name_c)SQ/] t .p,r+.e.. STATE OF FLORIDA ; COUNTY 02:..... /49 - The foregoing instrument was acknowledged_ o-before me this dC.) day of May. 1997, by HIRE HOLTON, who is a i s�� ly knowci t e, or who produced _ � __ --- as identification. My commission expires: `��'7�.' `-�� OTARY PUBLIC por fit MUM NOTARY BEN. MAINLY*OMNI $ CCU0414 � 'os u m a t . EXHIBIT ,A" OR: 2319 PG: 2841 SEE EXHIBIT `A'ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. Commencing at the North 1/4 corner of Section 36,Township 49 South, Range 25 East,Colter County, Florida;thence along the North line of said Section 36,S89'24'44U 661.75 feet for the Place of Beginning • of the Parcel herein described;thence SO 38''58"E 229.23 feet;thence S89421'07W 110.30 feet;Thence NO3'38'58"W 229.35 feet to the North tine of said Section 36;thence along the North line of said Section 36, NB9'24'44"E 110.30 feet to the Place of Beginning; being a part of the Northwest 1/4 of -s'•,• 36,Township 49 South, Range 25 East,Collier County - ,• �. .:- •-• as Parcel 12, of Block B,of Naples Ind - - ye - + :t Recorded, being part of the North 1 •I+� `orthwest 1/40 ° .� .,Township 49 South,Range 25 • ,'•34,-r ler County, Florida, loge. er all improvements theret• 0,,, C0 � ,.._, . ,74, ' \ F-rt, ,, ,0 , _, 1/4.., ,. u, ,,, is. 711E C C • • • • Collier County Property Appraiser Page 1 of 1 'f-,6' c/7- 2©0 70 90 50//,/yG ',aPf,eTjes /�C ° / � ° /,� y 3. l _,:_ :0,.... 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V."'l.i rF.C. �� • !,1"T.}.*c::rim-..,:tV r- a rY+__ 1_ :x _.Siir`T.Sil :6::1'�.��.._.r-:.L1C _——..____r—._._._..e.._ .. . is 4 rk.. .,, ,. ' _1 �-.'1._ ._mss.`•.r_A.. .t- -------__—._-_.____--- ,x, 1� . • "� '. rx e;e"Sic- e - her s. "�4.P....-a. Af a m. key M'4k„ s �J -�.y'3�.�s•��r,,.-�,s .'.• •_a+ r"�-_ h'";s:?= i7■k1..."tf�L.. 1thrtf'e;—.17,7114:.-7 a Numb atiee4...4•7_ C(...'2. +'F� .4;-y 7 ..r"71P� 0:• eee.„. rr ,.'-' era.- n:.sl.eee P.L.1.- C• .ephonc Nember1.;c.t.._.La-1 Cad s:�,a .-, `i rte" F gAveti; vin acv? TRAT IOy N0. CON7 cTELCY CARD N0. C: 7leer. e. re-te ti t F�fir'..._ -er zr ra DoT G1 i/..�. .. Shat Sa Ca G.t".. ..., �` _�._..._._....�� -,.-,::FS 05...f ••y 3 a p, General Cent actor's Telephone Number 'n' - 1 ea i Y4=E'`� e. '4 a" �t R t Elec!r'_rSi „�..rL Cam!�G �. .ea. C.PZ, L ri Ci °-'- :�vgis-` ni ?>`°`a. "• 1`{3 Lam'' P xabit:g std, t 4� sK S r 0t- .ZS .r- a?ts x sr •5'?y; ech — e wit s7.r , ,..,, GENERAL LOCATION: (Circle One' a`- .. ase Nanlcs ., ... Marco Island '7 kr te' •4 u i T -e �Go.de, G City 32n"Ts[e Estates Ixamaka:gee .e' '!-. ,-c,- :i t. 8t et c �e .< ' SIIEDIt ISIGN �41 R� ar�"T'' TRACT L LOT 's t Is`OCK UNIT — `A-"E ' ay ' `x •,, ,,, Private legal covenants may exist regulating this property. It is the owner's obligation d am , ,�4 F4• ..� e` to insure that this construction would not violate these legal covenants. '' t :E `< �*� .'r...,- PROPERTY I.D. NQ. s2 1 r `+ s \ c , ar r -ge ; _ sR :: LEGAL DESCRIPTION li e�� - 6(mi - \ fir '41. g,N-'. 7: s. :t •: ,1451 i' Y_ - •to 4'.• . -` ,. . t- s ue 4^.' a e-=^�dyea •.t, t .k e •< - TYPE OF STRUCTURE: (Circle One) Single-Family ... Mobile Home Duplex ... Multi-Family ; 3 5 : , Motel/Hotel ... CC6 i Pool ... Seawall/Dock �"dPil t . ; , i / aST =- Jtl Esc t�Cr - Tr�buc.+ i d- � r rs. . _ _ _ __ _ - CONSTRUCTION: (Circle One) r-Nek ✓... alteration ... Addition e7 `� PURPOSE OF CONSTRUCTION: /e '-'� ' `� ~ _ : -7 °� Explain: ceeege•tiLeJe-'f' t . :I�e � �eZ- LL7Ltl: ro . L;Att. 14:_ .�eeC= _ g:• .• Examples: Frame, CBS, Interior Partitions, Bath Addition, Root odition; Enclose Porch, etc. r Maximum Height of Proposed Structure VI.' No of Stories L No. of New Dwelling Units 0 t 4 l"r • SEIM: (Circle One) Septic .. l^t'''(...-7. City ... County e . WATER: (Circle One) Well ... City ... County OCCUPANCY CLASSIFICATION: Asaembly .. Business ... Educatic.__ ... Storage (Circle Appropriate) Hazardous ... Mercantile .. Pesider._<ia' ''" stn`s'_ •RESIDr' rTIAi. (Complete the following) COMMERCIAL (Cc.p:ere the following) _ Living Area - Sq.Ft. Assembly Sc.Ft. Screened Roof Area Sa.Fc. Business Sc.?:. Porch Areas S,.Ft. Edt,cationai Se._c. Carport/Garage �))) Sq•Ft• Storage S;._t. Hazardous Sc.F:. - Energy Code E.P.I. Mercantile SS.F:. - -Industrial 4 .>D o F t • Contractor's Cost of Construction $ .S eet^Q_ L e FLOOD INSURANCE INFORMATION e'tr Deno: hark =;eva[_ca ,O.Q = - 1. Required F.I.R.?�f. Elevation - Location-;r•;t,.. s.t- Qj�.� _ • CP. A Zone lowest habitable floor elevation:_9 2. - s V Zone - lowest horizonal s:i;,00r: mea+ber elevation L In– All work under the approved building permit shall comply with all applicable lags, codes, - - • ordinances and sddition"al stipulations and/or Cond.tic-:i, of Permit. The seeret•ec permit expires if work authorized is not commenced witblr. eix (b) maths from date of issue. -he - : permit fee will be quadrupled, plus a maximum daily penalty ef $500.00 if work is stcrteC ° - without an approved permit. The pe-mittee ferther understands that nriv licensed cant:actcrs t ' t ! i' Czit`:irate of stay be employed End that the structure shall nor. a used cccu :Lost, f�_ Occupancy is issued. l / J / •-"' -:=e r' Stgna tura of Con t rite i.or! /, -•'h'-_ , ,� a' - Swcre to and Subscribed before me_„ 0 IF _.._.---.__—__-_.�_- er ..*tis:- ...e Fi.sog Fee :cce;l-ed R}- _y--- Date _—/Y/____ '`. a :ca .�Zdu _reir:a-ce Nu. '24,44,74 ,' ,. Iras,ection Reeuleed !e or No npercved By. '�.',- Date•'-r +%�/ t 1 r, s-.venfse:.: Code ..rdinance.:ie _ kagpeetion.Required: yes or No a-:-;, --i:; Approved By: vete / / r_ • Electrical Code Ordinance No. 7 '�' Inspection Requi ad:\ _ No ��.,��yy�• . . ' Approved By:_ S ,--�- Date /•••>1�..•+ 1.�. < r ;: Plumbing Code Ordinance No Inspection Required• or No Approved by /ter Date•f i2T/ r ^. Mechanical Code Ordinance No. ��/"00, Tnspectian Requited Yes'or :?o •APPF4+gd By,.: '•.: >:Da'Le /27/ ja _ •Gas Code Ordinance No. ,�� Inspectian Required: Yes or No �-- Approved.By Date /_/,_— Swimming Pool Code Ordinance No ''�r7 4jnspectio.n Re. egtired. . Yes or'No r Approved By: Date_/_i 4 - - "Building Code Compliance --: Department" Permit $ c>4'2.6 i /�� Less Appli Lara*np.Filing,Sze. $ •�f(J/�L Receipt i?,?q3{/ BY: Date _ 'alance ULe • $ /6-3.43r .�» PLAN I) Lr'2gNTATION Lard Zoned te,:tlies,�t' �--»---- Proposed Use • Lpt•krea: • Front Yard Set Back t' •t Rear Yard Set Back 35' Sid •Yards Set Back 44' 4ets I - Parking Spaces Inspecti-• •uir., Yes o No Approved By Date# /1/ 113 y PLANNING DEPARTIir�.IT: Street Addre �-- —» Geo-Code - Approved By: Date / i_ - ENGINEERING DEPARTMENT: Inspection Required:, Yes pr No Water Management Permit $ Approved By: j 4 `— Date 4 / i_la ' - - r Inspection Reccired: Yes o,42110 Right-of-Way Permit $ M Approved By: te1ety 7ateL.2r/ Inspection Required: Yes or No - Seawall/Dock Permit $ Approved By: iater _ - HEALTH DEPARTMENT: 'Septic Tanis Gallons - _ Drainfield Sc. Ft. - Septic S3 kr`s Elevation a ¢ is Septic -''az;k-Permit .$ Inspection. Required: Yes cr \u Approved By: Date—_,__ , UTILITIES DEPARTMENT S.D.C. No. Approved may' Date / 4_ PLAN REVIEW COMPLETION: The above application has been examined and is hereby approved subject to the payment of all fees as provided by the Collier County Building Code and all other pertinent laws or ordinances. BALANCE DUE $ 7,43 • to . Checked By:�. ,5 j',. Date44/ : / Called By /' Dated » -r { Permit Issued Date /•J /e'_3 Receipt 0 %> By: _» • �,• A • ._.r;t harp. r.. .:'R°::?ten .,,; ..: k i - Vk -< N J' 4L, d ¢ t++cC� r • - . :a •r;:e■ ._ .- .. 1•. ... .s �..,. ......h...._ ,:,,re 4J. 5-C 9 C'+i.* 't c .;Ze' ■ D/T. ;YE' :'_- .1 ED COTE PEINSP. I3?S7FCTCk ,i'`'�: '" ta t B"u R.tC`D rcFaJ)`: ... BY PASSED FEE .. . .4, •-aa, T Y f.• -;',..'3-''A F:.aticv: 5/18/83 10:53 thur Melvin 5/19/53 Sonny D. r S'4' '-`. �lpb: 5/19/83 Sonny D. '�..r { Framing: 7/6/83 9:52 Thu: 5'b 7/7;83 Serb D. ?• PI I`3G '� ' - Rough: 5/18/83 3:10 thur Scan 5/19/83 David C. Fs 4. Tub Set: 6/29/23 9:40 Thur loan 6130/83 Frank T. txj ''` 4 ? Stack Teat: s1` ,t, 4WF F €LZCfICi.I, ${£ t .f � i tss - >: - - Tanpi:ary Pole: r",;411".•::.;;'14--11.,:4:-A.;. l failed Power Co. on: • i°°K'rr`.i Rough: 6/29/$3 5:40 T!:ur Joan 6130/83 Lack 11, �; FIIi111 #r r L. r a _ Plumbing: 7/20/63 12:55 thur Joan 7/21/83 Frank T. ' Sewer Tap: 7/6/83 3:30 Thur Joan 7/7183 Frank T, Electrical: 6/30/83 3:50 Fri Joan 7/1/83 Roy h. _ Called Power Co. on 8/8/83 Building: 7125/83 8:00 tue 7/26/83 Eerb D. Zoning Dept: BT 8/3:63 Engr. Dept: :yd 8;5/83 Fire Dept: 8r3!S2 _ Finish Floor El. Cart: 8/5/83 - Drainage Cart: 8/5/83 -C.O. Issued or: 8/5/83 Total Reinspection Fee: I 1 . ' .1 T f tiA _ ref • • Cann:KATE OF OCCUPANCY _1 !oral! rio. 13-01421 r ere�v: l+tntP/7�tCr: y.t. Ss11S't$jt3fffT Owwert t�crece €-PlclnArs°dt Ncuie.t exe• a5E kn?-na+.ti.•r J e t t Adtresi: 3@li _+.Cold Aver,ui [ten Code: _1115107D xrsrt: 1 Lot: 11 EEce-k• Ur.it: Subdivision. `er:le-r Indust-rt.-TO. Park OT iacs: descriptlee.: Type of ?'.rcr$soey: Commercis' 3o. et L1r07'InE Celts: C P1irpe*s: foS ftcruet pascoa area' RI Al! NEXE$T AUTRORIEED Tr OCCUPT AS rein) ABOVE. /, Fit 'ssued 3v: Wevne ScetitbOra F' 3ui2— C^de Cooprfacre (:'-rector 'ft • -asttccmmtatca car ARMALAVAGE & 2240 Venetian Court ASSOCIATES , INC . Naples,Florida 34109 Real Estate Appraisers, Market Analysts& Consultants Phone: (239) 514-4646 Fax: (239)514-4647 November 9,2006 Mr.Gary Tilson Regions Bank 1511 North Westshore Boulevard,Suite 150 IT Tampa,Florida 33607 RE: 3831 ARNOLD AVENUE,NAPLES,FLORIDA 34104 Dear Mr.Tilson: At the request-of--Regions_Bank,-the-client and-intended--user of-this appraisal report, I have inspected the above-referenced property which is located in the Collier County Production Park of unincorporated Collier County,Florida. L The subject property consists of a 25,265 square foot, or .58 acres site (See Site Description). The site is industrially zoned land improved with a one-story open storage building that contains a gross building and net rentable area of 5,800 square feet. The building has a pre-engineered steel frame,and the exterior walls are a slated metal.The exterior facade has a metal canopy affixed to the entranceway. The building is 100% owner-occupied,and its design is suited for single occupancy. The building and its interior finish is of fair to average quality. Per the Collier County Land Development Code,the subject property requires 11 parking spaces at 100% build out(1 space per 1,000 square feet of gross of warehouse and 275 square feet of office space). There are 11 striped parking spaces on the subject site. Pursuant to your request,the purpose of our appraisal is as follows: Estimate the market value of the Fee Simple and the Leased Fee interest in the subject property, in its current "as is"condition as of the effective date of appraisal, or October 17, 2006. The attached summary report describes the subject property and the applicable methods of valuation. The appraisal report is subject to the various contingent conditions and assumptions made throughout the report. There are Extraordinary Assumptions and limiting conditions,which are an integral part of this report. All assumptions and conclusions are based on economic conditions and market performances existing as of the effective date of the appraisal, or October 17, 2006. The subject was physically inspected on October 17, 2006. Mr.Gary Tilson Page 3 EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS a. The subject building is adjacent to 3827 Arnold Avenue. Both buildings (3827 and 3831Arnold Avenue.) share a joint access off of Arnold Avenue. It is our understanding there is no joint-access agreement between these two--properties. Therefore, valuation of the individual subject building is predicated on the hypothetical condition.The properties have a joint access agreement for ingress/egress as well as driveway easements between,and on,each -------------- _--ofthe-individual properties. b. This valuation is based on the assumption that the subject property identified as 3831 Arnold Avenue share a common driveway with 3 827 Arnold Avenue and that both parties have granted an-access easement to each individual siteFailure for these conditions to be in effect • will render this appraisal null and void. ii c. This valuation is based on the assumption that the subject property identified as 3831 Industrial Boulevard conforms to the Zoning Rules and Regulations of Collier County that are applicable to "Industrially Zoned" land with respect to parking requirements per square foot of building area. Failure to satisfy this requirement would present a non-conforming use. The appraiser reserves the right to change the value estimate should such a condition become prevalent d. The subject building was physically measured at 5,800 square feet. County records indicate the building has a total of 5,800 sf. The existing lease on the subject building indicates the property has a total of 7,000 sf. I have assumed the subject has a total gross and leaseable building area of 5,800 square feet per my on site measurements. This is a specific condition of this appraisal. I hereby certify that I have no undisclosed interest in the subject property and my employment and I� compensation are not contingent upon my findings and valuation. Geri F. Armalavage, MAI, physically inspected the subject building and site improvements. Respectfully submitted, ARMALAVAGE&ASSOCIATES,INC. Moo = Armalavage, • tat -Certified General R EAppraiser,RZ2072 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Emma Houston CEB Case No. 2007-114 Dept Case No. 2007070595 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: 2007070595 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HOUSTON, EMMA, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PERMITTED USES AND STRUCTURES. LOCATION OF VIOLATION:415 3rd ST lmmokalee, FL SERVED: HOUSTON, EMMA, 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 fofteen 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. 2007-114 DEPT. CASE NO. 2007070595 Board of County Commissioners vs. Emma Houston, Respondent(s) Violation(s): Ordinance(s) 2004-41, Collier County Land Development Code as amended, Section(s)4.02.01(A) table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) and Section 105.1 of the Florida Building Code 2004 Edition. Location: 415 S. 3rd Street, Immokalee, FL Folio # 00125880008 Description: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements. Also, both mobile homes have been illegally converted from single family units to multi-family without proper permits and both mobile homes also have additions which are unpermitted. Past Order(s): On January 24, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4325 PG 3025, for more information. The Respondent has not complied with the CEB Orders as of January 24, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4,400.00. See below. Order Item # 1 and Order Item #3 Fines at a rate of$200.00 per day for the period between April 24, 2008-May 15, 2008 (22 days) for the total of $4,400.00. Fines continue to accrue. Order Item #6 .°'``1 Operational Costs of $333.13,have been paid. 2 Retn: BERDISA RARER 4123374 OR: 4325 PG: 3025 COLLIER CODRTI CODE ERFOACEBER RECORDED in the OFFICIAL RECORDS of COLLIER COURT, IL 2800 R HORSESHOE DR CDES BLDG 01/31/2008 at 11:04118 DWIGHT E. BROCE, CLHX REC UI 205.50 RAFLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-114 vs. EMMA HOUSTON, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT P'""\ I. That Emma Houston is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 415 S.3rd Street,Immokalee,Florida 34143,Folio 00125880008,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 4.02.01(A),table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section 105.1 in the following particulars: Two mobile homes on property which are approximately 18-24 inches from the rear property line in violation of setback requirements. Also,both mobile homes have been illegally converted from single family units to multi-family without proper permits and both mobile homes also have additions which are unpermitted. 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 4.02.01(A),table 2.1, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)and the Florida Building Code,2004 Edition,Section 105.1 be corrected in the following manner: OR: 4325 PG: 3026 1. By obtaining any and all required Collier County Permits for additions to,conversions of,and placement of both mobile homes and by obtaining all required inspections and Certificate of Occupancies within 90 days(April 23,2008). 2. In the alternative,by obtaining demolition permits for the removal of both mobile homes and completing the demolition through the removal of all debris within 90 days(April 23,2008). 3. That if the Respondent does not comply with paragraph l of the Order of the Board by April 23,2008 then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by April 23,2008,then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$333.13 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of may. ,2008 at Collier County, Florida. / CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) dn. The foregoing instrument was acknowledged before me this.° day of=can L,_O- , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. f MY CO i 686595 i4 L1'\ " EXPIRES'.J ne 16,2011 NOTARY PUBLIC Fla' r emuct.uMoWrpt1Duid•ryews 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 Emma Houston,P.0. Box 1275,Immokalee,Florida 34143 this '4'i"2iay of ,2008. Stale of l Loy:1 % ;GUM of COLLIER M. a wson,Esq. Florida Bar No.750311 }` Attorney for the Code Enforcement Board �'Y.' ! HEREBY • CTlirY TH' Tehis Is a true anc' 400 Fifth Avenue S.,Ste.300 lorrect co, y Gt a'uk' >r r ie �r Naples,Florida 34102 Board MiAUt,3 as't? CO.;ier County (239)263-8206 NESS my oc i l Seal this ` + day of' Zc DWIGHT E.' BF OCK, CLERK OF COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-114 DEPT CASE NO. 2007070595 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Emma Houston,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on January 24,2008,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 permits for additions and alterations or remove any additions and alterations within 90 days or a fine of $200 per day will be imposed for each day the violation(s) continue as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4325 PG 3025. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 24,2008. /""N 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 change in condition of property.No permits applied for or issued and additions/alterations remain. FURTHER AFFIANT SAYETH NOT. Dated April 24, 2008. COLLIER COUNTY,FLORIDA COD •RCEMENT BO• /) - lor 10 NO MOP ''..4 A.:! Jo 1 tafemia Co.= 'nforcement Official STATE OF FLORIDA COUNTY OF COLLIER s>.:r affirmed d sue sc befo - me this 24th day of April 2008 by John Santafemia. Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA •� •- l;inda C. 4Vo1f (Print/Type/Stamp Commissioned ;;,„ =Comrnisgion#DD739150 Name of Notary Public) Be1v0z" ppueoDE 07,2011 /.--Personally known REV 1/9/08 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-114 vs. EMMA HOUSTON, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 24,2008,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 January 30,2008 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4325,PG 3025, et. seq.on January 31,2008. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 24,2008,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it!laving been brought to the Board's attention that Respondent has not complied with the Order dated January 30,2008,it is hereby ORDERED,that the Respondent,Emma Houston,pay to Collier County fines in the amount of$4,400 for the period of April 24,2008 through May 15,2008(22 days)at a rate of$200 per day. The operational costs 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 1 Sr day of ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: vile /-.-. ✓ '4_ e =Id LeFebvr Chair F. 2800 North H. eshoe ' .c Naples,Flori' . 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 'Se day of( ,2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ../who has produced a Florida Driver's License as ident'fication. VI 11,11 r or NOTARY PUBLIC ,,c", KRISTIN 1iCtTON _„, ;. MY COMMISSION#DD 688595 My commission expires: _ V:--41:-.: EXPIRES:June 18,2011 , 4 Bonded Thru Notary Pubic Underwdtore CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE as been sent by U.S.Mail to Emma Houston,P.O.Box 1275,Immokalee,Florida 34143 this I S'- day o ,2008. , (latAr M.Jean 'el"son,Esq. 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" ■ ...' t. r � ,r • et' li y�,. a 7c c �r n, a as � :_ +'_ ' cr ir �at _ A • C 1. Y L a _. _ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Frank Fernandez, Respondent(s) CEB Case No. 2006120290 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) GE(S)1 Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-4 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006120290 vs. FERNANDEZ FRANK, 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 C Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforce oenty Board on the following date, time, and place for the violation below: ment DATE: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation removed on an indeveloped property without obtainin the pr o required Collier County permits. 9 p per LOCATION OF VIOLATION: Folio#39658240005 SERVED: FERNANDEZ, FRANK, Respondent Jennifer Waldron, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may evidence to be relied upon for the testimony Y produce any and all documents, witnesses and fifteen copies. Alleged violators have the right to be represented hearing. an attorney. will consist of the original PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not receive d 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 hearin to include emphasis on Section Eight relating to the appeal process. g BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile 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 .'ROVISION 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.2006120290 Board of County Commissioners vs. Frank Fernandez Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 3.05.01 (B) Vegetation Removal, Protection and Preservation. Location: Folio #39658240005 (off 20th ST NE)Naples, FL Description: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. Past Order(s): On March 27, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4352 PG 1976, for more information. The Respondent has not complied with the CEB Orders as of March 27, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 4,063.99. See below. Order Item # 1 and Order Item #3 Fines at a rate of$200.00 per day for the period between April 27, 2008-May 15, 2008 (18 days) for the total of $3,600.00. Fines continue to accrue Order Item #6 Operational Costs of $463.99,have not been paid. rtr itinYb utt: 4352 PG: 1976 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEB INTEROFFICE 04/23/2008 at I0:28AK DWIGHT E. BROCK, CLERK 35,50 ATTN: BBNDISA MARKU CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006120290 vs. FRANK FERNANDEZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 27,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Frank Fernandez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located off 20th Street,N.E. ,Naples,Florida,Folio 39658240005,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code, as amended, section 3.05.01(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 N .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)corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in Collier County Ordinance 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 A OR: 4352 PG: 1977 reports will be submitted by the Respondent. This mitigation plan must be submitted within 30 days (April 26,2008). 2. By installing all plant materials in accordance with the mitigation plan within 90 days of acceptance of the mitigation plan. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 26,2008, then there will be a fine of$200 per day for each day for each day until the mitigation plan is submitted. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 90 days of acceptance of the mitigation plan,then there will be a fine of$200 per day for each day until plant material is installed. 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$463.99 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z day ofZ , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: •'i, erald LeFeb , Chair 2800 North Horseshoe D e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this21 0day of ' 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,, who is personally known to me or (Y.-who has produced a Florida Driver's License as identification. .w•<r,'% KRISTINE HOLTON W t&+ MY COMMISSION#DD 586595 N TARP PUBLIC EXPIRES:June 18,2011 My commission expires: of..... Bonded Thru Notary Public Underwriters p CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Frank Fernandez, 17150 Collins Avenue, 101-247,Sunny Isles Beach,Florida 33160 this "Z!"") ay of Cup "'O day It"" —.Led eirfr% M. ea 1awson, Esq. Florid.Far No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB_CASE NO.2006120290 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Frank Fernandez,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 March 27th,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 4352 PG 1976, et. seq. 2. That a re-inspection was performed on 5/2/2008. 3. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board has not been taken as stated in Section One of the Order of the Board. Section one 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 April 26th, 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 5/6/2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Je aldron Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER r ,�/ Sworn to(or affirmed)and su _ ibed before me this 6 C'. //l�. by j e r-' Lic/1i.---y-] 40Y .414 ign•tare of N otary Pup ic) NOTARY PUBLIC-STATE OF FLORIDA K.A. Van Sickle �„ Commission#DD618488 (Print/Type/Stamp e/Starr Commissioned �' '„'''' Expires: NOV.29,2010 l yP P BONDED THRU ATLANTIC BONDING CO.,INC. Name of Notary Public) Personally known REV 3-14-05 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006120290 vs. FRANK FERNANDEZ, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on March 27,2008,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 April 2,2008 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4352,PG 1976, et. seq. on April 23, 2008. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on May 6,2008, 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 April 2,2008, it is hereby ORDERED,that the Respondent, Frank Fernandez,pay to Collier County fines in the amount of$3,600 for the period of April 27,2008 through May 15,2008(18 days)at a rate of$200 per day, plus$463.99 for the operational costs incurred in the prosecution of this case for a total of$4,063.99. 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• Sr day of__,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA / ,/ BY: Ji[�._.% • erald LeFebvre, air 2800 North Horse oe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) i- The foregoing instrument was acknowledged before me this tS day of__ ,2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or ,/who has produced a Florida Driver's License as ide 'ficgti n. ,;�ti%tr i4 KRISTINE HOLTON NOTARY PUBLIC 1* ,a% ;.s MY COMMISSION#DD 686595 My commission expires: :+},` � - BondedxTrruuE June bilo Underwriters 4:00...• ice CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.M it to Frank Fernandez, 17150 Collins Avenue, 101-247,Sunny Isles Beach,Florida 33160 this IS I day of 2008. Iete,,,„ ?6...t_...,›6_____ M.Jean :rwson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Stets if fiDRIBA ` .. Naples, Florida 34102 3ounty of COLLIER! . (239)263-8206 I HEREBY CERTIFY THAT this is a trueai ,orrect copy of a ao wment on file to hoard Minutes. Vi t ro ,ot i oilier County MESS my ', p ofi " this day it r . f 5 )WIGHT,E` tOt,K,CLERX OF COURTS ••"a ,wi" _ — -- - as.. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Mahir Trading Corp., Respondent(s) Tamanna Chowdhury, Registered Agent CEB Case No. 2007020481 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007020481 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MAHIR TRADING CORP, Respondent(s) TAMANNA CHOWDHURY, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: GROUND SIGN WITHOUT REQURED PERMIT ,t"" LOCATION OF VIOLATION:7392 Radio RD Naples, FL SERVED: MAHIR TRADING CORP, Respondent Sherry Patterson, 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. 2007020481 Board of County Commissioners vs. Mahir Trading Corporation,Respondent(s) Tamanna Chowdhury, Registered Agent Violation(s): Ordinance(s) 04-41 as amended, of the Collier County Land Development Code, sections 10.02.06 (B)(1)(e), 10.02.06 (B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(B)(2)(d)(ix). Location: 7392 Radio Road Naples, FL Folio # 28530360108 Description: Ground Sign without required permit. Past Order(s): On February 28, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4336 PG 2745, for more information. The Respondent has complied with the CEB Orders as of February 28, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 7,500.00. See below. Order Item # 1 and Order Item #3 Fines at a rate of$150.00 per day for the period between March 31, 2008-May 20, 2008 (50 days) for the total of $7,500.00. Order Item#6 Operational Costs of $439.26,have been paid. 2 . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007020481 vs. MAHIR TRADING CORP., TAMANNA CHOWDHURY,R.A. Respondent Oq 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 cv ° 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: C3 a " Q+ FINDINGS OF FACT , 1. That Mahir Trading Corp. is the owner of the subject property. O E v x O• a 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. N o 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 7392 Radio Road,Naples, Florida,FOLIO 28530360108,more o particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land IT.; A Development Code,as amended,sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)and o 10.02.06(B)(2)(d)(ix)in the following particulars: a Ground sign without required permit. ORDER OF THE BOARD L1q C/2 p, o Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation which is attached N hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County t i~ ° Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections • a 10.02.06(B)(1)(e), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d)and 10.02.06(B)(2)(d)(ix)be corrected in the following ▪ v° m manner: 1. By obtaining all Collier County Permits and all required inspections,affixing the permit number to 7""N the sign,and receiving a Certificate of Completion within 30 days(March 30,2008). .2 OR: 4336 PG: 2746 2. In the alternative,by removing the sign,including the supporting structure,within 30 days(March 30, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 30, 2008, then there will be a fine of$150 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 March 30,2008,then there will be a fine of$150 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$439.26 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(Y}04-C.h,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RI R BY: r Gerald LeFeb ✓,Chair r/ 2800 North Hs rseshoe D've Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 9 day of jY' 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 1 .P KRISTINE HOLTON �° • = MY COMMISSION#DD 686595 NOTARY PUBLIC •.,�V EXPIRES:June 18,2011 My commission expires: •tfia Bonded Thor Notary Public Undenvntars i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mahir Trading Corp.,Tamanna Chowshury,R.A.,409 N.E.2 11d Street,Belle Glade,FL 33430 this 4-4'1/1—day of rn wick. , 2008. Stars m FLOR1UA 4` l � J1�,Jean R on,Esq. :bum,of COLLIS Florida Bar No.750311 Attorney for the Code Enforcement Board ! HEREBY CERTIFY THAT this l °tnse 400 Fifth Avenue S.,Ste.300 %drrect copy of a d4'Ct1lTl Naples,Florida 34102 • 1:�> ta '� (239)263-8206 Board Minutes and Roo s'of.,cciiier ' t 11:,NESS my hand snap-Mae seal this ..__ day of --.-c L z OWIG- E. BROCKa CLERK Q CqU€ t 1165(2- BOARD OF COUNTY COMMISSIONERS OR: 4336 PG: 2747 Collier County, Florida Petitioner, Vs. MAHIR TRADING CORP. DEPT NO. 2007020481 Respondent(s), e STIPULATION/AGREEMENT COMES NOW, the undersigned, tr1 Fikt , on behalf of himself or Mahir Trading Corp. 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 2007020481 dated the 28th day of February, 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 February 28th 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) 10.02.06[B] [1] [e] [i], 10.02.06[B] [2] [a], 10.02.06[B] [2] [d], 10.02.06[d] [ix] of the Collier County Land Development Code and are described as a ground sign without required permit. . THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$439.26 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining required permit[s] and inspections, affixing the permit number to the sign, and receiving a Certificate of Occupancy within 30 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) If the respondent does not wish to permit the aforementioned sign, then the sign shall be removed, including the supporting structure, within 30 days of this hearing or a fine of$150.00 per day will be imposed for each day the violation continues. 4) The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. "141-tfrAt/ Respondent Michelle Arnold, Director Code Enfor ement Department 0‘g E/ET Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD /...-\ DEPT CASE NO. 2007020481 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MAHIR TRADING CORP.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Sherry L. Patterson, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on February 28, 2008, the Code Enforcement Boa o a held a as hearing stated in the Order recorded ainotl the styled matter and stated that Defendant(s) was to abate records of Collier County,Florida in OR Book 4336 PG 2745, et. seq. 2. That the respondent N.contact the investigator. 3. That a re-inspection was performed on 5-20-08. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by removal of the sign and the supporting structure.. FURTHER AFFIANT SAYETH NOT. Dated May 21st , 2008. COLLIE' Fa,41 ■ FLORIDA CODE ' 'VT,MENT BOARD Sherry L. Patterson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw.m t, or affirmed) ••= •.scribed •efore me this 21ST day of May,2008 by She L.Patterson. joe11 / Si• ature of Notary Public) / (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) Linda C, Wolfe Commission#1)0739150 -„„,,,,,,'Expires; DEC.07,2011 ,personally known 4 BOIWCJ3 mint AThANTIO BONDING CO INC. /n CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007020481 vs. MAHIR TRADING CORP., TAMANNA CHOWDHURY,R.A. Respondent ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE cane on for public hearing before the Board on June 26,2008,on the Respondents' Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the following(a)the gravity of the violation;(b)actions taken by the Respondents to correct the violation;(c)whether there were previous violations committed by the violator;(d)the cost upon the violator to correct the violation;(e)the reasonable time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fine. 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 2745, et. seq.on March 7,2003. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on April 7, 2008,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it;laving been brought to the Board's attention that Respondent has complied with the Order dated March 7,2008,it i:;hereby ORDERED,that the Respondent's Motion to Reduce/Abate Fines is GRANTED. IT IS ORDERED that the Respondent,Mahir Trading Corp.pay to Collier County a reduced fine in the amount of$1,500 for the period of March 31,2008 through May 20,2008. The operational costs incurred in the prosecution of this case:have been paid. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this tsr day of „ .,,2008 at Collier County,Florida. CODE Q,ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA B . .� erald LeFebvr-,C air 2800 North El, eshoe D e Naples,Flo • a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this N"—day o 1111WIL ,2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓who has produced a Florida Driver's License as identification. ..v,,,,,•,, KRISTINE HOLTON NOTARY PUBLIC s MY COMMISSION II DD 686595 ? •�� ? EXPIRES:June 19,20 i 1 My commission expires: Bonded'Nu Notary Public Underwr,,or CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Mahir AL:in� Corp.,Tamanna Chowshury, R.A.,409 N.E.2"d Street,Belle Glade,FL 33430 this 1's day of ,2008. • /7 Szee ,, i M.Je• wson,Esq. Florida :ar No.750311 State OT FLORIDA 4.."?4,47-W,61,1 Attorney for the Code Enforcement Board ;awry of COLLIER 400 Fifth Avenue S.,Ste.300 • c d`i'd? Naples,Florida 34102 1 EREBY C R"T}FY THAT 41'$Is$true>> (239)263-8206 -orrect comi,ot a document ofLfile M 3oard MinJes and Recor�as o� onier Count r g y n e-d c-i-/Icialsessi this air Qf 13t )WIGHT E. BREX ,,;CL RK OF COURTS Dv/ ®. . , .r, f'"°\ /d4N TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. A. L. Petroleum, Inc., Respondent(s) Arthur H. Lennoz, Registered Agent CEB Case No. 2007040340 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: 2007040340 COLLIER COUNTY, FLORIDA, Plaintiff, vs. A L PETROLEUM INC, Respondent(s) ARTHUR H. LENNOZ, As 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: POLE SIGN ALTERED WITHOUT REQUIRED PERMIT, AND IS NOT MAINTAINED IN GOOD REPAIR. LOCATION OF VIOLATION:8900 Davis BLVD Naples, FL SERVED: A L PETROLEUM INC, Respondent Sherry Patterson, 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"-ft■ (239)252-2343 Facsimile IF YOU ARE A PERSON VNTH 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. 2007040340 Board of County Commissioners vs. A.L. Petroleum,Inc,Respondent(s) Arthur H. Lennoz, Registered Agent Violation(s): Ordinance(s) 04-41 as amended, sections 10.02.06 (B)(1)(e), 10.02.06 (B)(2)(e), 10.02.06 (B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(B)(2)(d)(ix) of the Collier County Land Development Code and 2004-58, sec. 16(1)(n)(3), 16(2)(j) of the Property Maintenance for the unincorporated area of Collier County. Location: 8900 Davis Blvd Folio #28530360108 Description: Pole sign altered without required permit and is not being maintained in good repair. Three banners attached to the canopy without required permits. Two wall signs without required permits. Past Order(s): On January 24, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4325 PG 3066, for more information. The Respondent has not complied with the CEB Orders as of January 24, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 2,100.00. See below. Order Item # 1 and Order Item #3 Fines at a rate of$100.00 per day for the period between April 24,2008-May 15, 2008 (21 days)for the total of $2,100.00. Fines continue to accrue Order Item #6 Operational Costs of $573.86,have been paid. 2 Retn: BEMDISA HARD 4123378 OR: 4325 PG: 3066 COLLIER CODRTI CODE EEFORCEMEM RECORDED in the OFFICIAL RECORDS of COLLIER COURT, FL EEC FEE 61.00 2800 1 HORSESHOE DR CDES BLDG 01/31/2008 at 11:04AM DWIGHT E. BROCE, CLEEE EAFLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007040340 vs. A.L.PETROLEUM,INC., Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That A.L.Petroleum,Inc.is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8900 Davis Blvd.,Naples,Florida,Folio No.34740160001,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d),and 10.02.06(B)(2)(d)(ix);and Collier County 2004.58,Property Maintenance for the Unincorporated Area of Collier County,sections 16(1)(n)(3)and 16(2)(j)in the following particulars: Pole sign altered without required permit and is not being maintained in good repair. Three banners attached to the canopy without required permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(e), 10.02.06(B)(2)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(e)(d),and 10.02.06(B)(2)(d)(ix);and Collier County 2004.58,Property Maintenance for the Unincorporated Area of Collier County,sections 16(1)(n)(3) and 16(2)(j) be corrected in the following manner: 2 OR: 4325 PG: 3067 I. By obtaining all required Collier County Building Permits,Inspection,and Certificate of Completion for all signs within 90 days(April 23,2008). The permit number is to be affixed to the sign at the time of CO. 2. In the alternative,by removing all non-permitted signs including supporting structures within 90days (April 23,2008). Should a wall sign be removed,removal is to include any shadowing that may be created. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008 then there will be a fine of$100 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 April 23,2008,then there will be a fine of$100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$573.86 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 30 day of ,2008 at Collier County, Florida. I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: %L Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 30 day of 3aru. a r , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is y personally known to me or 7 who has produced a Florida Driver's License as identification. MIME HOLTON A At1'COMMISSION rt DO 686555 ' '""'•l��'�'- __"��'� NOTARY PUBLIC r EXPIRES: e 18,201 t Jun &Mednn,WON Pair Unden n 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 A.L. Petroleum,Inc.,Arthur H.Lennox,Reg.Agent,8900 Davis Blvd,Naples,FL 34104 this )'day of drtr% ,2008. i)32-24-7,state of FLORIDA M.Je awson,Es q. : ern&of COLLIER Florida Bar No.750311 Attorney for the Code Enforcement Board HEREBY CERTIFY THAT•this Is a true and 400 Fifth Avenue S.,Ste.300 Correct copy:-of a.cocUrnent oft tfile to Naples,Florida 34102 3oard Minikes an R :3::s oUCol1ler County (239)263-8206 NP44SS thy h na ono pE,ic i^, saai this . cayf )WIGHT E. BROL K, CLcR •OF COURTS ulNii,rLVK11JA CODE ENFORCEMENT BOARD DEPT CASE NO. 2007040340 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner Vs. AL PETROLEUM,INC Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority,personally appeared Sherry L. Patterson, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 24,2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4325 PG 3066. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 4-29-08. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: ground sign, canopy signs,and wall signs remain without required inspections and Certificate of Completion. FURTHER AFFIANT SAYETH NOT. Dated:April 29,2008. COLLIE ��:/ • •i1)A CODE ! ii ►y I NT BOARD 41( She L.Patterson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirme.)and • cribed before me this 29th day of April 2008 by Sherry L.Patterson. �� i, Lr� / ign• e of Notary Public) (Print/Type/Stamp Commissioned \OTARY PUBLIC-STATE OF FLORIDA Name of Notary Public) "' K.A. Van Sickle Commission#DD618488 Personally known �`Expires: NOV.29,2010 BONDED THRU ATLANTIC BONDING CO.,INC. REV 1/9/08 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO,2007040340 vs. A.L.PETROLEUM, INC., Respondent CORRECTED FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD Nunc pro tunc THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That A. L. Petroleum,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8900 Davis Blvd.,Naples,Florida,Folio No.34740160001,more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(BXIXe), I0.02.06(BX2)(e)(i), 10.02.06(BX2)0a,,, 10.02.06(B)(e)(d),and 10.02.06(B)(2)(d)(ix);and Collier County 2004.58,Property Maintenance for the Unincorporated Area of Collier County,sections 16(lxn)(3)and 16(2)(j)in the following particular;: Pole sign altered without required permit and is not being maintained in good repair. Three banners attached to the canopy without required permits. Two wall signs without required 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 I 0.02.06(B)(1)(e), 10.02.06(BX2)(exi), I0.02.06(B)(2)(a), 10.02.06(BXexd),and 10.02.06(BX2)(d1(ix);and Collier County 2004.58. Property Maintenance for the Unincorporated Area of Collier County,sections 16(l)(n)(3) and I 6(2)(j) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits,Inspection,and Certificate of Completion for all signs within 90 days(April 23,2008). The permit number is to be affixed to the sign at the 1 ime of CO. 2. In the alternative,by removing all non-permitted signs including supporting structures within 90days (April 23,2008). Should a wall sign be removed,removal is to include any shadowing that may be created. 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 23,2008 then there will be a fine of$100 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 April 23,2008,then there will be a fine of$100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has bee i abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$573.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. D NE AND ORDERED this 30th day of January,2008 at Collier County,Florida and re-signed this Ir day of _,2008, nunc pro tunc. CODE ENFORCEMENT BOARD COLLI R COUNTY F t R); BY: air / .10/11 At i erald LeFeb ,Chai f 2800 North •orseshoe D• ,e Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day o , 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida, o personally known to me or ✓who has produced a Florida Driver's License as identification. ,",., I(RI$TINE ION HOLTON My QAFOMI93 q DD 888595 NOTARY PUBLIC i P EXPIRES:June 18,2011 My commission expires: ' Bonded Thru NonrY Public Unckry"" CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A.L. Petroleum, Inc.,Arthur H.Lennox,Reg.Agent,8900 Davis Blvd,Naples, FL 34104 this 1St' 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 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007040340 vs. A.L.PETROLEUM,INC. Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 24,2008,after due notice to Respondent at which tima the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on January 30,2008 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4325,PG 3066, et.seq.on January 1,2008. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on April 29,2008,which Affidavit certified under oath that all of the required corrective action had not been taken as ordered (wall signs),although the Respondent had partially complied. The Respondent is now in full compliance. Accordingly,it having been brought to the Board's attention that Respondent did not fully comply with the Order dated January 30,2008,it is hereby ORDERED,that the Respondent,A.L.Petroleum,Inc.,pay to Collier County reduced fines in the amount of $750 for the period of April 24,2008 through June 25,2008. The operational costs incurred in the prosecution of this case have been paid. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. T DONE AND ORDERED this I day o ,2008 at Collier County,Florida. DE E FORCEMENT BOARD COLLIER COUNTY,FLORIDA BY - Gerald LeFebvr ,Chair 2800 North Horseshoe Dri e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 'ST day of 2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as ide tification. " MY COMMISSION ADD 686595 NOTARY PUBLIC` .� _ EXPIRES:Jupu , u2 � My commission expires: _ .'��R��`' Bonded Thru Notary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to A.L Petroleum,Inc.,Arthur H.Lenox,R.A.,8900 Davis Blvd.,Naples,FL.34104 this 15'1- day of_ , 2008. M.Je wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 Kn r„UPS.- ; (239)263-8206 !aunty of COLLIER HEREBY,9gRTtf T T`th s Is s ttnudtW !went coley of a cioctimant oitf ite in :ioard Menu tap aito Recoros of CQWer Count) iafss my f, ' o official i this .-oay of 'WIGHT E. BROGK;,C$RK OF COURTS sitt AAA ..et,e15Q,„„Low, OA. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Cynthia Aurelio Markle CEB Case No. 2006060005 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006060005 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARKLE, CYNTHIA AURELIO, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Violation of Interior non-permitted construction LOCATION OF VIOLATION:4442 Wilder RD Naples, FL SERVED: MARKLE, CYNTHIA AURELIO, 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 CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006060005 Board of County Commissioners vs. Cynthia Aurelio Markle Violation(s): Ordinance(s) 04-41 as amended, of the Collier County Land Development Code, sections 10.02.06 (B)(1), 10.02.06 (B)(1)(a), 10.02.06(B)(1)(d), (as renumbered 10.02.06 (B)(1)(e), & 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i), and the Collier County Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5, 106.1.2, Florida Building Code 2004 Edition Section 105.1, 105.7, 111.1. Location: 4442 Wilder Road,Naples, FL 34105 Description: Violation of interior non-permitted construction Past Order(s): On January 24, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4325 PG 2995, for more information. The Respondent has not complied with the CEB Orders as of January 24, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 16,620.05. See below. Order Item # 1 and Order Item #3 Fines at a rate of$100.00 per day for the period between February 8, 2008-May 21, 2008 (103 days) for the total of$10,300.00. Order Item #2 and Order Item#4 Fines at a rate of$100.00 per day for the period between March 23, 2008-May 20, 2008 (60 days) for the total of $6,000.00. Order Item #6 Operational Costs of $320.05,have not been paid. Retn: BENDISA MARKU 4123366 OR: 4325 PG: 2995 COLLIER COUNTY CODE ENFORCEMEN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR CDES BLDG 01/31/2008 at 11:04AM DWIGHT E. BROCK, CLERK REC FEE 27.00 NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006060005 vs. CYNTHIA AURELIO MARKLE, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2008,and the Board,having heard testimony under oath,received evidence, and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Cynthia Aurelio Markle is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4442 Wilder Road,Naples,Florida 34105,Folio No.67790640001, more particularly described as Family Unit 19,Pinewoods Condominium Unit Two,according to the Declaration of Condominium thereof,recorded in Official Records Book 831,Page 1376,of the Public Records of Collier County, Florida,together with an undivided interest or share in the common elements appurtenant thereto,and any amendments thereto is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(1), 10.02.06(B)(I)(a), 10.02.06(B)(1)(d)(as renumbered I0.02.06(B)(1)(e)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i);the Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5, 106.1.2,and the Florida Building Code 2004 Edition,Section 105.1,105.7 and 111.1 in the following particulars: Violation of interior non-permitted construction. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, sections 10.02.06(B)(I), 10.02.06(B)(1)(a), 10.02.06(B)(1)(d)(as renumbered 10.02.06(B)(1)(e)and 10.02.06(B)(1)(d)(i)(renumbered as 10.02.06(B)(1)(e)(i);the Collier County Code of Laws and Ordinances, Section .3. OR: 4325 PG: 2996 22,Article II, 104.1.3.5, 106.1.2,and the Florida Building Code 2004 Edition,Section 105.1,105.7 and 111.1 be corrected in the following manner: 1. By applying for and obtaining all required Collier County Building Permits for any and all improvements and alterations or apply for and obtain a demolition permit for the removal of all unpermitted improvements to this property within 14 days(February 7,2007). 2. By obtaining all inspections and Certificate of Occupancy and/or Certificate of Completion for all non- permitted structure/improvements on the property within 60 days(March 22,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 7, 2008 , then there will be a fine of$100 per day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 22, 2008,then there will be a fine of$100 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$320.05 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 30 day of ,,,,,, ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.i'X;7 'day of-711..4Tit ._r`' , 2008,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or ,----"Who has produced a Florida Driver's License as identification. NOTARY PUBLIC •4�+Y'P,�� t(RtS11NE HOLTON My commission expires: `5.t MY COMMISSION#DD 686595 y p ��.P EXPIRES:June 18,2011 %�,4,1,y;:•• Bonded Thru Notary Pubtc Underwriters 01 11J iLr`r+ r.. l ,u,,,'12�.� t ..•. e *** OR; 4325 PG; 2997 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Cynthia Aurelio Markle,4442 Wilder Road,Naples,Florida 34105 this .3Q4 r'day of � t^. ,2008. M.Jean Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 S. COLLIER COUNTY,FLORIDA "' CODE ENFORCEMENT BOARD • CEB CASE NO.2006060005 n DEPT CASE NO. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cynthia Aurelio Markle,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 1/24/08, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate the violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4325 PG 2995. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 2/11/08 and violation was not corrected. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Onwer was to apply for and obtain required Collier County Building Permits for any and all improvements and alterations or apply for and obtain a demolition permit for the removal of all unpermitted improvements to this property within 14 days. FURTHER AFFIANT SAYETH NOT. Dated 2/12/08. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT B! D 1111111j/ enald Paul Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swor'n to(or aff edd)and subscribed before me this 12th day of February 2008 by Renald Paul. Lttctu Q J 1C1� (Signature of f No Public) NOTARY PUBLIC-STATE OF FLORIDA I1 ;; Shirley M. Garcia Commission#DD501305 (Print/Type/Stamp Commissioned -Expires: DEC.21,2009 BONDED THRU ATLANTIC BONDING CO.,INC. Name of Notary Public) ,�Personally known I REV 1/9/08 /n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006060005 vs. CYNTHIA AURELIO MARKLE, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 24,2008,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 January 30,2008 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4325, PG 2995, et. seq. on January 31,2008. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on February 12, 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 January 30,2008, it is hereby ORDERED,that the Respondent,Cynthia Aurelio Markle,pay to Collier County fines in the amount of $10,300 for the period of February 8,2008 through May 21,2008 at a rate of$100 per day,plus fines in the amount 01 55,900 for the period between March 23,2008 and May 21,2008,plus$320.05 for the operational costs incurred in the prosecution of this case for a total of$16,520.05. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this day o ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: 11 / /Gerald LeFeb e, Chair 2800 North Horseshoe D e Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this SST day of ,2008,by Gerald LeFebvre,chair of the Code Enforcement Board of Collier County, Florida,who is rsonally known to me or V who has produced a Florida Driver's License as identi ication. KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 ef,1 F Bonded Thni Boer/Pubhc Underwnters me—, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Cynthia A. Markle,4442 Wilder Road,Naples,Florida 34105 this ►S r day of , 2008. M.Jea /awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 � 3h9)263-8206 State at FLORIDA .r • :ounty of COLLIER I HEREBY CERTIFY THAT this Is a true III :orrect copy-±at a aocumewt on tile in Board Minutes arytlierlorost,or Collier Count) ,$ my piaayaofi 1this day )WIGHT E. pROGK,,CLERK OF COURTS �T• t � !� (I;(I • ,fib -�1.il.�llr� �f Memorandum r'1 To: Jeff E. Wright, Assistant County Attorney From: Michelle Arnold, Director Date: June 26, 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 fmes have not yet been paid and it has been three months or more since the fmes have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. HEARING COMPLY BY TOTAL$ STATUS RESPONDENT CEB# DATE DATE TOTAL FINE OP.COST DUE N=Non/C=Comp Homestead County Abatement Cost LAST RECHECK Albert Houston,SR 2007-63 7/26/2007 8/27/2007 $22,200.00 $513.21 $22,713.21 N N Albert Houston,SR 2007-64 7/26/2007 8/27/2007 $23,500.00 $513.21 $24,063.21 N N Eduardo and Maria Rodriguez 2007-80 8/23/2007 12/21/2007 $1,000.00 $0.00 $1,000.00 C 2/28/2008 Y ' ?Ce0y& /6: '' '''''' ' :4'''''''''''''''''''',*#/#0''‘;,,,,,,,,Wk.4,4;;;Z::i;i,J:::.!':,4;it;;:;':''';;:.:;•2::::::::::::::1:■, :!' ' '''''''''' '''."-,.'4,-:.'''''',',■,,„,-,*,.,,,,,I,,,,,,,,,,,*:;;,*4---iwtrls.r.r.,:„. ,...' - „,:,-,,,'-,'-'::::„ ;::'-'-5-„,,''':::'-',.:„--,:ii:,',:',„-„,:,:,!:„:1-1,`,:',',i,',.41,1tflftil,trj,f!..,..'„,- . - r• ,-.., . , . . . . .. ., ..„ ,... ., i1, - .„.„ „„ .. ..0,, „ . '-'- .:::::':,-;•:,..,.:,..; • 4'1.., : . ... ,5„,„; .,,,„•,,,,.: N;t1o..a i ', ::' .,. i." ., ,1614.f.'110$141. . 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' .mi aaz y Y f aA w F e5 1i z f!,$ .. fey ; ::` 1' a `y6'.fi wlWpti°. 4 f R - y w �. .. °x. . m , y ?6`fia#�: '4, f£ "4. « a Yy i ii f t E ' I ifr L L. I -- t , y j Mkt s ;a . it t i { i 0 ,.... ..,,„ -- r§ CI 8 vim . . Z.O. 20410 evfgf 383 % A 4,, Thank you for your help. We have initiated a "no-permit" case and have informed the owner of your requirements. Tomc From: harrison_g Sent: Tuesday, September 25, 2007 1:45 PM To: campbell_t Subject ect 3831 Arnold Ave. Tom, This structure in reference appears to have been remodeled without obtaining the appropriate permits. Tim Stick our building inspector visited the site with you last week. Permits would have to be obtained in order to bring this structure back into compliance. When the engineer or architect submits his drawings for permit, they will also have to give us a structural analysis of all work completed. They will also have to provide us with a letter stating that the work that is completed is in accordance with PBC 2004 w/2006 supplements and show all design corrections. It would be up to their design professional to make a statement to the fact that the structure is unsafe for use as a work area. The structure in its present does not appear to be unsafe, only a design professional can make that statement. Gary L. Harrison Chief Building Inspector COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007090454 Board of County Commissioners, Collier County, Florida vs. A.M.G. Properties Inc., Respondents Violation of Section(s) 10.02.06]B][1][a] and 10.02.06[B][1][e][i], , 04-41, The Land Development Code, as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007090454 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 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007090454 vs. AMG PROPERTIES, INC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 AMG Properties is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by postings 4. That the real property located at 3831 Arnold Avenue,Naples,FL,Folio 00278360006,more particularly described as (see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)in the following particulars: Construction/additions/remodeling done without proper permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a)and 10.02.06(B)(I)(e)(i)be corrected in the following manner: I. By obtaining permits for all unpermitted construction/remodeling/additions of office space on property and obtaining all inspections through certificate of completion within 120 days(October 24,2008). 2. In the alternative,by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions within 120 days(October 24,2008),restoring the building to its original permitted state,and removing all construction waste 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 October 24, 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 October 24, 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 and all construction waste has been removed to the appropriate site for such disposal. 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$502.49 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ISr day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:�! _. erald Lefebvr=,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this tS day o 2008, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,who personally known to me or who has produced a Florida Driver's License as identification. 0mrt; IffiISTINE HOLTON NOTARY PUBLIC MY COMMISSION DD 686595 My commission expires: - = EXPIRES:June 18,2011 `Z,r:f,h Bonded Diu Notary Underwrders CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A.M.G. perties, Inc.,Jose A.Garcia, R.A., 7301 SW 57th Court,Suite 500,South Miami, FL 33143 this ISr' day of ,2008. 717? , it7 M.Jea wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Nmommommilm ,.yp'U,c.rc • • .. ��y ' 2190750 OR: 2319 PG: 2840 moms 11 OTPICIIL 11C0111 of COLLIU COIRT, ft 11/15/51 at 11:211M/IIQ?1. 11M1, 01111 Property Appraiser's COW 21511$.11 tic/II 11.51 Parcel Identification No. 0278360006 OOC-.71 1555.11 Iota: Prepared by: ECWL 1 IOYAC MICHAEL P. HORNUNG, ATTORNEY AT LAW 11515 11LL tom Di SR 3/1 13515 BELL TOWER DRIVE, SUITE 300 1T 11151 PL 33517 FORT MYERS, FLORIDA 33907 125-97 (Space above this line for recording data.) WARRANTY Di=D (STATUTORY FORM - SECTION 699.02, r.S.) TEES INDENTURR, made this 30th day of May, 1997, Between MIRE HOLTON, as GRANTOR*, whose address is 6095 Waterway Bay Drive, Fort Myers, Florida 33909, and A.N.O. PROPERTIES, INC., a Florida corporation, as GRANTER', whose address is c/o Jose A. Garcia, President, 3510 N.W. 60th Street, Miami, Florida 33142; NITNRSSETH that said Grantor, for and in consideration of the sum of TEN AND NO/300'5 DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier Coun n- - da, to-wit: SIX EXEISIT 'A• ATTACH •'. .•. • '• CQ ED HMSO, BY REFERENCE. SUBJECT TO easements, ss ictions and reserve moons of record, and property taxes for the curren y r _ THIS IS NOT NON, // . "� T�'rr.,,. L1; PR• KRSY Or GRANTOR, EIS ( SPOORS OR FAIRLY, R T rT 4 � 1 and said Grantor do re- fu • wa •, o said land, and will defend the same age the lawful clai 1 sons whomsoever. •"GRANTOR" and "G " are used fo -+`` • 1 � plural, as context requires. Tr)� IN WITNESS WRERROP, Grant' - �ttor's hand and sea �'„� �� seal the day and year first above written. CI9- Signed, sealed and delivered in our prese . .(_/li61 Signature of itness MIKE HOLTON Print Name,... 21Cy/ti C'O✓/NS Cite 1,14.4.0 d.i 1 1„,,,,t,4._. Signature of Witness Print Name sSan h' ✓ n,'C STATE OF FLORIDA ; COUNTY 02'... -• The foregoing instrument was acknowledged before me this a)day of May, 1997, by MIKE HOLTON, who is a y knowri to-me, or who produced __--) as identification. My commission expires: )77a OTARY OOTARY PUBLIC 40 011laai NOTARY UAL I R .Y1$OOMM . C Mr a°001'"reNN: of R u1K iS•±5!!_ r EXHUME OR: 2319 PG: 2841 *It SEE EXHIBIT 'A'ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. Commencing at the North 1/4 corner of Section 36,Township 49 South, Range 25 East,Collier County, Florida;thence along the North line of said Section 36,S89'2444'W 661.75 feet for the Place of Beginning - of the Parcel herein described;thence S00'38'55"E 229.23 feet;thence S89'21'02'"W 110.33 feet;Thence N00'35'58"W/229.35 feet to the North line of said Section 36;thence along the North line of said Section 36, N89~2444"E 110.30 feet to the Place of Beginning; being a part of the Northwest 1/4 of -n'•.� •,Township 49 South, Range 25 East,Collier County •• 1 '. . as Parcel 12, of Block 8,of Naples Ind ` . ■ .''��,, •• - Recorded, being part of the North 1/W, 'orthwest 1/4 0��!'i Township 49 South,Range 25 ', -j'ier County, Florida, tog er p ty' improvements theret• 09 all (•• CC 0 1! V C5) -111E CMC • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Caribe Investments of Naples, Inc., Efrain and Marie Arce,Respondent(s) CEB CASE No. 2007030836 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-15 Deed 16-17 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007030836 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CARIBE INVESTMENTS OF NAPLES, INC EFRAIN AND MARIE ARCE, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermited removal and erection of separation firewalls in order to expand the space of one unit and reduce the space of another unit. LOCATION OF VIOLATION: 12275 Collier BLVD Unit:1 Naples, FL SERVED: CARIBE INVESTMENTS OF NAPLES, INC Respondent Robin Ganguli, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 �.� (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007030836 Caribe Investments of Naples Inc. Efrain&Marie Arce,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, sections: 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),& 10.02.06(B)(1)(e)(i),&Florida Building Code 2004 Edition,sections 105.1& 105.7. 2. Description of Violation:Unpermitted removal and erection of separation firewalls in order to expand the space of one unit and reduce the space of another unit. 3. Location/address where violation exists: 12275 Collier Blvd.Naples,FL.34116 4. Name and address of owner/person in charge of violation location:Efrain&Marie Arce 5. Date violation first observed:March 29',2007 6. Date owner/person in charge given Notice of Violation:March 29',2007 7. Date on/by which violation to be corrected:April 19111,2007 8. Date of re-inspection: April 24th,2007 9. Results of Re-inspection:No permits applied for. 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 21 day of March, 2008 / Rob Ganguli Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to A!! affirmed) subscribed .fore this 21st day of March,2008 by Rob Ganguli. - / I_ ature of Notary Public) ' (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X2C or produced identification Type of identification produced NOTARY PUBLIC.STATE OF FLORIDA Linda C. Wolfe Commission#DD739150 ,,,''''Expires: DEC.07,2011 BONDED THRII ATLANTIC BONDING CO.,INC. REV 3-3-05 2. Case Number ,3.06--,T e aG [,... COLT,TF,R COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION / - pondent lI`I G. i,!�I;;�S ia�lEi�� F i3 0wSDate: 3 49'4!:3 -- Investigator t� `�G3 ‘3'-13 • h . 6.;i,.iJ G u L I . Phone: 239- im11r-• qtr-a.A.iki M:4cIE q Lte. Zoning Dist I vMP ce..srA '6(CAALSec Twp 4? Rag ol.fo Mailing: l A-''7 Cet..L..i Ea- ,..-V a :' iZ{ Legal: Subdivision Block 4q Lot ,q C �,t, lJAiLES m L. 3Lfi[i✓ 33•Location: i A}Z,5 i,esi I___I 1:l; p, h Folio OR Book Unincorporated Collier County }� �coot, i 5s-7 q. Page X44 Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge, alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official'and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(11)(1) 2105.7 The building permit or copy shall be kept on the site of the work Building or land alteration permit and certificate of occupancy until the completion of the project. 010.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building permit(s),inspections,and certificate(s)of occupancy,etc. 111.1 Connection of service utilities. No person shall make connections from a utility,source of energy,fuel or power to any building or system that is 2r10.02.06(B)(I)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other ��'applicable county regulations. 010.02.06(B)(1)(e)(i)In the event the improvement of property,construction of any type,repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Order to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II Apply for and obtain all permits required for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, OMust request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or certificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.112 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: 'VI q/01- certification of a one or two family dwelling unit on the same property,the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with I) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforceme Board review that may result in fines up to$1000 per day per viol:.. as long as the violation remains, and costs of ❑104.135 Prohibited Activities prior to Permit Issuance. A building permit pr.-yyirm± (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- Z� d 7 vegetation,etc.)shall have been issued prior to the commencement of work at Respo .""r.s Signal the site. Activities prohibited prior to permit issuance shall include, but are Date not limited to, excavation pile driving (excluding test piling), well drilling, _ d., formwork,placement of building materials,equipment or accessory structures Investigat.r's Si! .. re Date ' ' id disturbance or removal of protected species or habitat,etc. ) ction 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. 2 Notice of Violation Original to File Cony to 12 esnondent ('tins/for Cif.Arsot;,,,, -. --'- -.-. 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 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 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A2. 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. 44 a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order.from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. in the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require.:the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. a. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp.No.2 LDC1 0:86 Florida Building Code 2004, Building L.FLORIDA iirBU�■I�L■,DING 161-4A i;r 19 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. e• 1LIL V 1 r LrUvu 11, Page 1 of 7 - PERMITS. SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit. As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://infosolutions.com/icce/gateway.d11/3/8?f=templates$th=document-frame.htm$3.0$q... 3/23/2007 , rA-i iuir IUD rr,tCivlt i Page 2 of / 3. Portable cooling unit. 4. Steam, hot or chilled water piping Within any heating or cooling equipment - regulated by this code. 5. Replacement of any part which does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 VV) or less. 8. The installation, replacement, removal or metering of any load management control device. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Reserved. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of http://infosolutions.com/icce/gateway.dlU3/8?f=templates$fn=document-frame.htm$3.0$q... 3/23/2007 r., Jl:l.11v1v 1V.) ri 111v11 13 t'age.s or / the Florida Building Code , the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits , the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, state community college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency n which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000. 2. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000. 3. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. A Contractor I, Contractor II, or Contractor IV, certified under Section 633.521 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 4. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. http://infosolutions.com/icce/gateway.d11/3/8?f=templates$fn=document-frame.htm$3.0$q... 3/23/2007 I I ✓L�11 V 11 1 t..J 1 L1L11.111 U rage 4 or An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition-which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of$50,000 or less; and when a 15-ton- per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. It therefore could not be designed by a mechanical or air conditioning contractor. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $50,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 5. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefor unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to http://infosolutions.com/icce/gateway.d11/3/8?f=templates$fn=document-frame.htm$3.0$q... 3/23/2007 ■ _u.a-._ • rage oori receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete,the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.4 Conditions of the permit. 105.4.1 Permit intent . A permit issued shall be constructed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date if issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process. http://i n fosolutions.com/icce/gateway.d11/3/8?f=template s$fa=document-frame.htm$3.0$q... 3/23/2007 -- __ _ rage 001 / 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. Upon approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, http://infosolutions.com/icce/gateway.dll/3/8?f=templates$fn=document-frame.htm$3.0$q... 3/23/2007 U1:L,1 lvly 1 v.) r Dltivll 1 J Page 7 of 7 provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. http://infosolutions.com/icce/gateway.dlU3/8?f=templates$fn=document-frame.htm$3.0$q... 3/23/2007 /4 /'..„, • 01752288 11113ICT22 MI 843 1877 000249 c 1L ER COUI TY RECORDED art BOOK PAGE: Thus Instrument Prepared , Pared $Y .. • Panlich III, Rsq. GEC 'aulich O'Hara a Slack, P.A. FR!d��'' 150 Goodlette Road, Sixth Floor ' " •les, FL. 33940 tNt--- :ND-- Parcel I.D. Number(s): 35778600008 QO►145 {Sis.caantee(s) Tax Z.D. 4: PSTPAWIION 014Y PACK rwomiaTIO[PROVIDED HT GRANTOR Alm WITHOUT 1561116ZIT Or TITLE SEARCH OR OPINION THIS'10s6ANST D6>Ba made the 18th day of October ', 1993, by JOHN PAW.ICH and JOSEPHINE PAOLICH, husband and wife, hereinafter called the • CARIRR •.‘-•. 0 f n Qaloz da orporation, an 82i interest -•. "1•% ARCS and '•,-- husband and wife, an 14 ?, -• whose postoff e a. as iss 1833 Isle of Capri Road �"' `den Cate, Florida 3399' hereinafter all=.• th=-. , ' ion f the sum of $10.�b0 - - io e wile =•f is hereby acl(now1 '•• • an •a • s 1- al ens, �� remises, 1--- , •• c•.f • h f _ all that certain 1 al- •11 er Co.,•:, oridal \ ) '. She • 0 '>..... t 2 7 30 ock 74, r• i� te, Unit Two, as --•• . • in -t s Page ES, of Records of Collier'7. ,ty, llorl.ds,' all the teneiea-->,�. n and appurtenances '• belonging or in . To Have • • .•, the same in fee simpl>q ,orcf . And the Gran • •.'f'-•, •.+ -•- is w. s i Czz--'tee that the Grantor is lawfully iz i• •le; that the Grantor has good right -u,•- i • • -- I and convey said land; that the Grantor h- -• t -• - -e title to said land Fecetaed e...65 -1:41::•".7.4.44-,Stn:,:Tax Si_(_ - r1J x i // • 1877 000250 iht SOOG PACE; and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumberances, except taxes accruing subsequent to December 31, 1992; and subject to all easements, restrictions and reservations of record. In Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed a delivered in our presence: • W tress Signature �.- JOIDI PAULI= .•--- --J uer Witness Printed Name / ,L — �G 1 WL.,r!"rs_.�'� „i�a� )-�-'R .0 .. •. jICE Witnes Printed - - 0 4� STATE OF 1!i/6S courrr OF - 727 gem. ..- i The fo •- •. , , , . was aclrnowledg before t -s day of Oct••=r, 1 93 by John P nd Jose Paul, b, h--band•produce ABA.�j� i 1 y ) did as idmtifica 'on. eirriptnelArj My Camtissi 1:\e - �� N ....y..... !`` dill; n csr rN y C19 C\ 177 PI OSA RoarRt COLLIER CO fi t. ORI mod E. • • • • • • P.1 /(, • _ COLLIER COUNTY CODE ENFORCEMENT BOARD - Board of County Commissioners, Collier County, Florida vs. Caribe Investments of Naples Inc. Efrain&Marie Arce Violation of Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), &10.02.06(B)(1)(e)(i), of Ordinance 2004-41 as amended,the Collier County Land Development Code. Rob Ganguli,Code Enforcement Official Department Case No.2007030836 DESCRIPTION OF VIOLATION: Unpermitted removal and erection of separation firewalls in order to expand the space of one unit and reduce the space of another unit. RECOIVIIVIENDATION: 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 a Collier County Building Permit, all required inspections, & Certificate of Occupancy/Completion within 120 days of this hearing, of a fine of $200.00 a day will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, Certificate of Occupancy/Completion, and restoring the structure to it's originally permitted condition within 120 days of this hearing, or a fine of $200.00 a day will be imposed for each day any violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007030836 Caribe Investments of Naples, C/O Efrain & Marie Arce Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, £{ra,,,,, Arse , on behalf of himself dtr 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 2007030836 dated the 29th day of March, 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 June 26th, 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) 10.02.06(B)(1)(a), 10.02.06(B)(1)(a), & 10.02.06(B)(1)(e)(i) of Collier County Ordinance 2004-41, and are described as the non-permitted removal & erection of separation firewalls expanding the space of one unit, & reducing the space of another.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$363.84 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit, all required inspections, & Certificate of Occupancy within$0 days of this hearing, or a fine of $200.00 will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, & Certificate of Completion, and restoring the structure to it's originally permitted condition within`t0 days of this hearing, or a fine of$200.00 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the to come out;nd perform a site inspection. ilOPP f if(-4/ Respondent Michelle Arnold, Director Code Enforcement Department 6/Z /OB /07 410t5 Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007030836 vs. CARIBE INVESTMENTS OF NAPLES,INC. Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on.June 26,2008,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 CARIBE INVESTMENTS OF NAPLES,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,did not appear at the public hearing,but entered into a Stipulation with the County prior to the hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 12275 Collier Blvd.,Unit 1,Naples,FL,Folio 35778600008,more particularly described as The South 3(P of Lot 29 and all of Lots 30,31,and 32,Bloc 74,Golden Gate,Unit Two,as recorded in Plat Book 5,Page 65,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(Et)(1Xe)and 10.02.06(B)(1)(e)(i)in the following particulars: Unpermitted removal and erection of separation firewalls in order to expand the space of one unit and reduce the space of another unit. 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 Couny 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), 10.02.06(B)(I)(e)and 10.02.06(B)(1)(exi)be corrected in the following manner: 1. By obtaining a Collier County permit all required inspections through Certificate of Occupancy within 90 days(September 24,2008). 2. In the alternative,by obtaining a Collier County demolition permit,all required inspections, Certificate of Completion,and restoring the structure to its originally permitted condition within 90 days (September 24,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24,2008,then there will be a fine of$200 per day for each day that any violation remains. 4. That if, in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by September 24,2008,there will be a fine of$200 per day for each day that the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has beef 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$363.84 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 Orc er 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 Boards Order. DONE AND ORDERED this 1 S r day o ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FL to' DA BY:i'L/— . A ei.,./ Gerald Lefebvre, % air 2800 North H. -shoe Driv' Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this tSTday o _, 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is personally known to me or ✓who has produced a Florida Driver's License as identification. ..____-2.:::----1 ---K.A.Agah ---1±Cilla----,' ", KRISTINE BOLTON NOTARY PUBLIC s !` MY COMMISSION h CSC 6865:, ;l My commission expires: EXPIRES:June 18,20'' ' 'if,Piag Bonded Thru Mary P Undem r. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. nail to Caribe estments, Inc., Efrain and Marie Arce, 12275 Collier Blvd.,#14,Naples,Fla. 34116 this l S day of ,2008. ` ..--ect___Lif>1,......i ..� -0 6 , ___4 M.Jean son,Esq. Florida ar No.750311 Attorney for the Code Enforcement Board' r 400 Fifth Avenue S.,Ste.300 ..... Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007030836 Caribe Investments of Naples, C/O Efrain & Marie Arce Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, £{ra7,) 4roe , on behalf of himself d' 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 2007030836 dated the 29th day of March, 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 June 26th, 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) 10.02.06(B)(1)(a), 10.02.06(B)(1)(a), & 10.02.06(B)(1)(e)(i) of Collier County Ordinance 2004-41, and are described as the non-permitted removal & erection of separation firewalls expanding the space of one unit, & reducing the space of another.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$363.84 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit, all required inspections, & Certificate of Occupancy within$0 days of this hearing, or a fine of $200.00 will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, & Certificate of Completion, and restoring the structure to it's originally permitted condition within WO days of this hearing, or a fine of$200.00 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the In - . • to come out nd perform a site inspection. 0/C2(/ Respondent fez-. Michelle Arnold, Director Code Enforcement Department G/0 cr /7 6'/oo Date Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Erika Labra and Isidra Trejo, Respondent(s) CEB Case No. 2007040147 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-7 Collier County Tax Collector 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007040147 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LABRA, ERIKA AND ISIDRA TREJO, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PROHIBITED USES AND STRUCTURESzon-ILU-2.1.15. LOCATION OF VIOLATION: 172 2ND ST Naples, FL SERVED: LABRA, ERIKA AND ISIDRA TREJO, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007040147 Labra,Erika and Isidra Trejo,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 Collier County Land Development Code,as amended. Sections 10.02.06(B)(1)(e),Improvement of property prior to issuance of building permits.Section 104.1.3.5,prohibited activities prior to permit issuance,of Collier County Code of Laws and Ordinances. 2. Description of Violation:Improvement of vacant residential property by placing fill dirt on property without obtaining required Collier County building permits. 3. Location/address where violation exists: 172 2nd Street Naples,Fl 34113 4. Name and address of owner/person in charge of violation location Labra, Erika and Isidra Trejo residing at 171 6th Street Naples,Fl 34113 5. Date violation first observed:April 2nd,2007 ,'"'"` 6. Date owner/person in charge given Notice of Violation:April 5th,2007 7. Date on/by which violation to be corrected:May 6th,2007 8. Date of re-inspection: April 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 Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar. ,,r a public hearing. Dated this 24th. day of April, 2008 L - , ■ � A e Sorrels Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER .,,• 1 o orAffiim-• ands"scribed before this day of ^,2008 by Azure Sorrels / DdQ (Signature of Notary Public) V (Print/Type/Stamp Commissioned Name of Notary Publi ) R1DA �1 Personally known r produced identification LIC-STATE OF Type of identification produced Nova, Linda C. Wo73e DD •,i Commission#C.07,20 1 l'4, Expires: D 1,n REV 3-3-05 aeie �` m� 9 -. COLLIER COUNTY CODE ENFORCEMENT Case Number %7Uc lol Li 7 Building Permits,Administrative Code& Other Permit Requirements " ` NOTICE OF VIOLATION Respondent r =_ , L C�'` Date: 5107 Investigator: ®., 't= y rt. Phone: 239- +�+ 5 � y �5,cl cc�. -Cre�C �.` �^ 1�� ].L Zoning Dist ` r V Sec __ Twp 3-0 Rug cD6 ..tailing: c l_i-�1_ P JT f Legal: Subdivision Block Lot K4' l.¢-j I iii ii Location: 1-71 . ,)-1;:i Sic - Folio 771}D ry�� ,/ Unincorporated Collier County .' W-] OR Book Li Page �a� Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance ❑105.1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair,move, demolish, or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to ere other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,erect,install,mechanical or,plumbing ingay,remove, any right-of-way maintained by Collier County within the boundaries of any p y gas,mcodenicat oc plumbing such work to system the municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application ettosthe building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) 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 ( )( ) ❑105l the The building permit the or copy shall be kept on the site of the work p Y until the completion of the project. 010.02.06(B)(1)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to Section 111.1 Service Utilities exist...without first obtaining the authorization of the required building permit(s),ist... i inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections X regufrom a utility,source of energy,fuel or power to any building or system that is 0.02.06(B)(1)(e) Improvement of property prohibited prior to issuance lated by this code for which a permit is required,until released by the f building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinan e/N: rative requires a building permit under this land development code or other 1 ' w j applicable county regulations. 1 �.�!':era. ]10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of � C�.C�., l r`� 1 L"hY�� i� f`A u"�r2f. �i1a 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). 10 er to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II iL4 Muslt be in compliance bth'with all Collier permits County requireds for described 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, structure/improvements: OR remove said structure/improvements, electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, including materials from property and restore to a permitted state, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, pi ust request/cause required inspections to be performed and obtain a constitutes a hazard to safety or health, are considered unsafe buildings or rtificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc OMust effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final y� building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: MO/ 6l`t t1e,.. certification of a one or two family dwelling unit on the same property.the t 7 fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool and ending with I) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per 104.13.5 Prohibited Activities prior to Permit Issuance. A building day per violation, as long as the violation remains, and costs of �/ g permit prosecution. or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- _ �(`�„_ vegetation,etc.)shall have been issued prior to the commencement of work at R:... .ent's Signature the site. Activities prohibited prior to permit issuance shall include, but are Date not limited to, excavation pile driving(excluding test piling), well drilling, .411111„4 formwork,placement of building materials,equipment or accessory structures Inve, gator's Signa re e and disturbance or removal of protected species or habitat,etc. Date "T?ion 106.1.2 Certificate of Occupancy. .06.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 1 tcr,y 1KhMEN 1 S Page 1 of 3 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 n County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library1.municode.com/default/DocView/13992/1/66/68?hilite=10 02 06; 1/14/2008 Li '1/4..n1 .tc, iicr.ivJnty i S Page 2 of 3 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building site work, removal of protected vegetation, permit. No P g , grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://libraryl.municode.com/default/DocView/13992/1/66/68?hilite=10 02 06; 1/14/2008 •�•��..,., A— 1 Lll�l111V1V 1t1.: Vlit['1V1D1V i J Page 3 of 3 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. http://libraryl.municode.com/default/DocView/13992/1/66/68?hilite=10 02 06; 1/14/2008 103.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. OR, 4145 PG: 1426 RECORDED in OPFICIAL RECORDS of COLLIER COUNTY, IL 11/29/2006 at 09:47M DWIGHT I. BROCI, CLERI CONS 122000.00 REC PEE 21.00 DOC-.70 854.00 theyanne Beatty,an employee of Retn: Island Title Guaranty Agency 1116 North Gooier Boulevard ISLAND TITLE GUARANTY AGENCI I Marco Island,Florida 34145 PICT UP (239)394-4888 Return to: Grantee File No.:2126-1375700 WARRANTY DEED This indenture made on November 15,2006 A.D., by YJ Tens Tyler,a single woman,as to an undivided 50%interest and lames F McHale,a married man,as to an undivided 50%interest whose address is: 3550 North Lake Shore • • • • Chicago,IL 60657 hereinafter called the "grantor", to R Erika Labra,a single woman a • g • - Trejo,a single as as joint tenants with full rights of survivorship whose address is: 172 2nd • - -t. N- •I- l} hereinafter called the"grantee : (Which terms"Grantor and"Grantee" =(I i • - ngu -I, ,.T! .` d I, and either representatives,successors and assigns. sex,and shag include heirs,legal �9 Witnesseth,that the grantor, • • in consideration ofd o Dollars, ($10.00)and other �--� valuable considerations, receipt Its,f is hereby acknow • -lam grants, bargains, sells, aliens, remises, releases, conveys and co s nto the grantee, all t`- • •:in land situate in Collier County, Florida, to-wit: Lot 29, Block 2,TRAIL ACRES, UNIT 1, acco •i e • • : - thereof recorded in Plat Book 3, Page 50, Public Records of Collier County, Florida. Parcel Identification Number: 77211200004 The land is not the homestead of the Grantor under the laws and constitution of the State of Florida and neither the Grantor nor any person(s)for whose support the Grantor is responsible reside on or adjacent to the land. Subject to all reservations,covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. ""1 Page 1 of 2 2126-1375700 VA; L'.7; Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and 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 daims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2005. In Witness Whereof, the grantor has hereunto set their hand(s)and seal(s)the day and year first above written. 7 nN14,91 Terri Tyler Ja cHale Signed,sealed. •/; -red i our ro.0 -pix704 I re VII Witness Signature y/ X Print Name: /, ...t_/ �_.i Prin - - =�� State of Florida Q "O\ County of Collier CC The Foregoing Instrument Was Acknowledged before me on bV L(-EN 2Z't .I by James F McHaIe,a married man who is/are personally known to me or who has/have produced a valid driver's license as identification. ` �`� BL� ( 2 . NOTARY PUBLIC HOWARD READER +t `i N o Notary Print Name CanriaeioN DD 574726 ry My comm.iK July 17,2010 My Commission Expires:C A 7' Page2of2 2126-1375700 71=J I V• 111.V Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and 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 daims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2005. In Witness Whereof, the grantor has hereunto set their hand(s)and seal(s)the day and year first above Nvritten. COUA Terri Tyl r Ja''r cHale Signed,sea -• and d- 've =• i ou -�, - Sig . .� - " liraLWPAidi _, : Print Name: hot ke/ prin _"41 cylcvief-re State of Illinois `N, County of 62)g- - l E C-C The Foregoing Instrument Was Acknowledged before me on /// 46 , by Terri Tyler,a single woman who is/are personally known to me or who has/have produced a valid drivel's license as identification. 4&I/#L. U(C OFFICIAL SEAL gfkd y ` BRADLEY H MARKOVIC Notary Print Name NOTARY PUBLIC-STATE OF ILLINOIS My Commission Expires: /I M'COON E7WIRES:11/0 l Page 2 of 2 2126-1375700 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007- Board of County Commissioners, Collier County, Florida vs. Labra, Erika and Isidra Trejo Violation of Section(s) 1.04.01of Ordinance 2004-41 Collier County Land Development Code, as amended Azure Sorrels, Code Enforcement Official Department Case No. 2007040147 DESCRIPTION OF VIOLATION: Developed land by dumping fill on property and making .a foundation for a house to be built, without first obtaining the proper authorization pursuant to the Land Development Code at 172 2°a Street. 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 necessary building permits within 14 day(s) of this hearing or a $200.00 per day fine will be imposed for each clay the violation remains. 2. Must have vertical construction on property within 90 day(s) from the issuance of a building permit or a $200.00 fine will be imposed for each day the violation remains. 3. Or remove all fill from property, returning property to it's original vacant state within 14 day(s) of this hearing or a$200.00 fine will be imposed for each day the violation remains. 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, J Vs. DEPT NO. 2007040147 Labra, Erika and Isidra, Trejo Respondent(s), STIPULATION/AGREEMENT Seth COMES NOW, the undersigned, cfck. , on behalf of elf 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 2007040147 dated the 5th day of April, 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 June 26th, 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) 10.02.06(B)(1)(e), Ord. 2004-41 and 104.1.3.5, Codes of Laws and are described as Improvement of property prior to building permit and Prohibited activities prior to permit issuance. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$303.28 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all necessary permits, inspections, and certificate of completion within 60 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. Or remove all fill from property, returning property to its original vacant state within 60 days of this hearing or a $200.00 fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. . t•\ko, Ls.Alosr'(f\ Respondent Mic e le Arnold, Director Code Enforcement Department 6- 2`6- a00 &-ac• of Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007040147 vs. ERIKA LABRA AND 1SIDRA TREGO, Respondents FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 Erika Labra and Isidra Trego are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 172 2nd Street,Naples,FL,Folio 77211200004,more particularly described as Lot 29,Block 2,TRAIL ACRES,UNIT 1,according to the Plat thereof recorded in Plat Book 3,Page 50,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)(1Xe)and the Collier County Code of Laws and Ordinances, Section 104.1.3.5 in the following particulars: Improvement of vacant residential property by placing fill dirt on property without obtaining required Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier Count'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)(e)and the Collier County Code of Laws and Ordinances,Section 104.1.3.5 be corrected in the following manner: 1. By obtaining all necessary permits,inspections,and certificate of completion within 6)days(August 25,2008). 2. In the alternative,by removing all fill from property,returning property to its original vacant state within 60 days(August 25,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day the violation remains. 4. That if, in the alternative,the Respondents does not comply with paragraph 2 of the Order of the Board by August 25,2008,there will be a fine of$200 per day for each day the violation remains. 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 prosecut on of this Case in the amount of$303.28 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Orc er 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 Boards Order. DONE AND ORDERED this Sr day of 4,64,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 1 ' erald Lefebvre, hair 2800 North Hor -shoe Driv-/ Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this 'Srday of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, 'da,who s� personally known to me or ✓who has produced a Florida Driver's License as identification. *;▪ (*■ 14 MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES;June 18 2011 aonaea Nu Notary Pubic undr nftata My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QJDER h een s t by U. S. Mail to Erika Labra and Isidra Trejo, 171 6th Street,Naples,FL 34113 this S day of_,2008. M.Jean son, Esq. Florida Bar No. 750311 Attorney for the bode Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 3410? (239)263-8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007040147 Labra, Erika and Isidra, Trejo Respondent(s), STIPULATION/AGREEMENT Se-X COMES NOW, the undersigned, l \b cick , on behalf ofielf 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 2007040147 dated the 5th day of April, 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 June 26th, 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) 10.02.06(B)(1)(e), Ord. 2004-41 and 104.1.3.5, Codes of Laws and are described as Improvement of property prior to building permit and. Prohibited activities prior to permit issuance. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$303.28 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all necessary permits, inspections, and certificate of completion within 60 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. Or remove all fill from property, returning property to its original vacant state within 60 days of this hearing or a $200.00 fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Mic a le Arnold, Director Code Enforcement Department 6- ab- aob -a4• oP Date Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida W.S Petitioner, Vs. DEPT NO. 2007040147 Labra, Erika and Isidra, Trejo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, t SELF ��O� , on behalf of elf 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 2007040147 dated the 5th day of April, 2007. 3c In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which 5` a hearing is currently scheduled for June 26th, 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 o parties hereto agrees as follows: a1) 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)(e), Ord. 2004-41 and 104.1.3.5, Codes of Laws and are described as Improvement of property prior to building permit and Prohibited activities prior to permit issuance. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$303.28 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all necessary permits, inspections, and certificate of completion within 60 days of this hearing or a $200.00 per day fine will be imposed for each day the violation remains. Or remove all fill from property, returning property to its original vacant state within 60 days of this hearing or a $200.00 fine will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. aNN't 0, LiAloi-Cf\ 14 Respondent p Mic e le Arnold, Director Code Enforcement Department (\ "D.b- D-00 ? Q -4. Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA 0 CODE ENFORCEMENT BOARD CEB CASE NO. DEPT CASE NO. 2007040147 COLLIER COUNTY BOARD OF COUNTY COIv11VIISSIONERS,Petitioner vs. Erika Labra and Trejp Isidra,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 26th, 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 4376 PG 0308, et. seq. 2. That the respondent t,!,contact the investigator. 3. That a re-inspection was performed on August 26th,2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by removing all fill dirt from vacant property,returning property to its vacant state.. FURTHER AFFIANT SAYETH NOT. Dated this 17th day of, September, 2008. COLLIER COUNTY,FLORIDA C• E ENFORCEMENT BOARD if: • /•re Sorrels Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S to(or affirme and subscribed before me this 17th day of, September,2008 by Azure Sorrels. O - f otZ, ( ignature of Notary Publi' (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ' Indira Rajah •-',.; Commission#DD727241 Personally known 4 Expires: DEC.07,2011 BONDED THRII ATLANTIC BONDING CO.,INC. Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007040147 vs. ERIKA LABRA AND ISIDRA TREGO, Respondents Pal ' Pq FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD cxa THIS CAUSE came on for public hearing before the Board on June 26,2008,and the Board,having heard c testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its c=1. >� Findings of Fact,Conclusions of Law,and Order of the Board,as follows: C4 x P4 [7 a 1. That Erika Labra and Isidra Trego are the owners of the subject property. Q. o � U rte-- c 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation. A Pq mot+ a H F;4'" 3. That the Respondents were notified of the date of hearing by certified mail and by posting. ry 4. That the real property located at 172 2"d Street,Naples,FL,Folio 77211200004,more particularly o described as Lot 29,Block 2,TRAIL ACRES,UNIT 1,according to the Plat thereof recorded in Plat Book 3,Page w ° 50,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 County 00 „ P (B)(lxe)and the Collier Coun Code of Laws and Ordinances, Section 104.1.3.5 in the following particulars: Ca N P4 o Improvement of vacant residential property by placing fill dirt on property without obtaining required a Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier Coun-.y Ordinance No.04-41,it is hereby ORDERED: cra That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section x 10.02.06(B)(1)(e)and the Collier County Code of Laws and Ordinances, Section 104.1.3.5 be corrected in the P4 CO 2 °a °° following manner: c .- aEas al a E E aiozE- . C.-' .a 1. By obtaining all necessary permits,inspections,and certificate of completion within 63 days(August 25,2008). 2. In the alternative,by removing all fill from property,returning property to its original vacant state within 60 days(August 25,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day the violation remains. 4. That if,in the alternative,the Respondents does not comply with paragraph 2 of the O-der of the Board by August 25,2008,there will be a fine of$200 per day for each day the violation remains. 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 prosecut on of this Case in the amount of$303.28 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 Orc.er 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 Boards Order. cs DONE AND ORDERED this Sf day of 46,N,2008 at Collier County, C7 Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY:% 'tai. erald Lefebvre, or air a 2800 North Ho shoe Driv-/ C3 Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this ISrday of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, 'da,who is personally known to me or ✓who has produced a Florida Driver's License as identification. 47 MY COKMRMISITSMSIIO N E HOlDD 86 5g NOTARY PUBLIC EXPIRES:June 18 2011 r j 9oneo mN a Undertows My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QRDER h een s t by U. S.Mail to Erika Labra and Isidra Trejo, 171 6th Street,Naples,FL 34113 this day of_,2008. M.Jean son,Esq. Florida Bar No.750311 Attorney for the.Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 3.4102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Dagoberto and Maria Saldana., Respondent(s) CEB Case No. CESD20080000885 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080000885 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SALDANA, DAGOBERTO AND MARIA, 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: 06/26/2008 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:2626 Holly AVE Naples, FL SERVED: SALDANA, DAGOBERTO AND MARIA, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile �1.IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner 1'1 vs. DEPT CASE NO.CESD20080000885 Dagoberto and Maria Saldana,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: Collier County Land Development Code 2004-41 as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Owners of property did not complete inspections or receive certificate of occupancy for permit 2005033512 for mobile home located on the property and permit has expired. Mobile home has been vacant for a long time,and has exterior damage caused by the hurricanes. 3. Location/address where violation exists: 2626 Holly Ave,Naples FL 34112 4. Name and address of owner/person in charge of violation location: Dagoberto and Maria Saldana, 2626 Holly Ave,Naples FL 34112 5. Date violation first observed:February 76,2008 6. Date owner/person in charge given Notice of Violation:March 4th,2008(property/courthouse posted) 7. Date on/by which violation to be corrected:April 4th,2008 8. Date of re-inspection: April 4th,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/her, 2008 Joe M a Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 60'day of M y ,2008 by Joe M lA C h 4 ture of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known / or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Yousi Cardeso �•• @Commission#DD723966 `Expires: OCT.10,2011 REV 3-3-05 BONDED D THRO ATLANTIC BONDING CO,INC. 2. 1(- 1) Case Number: CESD20080000885 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SALDANA, DAGOBERTO& MARIA S Date: Feb/7/2008 Investigator: Joe Mucha Phone:239-252-2452 Mailing: 2626 Holly Ave, Naples FL 34112 Zoning Dist:VR Sec 23 Twp 50 Rng 25 Legal: Subdivision Holly Terrace Block Lot 39 Location: 2626 Holly AVE Naples, FL Folio 50891120000 OR Book 2180 Page 2149 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board(CEB) Ordinance No.07-44,as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described location. Ord No. Collier County LDC Section 10.02.06(B)(1)(a) Violation Status- Initial 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 and 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 DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Owners did not complete inspections or receive certificate of occupancy for permit 2005033512 for mobile home located on the property. Permit has expired, and mobile home's exterior has heavy damage. ORDER TO CORRECT VIOLATION(S): n You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. 2. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: April 4th, 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: Po S T I N G INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:Joe Mucha 2800 No. Horseshoe Dr. Naples, FL 34104 (239)252-2452 Fax: (239)403-2343 Investigator Signature Ifr Signature and Title of Recipient Printed Name of Recipient Dated: March 4th,2008 AFFIDAVIT OF POSTING n Respondent(s): Dagoberto Saldana Code Case 20080000885 Maria Saldana CEB # Special Magistrate Case THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) ®Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑Other: I, Joe Mucha ,hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 2626 Holly Ave (Address) on 3-4-08 , 12:30 p.m. ,and at the Collier County Courthouse. (Date) (Time) • 77/1/1AAlit-x a Signa Property Maintenance Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this (I-f Ill day of M CO- C,ti 200 ,by • Mu s ie t Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Linda C. Wolfe (Print,type or stamp • Commission#DD739150 Commissioned name of Notary Public) ••••...D•'�Expires: DEC.07,2011 BONDED THRII ATLANTIC BONDING CO.,INC. Personally Known Produced Identification ' Type of Identification Produced • Rev 6/27/07 AN'e'll)AVTI'OF MAILING. •. • ............:.........:. ::: . C��,�o8z�agsS� D adert & 9aria Sa ia . • Respondent(s) 2F2B.�olfy•Ave • •;:•Code Case:....9t@p c,•Y134rn2 CEB#. .: . . ,•. 2008o •oo88•S .THE DESCRIPTION OF THE.DOCUMENP(S)POSTED IS/ARE: (Clieck.the.applicable document(sj..:::.. Notice of S'iolation:: Notice of Hearin . O Noticc:of H'earing/Imposition of.Fines.:;:. ::::::: :'. .. .-..:. -: .: .:.. :' . .. : -tali • • ... ... Cz on Notice:to A ear .. PP ❑Code Rnforcement Board Evidence Packet ; L•. .. ..f`. : :; ..,hereby wear::arid.affizm:that:::a:true and carted copy of the.. f Code F.n flrcement.O�icial .....• notice referenced above,•has••••been sent.b First-Class,:U;S.Mail.'to the:above respondents)at:'- ' ::' :: : . (Address • th •• df 2 n a o •'. . fir. ::.. .::. :::: ....:. ::. ;:.. .STATE.OF FLORIDA ::. . .• . '=. COUNTY.OF COLLIER ..:::.:.:::::::: d .. ..::::.. ..:..::..: Sworn e. an subsc d•btu' . .. . . . f 200::.: . : . < ;::: _• ..... .. ..:. � ....::.'....i.'...:....:..:.:...:.......:',...:...:.:.::::.;:: .R... M (Si;Si wl•Na I'ubl;c..::;:::: :.:::''.::: ::... .. .-:. ..::: ....:::..::::..: . nn .type or..scam •:.•:::.......... ��.. ..:.. ;.: (P t, ..: . ..?:n:(Y.:PL7iL1C=STA'T'E OF. '. p ;a,,,..,.,,....:_K Aw Van Sickle ::: .... .. Commissioned name of Notary Public)'`'`• . ...• .. S m s > .:..... ::...: ti� r V.24,010:. ... • Personal? Known•Xr.• • •.. • .. .:... ...• • •' . . . . .•••••••• ...::::.....::•.: • . ...•. ....... ...•::•:.. Produced Identification- Type.ofIdentification.Prodnced.: . nrici;ril fn Fih . .: .Rev b/03 ■ ORDINANCE NO. 04-41 AN QRDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES,SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS,.INCLUDING SEC. 4.01.00. GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4;CHAPTER 5-SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC.5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9-VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 -APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. • This .War anty Deed I Made this 2nd day of April , A.D. 1**191054007 OR: 2180 PG: 2149 *** • by SALDANA DAGOBERTO AND MARIA S. LICORD :d OFFICIAL RICORDS of COLLAR CODRWI, FL -- _ /—*ti DAGOBERTO, hie wife, ARA DAGOBERTO 09!09! at :I.37P11 DEM I. BROCK, CLUE SALDANA and MARIA S. SALDANA, hie wife RIC FBI C..1: hereinafter called the grantor, to eL DAGOBERTO SALDANA and MARIA S. GUARAY 1 ?3?:l SALDANA, husband and wife, PICK 9 whose post office address is: ?KA FL IDA ?:?I1 GJARAR?11 2626 Holly Avenue Naples, FL 33962 Grantee.' Tax Id 8 : hereinafter called the grantee: (Whenever uxd herein the Iron rl.un,n•and 'haute.'allude all the pant.,to dm Instrument and the heirs,Ie @at tgae.enun.es and....opts■•t odnduaIa,and the aucceaaora and lamas of eurporanunai Witnesseth, that the grantor, for and in consideration of the sum 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 grantee. all that certain land situate in Collier County. 1•lunda, vit: Lot 39, HOLLY TERRACE, according to the plat thereof recorded in Plat Book 4, Page 64 of the Public Record. of Collier County, Florida. SUBJECT TO AN OUTSTANDING EAST & SOUTH SEWER ASSESSMENT WITH AN APPROXIMATE BALANCE OF $2,542.87 IN JANUARY, 1993 WHICH GRANTEES HEREIN AGREE TO ASSUME AND PAY. SUBJECT TO covenants, restrictions, easements of record and taxes for the current year. ,R Cot/ Parcel Identif' -".1— Number: 0000 - Together with all the t• et s, beteduautents and app es thereto belonging or in anywise appertaining. To Have and to n Id th• •:arse it • •• forever. And the grantor her by ov enants w• • t ranter that the :rant•r is lawfully seized of said land in fee simple; that the grantor has good ri- t •, u t t t t sal.,land; that the grantor hereby fully warrants the title to said land and wil def he r me a, i I '+ c =, . of• l persons whomsoever; and that said land is �� free of all encumbrances exc try • •f• II • t_e u'4 to r •-[mil 19 93 In Witness Whe r the said grantor has ;_ned .. td • 1,4 these presents the day and year first above written. `L'5 _ Sign&,sealed and deliver 4 rttr lfre.tra<-r: 0 I M, t �:.:�:. tsit + ` 1._ \fit✓ .,I� I I 1 1 , .�� . a' +",: _iiAtti`r alre ell,i' 'a- - lt" l5 / ,.• •Ls ‘'!,'T MARIA S.• DA�BMRTO tr G .� „ `x 1 %A mm'\ DAQB TO SALDANA \ C �- •/.� � ' 41 (� o " \ MARIA S. SALDANA c.i State of F -I a. k, {' •-, ; rn County of COLLIER a The foregoing instrument was acknowledged home me this 2nd day of APRIL 19 96 , N by halo ptsW► �tX11) to iu,��h ar DA& tTo tI dam(, iw1 w4,v V∎c r Aux)It`fxww i g-X ar.W B J Fxritla 1 M ik∎Pc S, DRGA tfyt.1O Arco to+4+,ptu4,1+worl�Ir hr �Ry,6(pS $� t who is personally known to me hr who ices pn.duced DRIVER'S LICENSE as toenfirieatton. O F%ii i-))acjiva,;(84.1 Gra CI H \\.% : ' /7 P. /..--'N i 0 Pnnt Name: 1411«1 Pep. R- edwv 4 Notary Punta: g PREPARED BY: JANICE BANYASZ My Cumm�usunn Eapuea: RECORD & RETURN TO: �?ii?�, 1Y)ZJ3AMLRANYit� GUARANTEE TITLE OF FLORIDA - , R e p.IhirCesse 1A1AI0 WD•t 5117 CASTELLO DR. SUITE ONE "BadsdBy&nicebe srva NAPLES FL,33940 No.CC'l2i620 xw...41a.a. aa .. .. . et.6 chs 4 CE5.620060001°6785 E/r/7xe/T 7. I,,.:, .,, •-.1 .,_ .. . .. ..,i...14, . . _. _. 'r .e: ,-;--,-. , z. , -- ---,.. ,tt.:.--.1.. , A , --., ‘`.4,;,•7vp`.. ,..,* , .,,,,,4. . : . 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'''''''''' '-',:.- '°'...-':''-`' '-•-1-.:,-4°it.-.- . .., ,...... -_, .. -.... ,. .,- , . 04/08i2008 -., COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080000885 Board of County Commissioners, Collier County, Florida vs. Dagoberto and Maria Saldana Violation of Ordinance(s) Collier County Land Development Code 2004-41 as amended, Sections 10.02.06(B)(1)(a) Joe Mucha, Code Enforcement Official Department Case No. CESD20080000885 DESCRIPTION OF VIOLATION: Owners of property did not complete inspections or receive certificate of occupancy for permit 2005033512 for mobile home located on the property and permit has expired. Mobile home has been vacant for a long time, and has exterior damage caused by the hurricanes. RECOMMENDATION: That the CEB order the Respondents to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days of the hearing and abate all violations by: 1. Obtaining a permit; related inspections; and certificate of occupancy for the mobile home located on the property within thirty days of this hearing or a fine of $200 a day will be imposed until certificate of occupancy is obtained. 2. Or, by hiring a general contractor licensed in Collier County to obtain a demolition permit for removal of the mobile home and all resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to an issuance of a certificate of completion within 30 days of this hearing or a fine of$200 a day will be imposed until demolition permit receives certificate of completion. 3. If respondents do not abate violation in the time frame ordered by the Code Enforcement Board,the County may abate violation by hiring a general contractor to demolish mobile home. If necessary, the County may obtain the assistance of the Collier County Sheriff's Office to enforce Code Enforcement Board's order. The respondent shall be responsible for all costs the County incurs to abate violations. 4. The respondents must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2123/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CESD20080000885 vs. DAGOBERTO AND MARIA SALDANA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 Dagoberto and Maria Saldana 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 posting. 4. That the real property located at 2626 Holly Avenue,Naples,FL,Folio 50891120000,more particularly described as Lot 39,HOLLY TERRACE,according to the plat thereof recorded in Plat Book 4,Page 64,of the 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: Owners of property did not complete inspections or receive certificate of occupancy for permit 2005033512 for mobile home located on the property and permit has expired. Mobile home has been vacant for a long time and has exterior damage caused by the hurricanes. 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 I0.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining a permit,related inspections and certificate of occupancy for the mobile home located on the property within 60 days(August 25,2008). 2. In the alternative,by hiring a general contractor licensed in Collier County and obtaining a demolition permit for removal of the mobile home and resulting debris to a site designated for final disposal. Licensed contractor must execute demolition permit through to issuance of certificate of completion within 61)days(August 25,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day until such time as the certificate of occupancy is obtained. 5. That if, in the alternative,the Respondents does not comply with paragraph 2 of the 0-der of the Board by August 25,2008,there will be a fine of$200 per day for each day until such time as the demolition permit receives certificate of completion. 6. If Respondents do not abate the violation in the time frame order,the County may abate the violation by hiring a general contactor to demolish mobile home. If necessary,the County may obtain the assistance of the Collier County Sheriffs.Office to enforce Code Enforcement Board Order. The Respondents shall be responsible for all costs the County incurs to abate the violations. 7. 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. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecut on of this Case in the amount of$279.33 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 Orc er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this I Si- day o 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE' COUNTY,FLORIDA / BY: i.11, /. ',4 / I - %. _ G ral. Lefebvre,Ch.' 2800 North Horses oe Drive / ' Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this IS day of _, 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is personally known to me or .-----who has produced a Florida Driver's License as identification. , ,,,,,, NOTARY PUBLIC fi' I(RISTINE Ila-TON =°r*' My commission expires: *• ," :,r MY COMMISSION tt DD 688595 EXPIRES:June 18,2011 ri 'e'ri-f'• Bonded Thru Notary Pubrie Underwriters ERTIFICATE OF SERVICE .....,--77-- I HEREBY CERTIFY that a true and correct copy of this ORDER has bes.u.sent by U. S.Mal to Dagoberto and Maria S. Saldana,2626 Holly Avenue,Naples,FL 34112 this lS1 day of 2008. 3tete Of _. r ¢ fi, ';county of COLLIER //Zvi ,... ----262..,t./0--- -. M.Je wson,Esq. I HEREBY CERTIFY TFIAT WI 1s 4 tinesa. Florida Bar No.750311 ;oorect cony of a aogtarrtient on hits to Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Board Minutes ano; Eecan:a of•Colifer Coot* ligliSS my n a ,c3 official se this Naples,Florida 34102 (239)263-8206 aay of ?WIGHT E. 6ROCKt; CLERK OF COURTS If*�t UJ � vow. ,iria.gaw,., sr COLLIER COUNTY,FLORIDA Cc) CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080000885 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Dagoberto and Maria Saldana,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 261, 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 4376 PG 0315, et. seq. 2. That the respondent tlicontact the investigator. 3. That a re-inspection was performed on August 25th,2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by demolition of the mobile home and certificate of completion obtained for the demolition permit. FURTHER AFFIANT SAYETH NOT. Dated Tuesday,August 26,2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 1/1/1A4 4 Joe ucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo o(or a"1 -• . -_ . e - is Tuesday,August 26,2008 by Joe Mucha. (S Iature o 'rotary Public) NOTARY PUBLIC-STATE OF FLORIDA Delicia Pulse (Print/Type/Stamp Commissioned S". 'Commission#DD629723 Name of Notary Public) `�� Expires: JAN. 16,2011 BuN;;r;u'II IRO„' '_:1 T! Bo DINGCO.,INC. Personally known '4 Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CESD20080000885 vs. DAGOBERTO AND MARIA SALDANA, Respondents FINDINGS OF FACT.CONCLUSIONS iw OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befo : . . : , une 26,2008 and the Board,having,heard testimony under oath,received evidence, '- Qj , ,ropriate matters,thereupon issues its Findings of Fact,Conclusions of Law, � . e : . . a , • ar7 • I. That Dagoberto and M. ' Sa • . : are the owners of the subj . C• 12 a 2. That the Code Enforce ent :oard•has j on of th person .f • Respondents and that the o .: Respondents,having been duly • ' •. "'� • � :Igo h'' g. V r— ° 3. That the Respondents w rot • . R �, Cr7 ► S 4. That the real property 1 t� at 2626 Holly Avenue, � F '• 50891 1 20000,more particularly -U o described as Lot 39,HOLLY TE 1274 ,according to the p : -,f--.4•-• in Plat Book 4,Page 64,of the a Public Records of Collier County,7 ►: .s in violation of Collie '• %i f4 inane 04-41,the Land '" °' Development Code,as amended, - N .N. ••• .06(Bx 1 xa)m th . . g particulars: LO o0 CD too Owners of property did not compl 1 - oQs. ;' ••e certificate of occupancy for permit 0 2005033512 for mobile home located on the property MI permit has expired. Mobile home has been vacant for a long time and has exterior damage caused by the hurricanes. e•••• 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: so pa_ That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 10.02.06(BX l Xa)be co-rected in the following manner: l. By obtaining a permit,related inspections and certificate of occupancy for the mobile home located on the property within 60 days(August 25,2008). 1111 Da Oil o m 2. In the alternative,by hiring a general contractor licensed in Collier County and obtaining a demolition "° 'E permit for removal of the mobile home and resulting debris to a site designated for final disposal.� � B $n posal. Licensed contractor must execute demolition permit through to issuance of certificate of completion within 64)days(August 25,2008). 3. That if the Respondents do not comply with paragraph I of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day until such time as the certificate of occupancy is obtained. 5. That if,in the alternative,the Respondents does not comply with paragraph 2 of the Oder of the Board by August 25,2008,there will be a fine of$200 per day for each day until such time as the demolition permit receives certificate of completion. 6. If Respondents do not abate the violation in the time frame order,the County may abate the violation by hiring a general contactor to demolish mobile home. If necessary,the County may obtain the assistance of the Collier County Sheriffs Office to enforce Code Enforcement Board Order. The Respondents shall be responsible for all costs the County incurs to abate the violations. 4i 7. That the Respondents are to notify Code Enforcement officials that the violation has been abated S` within 24 hours of abatement and request the Investigator to come out and perform the site inspection. lea 8. That the Respondents are ordered to pay all operational costs incurred in the prosecut on of this '---4 Case in the amount of 5279.33 within 30 days. c+7 O Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of CD the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited t3 appellate r--.. review of the record c r e a t e d within. Filing : : . .ot stay the Board's Order. cr. Florida. DONE AND ORDERED r`, r:y o rrrp__!` 18 at Collier County, 1/4..J p4 CODE ENF• • 4 ENT BOARD C _ -• • CO b. FLORIDA 4 1 ■•V iit...V F:4:/I'''''' ,/,/I / 4 '// - Jt:llIHrivef — ,g:..1 04 STATE OF FLORIDA ) )SS: �'� - 0 COUNTY OF COLLIER) The foregoing instrumen j..•_4aaLowledged before .. : • " day of 2008,by Gerald Lefebvre,Chair of i "l a . , i�. .j• oilier County, ride, is personally Imovm to me or 41. . .. . `y. : I vitas- Driver's License as identification. NOTARY PUBLIC 01871 IE NOLTCN My commission expires: aMY #DD P�' EXPIRES:June 1e 2011 c 1 Donau T rumuiri j , ERTIFICATE OF SERVICE ....u. I HEREBY CERTIFY that a true and correct copy of this ORDER has besn sent by U.S.M • to Dagoberto and Maria S.Saldana,2626 Holly Avenue,Naples,FL 34112 this 151 day o 2008. di -. _. -..5477 rr-' ",.n iCOM of COLUER 4 � ,.. a..1,/'" ,•"•••■.1 M.J wson,Esq. I HEREBY CERTIFY THAT hi*ii•NSW Florida Bar No.750311 :offset Copy ot a oohent on Stela Attorney for the Code Enforcement Board Board Minutes enQYleoOfdi-Of•Coll�er Coup 400 Fifth Avenue S.,Ste.300 SS mY n o offi a Naples,Florida 34102 oay of (239)263-8206 'MIGHT E. BROGK,CLERK OF COOTS Ma --. OW COUNTY EXHIBIT A /'1 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Rufina Cruz and Moises Hernandez , Respondent(s) CEB Case No. CESD20080001629 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-7 Collier County Tax Collector 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080001629 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CRUZ, RUFINA MOISES HERNANDEZ, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION:3156 Van Buren AVE Naples, FL SERVED: CRUZ, RUFINA MOISES HERNANDEZ, 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 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 vs. DEPT CASE NO.CESD20080001629 Rufina Cruz Moises Hernandez,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 The Collier County Land Development Code, Section(s) 10.02.06(B)(1)(e) 2. Description of Violation:Unpermitted extension to Mobile Home 3. Location/address where violation exists: 3156 Van Buren Ave Naples, FL 34112 / Folio#52700240008 4. Name and address of owner/person in charge of violation location: Rufina Cruz & Moises Hernandez 5. Date violation first observed:February 7th,2008 6. Date owner/person in charge given Notice of Violation:February 7th,2008 7. Date on/by which violation to be corrected:February 28th,2008 8. Date of re-inspection: March 41,2008 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 13th day of March, 2008 Code Enforcem=i t Inves igator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 13th day of March ,2008 by Thomas Keegan / N / (- gn. e of No Pub ic) (Print/Type/Stamp Commissioned Personally known Name of Notary Public) /"� Y or produced identification Type of identification ro uced NOTARY PUBLIC-STATE OF FLORIDA REV 3-3-05 /_ � K.A. Van Sickle Commission#DD618488 Expires: NOV.29,2010 BONDED TNRO ATLANTIC BONDING CO.,INC. 7 Case Number: CESD20080001629 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CRUZ, RUFINA &MOISES HERNANDEZ Date: Feb/7/2008Investigator:ThomasKeegan Phone:239-252 -2483 Mailing: CRUZ, RUFINA MOISES HERNANDEZ 3156 VAN BUREN AVE Naples, FL 34112 Zoning Dist: MH-BMUD-R3 Sec 14 Twp 50 Rng 25 Legal:Subdivision 977 Block Lot 6 Location: 3156 Van Buren AVE Naples, FL Folio 52700240008 OR Book 2590 Page 2145 Unincorporated Collier County NOTICE Pursuant to Collier County Consolidated Ordinance No. 07-44,as amended,you are notified that a violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. 0 4 —N I.Nis A+c€ruoe f Ord No.441,02.96(B)tj ('� Section LDC 10.02.06(B)(1)(e) Violation Status- DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted addition to Mobile Home 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... : [ ] Supplemental attached ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurermprovements AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. [ ] Supplemental attached ON OR BEFORE: February 28th, 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: Personal Service INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:Thomas Keegan 2800 No. Horseshoe Dr. Naples,FL 34104 (239) 252-2483 - Fax:(239)403-2343 Investigator Signature v J n U Signature and Title of R C Recipient Printed Name of Recipient Dated: February 07, 2008 ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- ■ OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC.9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 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 i--� 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 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- /""N ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp. No. 2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. - required.Where ownership or property lines are in doubt, the County Manager or his - /"1 designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No.2 LDC10:86 -7 t 2530246 OR: 2590 PG: 214 WORDMD is OPPICIAL FMCS of COILII! CODRM, FL 09/10/1999 at 01:41A1 DYIGB! 1. 610CI, CULL tIC /II 1 .00 -. 11DIIIIG .00 COPIIS... - .0G ,_: /"\ tett: IOPIIA CID/ 3155 Yt1BDt11 AY1 WLlS 11 34112 WARRANTY DEED i5 THIS WARRANTY DEED made this 7c) day of July, 1999,between Lawrence R.Stubli,Sr.,(deceased), Sarah B.Stubli,Robert Dean Stubli,Alice Barbara(Stubli)Collins, Ruth Joyce(Stubli)Phillips,Lawrence Richard Stubli,Jr.,and Warren Arthur Stubli,hereinafter called the Grantors, To Rufina Cruz and Moises Hernandez, 3v//i_ `' Whose post office address is 3155 VanBuren Avenue,Naples.FL 33962 A"- Hereinafter called the grantees: WITNESSETH: That the grantors, for and in consideration of the sum of$10 00 and other valuable considerations,receipt whereof is hereby acknowledged, by these presents does , grant,bargain,sell,alien,remise,release, .. •- .r. confirm unto the grantees,all that certain land situate in Collier County,Mori. R- CQU ?'- Lot 6, Ketly Plaza, in : ce with the subject -tit: 'tat recorded in Plat Book 3, page 95,Public Records of .Ili , lorida TOGETHER with all t ,4 ,.'•.: app rtenances thereto belonging or in anywise appertaining t ' Parcel Identification No. M. '' a i 1 �, TO HAVE AND TO r•I ■ 1,the same in fee"§i '41'-er. AND the grantors hereby O.- ... ' . :'_ a ..)* hat they are lawfully seized of said land in fee simple;that they have goo. .,-? c j; thority to sell and convey said land; that they hereby fully warrant the title to said an. and will defend the same against the lawful claims,of all persons whomsoever,and that said land is free of all encumbrances,except all taxes,easements,restrictions and reservations of record. IN WITNESS WHEREOF,the said Grantors have hereunto set their hands the day and year first above written. Witnesses as to Sarah B. Stubli, Lawrence Richard Stubli,Jr. • � L . �,�C �� And Robert Dean Stubli- .,�k 2.Lic `` 1 Sarah B. Stubli I. .\ . `o„ •..11 ,r , TAMMY IIMITHER . r�,t ((:..✓ � .�1 f" 2. •)4I .V`da+ • /0c•r_/ Lawrence Richard Stubli,Jr. ' �J ORIE HARLTLEY ( r7 // v Robert Dean Stub i Witnesses as to Alice Barbara(Stubli) -. . ) Collins: . 4I y v 1 •4 I. ..4�-- Alyce rbara(Stubli-)Collins, 2 – .1.etzi--4 /X .'i',/ l''D I Lmommis . a vat, 6diV 1V. LJZV % /..'\ Witnesses as to Ruth Joyce(Stubli) l Phillips: i I UCDt3 ,t( e? 1) Ruth ,(Stubli)Phillips / (.2.0J 1— L Witnesses as to Warren Arthur Stubli: '^�1• � 1 ,• " � re Arthur Stubli State of Michigan, s� County of LENAWEE ] /,.\ Before me,the unde1sig i Not: ' bl ..7910. �r ftd .o my and State,personally appeared,Sarah B. Stubli, Wr . i, . • _ .b ' a can Stubli, Who executed the foregoing t ent and acknowl-=s -• t they executed the same freely and voluntarily for the u • purposes therein 't.- •.Cy WITNESS my hand and alO' .� 22_day o '99. rte, ".z•,C, I- , '�I`l' Notary ' blic MARI. 'E HARTLEY Printed••rtyped name Commission expires. 10/24/99 LENAWEE COUNTY State of Ohio, STATE 01 MICHIGAN / County of Licking,ss: Before me,the undersigned, Notary Public in and for said County and State,personally appeared.Alice Barbara(Stubli)Collins, Who executed the foregoing instrument and acknowledged to me that she executed the same freely and voluntarily for the uses and purposes therein stated. WITNESS my hand and seal,this 30 day of July, 1999. Notary MIc I � Printed or typed name k4 dr1 y I3 JilliJe t'. Co a 'res: KEBBy B.FuBBEE IPA !'",;tip. 03.114X ,TeOF - � 1 A • Vito LJJV &U. .& I State of Ohio, County of Williams.ss: Before me,the undersigned,Notary Public in and for said County and State,personally appeared,Ruth Joyce(Stubli)Phillips, Who executed the foregoing instrument and acknowledged to me that she executed the same freely and voluntarily for the uses and purposes therein stated. WITNESS my hand and seal,this 73 day of July, 1999 Notary Public Printed or typed name Debra D. Kepler ��•�- pires. Feb. 18, 2003 •EBRA D.KEPLER ota PubLc.State of Ohlo My Cu, last Expires February 18.2003 State of Florida, County of C. I . s• 10 Before me,the un•e'ki1•�� • :y, ••.tc1 . an.'‘o d-E unty and State,personally appeared,Warren Arthur `—6 4v Who executed the foregoing - • ent and acknowlled_ t � that he executed the same freely and voluntarily for the u sr". • •urposes therei pp WITNESS my hand and . a Q' 't/99. 1 t f • ► A lri.r/ ,))/ • 11111111111111111111111111111 lti11 i Notary ublic • toot 1Mr,-tttal/�MIrI1 Mt moo•^• 1DOe Printed or typed name r.' !•r Ccovailien Commission expires: •i t. 1/, This instrument was prepared by John S. Shaffer, Attorney at Law, 117 West Maple Street, Bryan,Ohio 43506 /n COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Rufina Cruz Moises Hernandez Violation of Section(s) 10.02.06 (B) (1) (e) of ordinance 04-41, as amended The Collier County Land Development Code. Thomas Keegan, Code Enforcement Official Department Case No. CESD20080001629 DESCRIPTION OF VIOLATION: Unpermitted addition to Mobile Home located at: 3156 Van Buren Ave, Naples, FL 34112. Folio# 52700240008 RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within thirty days of this hearing and abate all violations by: 1. Applying for and obtaining all Collier County "After —The- Fact" Building permits for addition and improvements, must execute all issued permits so as to 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 a day will be imposed until the violation is abated. 2. Or in the alternative, must obtain a Collier County Demolition Permit for removal of all non-permitted additions and improvements, remove all materials from property, and to request all inspections, through to issuance of a Certificate of Completion, and so as to restore premises to a state of compliance within one hundred and twenty days of this hearing or a fine of $200.00 a day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080001629 Rufina Cruz Moises Hernandez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Moises Hernandez, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080001629 dated the 7th day of February, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 26th, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06 (B) (1) (e) of Ordinance 04-41, as amended, The Collier County Land Development Code and are described as an unpermitted addition to mobile home. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 295.66 incurred in the prosecution of this case. 2) Abate all violations by: Respondents have been issued a Demolition Permit #2008050891 for the removal of the unpermited addition T A dition is removed, respondents need to receive a Certificate of Completion within s of this hearing or a fine of $100.00 a day will be imposed until Certificate of Completion is obtained. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 1 w to — S espondent Michelle Arnold, Director Code Enforcement Department 6 /70/4 - D P Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.CESD2008000I629 vs. RUFINA CRUZ AND NOISES HERNANDEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 Rufina Cruz and Moises 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,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 3156 Van Buren Avenue,Naples,FL,Folio 52700240008,more particularly described as Lot 6,Kelly Plaza,in accordance with the subject to the plat recorded in Plat Book 3,Page 95,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(BX1Xe)in the following particulars: Unpermitted extension to Mobile Home. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,anti to the authority granted in Chapter 162,Florida Statutes,and Collier Cowry 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)(l)(e)be corrected in the following manner: 1. The Respondents have been issued a demolition permit,#2008050891 for the removal of the unpermitted addition. The addition is removed, Respondents must receive a Certificate of Complet on within 21 days(July 17,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 17,2008, there will be a fine of$'00 per day for each day until such time as the violation has been abated. 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 prosecuton of this Case in the amount of$295.66 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 Orcer appealed.An appeal shall not be a hearing de novo,but shall be limited t3 appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Sr day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA • Gerald Lefebvre, •'air 2800 North Hors shoe Driv,/ Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Isr day of , 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, 'da,wh is personally known to me or '""...'who has produced a Florida Driver's License as identification. r'y � KRISTINE tI01.TON ] * :�s MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES;June 18,2011 My commission expires: jgh• Bonded Wu Notary Public Undenvdters y on ex l� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Rufina Cruz and Moises Hernandez,3156 Van Buren Avenue,Naples,Florida 34112 this 1 b day of , 2008. M.Je•,' .wson,Esq. di FLORIDA Flori�. .ar No.750311 State '`` °' ' Attorney for the Code Enforcement Board 'Amity of COLLIER 400 Fifth Avenue S.,Ste.300 'r tit* a tN!slf Naples,Florida 34102 I HEREBY CEJIitY Y to (239)263-8206 :orrect coon`of a aocum nt on file in Board Minutes and RccoroS of Chiller County A°e g2 any no-off ci 1 at this aayofw OVVIGHT E. BR%Km CLERK OF COURTS h1� ,,, . BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080001629 Rufina Cruz Moises Hernandez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Moises Hernandez, 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 CESD20080001629 dated the 7th day of February, 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 June 26th, 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) 10.02.06 (B) (1) (e) of Ordinance 04-41, as amended, The Collier County Land Development Code and are described as an unpermitted addition to mobile home. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 295.66 incurred in the prosecution of this case. 2) Abate all violations by: Respondents have been issued a Demolition Permit #2008050891 for the removal of the unpermited additions T A dition is removed, respondents need to receive a Certificate of Completion within of this hearing or a fine of $100.00 a day will be imposed until Certificate of Completiontobtained.. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. espondent Michelle Arnold, Director Code Enforcement Department D 6/PY70/4 Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jaime and Damarys Oliva, Respondent(s) CEB Case No. 2006090513 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Collier County Tax Collector 5 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090513 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OLIVA, JAIME AND DAMARYS, 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: 06/26/2008 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: 1340 WILD TURKEY DRIVE, NAPLES, FL "--" SERVED: OLIVA, JAIME AND DAMARYS, 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 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)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.2006090513 Jaime and Damarys Oliva,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: 1340 Wild Turkey Drive Naples,FL Folio#00108120002 4. Name and address of owner/person in charge of violation location:Jaime and Damarys Oliva, 110 Jung Blvd W Naples,FL 34120 5. Date violation first observed:9/15/2006 6. Date owner/person in charge given Notice of Violation:Posted Property on 9/20/2007 7. Date on/by which violation to be corrected: 10/22/2007 8. Date of re-inspection: 3/21/2008 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 6 day of nBi y , 2008 J 'f . Waldron Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER /f Sworn to(or affirmed)and subscribed before this �P day of /" ' t/ ,2008 by Jen Waldron C2)rgr"v---7- (Sign of Notary Public :Print/lityrdatEnna GE Honed ■TaintgQ4wataiiegOttegf Florida Personally known or produced identification Comm o DD 401145 Type of identification produced My Comm expires March 04,2009 /'"!, Bonded thru 1st State Insurance REV 3-3-05 n Ca) COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT FO: Jaime and Damarys Oliva ORDER TO CORRECT VIOLATION(S): 110 Jung Blvd W You are directed by this Notice to take the following Naples,FL 34120 corrective action(s) IMMEDIATELY: LOCATION OF VIOLATION(LEGAL AND ADDRESS) Conduct no further vegetation removal. Within Collier County Zoning District: And Sec 23 Twn 47 Rng 27 Subd Obtain a fence permit for fence constructed on property Blk Lot Parcel Of Collier County Record Property ID: 00108120002 and obtain all inspections. After the Fact building permit PUD Tract Unit SDP fees will be added to this permit for a fence due to OR 3271 Page 1767 :OR Page installation without the fence permit being obtained. If a fence permit is not obtained, the fence must be removed AKA(Address) 1340 Wild Turkey Drive Naples,FL and area cleared of vegetation will be required to be mitigated as stated below NOTICE And Pursuant to Collier County Code Enforcement Board Respondent must prepare a mitigation plan which meets (CEB) Ordinance No. 07-44, as amended, you are notified the criteria as stated in 04-41 as amended Sec. that a violation(s) of the following Collier County 10.02.06.E.3 (Copy attached) due to vegetation removal Ordinance(s) and or PUD Regulation(s) exists at the above- over the allowable one acre with a valid building permit. described location. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. Ord No. 04-41 as amended Section 3.05.01(B) 10.02.02.A.3. (Copy attached). The respondent is Ord No. Section required to establish a monitoring program Ord No. Section (10.02.06.E.3.e.i)that would determine the 80% 'UD#s: survivability of species of the plants used in the Regulations: mitigation effort over a five year period with replacement required to maintain the 80%minimum annually.A Sections: minimum of five reports will be submitted by respondent. Dated: Reports will be due at one year intervals. DESCRIPTION OF CONDITIONS CONSTITUTING'rtiE ON OR BEFORE: 22nd October 2007 VIOLATION(S). Did Witness: PENALTIES MAY BE IMPOSED Vegetation removed without obtaining the proper required 1) Mandatory notice to appear in court or issuance of a Collier County permits. citation that may result in fines up to $500 per violation. INQUIRIES AND COMMENTS SHOULD BE (:FED TO CODE 2) Code Enforcement Board review finds a violation DIRE ENFORCEMENT INVESTIGATOR Jen Waldron exists, a maximum fine of$1000.00 per day in the case 2800 No.Horseshoe Dr.Naples,FL 34104 of a first violation., as long as the violation remains, (239) 403-2444 Fax:(239)403-2343 and costs of prosecution. Investigator signature .,,,- WAIL_ SERVED BY: Personal Service ['Certified.Mail ['Posting of Property VIOLATION STATUS: ®Initial ['Recurring ❑Repeat I, , HEREBY acknowledge that I have received, read, and understand this notice of violation. Dated this 20th day of September 2007 P—mteference case number: 2006090513 Sign tore and Title of Recipient vI.k.E 0 L v.4 Print Notice of Violation Oripinal to File Cnnv to Recnnnrlent Cony for Site Pnctine Cony for Official Poctine Rev R/O1 2 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. n a DOW(. Z,/1 - rage 1 !o/ rage 1or1 *ft 1169097 OR: 3271 . 1767 UUt Awn itt 1fEIEilL BONN of=Ha atnerifr Et @I12Z170D1 it I3€AN CEDE A; IWO, OM CON 1p3.04 tic no 4.00 ;nw.m kramaN u,.,.rdy..rariw►aiNeill l6C*.?0 734.00 WI COWER=AT MIS COPANkgrf a 1LL?{O COOQ'i En CQ I'M COildn lq:V°. 1:1 was mum En 00 WOLE8 PUMA 3411.E OII?LU 11 31114 P hpassison Pais*loon dmrtto n circa*Alutiktorg; 00110740e12 AND 00100)120002 0etni rk SS rs: THIS WARRANTY DEED,awls tarii 150 esy cd April.A.D.2002 by REED LOLLY and SETH LOLLY, tanitAttO AND WIFE hem*wog gragomodioug Fon isata r ks's..iiPA BOX 2101771 ,,NAPLES. 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Subiagl 1c sass,nWfla,naddetIcns and rsssriratbnI ot record and to taxes tot the year 1 old fa`al(allatlilr. 20173 pTOGETHER,wish i du Is ,wiu.i ippui0itiinktito*Wit"t ai.ln.es ,t . c4 TO HAVE AND TOHOLD,Q»»yn1ua owe wilt_ ttJ 4 AND,ithi thgtnraiiv homy wows' IWO ilweieeL eve tie volneeke iinly1111411A.iiiiiO4 ar IOW te.'i an ii0#siMPIC OW e. ate boa Ow Ageg old Pawilettheffer to sill 1n4 wow atidd landc in ter MoursnI Vii Wig ig e#ridl mut to *dq Went Massimo tiQ ts4t Vt4 Nmwid dogma of AS piati00a initallileilivet and Woad Igrid kg his ci ati a,er mbrwi ia,aaeiiti Men rcada nae) elebeequere ee becenter at 2002 e IN WITNESS WHEREOF,Ma said WWWI tai,atfi6r tIKI enameled twee wow*he aad VW Slit Atom wtlign Stir*isakki and ditimoktid it ie l inane*01. WIC AS TO mini PART i ES L< !-t,.1.1\.t.L .-___ __ LS. 8 i t EEO LOLLY PY .e arx,k‘arieloto 1 Praewd , ,;...„6,..,. .. .E+pnatr BETH LOLLY e''''''' t.iltrd avow* sicaskss Nava sosestra http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=215742 3/25/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Jaime and Damarys Oliva Violation of Ordinance(s) 04-41 as amended Section 03.05.01(B) Jennifer Waldron, Code Enforcement Official Department Case No. 2006090513 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 90 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 fmal inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NO. 2007080436 Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, Ql rn` Of A a , 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 2007080436 dated the 26th day of June, 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 June 26th, 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 over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$460.20 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 60 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 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. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. p/ad_.--me- Respondent M. elle Arnold, Director Code Enforcement Department Z�/o 2 (pl iog Date Date REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NO. 2006090513 Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, v C/J in d_ 2/VT4 , 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 2006090513 dated the 26th day of June, 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 June 26th, 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 over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$460.20 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 60 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 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. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. G2� Re en chelle Arnold, Director Code Enforcement Department 00, clzIo jog Date Date REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006090513 vs. JAIME AND DAMARYS OLIVA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 Jaime and Damarys Oliva are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1340 Wild Turkey Drive,Naples,FL,Folio 00108120002,more particularly described as Parcel#1: The West'/z of the Southeast 1/4 of the Southwest''A of the Southeast''A of Section 26,Township 47 South,Range 27 East,lying and being in Collier County, Florida; Parcel #2: the East one half of the Southeast one-quarter of the Southwest one-quarter of the southeast one-quarter of Section 26, Township 47 South,Range 27 East,lying and being in 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,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier Cowry 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: I. By preparing a mitigation plan which meets the criteria stated in 04-01,as amended,Section 10.02.06 E.3. The mitigation pla►shall be prepared by a person who meets or exceeds the credentials specified in Section I0.02.02.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 s ibmitted by the Respondent. This mitigation plan must be submitted within 60 days (August 25,2008). 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day until such time as the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of acceptance of mitigation plan,there will be a fine of$200 per day for each day until 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 prosecut on of this Case in the amount of$460.20 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 Orcer 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. r DONE AND ORDERED this 1S day a 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,F •RID BY 11:1_ e .1d Lefebvre ' ha / 2800 North eshoe Dri Naples,Flo da 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this tSr day of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,F rida,wh is personally known to me or -'who has produced a Florida Driver's License as identification. ON, KRISnNE NOTARY PUBLIC •, ;: MY COMMISSION#DD 686595 My commission expires: EXPIRES:June 18,2011 ':-„C y Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent U. S.Mail to Jaime }�}/y�1�� and Damarys Oliva, 110 Jung Blvd. W.,Na.les FL 34120 this $I day of 2008. Stab I f 7 ORI fir: i!}S a � J 4 F 1 ;Dairy of CAll.1ER aCiz ("(/'°-"`"" M.Jean wson Es q. I HEREBY CERTIFY THAT this is a hi q :correct co0y of a comment on Ma Florida Bar No.750311 Board Minutes and comment 0fcoi coiner Coin! Attorney for the Code Enforcement Board �."�.��S my h � tt I �r� 400 Fifth Avenue S.,Ste.300 ��--TT__gh��jj v� _ Naples,Florida 34102 ay Of (239)263-x206 WIGHT E. BROCK, CLERK OF COtiRT$ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NO. 2006090513 Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, JGj/tfL. cJIV , 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 2006090513 dated the 26th day of June, 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 June 26th, 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 over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$460.20 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 60 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 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. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Re n chelle Arnold, Director Code Enforcement Department ZOGP Co fe fog Date Date REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jaime and Damarys Oliva, Respondent(s) CEB Case No. 2007080436 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Collier County Tax Collector 5 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080436 COLLIER COUNTY, FLORIDA, Plaintiff, vs. OLIVA, JAIME AND DAMARYS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier Coun 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION: FOLIO#00110760502 (Off Wild Turkey Drive) SERVED: OLIVA, JAIME AND DAMARYS, 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 IMTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800,ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner •—• vs. DEPT CASE NO.2007080436 Jaime and Damarys Oliva,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: Folio #00110760502 (Off Wild Turkey Drive) Naples, FL 4. Name and address of owner/person in charge of violation location:Jaime and Damarys Oliva, 110 Jung Blvd W Naples,FL 34120 5. Date violation first observed:9/15/2006 6. Date owner/person in charge given Notice of Violation:Posted Property on 9/20/2007 7. Date on/by which violation to be corrected: 10/22/2007 8. Date of re-inspection: 3/21/2008 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 CO day of /27a I, 2008 Je A l i /E. Waldron STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER S orn to(or affirmed)and subscribed before this G day of y ,2008 by Jen Waldron O , NO MARLENE G.SERRF�orida (Sign _ of Notary Public) (Print/T .e/S, s. : I;,r.' 45 Name of o ` '.' fires March 04,2009 Personally known or produced identification Myom �� Type of identification produced Bonded thtu 1st State Insurance REV 3-3-05 C ______) COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT /""*\TO: Jaime and Damarys Oliva ORDER TO CORRECT VIOLATION(S) : 110 Jung Blvd W You are directed by this Notice to take the following Naples,FL 34120 corrective action(s) LOCATION OF VIOLATION(LEGAL AND ADDRESS) IM EDIATELY: Within Collier County Zoning District: Conduct no further vegetation removal. Sec 23 Twn 47 Rng 27 Subd And Blk Lot Parcel Obtain a fence permit for fence constructed on property Of Collier County Record. Property ID: 00110760502 and obtain all inspections. After the Fact building permit PUD Tract Unit SDP fees will be added to this permit for a fence due to OR 3271 Page 1767 : OR Page installation without the fence permit being obtained. If a fence permit is not obtained, the fence must be removed AKA(Address) Folio #00110760502 (Wild Turkey Drive) and area cleared of vegetation will be required to be Naples,FL mitigated as stated below And NOTICE Pursuant to Collier County Code Enforcement Board Respondent must prepare a mitigation plan which meets (CEB) Ordinance No. 07-44, as amended, you are notified the criteria as stated in 04-41 as amended Sec. that a violation(s) of the following Collier County 10.02.06.E.3 (Copy attached) due to vegetation removal Ordinance(s) and or PUD Regulation(s) exists at the above- over the allowable one acre with a valid building permit. described location. The mitigation plan shall be prepared by a person who meets cr exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is Ord No. 04-41 as amended Section 3.05.01(B) Ord No. Section required to establish a monitoring program ^Ord No. Section (10.02.06.E.3.e.i)that would determine the 80% survivability of species of the plants used in the UD#s: mitigation effort over a five year period with replacement Regulations: required to maintain the 80% minimum annually.A minimum of five reports will be submitted by respondent. Sections: Reports will be due at one year intervals. Dated: DESCRIPTION OF CONDITIONS CONSTITUTING THE ON OR BEFORE: 22nd October 2007 VIOLATION(S). PENALTIES MAY BE IMPOSED Did Witness: 1) Mandatory notice to appear in court or issuance of a Vegetation removed without obtaining the proper required citation that may result in fines up to $500 per Collier County permits. violation. 2) Code Enforcement Board review finds a violation INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE exists, a maximum fine of$1000.00 per day in the case ENFORCEMENT INVESTIGATOR Jen Waldron of a first violation., as long as the violation remains, 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2444 Fax(239)403-2343 and costs of prosecution. Investigator signature � � SERVED BY: Personal Service ❑Certified Mail ❑Posting of Property VIOLATION STATUS: ®final ORecurring (]Re I, HEREBY acknowledge peat that I have received, read, and understand this notice of violation. Dated this 20th day of September 2007 /--- Signature and Title of Recipient brence case number: 2007080436 :s: CV .s -0 1,5.41 Print Notice of Violation Original to File Cony to Recnondent C'nnv for Site Pocting Cony for Offrial Pncting Rev R/04 2 LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA n 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. .***1169097 Or. 3271 116 . t*I �. sewn 01r man I of mum cam, I 041@f2101 at 43 1!#II O51 T 1. 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S w a t man a M i n i t e l in S yt ot; 1Y 10 WITH PARTIES Aa_....... 71:........?€._,, ._LS. r - a PI; * iir 4,.v..... ... .....,.._..._.1._Sionorp: BETH LDLLY is- P.Tvoso straw* Stratum Ftratlitl Bonn http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=215742 3/25/2008 r COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Jaime and Damarys Oliva Violation of Ordinance(s) 04-41 as amended Section 03.05.01(B) Jennifer Waldron, Code Enforcement Official Department Case No.2007080436 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 90 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 fmal inspection to confirm abatement. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case No.: 2007080436 vs. JAIME AND DAMARYS OLIVA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 Jaime and Damarys Oliva are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at off Wild Turkey Drive,Naples, FL, Folio 001110760502, more particularly described as as Parcel#1: The West 1/4 of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 26,Township 47 South,Range 27 East,lying and being in Collier County, Florida; Parcel #2: the East one half of the Southeast one-quarter of the Southwest one-quarter of the southeast one-quarter of Section 26, Township 47 South, Range 27 East, lying and being in 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,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,section 3.05.01(B)be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in 04-01,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. This mitigation plan must be submitted within 60 days (August 25,2008). 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 25, 2008,then there will be a fine of$200 per day for each day until such time as the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of acceptance of mitigation plan,there will be a fine of$200 per day for each day until 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 ill the amount of$460.20 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 ST day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD / COLLIER COUNTY,F fy RIDA BY: O`te4„, raid Lefebvre,C air 2800 North Hors-shoe Driv: Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this tST day of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. 1' ,I KRISTINE HOLTON MY COMMISSION It DD 686595 NOTARY PUBLIC EXPIRES;June 18,2011 'fi, W Bonded Pau Notary Pubic Underwriters My commission expires: Rf,,h CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jaime and Damarys Oliva, 110 Jung Blvd. W.,Naples,FL 34120 this JSr day of 41 ,2008. 1 /71, M.Jeatson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Ayrnue S.,Ste. 300 Naples,Florida 34102 (239)263-$2Q6 • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CASE NO. 2007080436 Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, ?I rrl e_ 01Al•1 , 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 2007080436 dated the 26th day of June, 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 June 26th, 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 over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$460.20 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 60 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 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. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Respondent Mi elle Arnold, Director Code Enforcement Department ( z /o 2 W2deloor Date Date REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Affordable Whistler's Cove LTD, Respondent(s) CEB Case No. 2007060558 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 r-� Notice of Violation 3-4 Copy of Applicable Ordinance 5 Collier County Tax Collector 6-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007060558 COLLIER COUNTY, FLORIDA, Plaintiff, vs. AFFORDABLE/WHISTLER'S COVE LTD, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PLANNED UNIT DEVELOPMENT DISTRICT(PUD)zon-ZON-2.2.20. LOCATION OF VIOLATION: 11490 Whistlers Cove CIR Naples, FL ' SERVED: AFFORDANLE WHISTLER'S COVE LTD, 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 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)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. 2007060558 Affordable Whistler's Cove Ltd.Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 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 4.06.05(J)(2)General Landscaping Requirements 2. Description of Violation: Required Landscape has fallen below Collier County approved Site Development Plan 97-006 standards. 3. Location/address where violation exists: 11490 Whistler's Cove Circle Naples,Florida Folio#439840006 4. Name and address of owner/person in charge of violation location: Affordable Whistler's Cove Ltd. Dwayne N.Gray Jr.Registered Agent 201 E.Pine Street Suite 500 Orlando,Florida 32801 /-� 5. Date violation first observed:6-20-2007 6. Date owner/person in charge given Notice of Violation: 6-21-2007 7. Date on/by which violation to be corrected: 8-1-2007 8. Date of re-inspection: 3-27-2008 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 31st day of March,2008 ,-� poNOTARY PUBLIC-STATE OF FLORIDA Yousi Cardeso Susan O'Farrell „„ Commission#DD723966 Code Enforcement Investigator Expires: OCT.10,2011 STATE OF FLORIDA BONDED THRU ATLANTIC BONDING CO.,INC. COUNTY OF COLLIER IS+Sworn to ,- .ffirm d)an ubscribed before this 1 1 day of V dl ,,,2008 by aU �46-ry.C_(' • q0 S C,o -cJ c o (Signa,.r- o Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-05 n COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT /" NTO: ORDER TO CORRECT VIOLATION(S): .vlr. Dwayne N. Gray Jr. Registered Agent for Affordable/Whistler's Cove, Ltd. You are directed by this Notice to take the following corrective action(s) 201 E. Pine Street Suite500 Orlando, Florida 32801 Obtain a copy of the Site Development Plan (SDP- 97-006) for the property and return all landscaped LOCATION OF VIOLATION(LEGAL AND ADDRESS) areas to their original condition. This will include Within Collier County Zoning District: RMF all trees, shrubs, groundcover, and irrigation. Sec 32 Twn 50 Rng 26 Subd Blk 8 Lot Parcel Of Collier County Record. Property ID: 00439840006 ON OR BEFORE: August 1,2007 PUD 97-1 Tract Unit SDP 97-006 OR 2489 Page 2766 :OR Page PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the AKA(Address) 11490 Whistler's Cove Circle date specified above will result in, NOTICE (1) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No. 05-55 and 07-44,as amended,you are costs of prosecution. notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- OR described location. •—■ (2) Code Enforcement Board review that may result )rd No. 04-41 as amended Section 4.06.05(A)and(B)(4) in fines up to $1000.00 per day per violation, as long Ord No. 04-41as amended Section 4.06.05(C)(1-10) Ord No. 04-41 as amended Section 4.06.05(J)(1-2) as the violation remains, and costs of prosecution. PUD#s: SERVED BY: Regulations: ❑ ZCertified Mail Personal Service ❑Posting of Property Sections: HEREBY acknowledge Dated: I' g that I have received, read, and understand this notice of violation. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). On 06-120-2007 I observed that the property had fallen Signature and Title of Recipient below the standard set by the approved Site Development Plan with many missing trees, palms, hedge material and Print failing sodded areas. This is in violation of the Collier County Land Development Code. Dated this 21 day of June 2007 INQUIRIES AND COMMENTS SHOULD BE DIRECIED TO CODE Reference case number: 2007060558 ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 403-2488 Fax:(239)403-2343 Investigator signature 5., e O. , t."-NOLATION STATUS: lInitial ERecurring ['Repeat Notice of Violation Original to File Cnnv to Recnnndent (:nnv for Site Pnctina Cony for Official Pnctinv Rev R/(1'1 „ SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complet A. I.,ature item 4 if Restricted Delivery is desired. s , X ❑Agent • Print your name and address on the reverse;- h/ ail( l/ �• ❑Addressr• T so that we can return the card to you. .4.' -: v-. b�y(Pr red . Date of•wive • Attach this card to the back of the mailpiece S or on the front if space permits. '.." I d_ D. Is delivery address different from ite ■ Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No i 9 JUL'07 P 4:55 v = b E A$FFDWAORDYNABLE N/WHGRAISY TLJER R'(R S/ACC).4.7 a N 0 201 E. PINE STREET ST,SC ' a a o U ORLANDO, FL 32801 3. Se ice Type I— a , " ified Mall ❑Express Mail CL a H W ¢ Case Nbr - 2007060558 Registered ❑ Return Receipt for Merchandir W o - --V) un ,,, -- ❑Insured Mail ❑C.O.D. 0 �, a W o 4. Restricted Delivery?(Extra Fee) ❑Yes W , l fl_ = a � ,� a ° 7007 0220 0000 4037 6398 1�'/�\1,�v ��C ��` (/_—)C�cfi a ._ � 4 H N 0 ,.,r........ ......,,..,...-_.___y 1 r) M Q 4 J 'o w a N Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15• Q o N w z z w i ,Z , a H 4 z a o .A co .W d i 0 Z E'ENDER: COMPLETE THIS SECTION 'COMPLETE THIS SECTION ONDELII DELIVERY O E. m a�i d� ' .t5,: W N LUi `° g a w °".1 rt II Complete items 1,2,and 3.Also complete LL .` o. 3 .. g a° N O U a item 4 if Restricted Delivery is desired. \ Agent 111114a4J1 4 ' . F— 2. 1 ¢x c n Print your name and address on the reverse ■ Address mE so that we can return the card to you. j_ceiv d by Prfrtte� ame) . .ate of. ve WE ¢e : Attach this card to the back of the mailpiece, I r V " w ¢w m °m = or on the front ff space permits. it l ��t kK,i' I 3 D. Is delivery address different from ittii 1? ❑ es IS • 9 L E 0 fI 0 0 0 0 0 2 2 0 L O O L Article Addressed to: If YES,enter delivery address below: No AFFORDABLE/WHISTLER'S CC St 5 % DWAYNE N GRAY JR (R/A) 9 JUL'O7 Pm 4:48 ,.._..-----/ 201 E. PINE STREET ST 5C - ORLANDO, FL 32801 3. 'cell Type Certified Mail ❑ Express Mall Case Nbr - 2007060558 Registered ❑ Return Receipt for Merchandi: ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 .y 7007 0220 0000 4037 6404 _�dv (ic ‘...e .‘ SOq,1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1: ■ 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 f•-•\, 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 r; W Y I 2625493 OR: 2667 PG: 1744 UCaun is OffICI1& UCQIIS of COLUU Court, ft 44125/21N at 17:11111 SIM I. iiOCI, Ch,IQ -- by Waaib ne In 15.11 N.aa90c19y.9.ra,. OOC•.7S .71 ammical bits.La bor.P I1tll: i»vxmwsva.ari.ua 11121111111C 101111 1�itYIClti card°,n.mn 1111147 III In ssli UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this 25th day of March, 1999,between AFFORDABLE/WHISTLER'S COVE, LTD.,a Florida limited partnership(hereinafter referred to as"GRANTOR"),and the BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA,AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DI STRICT,its successors and assigns,(hereinafter referred to as"GRANTEE"). WITNESSETH: That said Grantor,for and in consideratio, , of Ten Dollars and other good and valuable consideration to said Grantor in hand paid , i whereof is hereby acknowledged,has granted,bargained and sold to the said ran :-;taT,- and assigns forever,all utility facilities lying within the following together with a casement rights for the operation, installation and maintenance of sal. • .situate,lying and being • Co r County,Florida,to wit: (See .it"A"her • '••• ••rated • rcfere • •- • ) and said Grantor does hereby t the tl to .11r'• � ,, N1 defend the some against the Li% hewn!Chains of all persons w• t. • • �,•:- • co --,Ake utility facilities conveyed herein ,� � shall not be deemed to convey '. Pit• •-=« •_• i, 'bit ` . •and Grantee are used for singular or plural,as context regt alit. IN WITNESS WHEREOF, :k l t, has caused these presents (n) - ted the date and year first above written. 01, i WITNESSES: t' i p WITNESSES: AFFORDABLE/WHISTLER'S COVE,LTD., a Florida limited partnership 1 . /f By: WHISTLER'S COVE,INC.,a Florida pointi 1 %oQ ru, . C. t ST corporation,its General Partner L gy :Todd Bonk /L ` i• Title: President • !'tint: I�•L7aI��" • 1 • OR: 2667 PG: 1745 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was executed before me this 25th day of March, 1999,by Todd Horde,as Vice President of WHISTLER'S COVE,INC.,a Florida corporation,as General Partner of AFFORDABLE/WHISTLER'S COVE,LTD.,a Florida limited partnership,on behalf of said corporation and said partnership. He is personally known to me. "--37 Notary Public; State o Florida Print Name: /v al,/.G Crf T12_ My Commission Expires: My Commission No.: � ;.i My ccUISSt i +Nano EXPIRES n�•_� Nev iAllr t.tIN A' o1m1w11M►MNmat 0 IDAWMR'HtCilERUJl1LtiYFAC ( wJ CQ CZ o 1! \--Cr ..- 2^E CI C #L t 5/ . 2 is 4 MP..-23-9& 71.E 1C:54 1M P. 11/1E 0.! , ' OR; 2667 PG; 1746 *** EXI{IBI r,,A,. LI & DRZCai rz.Y All that part of Section 12, Township SC Sesth,aange 241 Nast, lying Norte, and Cast cf the 7awiaet Trail (U.S. 8ianwsy 4.I Liss AIC) £MX7T • parcel of land described as follows: beginning at the Intersection of the North lire of said Section 12 with the Northeasterly right-of-way line of the Taniami Trail (U.S. Riyhwy el) , ran No:tl SS degrees S7. 10• tact 1ss.s0 feet along the said North line of Section 32; thence South Ss doggies 111' )0" Kett 1,47.0, feet to the said right•or•vay lint, thence North 3! degrees 31' 30` west 10C.aa feet along said right-of-way line ee the Point of Beginning. fan Or LICA& DISCIZMION NO ISM, of Woun• .pi` )(Pruning unsausfacuw• 11si • wig wh41 nxx:ved ° V � cig- A COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Affordable Whistler's Cove Ltd Violation of Section(s)4.06.05 (J)(1-2) General Landscape Requirements Pruning and Maintenance Ordinance 04-41 as amended The Collier County Land Development Code Susan O'Farrell, Code Enforcement Official Department Case No.2007060558 DESCRIPTION OF VIOLATION: 1. Missing, failing, and deficient landscape that have brought the property below the County Approved Site Development Plan 97-006 standards. RECOMMENDATION: 1) Pay operational costs in the amount of $ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within 30 days of this hearing or a daily penalty of$150.00 will be imposed as long as violation persists. The restoration of the property shall include the removal of prohibited exotics throughout the property and in the Preserve and the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas. 2. Submit a Preserve Management Plan to be approved by Collier County to ensure the continued maintenance of the Preserve and the eradication of prohibited exotic vegetation in perpetuity within 30 days of this hearing or a daily penalty of$150.00 will be imposed as long as violation persists. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO: 2007060558 Affordable Whistler's Cove Ltd. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Sc 6 71."(-- Z r-1 w c v- K , on behalf of CA ( (f/t,; (ovc. s b-(-r( as representative for Respondent and enters into this Stipulation and Agreement with Collier County a to the resolution of Notices of Violation in reference (case) number 2007060558 dated the 21st day of June, 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 June 26, 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)(2) and are described as: Required Landscape has fallen below Collier County approved Site Development Plan 97-006 standards. THEREFORE, it is agreed between the parties that the Respondent shall; 1) _ Pay operational costs in the amount of$545.35 within 30 days of this hearing incurred in the prosecution— - of this case. 2) Abate all violations by: (a) Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan with attention paid to required landscape and native vegetation areas withindays of this hearing or a da. penalty of$150.00 ill b 'mposed as long as violation persists. / OI"I-'l,OCo � �" 3) Respc sent must notify Code Enforcement that the violation has been abated and request th. lnves s.;tor to come out and perform a site inspection. I 14*,,!: algid."-- - M44 Re sonde,' ichelle Arnold, Director Code Enforcement Department - ` 6vr (41a$ Dat- Date REV 2/23/07 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO: 2007060558 Affordable Whistler's Cove Ltd. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, SC 6 Z:Al w C Y�G , on behalf of • C.z/1,1( d/t,if (,,o v- A ff t b-(-t( as representative for Respondent and enters into this Stipulation and Agreement with Collier County a to the resolution of Notices of Violation in reference (case) number 2007060558 dated the 21st day of June, 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 June 26, 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)(2) and are described as: Required Landscape has fallen below Collier County approved Site Development Plan 97-006 standards. THEREFORE, it is agreed between the parties that the Respondent shall; - 1) -Pay operational costs in the amount of$545.35 within 30 days of this hearing incurred in the prosecution-----_.._—__ of this case. 2) Abate all violations by: (a) Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan 95-22 with attention paid to required landscape and native vegetation areas within' days of this hearing or a daily penalty of$150.00 will be imposed as long as violation persists. CC 3) Respo •ent must notify Code Enforcement that the violation has been abated and request th e Inves .:tor to come out and perform a site inspection. ahbid"-- fpc fro Re sonde►" ichelle Arnold, Director Code Enforcement Department , ` 6, Pr toto ivs Dat- Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007060558 vs. AFFORDABLE WHISTLER'S COVER LTD Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 26,2008,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 AFFORDABLE WHISTLER'S COVER LTD is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,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 11490 Whistlers Cove Circle,Naples,FL,Folio 439840006, more particularly described as(see attached legal)is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,section 4.06.05(J)(2)in the following particulars: Required landscape has fallen below Collier County approved Site Development Plan 97-006 standards. 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,section 4.06.05(J)(2)be corrected in the following manner: • 1. By restoring the required landscape of the property to the standards set by the Collier County approved Site Development Plan 97-006 with attention paid to required landscape and native vegetation areas within 90 days(September 24,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24, 2008, then there will be a fine of$150 per day for each day so long as 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$545.35 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 Sr day of4 ' ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FL')RIDA BY.��/l/ / e'.Id Lefebvre, air 2800 North Hor.eshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of 2008,by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County, rida,w o is personally known to me or ✓who has produced a Florida Driver's License as identification. " KRISTINE HOL TON KA:#-CCU.":.4 4r. ;{ MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: • r,' Bonded•Ihru Notary Public Undenwrtt:rs CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Affordable Whistler's Cove Ltd.,Dwayne N. Gray,Jr.,R.A.,201 Pine Street,Ste. 500,Orlando,FL 32801 this \Sr day of ,2008. M.Jean son,Esq. Florida :ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 Inge 1i FLORIDA o my of cOLUEN • 1 HEREBY CERTIFY THAT this is a tnue s :affect copy of aiktiMirst,:on die in Board Minut ``and Recoros of COW Count) /MSS 'rt nd o � ' i 1 this asy:' f --V- )WIGHT E.'igi0Ofti CLERK OF'COURTS eit 940. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO: 2007060558 Affordable Whistler's Cove Ltd. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Sc 6 Z, w c,,,µ4 ti , on behalf of • C.z ( (f/tv; (.o v c- ,41rf 1 L as representative for Respondent and enters into this Stipulation and Agreement with Collier County aS to the resolution of Notices of Violation in reference (case) number 2007060558 dated the 21st day of June, 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 June 26, 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)(2)and are described as: Required Landscape has fallen below Collier County approved Site Development Plan 97-006 standards. THEREFORE, it is agreed between the parties that the Respondent shall; - 1) Pay operational costs in the amount of$545.35 within 30 days of this hearing incurred in the prosecution---- ----- of this case. 2) Abate all violations by: (a) Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan with attention paid to required landscape and native vegetation areas withindays of this hearing or a da• penalty of$150.00. ill b 'mposed as long as violation persists. 3) Respc, sent must notify Code Enforcement tha the violation has been abated and request th 9✓ Inves •.•.tor to come out and perform a site inspection. I ∎k ' 414.,4d mac. M Re sonde" ichelle Arnold, Director Code Enforcement Department . ` 6, vr 14 -fa$ Dat- Date REV 2/23/07 r • . 2625453 OR: 2667 PG: 1744 UC41111 is OFFICIAL WOW of COUIU 0o1171, 11 0412512117 at 17:1111 DIIsr 1. 110n, CLIU >.i■..spmepr.rrr.d..sm TIC III 15.01 WOmprOWA.10111. DOC-.70 .71 Ma Ns beE,PA lots: I>s v.c.rw t+wC t+rr uo11 110I1111I�C 11YI11 MCP or.r�n.�, SE1i[1 III In ssu UTILITY FACILITIES WARRANTY DEED THIS INDENTURE made this 25th day of March, 1999,between AFFORDABLEIWfIISTLER'S COVE, LTD.,a Florida limited partnership(hereinafter referred to as"GRANTOR"),and the BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA.AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DI STRICT,its successors and assigns,(hereinafter referred to as"GRANTEE"). WITNESSETH: That said Grantor,for and in consideratio . - . . Ten Dollars and other good and valuable coaaidetation to mid Grantor in hand paid s' -Ar3 41.ijihereof is hereby acknowledged.has granted,barpined and sold to the aid r 7 *.. and assigns forever,all utility facilities lying within the following .- together.with . easement rights for the operation, imtallation and maintenance of •« situate,lying and being ' Co r County,Florida,to Nit: "AA" • ) (See it' - � �, ', ., ., ., � ref-1 .,• � ., ', and mid Grantor does hereby i' the � .• r� Ni defend the same against the all _ !��., co, T*.!, utility facilities conveyed herein ,�1 slut►not be deemed to convey - J, � � bit "` . °and Grantee are used for•singulu or plural,as context req -.�, ,'J IN WITNESS WHEREOF,cf t. has caused these ' lea ted the date and year first above written. WT7N`.4SL4: I j + ' . r'' � WITNESSES: AFFORDABLE/WHISTLER'S COVE,LTD., a Florida limited partnership \ �1 . By: WHISTLER'S COVE,INC.,a Florida Pruitt rim: � t2 IOf)rte.h C. i f St corporation.its General Partner By' N :Todd Bonk `11 Title: President . Poet, /�•LL/ s, • 1 • STATE OF FLORIDA OR: 2667 PG: 1745 COUNTY OF SEMINOLE The foregoing instrument was executed before me this 25th day of March, 1999,by Todd Borck,as Vice President of WHISTLER'S COVE,INC.,a Florida corporation,as General Partner of AFFORDABLE/WHISTLER'S COVE,LTD.,a Florida limited partnership,on behalf of said corporation and said partnership. He is personally known to me. Notary Public;State oFlorida Print Name: N ad,' . may! J12- My Commission Expires: My Commission No.: e N.Daps errs►.Jr ;. WY CAI/ASSO i Ct:1NIA E7Patf8 *: !Imam 1.in A' Wall 1w111wpww111111&1t 0 WANMNNCi1FiAU,f1Y MC .0R CO C 0 P\--7 ,...q O ? ECIRC,). 2 a: F 4 , MAR-23-99 TUE IC:S4 1M P. II/1E *** OR: 2667 PG: 1746 *** EXKLBl r"A" Lent, DR;CRSs'izon All Chet Section 52, Tcwaship C1 ofctd Castcfthe aeiantTri ltu.S. Righwey4.) tSS AN £ML7 East, parcel sn described as follows: •egioning at the Intersect:on of tae worth line of said Section .12 with :no Northeasterly right-of-way line of the ta:.sa*i Trail M.S. Rigby."'" ei) . r.+n xo::h ss degrees S7. 200 Bast 101.80 feet along the said xvrtt line of Section 32; thence South fe degrees 111• 70" Meet l47.0, feet to the said right•of-way 13114, thence North 3s degrees 31• 30• west tOC.cu feet along said right-of-way tine ee the Point of Seginning. ININ Or Law. DuCIZxzOe, G :rf nuu x f'n,iund What Nial what ns:cij ° -11') E-4 CII c COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Barron Collier Partnership, Respondent(s) CEB Case No. 2007070830 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 Collier County Tax Collector 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board /"■ BOARD OF COUNTY COMMISSIONERS, Case: 2007070830 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BARRON COLLIER PARTNERSHIP, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: REQUIRED LANDSCAPE HAS FALLEN BELOW COLLIER COUNTY APPROVED SITE DEVELOPMENT PLAN INPROVEMENT 2005 AR 8238 STANDARTS LOCATION OF VIOLATION:8004 TRAIL BLVD Naples, FL SERVED: BARRON COLLIER PARTNERSHIP, Respondent Susan Ofarrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY 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 /"-\ vs. DEPT CASE NO. 2007070830 Barron Collier Partnership,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,Collier County Land Development Code: Section 4.06.05 J(2) General Landscaping Requirements 2. Description of Violation:Required Landscape has fallen below Collier County approved Site Development Plan Improvement 2005 AR 8238 standards. 3. Location/address where violation exists: 8004 Trail Blvd. Naples,Florida folio#67390040001 4. Name and address of owner/person in charge of violation location: Barron Collier Partnership c/o Randall J.Latona Registered Agent for Grills of Naples LLC 838 Neapolitan Way PMB 301 Naples,Florida 34105 5. Date violation first observed: 7-18-2007 f"--\ 6. Date owner/person in charge given Notice of Violation: 8-7-2007 7. Date on/by which violation to be corrected:9-20-2007 8. Date of re-inspection: 3-31-2008 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 31st day of March,2008 ,-"' Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affiirmed)and subscribed before this day of 11104&L--&L--2007 by . / 411■ ../ 409 Al '_,/ (Si• .tune :f otary Pu tic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification �\ Type of identifica ion produced NOTARY PUBLIC-STATE OF FLORIDA e""''''. K.A. Van Sickle - ,.,;"';" Commission#DD618-"".r':. REV 3-3-05 -%,,,,�•,,.•'Expires: NOV.29,20:0 BONDED THRII ATLANTIC BONDING CO.,LtC. 2. COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT /-PTO: ORDER TO CORRECT VIOLATION(S): 3arron Collier Partnership You are directed by this Notice to take the following do Randall J. Latona, Registered Agent for corrective action(s) Grills of Naples LLC Obtain a copy of the Site Development Plan 838 Neapolitan Way PMB 301 • (SDPI 2005 AR 8238) for the property and return Naples, Florida 34105-3227 all landscaped areas to their original condition. This will include all trees, shrubs, groundcover, LOCATION OF VIOLATION(LEGAL AND ADDRESS) and irrigation. Within Collier County Zoning District: C 4 Sec 34 Twn 48 Rng 25 Subd Blk A Lot 1 Parcel ON OR BEFORE: September 20,2007 Of Collier County Record. Property ID: 67390040001 PUD Tract Unit SDP 8238 OR 2102 Page 401 : OR Page PENALTIES MAY BE IMPOSED: Failure to correct the violations on or before the AKA(Address) 8004 Trail Blvd.Naples,Florida date specified above will result in, NOTICE (!) Mandatory notice to appear or issuance of a Pursuant to Collier County Code Enforcement Board citation that may result in fines up to $500.00 and (CEB) Ordinance No 07-44, as amended, you are notified costs of prosecution. that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- OR described location. n (2) Code Enforcement Board review that may result 'd No. 04-41 as amended Section 4.06.05(J)(2) Ord No. Section fines up to $1000.00 per day per violation, as long Ord No. Section as the violation remains, and costs of prosecution. PUD#s: SERVED BY: Regulations: OPersonal Service ECertified Mail ['Posting of Property Sections: I, HEREBY acknowledge Dated: that I have received, read, and understand this notice of violation. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Signature and Title of Recipient Did Witness: On 7-18-2007 I observed many dead and — U.S. Postal Service,. dying required landscape trees. This is in violation of the Prtn (ncERTIMatED NoInsu., RECEIPT LrIN Collier County Land Development Code which states that Dan l7 Only; Insurance Coverage Provided) the owner shall be responsible for the continued For delivery information visit our we6site.at:www.usps.come maintenance and upkeep of all required landscape so as to Ref m present a healthy plant in a condition representative of the ° Postage species. 0 Certified Fee 0 Return O (Endorsement Required)Fee Postmark Here INQUIIZIES AND COMMENTS SHOULD BE DIREC 1 ED TO CODE quired Here ENFORCEMENT INVESTIGATOR Susan O'Farrell Restrict 2800 No.Horseshoe Dr.Naples,FL 34104 p (Endorse 1 659-5754 Fax:(239) ru BARRON COLLIER PARTNERSHIP RJ TotalP gAAIDALL J LATONA, 1n O .estigator signature Oc ___ I 1 11111 N -nt To PA GRILLS OF NAPLES LLC 838 NEAPOLITAN WAY PMB 301 � Sheet.''' NAPLES, FL 34105 3227 VIOLATION STATUS: I, or PO ea Comae 1,c 0 7070 X30 "'"""""""" ®Initial ORecurring Repeat City state . f-,,, *rte _ an-,n 7 n o i n PS Forrn 3800,AugUSt 2006 t_. :I See.Reverse for Instruetio OS Notice of Vinlatinn (lrioinal rr,t:,- • a o N > I N N bc 0-0 ocV .1 r V •g-= S O E N N .571.4 CC 0 o W � l\ ti :Si� m m • E. •-•-c- illb""'. igj 4 g Fca 0 0 El a v) s 1 . u, • ,,, ----.) ..E. ,CO ' � � > 0 , 7, it cv a ! o itcJ 3 at m 0j y V e°3 d X • d ri 00 ¢ . c U m ami 0 -7,5- . CD m m a H ..a o a > a H o m o Z pEt� LSm x rir� o O. ,' o. >> a) a 4 P7 N% =- U SV C Ow Z ) c C Cl■ `n a m tmA ro Y E a g es >+ o !O c o .0aLEaam aZOa a4c 0 0 ~ N N W w N M � C a) a 2 N L 1 + i.. NEC7.- a I-I WH C ri C . - a co 1-7 ) OH 7 a m v m a a s ti a Z ' E - 01-4v) 0 .‘-, O a)Oaaa Faa 1 ci occ ,_ mmw a zAHW n ,. r >w. v a) U a: z w-' o.v >,ca.c•-• Q a 0 CO a , u N CO 0 0E.- ccao c�i r g r E �� Luz U�ar°nQO` Q Wc � oO z c co • • • r cn 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 6. ~vW v��1�VJµ11J Page 1 of 1 Collier County Tax Collector ',...„ 3301 Tamiami Trail East Naples, FL 34112-4997 2007 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY INFORMATION Name:IIBARRON COLLIER PARTNERSHIP Parcel:167390040001 II Acre:112.21 Address:11C/0 GRILLS OF NAPLES LLC 1 Loc:118004 TRAIL BLVD NAPLES (Map) Address:IIRANDALL J LATONA 1 Legal:11PINE RIDGE 2ND EXT REPLAT Address:11838 NEAPOLITAN WAY PMB 301 1 Legal:11BLK A LOTS 1,2 AND 3 Address:II 1 Legal:11 Address:11NAPLES,FL 34103-3119 1 Legal:11 VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS I PAYMENT INFO Market Value:113,098,780 County:1110330.41 Nov:1133128.29 Taxable Value:113,098,780 School St:118633.20 . ( Paid Dt:1112/11/2007 Dec:133473.38 1 Recpt:I11767 Millage Code:11118 School loc:117948.37 Jan:1133818.47 1 Mach:1128 Homestd Ex:110 City Tax:110.00 Feb:1134163.55 1 Paymt:1133,473.38 Agricltr Ex:110 Dependt:II2,141.88 Mar:1134508.64 Mort:110 Widow Ex:110 Water:111,491.75 Apr:11.0 1 11 0 1 Blind Ex:110 Independ:113,295.55 May:11.0 STATUS INFO. Disabled:110 Voter Appr.11667.48 Now Duel Non Ad Va:I1N Veteran Ex:110 *Gross Tax:II34508.64 Installment:llN Wholly Ex:110 Appr fee:11.0 Deferred:IlN �\ Civilian Ex:110 Advertising:110.00 1 Bankrupt:ll 1 TDA:10 0 S- a' °I4 e , ,. 2003 Parcel Information 1 2004 Parcel Information 1 2005 Parcel Information I 2006 Parcel Information Last Updated: 03/28/2008 5:00pm http://www.colliertax.com/search/view.php?ID=212446&page=1&tc=1&taxyear=2007 3/31/2008 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Barron Collier County Partnership do Randall J. Latona Registered Agent for Grills of Naples, Florida LLC Violation of Section(s)4.06.05 (J)(2) General Landscape Requirements Ordinance 04-41 as amended The Collier County Land Development Code Susan O'Farrell, Code Enforcement Official Department Case No. 2007070830 DESCRIPTION OF VIOLATION: 1. Missing, failing, and deficient landscape that have brought the property below the County Approved Site Development Plan Improvement 2008 AR 8328 standards. RECOMMENDATION: That the CEB order the respondent to pay operational costs in the amount of $ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Restore the required landscape of the property to the standards set by the Collier County approved Site Development Plan Improvement 2005 AR 8238 with attention paid to required landscape and buffers within 30 days of this hearing or a daily penalty of $150.00 will be imposed as long as 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 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Willie L. and Marjorie Davis, Respondent(s) CEB Case No. 2007-68 DEPT. No. 2003060142 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: 2003060142 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DAVIS, WILLIE L AND MARJORIE, 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: 06/26/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: SITE HAS BEEN DEVELOPED WITHOUT AN APPROVED COLLIER COUNTY SITE DEVELOPMENT PLAN LOCATION OF VIOLATION: LEE ANN STREET SERVED: DAVIS, WILLIE L & MARJORIE, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-68 DEPT. CASE NO. 2003060142 Board of County Commissioners vs. Willie L. and Marjorie Davis Respondent(s) Violation(s): The Collier County Land Development code 2004-41, The Land Development Code as Amended, Section 10.02.03. Location: 6222 Lee Ann Lane,Naples, FL Folio # 00247200003 Description: The site has been developed without an approved Collier County Site Development Plan; structures and fences illegally erected without Collier County Building Permits; and the company. Davis Trucking Co, operation with neither a Certificate of Occupancy not an Collier County Occupational License. Past Order(s): On August 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 4276 PG 3182, for more information. The Respondent has not complied with the CEB Orders as of August 23, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 17,000.00. See below. Order Item # 1 and Order Item #4 Fines at a rate of$200.00 per day for the period between February 20, 2008-May 15, 2008 (85 days) for the total of $ 17,000.00. Fines continue to accrue Order Item #8 Operational Costs of $ 578.09 have been paid. i"■ 9 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-68 vs. o g WILLIE L.AND MARJORIE DAVIS, Respondents MCI 0 a FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD N y; THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard coo • testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its c ° Findings of Fact, Conclusions of Law,and Order of the Board,as follows: aPel as rte. o P FINDINGS OF FACT 1. That Willie L.and Marjorie Davis are the owners of the subject property. A Isq a Respondent,2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the having been duly notified, appeared at the public hearing,and entered into a Stipulation, which was FT, amended. cr.% 1 1 " CCP P". cu 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. LC, '° 4. That the real property located at 6222 Lee Ann Lane,Naples,Florida 34109,Folio 00247200003 more =44 particularly described as (see attached legal), of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended, Section 10.02.03 in the following m particulars: 04:1a Site has been developed without an approved Collier County Site Development Plan; structures and fences illegally erected without Collier County Building Permits;and the Company,Davis Trucking Co., operates with o neither a Certificate of Occupancy nor a Collier County Occupational License. a ORDER OF THE BOARD •d Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, which E. County Ordinance No. 04-41,it is hereby ORDERED:is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier t7 N sz That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, Section V H pq 10.02.03 1 E be corrected in the following manner: /"\ 1. By obtaining an approved Site Development Plan,permits,inspections,and a Certificate of Occupancy within 180 days(February 19,2008). 2. By obtaining a Local Business Tax Receipt within seven(7)days after receiving the C.O. 3. In the alternative,by obtaining a demolition permit,inspection,and Certificate of Completion to restore the property to its original condition within 180 days(February 19,2008). 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by February 19, 2008,then there will be a fine of$200 per day for each day for each day the violation remains. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by February 19, 2008,then there will be a fine of$250 per day for each day the violation remains. 6. That if, in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board by February 19,2008,then there will be a fine of$200 per day for each day the violation remains. 7. 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. r---I 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in M the amount of$578.09 within 30 days. ate. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this of 2 day of ate ,2007 at Collier County, 0 Florida. Q CODE ENFORCEMENT BOARD ""\ COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisa. I day of9J 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,wl s personally known to me or \/ who has produced a Florida Driver's License as identification. ;''+:'''' CHRISTINA L URBANOWSKI \ r `'� s MY COMMISSION 1 DD 241717 ��//�� c•, r. EXPIRES:November 22,2007 NOTARY P :LIC BondedThru Notary Pablo Underwriters My commission expires: _i a e of r LORAL:A ur r, of COLLIER I HEREBY CERTIFI' THAT this Is a tuft ape nrrc:ct cc= y of a CQOurnqmon tale in Board i-nutes, :d-RE o'as' Collier Courtly c vrn,r r• r� WITH S3 my`t'i A=.t:,,70 ,01,4iciai:=seal this Satk-_ day y k, ZOO DWIGHT E 03.RQ y CLE OF COURTS t .� CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER ha$been sent by U. S.Mail to Willie L. and Marjorie Davis,4971 22nd Avenue S.W.,Naples,Florida 34116 this 78 day of U.St ,2007. /77 M.Jean Rawson sq. Florida Bar No. 50311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 •=ze-. Naples,Florida 34102 °OY (239)263-8206 Co") N /—*\ C • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, n Vs. CEB NO. 2007-68 Willie L. Davis and Marjorie Davis, Respondent(s), Dept. Case NO. 2003060142 STIPULATION/AGREEMENT COMES NOW, the undersigned, WILLIE L. DAVIS, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) umber 2003060142 dated the 6T" day of June, 2003. ) 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 August 23`d, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 3.3.2, 3.3.3, 3.3.5.2, 3.3.53, 3.3.11 of Ordinance 1991-102 ,.C") As Amended, Collier County Land Development Code; replaced by section(s) 10.02.03 of 00 c Ordinance 2004-41 As Amended, Collier County Land Development Code and are described as development and improvements of vacant industrially zoned property without an approved Collier County Site Development Plan, Building Permits, Inspections or Certificate of Occupancy; and also operating a business on this same site without a Collier County Local Business Tax Receipt (Occupational License). f 0 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$578.09 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining an approve Site Development Plan, Permits, Inspections, and a Certificate of Occupancy within days of this hearing or pay a fine of $200.00 per day until this requirement is met. And subsequently, obtain a Local Business Tax Receipt within (7) seven days after receiving the C.O. or pay a fine of$250.00 per day until this requirement is met. or... Obtaining a Demolition Permit, Inspection and C.O. to restore the property to it's original condition within days from the date of this hearing or pay a fine of$200.00 per day until this requirement is met. /r 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. // Res ondent _ Michelle Arnold, Director_ - Code Enforcement Department REV 2/23/06 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO 2007-68 COLLIER COUNTY---------—_ ____ _ DEP CASE NO.2003060142 BOARD OF COUNTY COMMISSIONERS,Petitioner vs. WILLIE AND MARJORIE DAVIS Respondent(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER -" BEFORE ME, the undersigned authority, personally appeared 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 August 23`d, 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 4276 PG 3182,et. seq. 2. That the respondent not contact the investigator. 3. That a re-inspection was performed on 5/ 11/08 . 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in non-compliance with Order# 1 of the board in that a Site Development Plan with permits inspection and final certificate of completion(CO)was not obtained and approved within 180 days of the date of the hearing, February 19th, 2008. The SDP was release on March 20th,2008. FURTHER AFFIANT SAYETH NOT. Dated5/2/,2008. COLLIER CO "'", ORIDA COD: ENFORC I NT BOARD KitTar. Snow Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5th, May,2008 by Kitchell T. Snow. (Sign e of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA �,, Name of Notary Public) "'° K.A. Van Sickle Commission#DD618488 Expires: NOV.29,2010 Personally known BONDED Tin U ATLANTIC BONDING CO.,04C, Rev 1/9/2008 7 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-68 vs. WILLIE L.AND M.ARJORIE DAVIS, Respondents / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 26,2008,on an Agreed Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the 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 Je limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Orcer. DONE AND ORDERED this t Sc- day of C V +,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD FLORIDA COLLIER COUNTY,F, 0 DA State of RIDA - ,r?q,; :.4 BY: :il___ - '/; ./, ;aunty of COLLI R e . d LeFebvre, r air 2800 North Ho shoe Driv• I HEREBY CER1I FY THAT this ba We an. Naples,Florida 34104 :orrect copy at a.document-on file in Board Minute's and Recoroa Of Col lier Co tt* lAnSayrngin7tittsiptil-44 tu ts DWIGHT E. BROGK.CLERK OF COURTS 41100 ;t1141164411. ,,,ar.i.—.: .. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1��day of ,2008,by Gerald LeFebvre,Chair of the Code Enforcement Board of Collier County,Florida_ personally known to me or v who has produced a Florida Driver's License as identification. """ IORIST@E HOLTON E NOT Y PUBLIC MY COMMISSION#DD 68659:" My commission expires: 2a.r,�s; EXPIRES:June 18,2011 ,e c.t'� Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been set by U. S.Mail to Willie J,.and Marjorie Davis,4971 22nd Avenue S.W.,Naples,FL 34116 this 1' day of O ,2008. .,/ ( -e, (22,,,,,,,, M.Jean a son,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206