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Backup 07/31/2008 Code Enforcement Board Backup July 31 , 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: July 31,2008,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—June 26,2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance 1. BCC vs. Florida Metal Master, INC CEB NO. 2007090640 Motion for Extension of Time 1. BCC vs. MKA Holdings, LLC CEB NO. 2007070696 B. STIPULATIONS C. HEARINGS 1. BCC vs. James Bachmann CEB NO. 2006090001 2. BCC vs.Ahmed and Melissa Celik CEB NO. 2007110592 3. BCC vs. Richard and Lisa Karnes CEB NO. 2007060801 4. BCC vs. Florida Metal Master, INC CEB NO. 2007090640 5. BCC vs. Carlos Perez CEB NO. 2007080099 6. BCC vs. Juan Hernandez and Adrianna Garcia CEB NO. 2006081209 7. BCC vs. James L. Hargraves CEB NO. 2007110616 8. BCC vs. Barron Collier Partnership CEB NO. 2007070830 9. BCC vs. Ridgeport Limited Partnership CEB NO. CES20080005303 10. BCC vs. Pry of Naples, LLC CEB NO. CES20080002782 11. BCC vs. M &M Developers, LLC CEB NO. CESD20080002249 12. BCC vs. Genel Bricius and Dieumila Faugue CEB NO. CEPM20080004430 13. BCC vs. Genel Bricius and Dieumila Faugue CEB NO. CESD20080004919 14. BCC vs. Robert and Jeanie Ankney CEB NO. 2007050259 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.Anthony Gualario CEB NO. 2007-94 3. BCC vs. Teudis Zamora CEB NO. 2006120209 4. BCC vs.Naples Property Services, LLC CEB NO. 2007050653 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. Carmen Vasallo CEB NO. 2007-46 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE- August 22,2008 11. ADJOURN CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007090640 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FLORIDA METAL MASTER 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Airplane fuselage,graninte/marble slabs, and dumpster, in parking area intended for vehicular parking violation sidte development plan (99-125) LOCATION OF VIOLATION:4443 Arnold AVE Naples, FL SERVED: FLORIDA METAL MASTER INC, Respondent Heinz Box, 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 0 ? CONTACT FACILITIES DEPARTMENT 1 EAST TAMIAMI TRAIL,NAPLES flOR10A 111 23774.8800SSISTED L S NING DEVIL OR THE HEAR NG MPA RED A AVAILA IN THE COUNTY RS'OFF Bendisa Marku July 17,2008 Secretary to the Code Enforcement Board 2800 North Horseshoe Drive Naples, Fl. 34104 Ph. 252-2440 Fax 252-2343 Request for Continuance Dear Ms. Marku, Please issue a Continuance for Case#2007090640(see attached Notice of Hearing). The Respondent has sent 3 letters by certified mail to the previous Director of Code Enforcement and did not receive any written response as requested. Attorney Peter T. Flood is now handling the case and needs more time to review the documents and communicate with the new Director of Code Enforcement. Sincerely Michael A. Tra P ass Prd' es. Florida Metal Masters Inc. 4443 Arnold Ave. Naples, Fl. 34104 Ph. 430-1155 Fax 430-1158 07/29 _ 103 1_: 5 _392t l_Ir� PETE.' FLOOD ,GE 02/02 PETER 7. FLOOD ATTORNCy AT LAW t?,!°NOkTW AIRPORT ROAI?,SUITE It6R NAPLES,I't,Oq{o/34104 TFI,RPHeNE MSS)2,&!4-Z177 FAX(2.S)203.0707 July 29, 2008 Bendisa Marku Secretary of. the Code Enforcement Poatd 2300 North]-lorsehoe Drive Naples,lordda 34104 R];: Michael A.Trappaso,Florida Metal Masters Inc. Case No.: 2007-090640 Dear Ms. Marku: Please be advised this office has been retained by Mr.Michael A. Tapasso of Florida Metal Masters, Inc.,in regard to the above referenced matter. I an requesting a thirty(30) day continuance,I have been on vacation and need some time to review the file. If you should have any questions please do not hesitate to contact my office. Very truly yours, , Pa* Peter T. Mood,Esq. Cc: Mr.Michael A. Trappaso ,j1 zex J 8(( ( / CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUN TY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007090640 vs. FLORIDA METAL MASTER, INC. Respondeni ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31,2008,on the R(spondent's Motion to Continue,and the Board having heard considered the matter,and being duly advised n the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on August 22,2008. Respondent waives service. 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 Orc!er. DONE AN J ORDERED this II day of Ci4f__,2008 at Collier County, Flori ja CODE ENFORCEMENT BOARD COLLIER COUNT , FLORIDA BY: 01A) , — Richard a- 'ng,Vice-Chair state 01 FLORIDA 2800 North rveshoe Drive ouniy of COWS Naples,Florida 34104 I HEREBY CERTIFY TfAT0sIs a true awl :correct copy of a docigiieht-on.rff Board Minutes andAlec6rog:,aSPQIIIe .Coutiy 1Sn1v ha ,� CIa1 s' 1 t}bS aay of wg ZIWIG E. BROOK; LERI(OF cowils f t4 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(), day of _,2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County, Flora who is personally known to me or who has produced a Florida Driver's License as ider tification. V. Al AL.' I a_ 1 rigi!'' NOTARY PUBLIC M. MYC KRIS My commission expires: ;.: .�� TAVE HOLTON COMMISSION N DD 686595 „?4,11,0 Bonded Thru EXPIRES: Public tt411hters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Florida Metal Master, Inc. ,Jill Palmer-Trapasso,R.A.,3609 Collage Club Lane,Naples,,�Flo�rida 34105 and to Peter Flood,Esq., 125 N.Airport Rd.,Ste.202,Naples,Fl 34104 this/ft-ay of 0,11-2008. 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 -COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: 2007070696 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MKA HOLDINGS LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 9:00AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:5939 Shirley ST Naples, FL SERVED: MKA HOLDINGS LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 4 12(139)7744-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE MANAGEMENT DEPARTMENT LOCATED AT THE COUNTY COMMISSIONERS'OFF CE EAST TAMIAMI TRAIL,NAPLES FLORIDA i F MKA HOLDINGS, LLC. 5939 Shirley St. Naples,Florida 34109 Phone(239)216-0502 Fax (239)597-2863 July 9, 2008 Attn: Bendisa Marku- Collier County Code Enforcement 2800 North Horseshoe Drive,Naples, FL 34104 RE: Code Case#2007070696 / 5939 Shirley Street Naples, Fl. James Walker/MKA Holdings LLC 5939 Shirley Street,Naples,FL 34109 (239)216-0502 ph. Ms. Marku, Reguarding our conversation yesterday, this is to request an appearance before the board at the meeting at the end of this month. The stipulation agreement signed 3-27- 08 expires this month, but states that if a sip or sdp is required, that I would come back to the board to request more time. Although I have obtained the permits required for the front of my building,the county is requiring a SIP for the rear of the building. That SIP is in process,but I do not yet have a date when it will be complete. When it is complete,then the work must be completed to the specifications of the SIP. We have been dilligent in all of our efforts to finally and completely resolve these issues that we inherited when we purchased the building, but need more time to complete the process required by Collier County. Sincerely, James M. Walker Retn: INTER OFFICE 4149441 OR: 4347 PG: 0599 RBC FEB 61.00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL B MARKU 252 5892 04/08/2008 at 11:22AM DWIGHT B. BROCR, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007070696 MKA HOLDINGS, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befor- rv. (W owni • 7,2008,and the Board,having heard testimony under oath,received evidence,a •eti: +• - • = Hate matters,thereupon issues its Findings of Fact,Conclusions of Law,a + Of-- i f the Board,as o • s:1. • GS OFF 1. That MKA Holdings is the ow.e •- s • .:: 2. That the Code Enforcem- t B rd has • pe f t - Respondent and that the Respondent,having been duly noti , •s,,.' ,, E; .rin:....►:n - nto a Stipulation. C^ . 3. That the Respondent was n r' t t of the date of hearin: t.. - fieo and by posting. ..fie 4. That the real property located .19 hirley Street,Naples i.? Folio 00246760007,more particularly described as(see attached leg. e+, •. •tion of C s .far Ordinance 04-41,the Land Development Code,as amended,sections l0.; 0 (1( i 11.0 s.(B)(1)(e)(i)in the following particulars: Structure/additions of office space,stairway and canopy without first obtaining all required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, t.ie Land Development Code,as amended,sections 0.02.06(E)(I)(a)and 10.02.06(B)(1)(e)(i)be corrected in the following manner: I. By obtaining all AFT permits for all unpermitted construction/remodeling/additions on property and by obtaining all inspections through certificate of completion within 120 days (July 26,2008). 2. In the alternative, by obtaining a demolition permit and by removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state and by removing all OR: 4347 PG: 0600 3. By ceasing any activity that is not in compliance with and accordance with the Land Development Code of Unincorporated Collier County. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by July 26,2008, then there will be a fine of$200 per day for each day until the nonpermitted construction/remodeling has been permitted,inspected and CO'd. 5. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by July 26,2008,then there will be a fine of$200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$406.07 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. O DONE AND ORDERED this L day of �_ •._ � ,2008 at Collier County, Florida. 4 o O� +�"e My ' a—•� SENT BOARD c COLLIER Clio - LO• DA, / Y: �.- ..i\ A A / ebvre •hair / • At .. :r oe Drive STATE OF FLORIDA ) )SS: n C i COUNTY OF COLLIER) C,,,,��,, The foregoing instrument w. - 'owledged before me t • 4 . •f , 2008,by Gerald LeFebvre,Chair of th- t o. forcement Board of • younty� ` . who is personally known to me or .a . : 'duced a s �rtT-r's License as identification. iU�HOIJ0N N• ARY PUBLIC 414.4.r MY O S #00686595 My commission expires: EXPIRES:June 18,2011 ` Rf', 'r Bonded Thou*eery pubic undwIMn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has be��en�sent�"by U. S. Mail to MICA Holdings, LLC, 5939 Shirley Street,Naples, Florida 34109 this 2'' day of ^9 ,2008. /2 ;IQ ' --2,_<, M.Jean 5 son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS OR; 4341 PG; 0601 Collier County, Florida Petitioner, Vs. DEPT NO. 2007070696 MKA HOLDINGS JAMES M. WALKER (AS REG AGT), Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned(' MOit gl wy, on behalf of himself wt.,,rgeirl as representative for Respondent a enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007070696 dated the 27Th day of March , 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 27th March , 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41 The Land Development Code Sections(s) 10.02006[B11][a, 10.02.06[B][1][e][i] Jan. 1•- ®-. as construction/ additions done without proper building permits. - ,0 O- vl' THEREFORE, it is agreed betwee tie).('ties that the Respo •en ,hall; 1. Pay operational costs i the - r 06.1 incu -d i the prosecution of this case within 30 days of the d e • t ea 0.s. 2. Abate all violations by A. Obtain t" wo 1(.41 » act- p .,. s for all unpermitted construc 45'. emodeling/additio ion pro.` and get all inspections through certificate 'eV'.mpletion (CO) -a:::. 2 e s of the date of this hearing or a fine of $200.01 S • .y will be impo • Ail such time as the unpermitted construction/r- Ae ! has be- . in ed, inspected and COed OR Obtain a demo permit an. ..cJnc4.,.. ed construction/remodeling/additions within 120 days of the date o . . •. ,g and restore the building to its original permitted state or a fine of$200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all constructio waste to the appropriate site for such disposal. j c p S•Cc. `JB t c l;eg otca-� tAl" fe-S ,c. ' Cam_�e", i 6e ce, A-04 a 1^- .41 ...0.-k--t.'7 B. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. C. The respondent must notify the Code Enforcement Investigator when the violation been ab d in order to conduct a final inspection to confirm abatement. l s, ,L • ,, X64 fPondent Michel ' mold, Director Code Enforcement Department /yam) Date Date REV 2/23/07 C- /I (Cie CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007070696 vs. MKA HOLDINGS,LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 31,2008,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 for a period of six months. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN ,FLORIDA BY: 04A) 1/7-./Richard Kr�er '#�g,Vice-Chair aat8 01 F L(Jk1liH 2800 North Horseshoe Drive ounty of COWER Naples,Florida 34104 I HEREBY CERTIFY THAT this Is a true an ;orrect copy of a document on fs'J In Board Minutes and llecorosO' jj VaSS my h• rss and oiliVai, clay of WI • E. BROCK, CLERK OF COURTS . tte, A ItamAda nic. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this (y"day of ,2008, by Richard Kraenbring,Vice-Chair of the code Enforcement Board of Collier County,Flo 'da,who is personally known to me or ■/who has produced a Florida Driver's License as identification. y KRISTINE HOLTON �t • +s MY COMMISSION#DD 686595 1-10-M Y1 EXPIRES:June 18,2011 NOTARY PUBLIC 40 Bondod'Rim Notary Public Undawdters 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 MICA Holdings,LLC,5939 Shirley Street,Naples,Florida 34109 this Lem day of ,2008. M. Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA / /" CODE ENFORCEMENT BOARD CEB CASE NO.2007070696 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MKA HOLDINGS,LLC.,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Kitchell T. Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on July 31", 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 4347/4385 PG 0599/0723, et. seq. 2. That the respondent didcontact the investigator. 3. That a re-inspection was performed on November 24th, 2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by order# 1 of the board to obtain after the fact building permits for all construction/remodeling/addition with all inspections through certificate of completion within 120 days of the date of the hearing(July 26th, 2008). The respondent requested a hearing before the CEB to request an extension of time. The extension of 6 months was granted on July 31', 2008. The permits were coed on October 22",2008. The violation is abated. FURTHER AFFIANT SAYETH NOT. Dated February 5th, 2009. COLLIER COUNTY,FLORIDA CODE ORCEMENT BOARD the now Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5th, Feb,2009 by Kitchell T. Snow. (Sig/tur- •f Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Jennifer E. Waldron '= Commission#DD823767 Commissioned ' '"'' (Print/Type/Stamp '•• .,,,••'Expires: SEP..17,2012 Name of Notary Public) BONDED THRU ATLANTIC BONDING CO.,INC. Personally known J Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007070696 vs. MKA HOLDINGS,LLC. Respondent / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 31,2008,on the Respondents'Motion for Extension of Time,and the Board havin, a •'• . and being duly advised in the premises, hereby GRANTS the said Motion. CP '<*--.' c,:, OFT' :s • RD IMP Based upon the foregoin an• • .ua, o -a h• D • i 7 apt.r 162, Florida Statutes,and Collier County Ordinance No.92 @ fit i • :• • ` '4 ► ` F"( That the Respondents' Motion ' nsion of Time is GRA. ' D • pondents are granted an extension �' for a period of six months. �� 1� Any aggrieved party may appeal a •.I • • MTV t• e Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal s`• ' •, . g 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 19 day ofaA:426_,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNT;FLORIDA BY: ON / " Richard Kr�et6,Vice-Chair Mate 01 F�tdk11JA 2800 North Horseshoe Drive my of COLLIER Naples,Florida 34104 I HEREBY CERTIFY THAT this Is a true an. 4198671 OR: 4385 PG: 0723 :orrect copy of a Cocument on fliCin RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Board Minutes and Recorato ;C; 08/11/2008 at 08:53AN DWIGHT E. BROCK, CLERK IRESS my h 0 and Q airlift RBC FEE 18.50 aay of st=. Rata:INTER OFFICE CODE BNFOACB NENT DWI r E. BROCK,CLERK OF COU1t. JEN WALDRON 252 2444 - := :�1 ..,i� Dom`. *** OR: 4385 PG: 0724 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this (p day of ,2008, by Richard Kraenbring,Vice-Chair of the code Enforcement Board of Collier County,Flo da,who is personally known to me or who has produced a Florida Driver's License as identification. IWSISSI NCDD6 Vu`L'W f_1 MY COMMISSION t OD 686595 ; �,•• EXPIRES June 18,2011 NOTARY PUBLIC it '4 Bonded Thru Nary Pubic Undentlers I___ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to MKA Holdings,LLC,5939 Shirley Street,Naples,Florida 34109 this Lei'day of ,2008. \AV M Cyr. G M.Jean;P son,'"q. 1\lorida Bar No. 751• 11 - - Att.rney •r e Code nf. cement Board - ,i't a: ' .3it n ( • t6s. 'HE cl - Retn: INTER OFFICE 4149441 011: 4347 PG: 0599 AEC FBI 61.00 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL • B MARKU 252 5892 04/08/2008 at 11:22AM DWIGHT B. BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007070696 MICA HOLDINGS, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befor rJ:alard`att . • 7,2008,and the Board,having heard testimony under oath,received evidence,a •e .,�._ .: riate matters,thereupon issues its Findings of Fact,Conclusions of Law,a. •f the Board,as a 7 GSOFFCT 1. That MKA Holdings is th ow.e •- s . ._ 2. That the Code Enforcem- t B :rd has ' •• • • —pe `; f t Re.pondent and that the I " Respondent,having been duly noti �: .•s;,• • . ,,, •�... ;.. n nto a Stipulation. 3. That the Respondent was n of the date of hearin:_, fie • and by posting. 4. That the real property located • •9 hirley Street,Naples ' ., • olio 00246760007,more particularly described as(see attached leg• v • •tion of • .bu• Ordinance 04-41,the Land Development Code,as amended,sections 10.► t, ,Va,1-af t t s.(B)(1)(e)(i)in the following particulars: Structure/additions of office space,stairway and canopy without first obtaining all required Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1 Xa)and 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By obtaining all AFT permits for all unpermitted construction/remodeling/additions on property and by obtaining all inspections through certificate of completion within 120 days (July 26,2008). 2. In the alternative,by obtaining a demolition permit and by removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state and by removing all OR: 4347 PG: 0600 3. By ceasing any activity that is not in compliance with and accordance with the Land Development Code of Unincorporated Collier County. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26,2008, then there will be a fine of$200 per day for each day until the nonpermitted construction/remodeling has been permitted,inspected and CO'd. 5. That if,in the alternative,the Respondent does not comply with paragraph 2 of the Order of the Board by July 26,2008,then there will be a fine of$200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$406.07 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L day of !. • ,2008 at Collier County, Florida. ak `�OP COLLIER C• � ENLO'DAD / AW At eral 7 e ebvre •hair / 2:'4- • :r! oe *rive 0 o STATE OF FLORIDA ) )SS: ( ∎ COUNTY OF COLLIER) C� The foregoing instrument w. • •owledged before me t i eh fj 2008,by Gerald LeFebvre,Chair of th :•• forcement Board of • 'ounty,Florida,who is personally known to me or •• :y: ••duced a •. .` is License as identification. p ( 1 elite FaISiiwEHOLTGN Na ARY PUBLIC ION#00686595 My commission expires: EXPIRES:June 18,2011 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has be�en�seenttb U.S.Mail to MKA Z Holdings,LLC,5939 Shirley Street,Naples,Florida 34109 this ' day of �► —,2008. /9: • M.Jean • • son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 BOARD OF COUNTY COMMISSIONERS OR: 4347 PG: 0601 Collier County, Florida Petitioner, Vs. DEPT NO. 2007070696 MKA HOLDINGS JAMES M. WALKER(AS REG AGT), Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned(' 1 I#A7lY9 on behalf of himself 6C/1't as representative for Respondent a enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007070696 dated the 27TH day of March , 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 27th March , 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41 The Land Development Code Sections(s) 10.020060B3(1][a, 10.02.06[B][1][e][i] Jan. j. - -?Q;• as construction/ additions done without proper building permits. tiL OAT THEREFORE, it is agreed betwee Fte)�sties that the Respo •en ,hall; 1. Pay operational costs i the &nouilt of $406.1 incu -d i the prosecution of this case within 30 days of the d e • t 'La�-ea . 2. Abate all violations by I .1 A. Obtain C) 1 .. _ act- .. ` for all unpermitted construe : i modeling/additio 1 on pr• . 4 and get all inspections through certificate ft.mpletion (CO) 1. 2►. 0 of the date of this hearing or a fine of $200.01 . .y will be impo . ,i til such time as the unpermitted construction/r-11,0 '., . has be- , ed, inspected and COed OR Obtain a demo permit an. - jnc . .,'. ed construction/remodeling/additions within 120 days of the date o o s i it ,-.1 .g 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 removed. Remove aalll'' constructioz_waste'too the appropriate site for such J FeS -Co,.-e._INa,,�, Tv k..044.42,� 4-010`1- B. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. C. The respondent must notify the Code Enforcement Investigator when the violation Pris ' 'r` been ab d in order to conduct a final inspection to confirm abatement. f LLNM /SAE 4 pondent Michel old, Director Code Enforcement Department 3 . 2-7- b3 3/a --) g Date Date REV 2/23/07 THISINSTRUMENTWASPREPARED 3789105 OR: 3986 PG: 1116 WCTHOUTTHE BENEFIT LEGAL RECORDED is OFFICIAL RECORDS of COLLIER COURT, IL OPINION OR TITLE EXAMINATION 02/22/2006 at 01:5841 DNIGHT 1. 1110CR, CLIIL This Instrument Prepared By CONS 2031874.00 • L. N. Ingram, III, Esq. 11C III 21.00 Attorney-at-Law DOC-.10 14223.30 Florida Bar No. 038572 Rea: Suite GLOBAL SITU CO idte No. 302 13500 TMIAII ill I II 900 Sit Avenue South MIS IL 34110 Naples, Florida 34102-6792 Folio Number 00246760007 Folio Number 00248160003 WARRANTY DEED THIS INDENTURE made this the 17th day of February, 2006, by and between STEWART T. MACFARLANE and MARY S. MACFARLANE, Husband and Wife, of the County of Collier, State of Florida, GRANTORS and MICA • .••. .c . C. A Florida r„, �,� Company whose post office addre= ; •39 • �<'4`�.. reet 40, Naples, F 11�� 34109 of the County of Col 101 •a, W •E. j . jtaftla 1 • That said Grange• li . - -: • •47,41 of the sum of TWO MILLION THIRTY THOUSAND EIGHT ' ,e'=*� : -FOUR DOLLARS ($2,031,874.00) and • , 4 -.00d and va . - 9%• •sideration, to said O NO- /1680k Grantors in hand paid b 41 •4,43--. 11-7 - •eipt where of is hereby .4 acknowledged, have granted, f kLan- w mi g g •= �4• old to the said Grantee, and Grantee's heirs and assigns forever, the following described real CI . - property situate, lying, and being in Collier County, Florida, to-wit: 0 Lot 97, J & C INDUSTRIAL PARK, an unrecorded plat lying in Section p 11, Township 49 South, Range 25 East, Collier County, Florida, more tv particularly described as follows: Commencing at the West 1/4 corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; Thence along the East and West 1/4 line of said Section 11, as surveyed, N 89°30'40.8, 667.70 feet for the PLACE OF BEGINNING. Thence N 0.31'42• W, 130.38 feet; Thence S 89•28'186W, 358.47 feet to the centerline of a road; Thence along said centerline S 10°43'428 W, 130.91 feet; Thence S 5.09'50. 8, 1.73 feet; Thence N 89. 30' 40. 8, 383.88 feet to the PLACE OF BEGINNING. • OR: 3986 PG: 1117 III and Lot 132, J & C INDUSTRIAL PARR, an unrecorded plat lying in the North 1/2 of Section 11, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commencing at the West 1/4 corner of Section 11, Township 49 South, Range 25 East, Collier County, Florida; Thence along the East and West 1/4 line of said Section 11, as surveyed, N 89°30'40• E, 667.70 feet for the PLACE OF BEGINNING. Thence N 0°31'42' W, 130.38 feet; Thence N 89°28'188 E, 325 feet to the centerline of a road; Thence along said centerline S 0°31'426 E, 130.61 feet to the said East and West 1/4 line; Thence along said East and West 1/4 line, S 89°30'40• W, 325.0 feet to the PLACE OF BEGINNING. Both parcels being a part - , 14' • _t 1/4 of said Section 11; Both parcels are c• • j�'� - o.ject to -- (xm ions, reservations, easements, drainag- F nts and road ri• •' -way of record. Both parcels are � •u -tandi••g -1t:sessmenta for the Pine Ridge Munic •- :,''T= !'! t an. ad valorem taxes for the calen. - tS • �� T',►:3,1 �, • ch the grantee for t sly agrees, 1 * ! °��; ..v! and said Grantors d• till' :. )1.' � -aid land, and will defend the same agar -;• •e lawful clai. . .ti 40•ersons whomsoever. s `� O IN WITNESS WHBR$• �`'� . Grantors • - • — •to set the Grantors ni NO hands and seals s •e • ± v �' _-,-• , 2006. — col �- igne. , sealed, • • C1 elivered --� in th- p se• --2, 0-1:1 ---;•,-.-AI 4��. - . tnes!-`T 1 S ewart - ar -, Grantor o [Pr nted Name of W t:^17141. ' NLS) Mary 8. Macfarla , Grantor Witness Po /trS 07 et (VA) [Printed Name of Witness 2.) e:aewe.dN rem. 02/1U/00 • _2- ' - - - -- _-- - -- . Y. . • *** OR: 3986 PG: 1118 *** • • STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument wrCs acknowledged before me this the 17th day of February, 2006, by STEWART T. MACFARLANli and MARY E. MACFARLANE, [X] who are personally kno • . me; or II who produced a Flor'da•..Driver' - Li ensue ;„%- identification. / �,�-1: d LN. 1 cr r u ot. . • ! c WY COMMISSION S DDSg11Z otfitrANIVIrtil...- .•alftLs- '4' i Eft:Seploir 16. �,� 4115. — �:.��.�.7 ] z..41- r n....,n,...e r 1:401 ._ :, V '1 d Name o f Not-c- • •1 C Co •• Number: Comm - •n f' \ Expires tlito G � Pa 1111 411k(Fr_ 11 .1 w NO y c1C o • - • o:.tsae.daa r... O2/16/Of • -3- *** OR: 4347 PG: 0605 *** • _ _ r Ai?. ,i__, 2 \cc,,:) tr F_, • 'MI"; ECIR • state of FLORIDA - 7 .-4 ,t ;aunty of COWER HEREBY CERTI; i THAT this is a true*A/ :orrect copy of a aocument on.file In Board Minutes and Recoras of Coiner County Ivil S ay my of hr+I ani Qfii t Ott lot this Yl J DWIGHT E. BROCK, CLERK OF COE/R apt Lk' t o i ift0.124■36 a•,,.i.irme..,.. • • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James Bachmann,Respondent(s) Case No. 2006090001 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-8 Deed 9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006090001 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BACHMANN, JAMES, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unauthourzed/Prohibited above ground pool in Agricultural zoned property. LOCATION OF VIOLATION: 1180 Dove Tree ST Naples, FL SERVED: BACHMANN, JAMES, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 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 2006090001 James Bachmann,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 of the Collier County Land Development Code section 1.04.01 and 2.02.03. 2. Description of Violation: Unauthorized/prohibited above ground pool in Agricultural zoned property 3. Location/address where violation exists: 1180 Dove Tree Street Naples Florida 34104 4. Name and address of owner/person in charge of violation location: James Bachmann, 1180 Dove Tree Street Naples,Florida 34104 5. Date violation first observed:August 31,2006. 6. Date owner/person in charge given Notice of Violation: July 6,2006. ,----\ 7. Date on/by which violation to be corrected:July 20,2007. 8. Date of re-inspection: July 23,2007. 9. Results of Re-inspection:Above ground pool not removed. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Cod et.ave failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo. d fa : • blic acing. Dated this 15th. day of August, 2007 I Ilk ichelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to .r a:.•,i ed . . subscriaed before this( of 1",2007 by 1 i��! _ - , . _ no enrn.. (Signa 'it:f Notary Public) Prin 4 :,_ . 'p' e ,.,,':,., -d I AV'• , ota Publ� l�01I Personally known or produced identification !1'y ?y Type of identifica on produced " -�s� -v"r "° r aa.adi•e�d paiaaseaa l\iHaiiYa REV 3-3-05 t rT c -`` COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION 0' a'mes Bochmann Date: 7/6/06 Investigator Michelle Scavone Phone: 239-213-2973 Zoning Dist Agricultural Sec 14 Twp 49 Rng 27 Mailing: 1180 Dove Tree Street Legal: Subdivision 100 Acreage Block 056 Lot .000 Naples FL 34104 Location: 1180 Dove Tree Street Folio 00304040009 OR Book 3031 Page 2039 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S): Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation(s) of the following You are directed by this Notice to take the following Collier County Ordinance(s) and or PUD Regulation(s) corrective action(s) exists at the above-described location. Must cease use of prohibited pool and remove ®Ord No. 2004-41 Section 1.04.01 unauthorized pool in this zoning district, or obtain a zoning verification letter stating that pool is directly ®Ord No. 2004-41 Section 2.02.03 ❑Ord No. Section related to a bona fide agricultural use on this Ord No. Section property. ❑Ord No. Section Supplemental attached DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). ON OR BEFORE: July 20, 2007 bserved on this Agricultural zoned property, with a bonified icultural use permit an unauthorized/prohibited above ground Failure to correct violations may result in: ,ol in rear yard without prior Collier County approval. 1) lMandatory notice to appear or issuance of a citation No development shall be undertaken without prior authorization mat may result in fines up to $500 and costs of pursuant to this LDC. Specifically, no building,structure, land or prosecution. OR water shall hereafter be developed, or occupied, and no building 2) Code Enforcement Board review that may result in structure, or part thereof shall be erected, reconstructed, moved fines up to $1000 per day per violation, as long as the located or structurally altered except in conformity with the violation remains, and costs of prosecution. regulations set forth herein and for the zoning district in which is located. SERVED BY: OAny use or structure not specifically identified in a zoning district Personal Service ['Certified Mail ['Posting of Propert as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. ❑F [Mail INQUIRIES AND COMMENTS.SHOULD BE DIRECTED TO CODE 0--- ii2VI.Z. ......,„____ ENFORCEMENT INVESTIGATOR: Michelle Scavone S'At. l e and Title of Recipient 2800 No.Horseshoe Dr.Naples,FL 34104 _ (239) 213-2973 t .: (239)�i, 3930 �lAM& &B4 M f Ail/es/ Investigator signature 1 , ��h>> 0C,� �Q-- Print —slit Dated this ~ day of - - ,200, VIOLATION STATUS: p. V 2f'nitial ['Recurring ORepeat 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 /1 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 111 COLLIER COUNTY LAND DEVELOPMENT CODE 1.03.02 C. The word °shall' is always mandatory and not discretionary; the word 'may" is permissive. D. Words importing the masculine gender shall be construed to include the feminine and neuter. E. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. F. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.The use of the plural number shall be deemed to include any single person or thing. G. Words used in the past or present tense include the future as well as the past or present. H. Unless the context clearly indicates to the contrary, where a regulation involves two or more items, conditions,provisions,or events connected by a conjunction"and,""or,""either...or,"the conjunction shall be interpreted as follows: 1. "And" indicates that all the connected terms, conditions, provisions or events shall apply. 2. °Or"indicates that the connected items, conditions, provisions or events may apply singularly and in any combination. 3. 'Either.., or°indicates that the connected items,conditions,provisions or events shall apply singularly, but not in combination. 1.03.03 Determination of Time A. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. B. The word "day° shall mean a calendar day. . C. The word month shall mean thirty (30) calendar days, unless a calendar month is indicated. D. The word 'week' shall be construed to mean seven (7) calendar days. • E. The word 'year"shall mean 365 calendar days, unless a fiscal year is indicated, or unless a calendar year is indicated. 1.03.04 Delegation of Authority The authority and responsibility for implementation of the provisions of this LDC are assigned to the County Manager or designee. Responsibility for individual provisions, regulations, or sections of the LDC may be designated, delegated, and assigned to other named individuals on an annual basis by the County Manager. 1.04.00 APPLICABILITY gFISI- The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. LDC1:4 n GENERAL PROVISIONS • 1.04.04 Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations,as the case may be,and shall apply uniformly to each class or kind of structure, use,land or water, except where specific provision Is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions In the total Unincorporated area of Collier County, except to the extent as expressly provided herein. It shall.be•unlawful for any person to create a subdivision of,or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). • 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LDC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. B. This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LDC. • 1.04.03 Exceptions A. Previously issued building permits.The provisions of this LDC and any amendments hereto shall not affect the validity of any.lawfully issued and effective building permit issued prior to the effective date of this LDC if: 1. The developmentactivity authorized by the permit has commenced prior to the effective date of this LDC or any amendment hereto, or will commence after the effective date of this LDC but prior to the permit's expiration or termination; and • 2. The development activity continues without interruption in good faith until development is complete. if the building permit expires,any further development shall be in conformance with the requirements of this LDC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LOC shall not affect the types,densities and intensities of land uses or the yard or landscape buffer width requirements of any (1)final subdivision plat and final improvement plan, (2)final site development plan, or(3)phased site development plan that has been approved for at least one final site development plan,provided each such development order was lawfully issued prior to the effective date of this LDC and remains effective according to the time limits and provisions established by this LDC. 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other,structure,or use,except where specific provision is made in this LDC. LDC1:5 • COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases'industrial districts,""zoned industrially,""industrially zoned,""industrial zoning,"or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. • 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this.LDC,then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District"A°.The purpose and intent of the rural agricultural district"A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities, related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP.The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in theA district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District"E".The purpose and intent of the estates district"E'is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities,the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use d7 • T Y• " +� *" 2977236 OR: 3031 PG: 2039 *** rtenmrCJ 9y i.uAruebchtwea•Sreggin uCOIDID td ORICIIL UCOIDS of COLLIII COMM, FL Island T1(le Guaranty Agility.Int. 01/01/2102 IL 12:11111 DNIGIT I. 110CI, CL111 tt1W Tall DItd." CONS 21100.00 !tAtt.LW EL 11C [II 1.00 t:tesdewal cc the iuut.a:r lit r ask n.araa•e pal'=> DOC•.10 1!3.20 �\ riitfuiober 03116aa COlIIS 1.00 Perm!ID k:0 RISC 1'00 i;uareeta)5.S a LL ARRAN TY DKr.() lets: 1lSUI17DIAL) ISLAND TIT11 GOAIIIfl IGSICT I !ICI U 171(WAAR ANT!'DULL),'Wet,.ft 1,1S/2002 to: haveatxtransamounoccatscumusivesza genets Jo Visited.'Norman,an ant emarrted widen..Cut►hint spouse•.t NS 011un mare w Norman whose puss alike address... .170 7111•esy.y.w,%spies,IL 2.1110 twcartler called the CIRAS":LIR to lames iaeitraau whose pun 4411(..tire.•,te In Rimmed Sot Hollywood, FL 33013 0 hereanAer pllkJ the GRAti'1'LL `t 7 A foray used herein the(.77t4''6wt.t.1• :^d •tlaan.te. tulude a, Woe v.ilm.nuhwtt.'at,un+'Iie heat Lint rpreuDWrruesa: amps M'indsvbd AL and the teieeetas+re ens=slut ul:u:pu:at:nm t WITh'FSSRTH• That the(JAN fort, rot ar 1 to sa nei er.tton of the sum'it tlu.tx)and uthet t:Iuahle;niwd:ratunu n•..qu • wltetvut Is nsesisy atk:uwledgMM,hereby gnaw.Wpm..eel e.att,•n..r:tnii:s.:rlestee,servos real maims two the lil:A\1 EE. ell Oust tena nt hind,nurse in Collier Counts.Flurisa.ea. t 1 The West 1.3 et tin flautb 1/2 of the nou.h 12 of the S Ill u(the earth 1.2 of the NwTisurw lit has the WIIM.1S feet spawn(. siedtasol fur road pmrpo.es,lying sod being In Section U.luwight?49 South.Range 27 rim,engirt County.Florida. Cenanl.X beaky warrants that tttr prupc>•ly dra•rthed lit thin instrument ii not his cuusiituliunal h,►meiteati a twewsd.ed t:y the Flnnda Constitution. sUu1L'I'f ►U curemaute.ruadiuxu.tern e;Anr,r.ecro,..•. .. tkA, .w.,rru utr,nil ae.,vea:;ytl of record,if any. oast rttJ autesvnenn for she scar TOW end ...14miarn.©�.�apsb:Rtt@ipy.lip0_ •oy rr bean_ti ant's re.vw-aons roll{znhiintsuer nictrr t try dgnsmta emal autlworitia:..a any V li-' (f d. 7 AGETFi6It w:th 1U do km-intro..hat.J,', .y ,hi ut'p•near(.es tl4r4r:0 k - 4u tit a tywtee appertaining. TO NA VF ANT)TO HOLD.the SA MC a Pot:► 'NI.,'.:e.:: • ANSI'11W tilIAN10.4 booby...Mi..% Is .'+ ." i n l •..M.( r t.kA.`.J UN it 1a■.Udly.:tin:•d u•maul ,. r nd,n.at►tse.ple:Hatt dot(MAST:: lass eIC. a 0 R y th e Out ar.,b suUv erernnta the 4sit t..sold dent ur:d ill I rl+ 1.1 .a. t fug 1, ..rs trig w►vwtw.rae 1 1 C). N t ITa'FSS K'HF' tiitAh t'_t' ° 'gaud and scaled 1 ere pr ,nb t'r. , h Jbore cri7YRnrhr xh I:r,c I: IT i Ill 1 * : aalNV:irtnl ls: CJ0 . raw N / lain?t t in awn ��. E C `� !SASS-Lgy.of..r;e1.,>• trial Nate _ Sa41e of 4571/0 Cooney of__ I am a nwaty p;tbl,r..t ire that.:o!�1ytAegirrrd ery.n.mt:suy,ewa:r.t. Hit.FCNVOOIN(,INSTRtWMENT we:aeknnale.j0A.heists nu or 4W!!. stn !y. Meade its Vlt'lnta Nutmegs,au unr.nrrrird widens.Surviving spouse of WtlYant Its win Norman • (Le,, C'/ N-kie . ..'+4o .L..sea m i�•..........00100411 4, ,/ , Amonr2.Zoos n ltd `yuLC ud &(( t( CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006090001 vs. JAMES BACHMANN, Respondeni ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31,2008,on the Motion to Continue requested by the County,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 August 22,2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AN)ORDERED this 11 day of ,2008 at Collier County,Florida CODE ENFORCEMENT BOARD COLLI• ' COON ,FLORIDA BY: Richard Kr:enb :,Vice-Chair 2800 No Horseshoe Drive State of FLORIDA Naples,Florida 34104 .ounty of COLLIER i HEREBY CERTIFY THAT this Is a true and :orrect cony of a document Qp Aiftin Board Minutes and ;?ecQto NOTE55 my hard and tcl. s� f ",„ day o OWl . BROCK,qtat Q wont* STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this() day of ,2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County, Flor a,who is personally known to me or ✓who has produced a fFlorida Driver's License as idertication. K KRISTINE HOLTON , NOTARY PUBLIC ,. MY COMMISSION#DD 686595 ! My commission expires: ••%-y EXPIRES:June 18,2011 1',R��(,so Bonded Thni Notary Pubic linden'nten CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James Bachmann, 1 80 Dove Tree Street,Naples,FL 34104 and to Peter Flood,Esq., 125 N.Airport Rd., Ste.202,Naples, Fl 34104 this f day of ,2008. ..1-, e-a-/e--(.../ ' M.Je. 'awson,Esq. Florio: Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ahmet and Melissa Celik, Respondent(s) CEB CASE NO. 2007110592 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8 Deed 9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA .--� Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007110592 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CELIK, AHMET AND MELISSA F, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION AND PERSERVATION STANDARD LOCATION OF VIOLATION: 1645 17th ST SW Naples, FL SERVED: CELIK, AHMET=& MELISSA F, Respondent Susan Ofarrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile ' IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)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.:2007110592 Ahmet and Melissa Celik,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 04-41 as amended Collier County Land Development Code Section 3.05.01 B Vegetation Removal,Protection,and Preservation 2. Description of Violation:Property has been mechanically cleared in excess of 1 acre without required permits and a berm has been created with the addition of fill. 3. Location/address where violation exists: 1645 176 Street SW Naples,Florida folio#45970600003 4. Name and address of owner/person in charge of violation location:Ahmet and Melissa Celik\ 1645 17th St. SW Naples,Florida 34117 5. Date violation first observed: 11-16-2007 6. Date owner/person in charge given Notice of Violation: 1-4-2008 7. Date on/by which violation to be corrected: 1-30-2008 8. Date of re-inspection: 3-9-2008 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 10th day of April, 2008 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S • ••a i -•) su scribe•��efore .riP.10th day of April ,2008 by Susan O'Farrell 06— f� i� (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known) or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Linda C. Wolfe Commission#DD739150 'Expires: DEC.07,2011 BONDED THRII ATLANTIC BONDING CO.,1NC. REV 3-3-05 7 Case Number:2007110592 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CELIK,AHMET=& MELISSA F Date: Dec/17/2007 Investigator SUSANOFARRELL Phone: Mailing: CELIK,AHMET=&MELISSA F 1645 17TH ST SW NAPLES, FL 3411744-45 Zoning Dist E Sec 19 Twp 49 Rng 27 Legal: Subdivision Block Lot Location1645 17th ST SW Naples, FL Folio 45970600003 OR Book 3941 Page 2406 Unincorporated Collier County NOTICE Pursuant to Collier County Consolidated Code Enforcement 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. Ordinance 04-41as amended Section 3.05.01 (B) DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness:On Novemer 16 observed property cleared in excess of 1 acre without required permitsand berm built contrary to Collier County requirements. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove fill and debris from property to an approved landfill facility. If berm is desired, build according to Collier ^County LDC requirements (section 4.06.05.1) Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i)that would determine the 80% survivability of species of the plants used in the mitigation effort over a five year period with replacement required to maintain the 80% minimum annually. A minimum of five reports will be submitted by respondent. Reports will be due at one year intervals [ ] Supplemental attached ON OR BEFORE: January 30, 2007 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Susan O'Farrell INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:Susan O'Farrell 2800 No.Horseshoe Dr. Naples, FL 34104 �0 h I (239)659-5754 Fax:(239)304-3942 Investigator Signature L1 Signature and Title of Recipient Printed Name of Recipient Dated: December 17, 2007 .. , 0 >0 -13.A.-0 Z A. O O O - _.. p [r O Al O3 3 0 _ � * 0D � = a c '3* - " � m- y CD rT w m0w �m O . T � .co N 0 w O- p.� 13 :6 co 5.9,.p m 1 _cn -o-Nn , m aCr � , 0D rn IIwCDam:Q ? 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All:::' t 4,,,,,,,, 7- ..- P•t.9 rri l''' • .-- ) ,6:-.5't ' ..-',,,,,),k4:'!. -.- ?,°T.ri • /I .,4 .7..) -C, 1 11 qt*r1 cc ■ E... . 0 D;4 -17.:4ra__ ."- —— =7'• 0 110 Cf...3 r.4.4A- •,--,-,r,a.• (.. 77 % 5 5.• .7.- t. ? —• 0 .:.-o11c.f1...54.".'..'„.-r':.'0-.M..A•J.1-..-.7 1 1--F--1:ce.,E-1,:7r--.,T,-1-,-=.,-:--J.7-'t,g.--_"-t-5.-.",:_•!i.--.,..‘_,—:-.__-...:.--,_. -,, a • 0 4 I)izr. t I I A a i -4 --....,---"": ............-1 i e'7.1.:71 AFFIDAVIT OF POSTING ^Respondent(s): Ahmet Selik Code Case 2007110592 1645 St SW CEB # Naples,Florida 34117 l'HE 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, Susan O'Farrell ,do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 1645 17th St SW Naples, Florida (Address) on 01-04-2008 , 10:00 ElA ,and at the Collier County Courthouse. OPM (Date) (Time) Cd___ Signature Susan O'Farrell, Environmental Spec Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 4th day of January,2008 by S •'Farrell. $.f 2erson making statement) ,.Z.A (Sign- 'e of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA (Print,type or stamp Evelyn Trimino Commissioned name of Notary Public) Commission#DD467747 Expires: AUG. 31, 2009 Personally Known .v ded Thru Atlartsc Bonding Co.,Inc. n Produced Identification Type of Identification Produced • Affidavit of Posting Orijnal to File Copy of Posted Notice and Pictures Attached 6/03 AFFIDAVIT OF 1VYALLING Respondent(s): AHMET/MELISSA CELIK Code Case 1645 17TH ST SW CEB # NAPLES, FL 34117-4445 2007110592 THE DESCRIPTION OF THE DOCUMENTS)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 54 Other: ((lei,. ir1cc I, Delica Pulse ,hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class,U.S. Mail to the above respondent(s) at _,s stated above (Address) Onthis L day of JeAnva.r\.( , 20 08 • 4114 ` � Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this I day of a vv v E. 200 9 ,by p.42- c. )v A 5�- (lr "-rson al:I tatemiva (Signature of Notary Public) , oNI� (Print,type or stamp a � r ` Commissioned name of Notary Public) 0 1"j,,, ,, 'ersonallyKnown c)..46 ao. • Produced Identification p', �4 �yd� Type of Identification Produced • ti�Sti6� l'4' sla • 7 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.00 3.05.02 D.1. 3.05.00 VEGETATION REMOVAL, PROTECTION,AND PRESERVATION 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions.Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to,palm fronds and cypress,for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural exemption.Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata(ground covers,shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed Supp. No.2 LDC3:24 fig . WARRANTY DEED *** 3744428 OR: 3941 PG: 2406 *" INDIVID.TO INDIVID. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL Return to:(enclosed self-addressed stamped envelope) 12/05/2005 at 01:3011 011011 E. BEOCI, CLERI Name: Action Title Services COOS 340000.00 Address: 3733 Tamiami Trail North Naples,FL 34103 _ — REC FEE 10.00 �".., This t Prepared by: SONIA MORALES DOC-,70 2730.00 3733 Tamiami Trail North Retn: Naples,FL 34103 ACTION TITLE CO Property Appraiser's Parcel Identification(Folio)Number(s): 45970600003 PILE UP File No.: 205100006 This Warranty Deed Made the /6/' day of DeLe/77 berA.D.2005 by ROBERT T.WALSH AND LANA S. WALSH,HUSBAND AND WIFE whose post office address is 6245-B COPPERLEAF LANE NAPLES,FL 34116 hereinafter called the grantor,to ABMET CELIK AND MELISSA F.CELTIC,HUSBAND AND WIFE whose post office address is 1(0 Lb /7 7.12 if: 511)1 Al apies 3 91/7 hereinafter called the grantee:(Wherever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor,for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate in Collier County,State of Florida,viz: THE NORTH Y2 OF TRACT 119,GOLDEN GATE ESTATES,UNIT NO.195,ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 7,PAGE(S)102,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Subject To covenants, conditions,restrictions, reservations, limitations, easements and agreements of record, if any; taxes and assessments for the year 2006 and subsequent years;and to. -,• -:. .ping ordinances and/or restrictions and prohibitions imposed by governmental authorities,if any, R C Together, with all the tenements,hereditamen(-`.�.-d. . .. ., i.. c'" o •'rag or in anywise appertaining. To Have and to Hold, the same in fee si etor' And the grantor hereby covenants with id:. a+ + .■ . _ : tor is wfully s iced f said land in fee simple;that the grantor has good right and lawful authority to sell and nve said -and d herby w.. is the tit to 'd land and will defend the same against the lawful claims of all persons. t✓ In Witness Whereof, the said grantor as st e�and' �tesF first above written. Signed,sealed and delivered in the presen l �� I•`--•• WIT,�'NESSES:(TWO W1TN SES REQU \ ! Printed Signature 9� �`� s':. y .:ERT T.WALSH Y • I jai ' rL i'v/ . / iL--, A ��■ Witness S'_ ee , Si.:.. .re LANA S.WALSH Printed N, 4 4 1%0' 0 Witness Signature Signature Printed Name: Witness Signature Signature Printed Name: STATE OF COUNTY OF Co//) i— / The foregoing instrument was acknowledged before me this S day of alC • ,2005 by ROBERT T. WALSH s.ID LANA S. WALSH, HUSBAND AND WIFE who is/are personally known to me or who has/have produced U' + if,J5 //(ei9 ' as identification and who did not take an oath. Notary Public,State and County Aforesaid .X.4)/1/.-0-•Notary Signature $ ) ,' a . /Y7U r7 �� }* My �1� Printed Notary Signature hq My Commission Expires: 0 IT 4 ' '• `! i '� , s v h{} may' S E�• r ai ,r s } i a , b Mt .ter t r '° 2� : ' $ : ` • s • r . ,. . : Ate' , • • ` a °, •.. ., y ..; ' +*• • { i fi b a , N iAliffitit- .• ' I\' V rr • { • ,- r eA ' a u a �� t 9 Y 4 e $. i ., x{ �" , v a�. Sq ....:X- _ 7. y ; •x E 'ft, il k n5° " • "Ik. . I�V V, it I. 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B#ms,; w a°a s , � ,y a ° " ',�"� fia r -t . : 9 � ElIC t "t„ I* .i a-' � y s.�,IF*s ",,. -- -c• -; :' - -' ---'1',;-,;- iii. - ,,,..----:-1.- _.,.., ,-)‘: - „„ 0..._ ' ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,nc for the data herein,its use,or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&p... 11/16/2007 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Ahmet and Melissa Celik Violation of Ordinance(s) 04-41 as amended, Collier County Land Development Code Section(s) 3.05.01(B) Vegetation Removal, Protection, and Preservation Susan O'Farrell, Code Enforcement Official Department Case No. 2007110592 DESCRIPTION OF VIOLATION: Property has been mechanically cleared in excess of 1 acre without a permit and fill added to property to construct a berm contrary to Collier County requirements. RECOMMENDATION: 1. That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case within 30 days of this hearing in the amount of: $ And abate all violations by: 2. Respondent must prepare a mitigation plan which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program(10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80%minimum annually. A minimum of two reports will be submitted by respondent. Reports will be due at one year intervals. This mitigation plan must be submitted within 30 days of this hearing or a daily fine of$150.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 15 days of acceptance of mitigation plan or a daily fine of$150.00 will be imposed for each day until plant material is installed. 3. Respondent must remove all fill and debris from property that has been placed as a berm within 30 days of this hearing or a daily penalty of$150.00 will be imposed for each day the violation persists. 4. The respondent must notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 -Latd 8 I iiic, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007110592 vs. AHMET AND MELISSA CELIK, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 Ahmet and Melissa Celik 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1645 17th Street S.W.,Naples,FL,Folio 45970600003,more particularly described as the North %2 of Tract 119, Golden Gate Estates,Unit No. 195,according to the Plat thereof of record in Plat Book 7,page 102,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41, the Land Development Code,as amended,section 3.05.O1in the following particulars: Property has been mechanically cleared in excess of 1 acre without required permits and a berm was created with the addition of fill. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,section 3.05.01 be corrected in the following manner: 1. By replanting 20 slash pines,2"in diameter,8-10 feet high within 180 days(January 27,2009) 2. By moving all rocks around trees back three feet within 180 days(January 27,2009) 3. The berm has been removed. 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 27, 2009,then there will be a fine of$50 per day for each day until such time as the trees are planted. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by January 27, 2009,there will be a fine of$50 per day for each day the violation exists. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$87.11 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of�Q� ,2008 at Collier County, Florida. ° CODE ENFORCEMENT BOARD COLLIIER COUNTY,FLORIDA Ilk,, k,kG Richard Kr nbring,Vice-Chair 2800 Nort orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(1 day of 2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. manNE HO!TON +' ,.,' MY COMMISSION it G85c 95 NOTARY PUBLIC = EXPIRES:June 188,,20;i Bonded/hp,Note7P Undety 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 Ahmet and Melissa Celik, 1645 17th Street S.W.,Naples,Fl this (9‘4.4" day of ,2008. u1 1 le,Ct■tAr> M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board State or ��© t�� 400 Fifth Avenue S., Ste.300 Amoy of COLLIER Naples,Florida 34102 (239)263-8206 I HEREBY CERTIFY THAT 1. 1! :effect copy at a document .fffe -,--, Board Minutes and Recor., • N ESS my hand an Alegi hfs ay of )WI I • E. BROOK, C COUNTY EXHIBIT A p TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Richard and Lisa Karnes, Respondent(s) CEB CASE NO. 2007060801 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10-11 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007060801 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KARNES, RICHARD L & LISA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Un unpermitted screen enclosure in the rear of the primary structure. LOCATION OF VIOLATION:627 PALM AVE Goodland, FL SERVED: KARNES, RICHARD L& LISA, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY 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)7744800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE / COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ' OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007060801 Richard L and Lisa Karnes,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance:04-41 The Collier County Land Development Code,sections: 10.02.06 (B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i)and The Florida Building Code 2004 Edition section 105.1 2. Description of Violation:An unpermitted screen enclosure in the rear of the primary structure. 3. Location/address where violation exists: 627 Palm Ave.Goodland Fl.34140 4. Name and address of owner/person in charge of violation location Richard L and Lisa Karnes, 627 Palm Ave.Goodland Fl.34140 5. Date violation first observed: 6/27/2007 6. Date owner/person in charge given Notice of Violation: 7/2/2007 7. Date on/by which violation to be corrected: 8/2/2007 8. Date of re-inspection: 4/30/2008 9. Results of Re-inspection:non compliance 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. r / Dated this 12th day of May, 2008 ,/ -.t Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swoa. ;irmed)and su.. .-. .-fore this�zday of 12008 by __-� .4„...,......„,.._., otary Puu (Print/Type/Stamp Commissioned Name of Notary Public) Personally known !/ or produced identification NOTARY PUBLIC-STATE OF FLORIDA n T yp e of identification produced -'°"''' Delicia Pulse ;fi,'` Commission#DD629723 Expires: JAN. 16,2011 BONDED THRU ATLANTIC BONDING CO.,INC. REV 3-3-05 Case Number o�,bO ObC CJ COLLIER COUNTY CODE ENFORCEMENT ,.� Building Permits,Administrative Code&Other Permit Requirements ,-- // , 7 NOTI OLATION , (., "! `76J x1/1}. )indent C1,6 Q' I ) t'G o,r� L Date: C17 Investigator:�Irirs ,�(� 1,4v� Phone: 239- - arra' L/soot VVV��, j n 1 - Zoning Dist VR / Sec /r- Twp S� Rug pC Mailing: p„,,, 1�, A t� (OC,cJ ic„,4'Gl Legal: Subdivrsiot '/ qv/ /a+`„ a/, Block G Lot / 5 .• . . • `�l )4U Location: / ��f� ' cJ „ y, It/d Folio 6 ya /o aood, OR Book 9841 Page unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 9S— Violation(continued): n-„ ��.,as ended,you are npl�f d that a vi lati s)of the following codes exist 0 ran•p1C�U'.—iI (*.c. / ' 6,� Florida Building Code 2004 Edition S tion 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance `►I 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, onstruct,enlarge,alter,repair,move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work B ding or land alteration permit and certificate of occupancy until the completion of the project. 10.02.06(B)(1)(a)Zoning action on building permits...no building or 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 111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. from a utility,source of energy,fuel or power to any building or system that is X. regulated by this code for which a permit is required,until released by the 0.02.06(B)(1)(e)Improvement of property prohibited prior to issuance building official. f building permit No site work,removal of protected vegetation,grading improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed .. � �� a vi V„�o err+��f�pe/ requires a building permit under this land development code or other ' pplicable county regulations. �:�'•ven -e hide vft .i n fh 'C.. /`P OLP a.,-'rvre.Pt. 5fr..,..A---e . ■,. 10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of 0,f, •„ - ► i r i it Cam . / :1y type,repairs or remodeling of any type that requires a building permit has S iut,/-u✓`e been completed, all required inspection(s) and certificate(s) of occupancy r er to Correct Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). 4 ust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II .P1Y for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, eluding materials from property and restore to a permitted state. electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are ust request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, ertificate of occupancy/completion. OR demolish described constitutes a hazard to safety or health, are considered unsafe buildings or improvements/structure and remove from property. service systems. All such unsafe buildings,structures or service systems are hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted 0103.11.2 Physical Safety[pools]. Where pool construction commences prior demolition of same. to occupancy certification of a one or two family dwelling unit on the same St4 property,the fence or enclosure required shall be in place at the time of final Violations)must be CORRECTED BY: building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property.the fence or enclosure required shall be in place prior to filling of the pool unless Failure to correct violations may result in: during the period commencing with filling of the pool.and ending with 1) Mandatory notice to appear or issuance of a citation that may result in completion of the required fence or enclosure, temporary fencing or an fines up to$500 and costs of prosecution. OR approved substitute shall be in place,etc. 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.135 Prohibited Activities prior to Permit Issuance. A building permit prosecution. . (or other written site specific work authorization such as for excavation,tree removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at s Signature !:to the site. Activities prohibited prior to permit issuance shall include,but are � not limited to, excavation pile driving (excluding test piling),well drilling, Lt � formwork,placement of building materials,equipment or accessory structures i es igator's Signature •ate and disturbance or removal of protected species or habitat,etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. 1•0"t:"‘,..f v:nta+inn nrininal to Pup Cony to Recnnndent Cony for Site Poctinr Cony for Official Posting Rev06/16/06 2 CHAPTER 10 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.01.00 Generally 10.01.01 Purpose and Intent [Reserved] 10.01.02 Development Orders Required 10.01.03 Applicability and Exemptions [Reserved] 10.01.04 Fees Required 10.02.00 Application Requirements 10.02.01 Pre-Application Conference Required 10.02.02 Submittal Requirements for All Applications 10.02.03 Submittal Requirements for Site Development Plans 10.02.04 Submittal Requirements for Plats 10.02.05 Submittal Requirements for Improvements Plans 10.02.06 Submittal Requirements for Permits 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC 10.02.09 Submittal Requirements for Text Amendments to the LDC 10.02.10 Submittal Requirements for Amendments to Development Orders [Reserved] 10.02.11. Submittal of Streetlight Plans 10.02.12 Reserved 10.02.13 Planned Unit Development (PUD) Procedures 10.02.14 Landscape Plans 10.03.00 Notice Requirements 10.03.01 Generally [Reserved] 10.03.02 Posting Signs Required [Reserved] 10.03.03 Mailed Notice Requirements [Reserved] 10.03.04 Published Notice Requirements [Reserved] 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board 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 10.04.01 Determination of Completeness 10.04.02 Applications Subject to Type I Review 10.04.03 Applications Subject to Type II Review 10.04.04 Applications Subject to Type III Review 10.04.05 Procedures for Review and Approval of Type I Applications 10.04.06 Procedures for Review and Approval of Type II Applications 10.04.07 Procedures for Review and Approval of Type III Applications 10.04.08 Modifications to Pending Applications 10.04.09 Request for Continuance of Public Hearing [Reserved] 10.04.10 Withdrawal of Pending Applications [Reserved] 10.04.11 Public Hearings 10.04.12 Denial of Application [Reserved] 10.05.00 Amendments to Development Orders [Reserved] 10.05.01 Generally [Reserved] 10.05.02 Major Amendment[Reserved] 10.05.03 Minor Amendment[Reserved] 10.06.00 Appeals [Reserved] 10.06.01 Applicability 10.06.02 Stay of Proceedings 10.06.03 Time for Applications Supp.No.2 LDC10:1 COLLIER COUNTY LAND DEVELOPMENT CODE C. C. 10.06.04 Final Action on Appeals 10.06.05 Judicial Review 10.07.00 Enforcement 10.07.01 Responsibility for Enforcement [Reserved] 10.07.02 Complaints and Investigations [Reserved] 10.01.01 [10.07.03] Notification of Violation [Reserved] 10.08.00 Conditional Uses Procedures 10.09.00 Variance Procedures Supp.No.2 LDC10:2 f APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- • poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Sono. 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. 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 shalt 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 LDC10:86 Florida Building Code 2004, Building i F LORIDA !BUILDING , 'i 1MCOD e> . T�� _ ..—ate r w,. w if II 1 , � j 1 �i l i tri 1 7: ': i ' I u l s:. s 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. R SECTION 105 PERMITS Page 1 of 7 PERMITS SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with be obtained fee and for each facility y valid fo�reachyconstruct on date of issuance. A separate permit shall 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's 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. . , -.--- not 2/11 I)nni ` - . ", a° 2936917 OR: 2986 PG: 0402 % L), 11011118 is OffIClal UCOil of num Cow, EL• • 02/22/2012 It 03:4111 O1liit 1. 110Ci, CMS � � COD 115111.11 lie in 11.51 DOC-.70 1225.01 Mc 1I O Oi OLIMIL It AL 2441 OOLOii GM PIYT #201 1 Barry Gressel Cellar 1APL31 n 31115 Mane glad,FL 34143 1141404411 1 File Number. 01-75110 (Specs Aims This Lies For R.00rdi.e Ma) Personal Representative's Deed This lwsosd Rapne.aitatire s Deed mode this 31st day of January,2012 between Mama Mapa as Personal RMnesandve of dm Rohde of Calvin F. Herded, deemed whose pat office address is OM SE 176th St, lsmmeresid,FL 34491,grantor,and Richard L Karass sad Llsa Karam,hasbsad sad wile whose post office address is 42!!17th Ct SW,APT 201,Naples,FL 34116,grantee: • evin ns1 i husk ate.ww.ar.sod pass in ,ls •T •wr TjdIsLlIsiIs.bpsi sesaalas{ws.w..w..ips°naoe.den Wihi.twt ,diet mid grantor,for and Om, ; sum TEN AND • 1 DOLLARS($10.00)and other good and nimble considerations to said 'said grin! are - f is hereby admowledged,has graided,baapbnd,aid sold to the said • • following descried land,situate, r- lying aad being in Co01Mr County, • . i i r'‘ 4 Let 19, Sleek C ,GOOD '' ' .449 1�y r aceordiag to the Plat tiered recorded i Mat Boot cad 2, the Pe • Comity,Florida; C Peat ideN4ou Numbers ' Q .V gailset.r ertassae ls.rest iet •R and ,, ' -. '"E CI#. . :., Graalsr wir a $that at the time of this aaroysaco,fie property Y set the Crudites homestead within the r meaalag set high Y the enadtudea oldie state of Florida,ash is It coaeyuw to ora pert of hoaMStw property. Together with all the tenements,hereditament§sod apparitions*:thereto belonging or in aayrwise appertaining. r Ti Httw aid to Hold,the nee b he simple ibtovx. li And is pax r hereby covaiants with said grans diet the grantor has good right aid brid authority to sell and convey said and;diet the glamor womb the tide to said had 1br any acts of Grantor and will defied the tide against the hwfid dear dell poems claimbg by,through.or under thaoaor. L Whom Wrwr t;Grantor has baahofo set Orontes had and sal the day and year first above written. • troskksThse.e • /, r *** OR: 2986 PG: 0403 *** �. Sip*seabd and&aired to our prate= • • 48P.r77 ,Ab''Weis ch wittiezatti lx"144if ∎•" V Personal Repnambtive Wilms Name: ' • • awe of Florida Cutely of Collier The foregoing iminimest was admowledysd babre me this 3°6y of may, Rrptessetadve of the estate of Calvin F.Hardee,deceased,who(.j is personlly _e70, p a driver's Hoses as ideotifatioo. _- -web Noisy sad) a. 1nrtAt�11411tttes Nosy Public Wins sit}tie Ma UMW IZ+1rrirlroe st+ea■ iy " it V (CY PAY • "•• - LIC 0 i. V E.., C ti.■..t iftmerrisiMet Demi Ihp 2 Double low RE: RESPONDENT, KARNES - HEARING SUBMITTAL PACKET Delivered personally, 07.23.08, to Secretary of the Board CEB CASE NO 2007060801 BOARD of COUNTY COMMISSIONERS Plantiff VS KARNES, RICHARD L & LISA Respondent CODE ENFORCEMENT BOARD Hearing date: 07.31.08 Time: 9:00am Location: 3301 Tamiami Trail East, Building"F", Naples, FL 34112 Following documents submitted as attachments, 15 copy each: 1 Contract, Install 2 NOV 3 Permit 4 Email 5 Permit 6a Email 6b Email 7a Email 7b Email 8a Inspection Card 8b Permit Drawing 9a Email 9b Email 9c Email 10 Email 11 Notice of Hearing 12 Statement of Violation /Request for Hearing Respectfully ubmitted, .g, A° 61.1.3.08 Richar, arnes 627 Palm Avenue PO Box 98 Goodland, FL 34140 ,VA PROPOSAL 9-' / \ MR NO 11 j t a, JESUS SEGURA -- 1 Screen Repair 1-w Date Q71" -to-0.Z.�. 41111 , ,!��i.. 239-393-0766 C �� Jill Fax: 239-732-0071 \`6 I Proposal Submitted To: ( WorkToormedI: Name f�lr 1^-‘ "N LA)2 Nt 5 Street G Z} -P.'PCU'A !I's-V.b Street 1 City , .rs� State _h.� L.\ City State Phone V 5 C ' ' 8 Date of Plans Architect 1We hereby propose to furnish the materials and perform the labor necessary for the completion of • i .E ■C'A 0 s'0 ,0 3 1 ( <.1---) 0 ca C3 L ____________L_C"--S ) `15 c-!:CA-A$ C_.-:_-.---T------,..-1=.... ---"--- 7___tc) <42,___?__________________. 114t5 Cap c if- S6 m � ,-,a i/ 0wZo: c,,,, Lo / All material is guaranteed to be as specified;and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars($ ). with payments to be made as follows: )i 0 r • A T 4,..amai _ Any alteration or deviation rom above specifications involving extra // costs,will be executed only upon written orders,and will become an Respectfully submitted extra charge over and above the estimate.All agreements contingent WA upon strikes,accidents or delay beyond our control.Owner to carry fire, tornado and other nece <ary surance upon above work. Per Workme 's Compensa • a . P • c Liability Insurance on above work t• ._ .ken out b 1_ Note-This proposal may be withdrawn by us if not accepted (`)- within days. sa NI ACCEPTANCE OF PROPOSAL The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the wor Payment will be made as outlined above. 0 Signature Case Number .• UC 7 0(2� 01 COLLIER COUNTY CODE ENFORCEMENT ,;,w- - ' •t Building.Permits,Administrative Code& Other Permit Requirements NOTI OLATION Respondent / t / Date: tJ Investigator:(Ti,. /P S i i,r,C �� (' 1 (.. S. vs-7 b t e1-i Phone: 23- - Mailing: / /� I Zoning Dist V 1 Sec / F Twp S Rng Y. ((', o, /vv-N,;t v`� t „70G N /c.i el cJ Legal: Subdivisioi ;dk vz.,/ Zs lr�/'`, i/c/. Block C Lot J(�j3.1 � Location: G 1+y1 At,1 r--rc[J4:,,c/ Pi/ pin° Folio //f6 //c /0 0400 / OR Book ,,2 96--(„._, Page %�'p✓ Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 0S- Violation(continued): --5.5.-and-9.-15,as ended,you are npji ed that a.i latio ($)of the following codes exist:,Ca r�'01.U U-4 - F/(/ al` c' '. i, ` ° /.)/ Florida Buildinreode 2004 Edition f' S tion 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 105,1 When required. Any owner or authorized agent who intends to ❑Section 5 Permits. It shall be unlawful for any.Responsible Party to dig, / nonstruct,enlarge,alter,repair,move, demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation,without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit. and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work Bu!ding or land alteration permit and certificate of occupancy until the completion of the project. ii 10.02.06(B)(1)(a)Zoning action on building pert its...,no building or s cture 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 D111.1 Connection of service utilities. No person shall make connections permit(s),inspections,and certificate(s)of occupancy,etc. 'ok from a utility,source of energy,fuel or power to any building or system that is of building(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the /////I ```"`of building permit. No site work,removal of protected vegetation,grading, . building official. improvement of property or construction of any type may be commenced Other Ordinance/Narrative: prior to the issuance of a building permit where the development proposed ��e requires a building permit under this land development code or other Cl .s. ✓.Q G r" V r 2,-9,✓� pplicable county regulations. C'�,;�--`-°r ' .2 ,CJI2' 4-, .e , .i _f.h 10.02.06(B)(1)(e)(I)In the event the improvement of property,construction of y type,repairs or remodeling of any type that requires a building permit has AM a ''°-.1 t+///C t.,,,?--(c.4 (Al/%'S or /r,-,- 4.--Q been completed, all required inspection(s) and certificate(s) of occupancy r er to Correct.Violation(s): must be obtained within 60 days after the issuance of after the fact permit(s). (1QMust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II PPIy 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, i eluding materials from property and restore to a permitted state. or do not provide adequate egress, or which constitute a fire hazard, or are Must request/cause required inspections to be performed and obtain a otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or ertificate of occupancy/completion. OR demolish described service systems. All such unsafe buildings,structures or service systems are improvements/structure and remove from property. hereby declared illegal,etc ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in-place at the time of final t?' 02 6 building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: 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 Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit prosecution. (or other written site specific work authorization such as for excavation,tree � ` removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at •- .. . n s Signature Date ' the site. Activities pyghibited prior to permit issuance shall include,but are --7c) c� not limited to, excavation pile driving (excluding test piling), well drilling, - ✓ formwork,placement of building materials,equipment or accessory structures Investigator's Signature ,Date and disturbance or removal of protected species or habitat,etc. iection 106.1.2 Certificate of Occupancy. -'0106.1.2 Certificate of Occupancy. tJpon satisfactory completion of t construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of 0 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 Re COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT t=T #: 2007100558 PERMIT TYPE: DEMO VALID #: 558 ISSUED: 10-10-07 BY: MURPHYLINDA APPLIED DATE: 10-08-07 APPROVAL DATE: 10-09-07 MASTER #: COA # : JOB ADDRESS: 627 PALM AVE JOB DESCRIPTION: DEMO/REMOVE METAL SHED, REMOVE EXISTING JOB PHONE: (239) 642-1188 SUBDIVISION #: 810 - Goodland Isles 1st Addition BLOCK: C LOT: 19 FLOOD MAP: 0817 ZONE: AE-12 ELEVATION: FOLIO #: 0000046421000009 SECTION-TOWNSHIP-RANGE 18 52 27 OWNER INFORMATION: CONTRACTOR INFORMATION: KARNES, RICHARD L=& LISA 627 PALM AVE PO BOX 98 GOODLAND, FLB0010 341400098 CERTIFICATE #: PHONE: II FCC CODE: 998 - EXPRESS/RESIDENTIAL OTHER CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 53.00 TOTAL SQFT: 0 SETBACKS FRONT: REAR: 20. 00 LEFT: 6. 00 RIGHT: 6 .00 SEWER: SEPTIC WATER: WELL _C ACT NAME: RICHARD KARNES CbN'1'ACT PHONE: (239) 642-1188 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six (6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate o: Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 0 Comcast Webmail -Email Message Page 1 of 1 From: "AmbachChristopher"<ChristopherAmbach @colliergov.net> To: <nite2lite @comcast.net> Subject: RE: 10.18.07, Karnes -Goodlalnd Date: Monday, October 22, 2007 7:49:02 AM Thanks Rick, I appreciate the update. I have noted this in your case and will monitor for removal. Please drop me a line when it is completed. Have a nice week. Chris From: nite2lite @comcast.net[mailto:nite2lite @comcast.net] Sent: Thursday, October 18, 2007 7:38 AM To: AmbachChristopher Cc: letourneau_j • Subject: 10.18.07, Karnes - Goodland Permit applied for and recieved for correcting screen violation. #2007100558 dated 10.10.07 sincerely, Rick Karnes 627 Palm Ave. East PO Box 98 Goodland, FL 34140 (239) 642.1188 4 http://mailcenter3.comcast.net/wmc/v/wm/4844CD0D0002CD4B00000C7F22155863 940A... 6/ • COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT I .IT #: 2008040719 PERMIT TYPE: DEMO VALID #: 719 ISSUED: 04-09-08 BY: MURPHYLINDA APPLIED DATE: 04-09-08 APPROVAL DATE: 04-09-08 MASTER #: COA # : JOB ADDRESS: 627 PALM AVE JOB DESCRIPTION: REAPP OF 2007100558 JOB PHONE: (239) 642-1188 SUBDIVISION #: 810 - Goodland Isles 1st Addition BLOCK: C LOT: 19 FLOOD MAP: 0817 ZONE: AE-12 ELEVATION: FOLIO #: 0000046421000009 SECTION-TOWNSHIP-RANGE 18 52 27 OWNER INFORMATION: CONTRACTOR INFORMATION: KARNES, RICHARD L=& LISA 627 PALM AVE PO BOX 98 GOODLAND, FLBOO1U 341400098 CERTIFICATE #: PHONE: a FCC CODE: 700 - RE-APP RESIDENTIAL CONSTRUCTION CODE: 10 / OTHER JOB VALUE: 100.00 TOTAL SQFT: 0 SETBACKS FRONT: REAR: 20. 00 LEFT: 6. 00 RIGHT: 6. 00 SEWER: SEPTIC WATER: WELL C ACT NAME: RICHARD CONTACT PHONE: (239) 642-1188 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL 4.ND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF CHE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE NFORMATION, CONTACT DEP AT(239)332-6975. n addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in he public records of this county,and there may be additional permits required from other governmental entities such as water nanagement districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 0 Comcast Webmail -Email Message Page 1 of 2 From: "CapassoSusana" <SusanaCapasso @colliergov.net> To: "CapassoSusana" <SusanaCapasso @colliergov.net>, <nite2lite @comcast.net> CC: "AmbachChristopher"<ChristopherAmbach @colliergov.net>, "scribnerdavid" <DavidScribner @colliergov.net>, "arnold_m"<MichelleArnold @colliergov.net> Subject: RE: 04.10.08, Karnes-Goodland Date: Thursday, May 08, 2008 2:53:07 PM • Mr. Karnes, I've not heard back from you, however I did check our computer sytem and find no inspections nor CO's have been issued for said structure. As per our previous conversation,we will have no choice but to prep your case for hearing. A notice of hearing will be forthcoming to you soon. • Susana Capasso at Investigative Supervisor Collier County Code Enforcement susanacapasso©colliergov.net 239/252-5377 Fx:252-3972 Please note under Florida's Government-in-the-Sunshine law,information contained within this email becomes pubic record,unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels There is also a constitutionally guaranteed right of access For more information on this law,visit Florida's Sunshine Law Please note under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record,unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels.There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law • From: CapassoSusana Sent: Monday, April 14, 2008 1:39 PM To: nite2lite @comcast.net Subject: RE: 04.10.08, Karnes.-.Goodland Mr. Karnes, Thank you for your prompt response. Yes, a copy of the plans once CO'd will be great so we can scan it into the case. Keep me posted on your progress. Thanks and regards, Susana Capasso Code Enforcement Supervisor From: nite2lite @comcast.net [mailto:nite2lite @ comcast.net] sa http://mai l center3.comcast.net/wmc/v/wm/48 83B 15 8000EC61400006DB 322165486860A... 7/20/: Comcast Webmail -Email Message Page 2 of 2 Sent: Thursday, April 10, 2008 8:06 PM To: CapassoSusana Subject: 04.10.08, Karnes - Goodland Mrs. Capasso, I spoke with Mr. Gary Harrison, Chief Building Inspector this afternoon at CDES, a partial inspection should not be a problem, I need to be on site when the inspector is here and have the screen enclosure area noted on the submitted plans as CO'd. That, when completed, will satisfy your dept. based on our conversation yesterday. Do you want a copy of the plans sent to your attention after that area is CO'd? That will then resolve any and all issues we have is my understanding. sincerely, Richard Karnes 627 Palm Avenue East PO Box 98 Goodland, FL 34140 (239) 642.1188 6d http://mailcenter3,comcast.net/wmc/v/wm/4883B 158000EC61400006DB 322165486860A... 7/2‘ Comcast Webmail - Email Message Page 1 of 2 From: Nite2Lite @comcast.net To: tomhenning @colliergov.net(Commissioner Tom Henning),jimcoletta@colliergov.net(Commissioner Jim Colette), fredcoyle @colliergov.net(Commissioner Fred Coyle), frankhalas @colliergov.net (Commissioner Frank Halas), donnafiala@colliergov.net(Commissioner Donna Fiala), JosephSchmitt@colliergov.net(-Joe Schmidt, Admin),JamesMudd @colliergov.net(-Jim Mudd, County Manager), michellearnold @colliergov.net(-code, Michelle Arnold),"scribnerdavid" <DavidScribner @colliergov.net> BCC: Subject: Re: E-Mail of May 6th/RESPONSE-KARNES-GOODLAND Date: Thursday, May 08,2008 8:21:37 AM Mr. Scribner, Please read email correspondence with Miss Capasso from 04.10.08, approving the option of removing the area in question and getting a partial CO to satisfy your department. That will be done promptly so as not to upset you any further. Also please note, the "addition"you referenced, an open screen 6'w x 20'l, hardly qualifies as an addition, but is a violation, the contractor did not pull a permit and it is aprx 1 ft in the side yard setback. My point, please do not refer to this as to something it is not. In regards to that, I feel because my opinion has been voiced about a problem that has been ongoing for over 2 yrs and which has not been resolved, it seems your toes have been stepped on. Now it appears you are going to exercise your muscle/ authority to push us around. I hope that is not what you are doing, this original email topic had nothing to do with our property violation, which you have chosen to bring up and flaunt your position /exercise your authority. Additionally, something you have brought up numerous times in past conversation that concerns me, "Due Process", my understanding, after research, is "Due Process"addresses the protection of BOTH parties NOT just the party an allegation is against, something I feel that has been ignored, our protection, as it appears on the surface. We have needed your/ Collier Counties help with this. Do you not have an obligation to protect our rights and quality of life as citizens and property owners in Collier County? That would be regardless of my race, religion, income, lifestyle, location within the county, or even if you like me or not. Finally, based on this email and your position of authority, one would presume you are the primary individual responsible for the actions and results of these actions by the investigators at Collier County Code Enforcement regarding our problem here. Is that correct? That is a question that I would like a response to, either by yourself or any other party copied, please. The problem; a business being operated illegally out of a residential home and illegal 7a http://mailcenter3.comcast.net/wmc/v/wm/4844CE03000249D2000022B 822155863940A9... 6/3, Comcast Webmail -Email Message Page 2 of 2 land use as defined by Collier County Codes/Zoning Rules as I understand them, alledged violations observed & which have been documented. Many times it has been stressed that this either directly or indirectly has had a very, very serious negative effect on our life and continues. This I believe any reasonable person would agree with, after review of the facts. respectfully, Richard Kames 627 Palm Avenue East Goodland, FL 34140 239.642.1188 Original message From: "scribnerdavid" <DavidScribner @colliergov.net> Mr. Kames I have been asked to respond to your e-mail referencing your conversation with Investigator Morad. We do not, as a common practice brief investigators about individual properties or complaints. This department handles over 20,000 cases a year. Complaint histories are available for investigators as needed. Whether Investigator Morad had prior knowledge of complaints would have no bearing on whether he found a violation. Having a fresh pair of eyes is sometimes needed to look at a situation. It is not, as we have discussed before, whether you believe there is a violation but whether Code Enforcement observes a violation and can proof it. Your assertion that this department is not interested in correcting this problem is false. We must prove there is a problem before we can fix it. This leads me to the issue of the violation at your property. You built an addition without permits and were served a notice of violation and an order to correct for an unpermitted structure in June of 2007. Even though you have obtained a demolition this does not make the stucture legal until you demolish. You have failed to correct this violation after repeated requests therefore_I have instructed staff to proceed with enforcement. Contrary to your assertion we are committed to correcting problems. You may want to lead by example. David Scribner Manager of Investigations Collier County Code Enforcement 239-252-2976 70 http://mailcenter3.comcast.net/wmc/v/wm/4844CE03000249D2000022B 822155 863940A9... 6/3/2 INSPECTION JOB CARD - COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 643-9757 PERMIT NBR 2008040719 MASTER NBR ISSUED 4/9/2008 DESC. : REAPP OF 2007100558 Jvd LOCATION: 627 PALM AVE SUBDIVISION: 810 Goodland Isles 1st Addition LOT 19 BLOCK C CONTACT NAME: RICHARD CONTACT PHONE: D.B.A. (239) 642-1188 SETBACKS FRONT: REAR: 20.00 LEFT: 6. 00 RIGHT: SPECIAL: RR=ESMTS 6. 00 FLOOD ZONE: AE-12 REQ DESCRIPTION REQ DESCRIPTION 115 FINAL BUIL ING 51 (4 , GcAEV\ KekonA o1N-..-i\ a NOISE ORDINANCE 90-17 - NOISE LIMITATIONS ere in effect at all times. Work permitted: RESIDENTIAL Areas - 6:30AM to 7:00PM Monday thru Saturday NON-RESIDENTIAL Areas (more than 500 feet from Rasidentail Areal 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays. RADIO], LOADSPEARERS, ETC. -Must not disturb peace, quiet and comfort of neighboring inhabitants. raze CABLE LOCATIONS - Call 48 Hours prior to digging/FPL 131-1222/UTS 1-800-512-0088/PalmarCATV 783-0638 and all other applicable utilites. 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 BEF"'' RECORDING YOUR NOTICE OF COMMENCEMENT. FS 713.135 8a •yl Detached metal shed "existing" 001-?<46 - 0 Attached Shed "existing" " REAR PROPERTY Free standing screen work "existing" scale:1/8'llt m w C SPV c / .M/ PA/at a ` 12r 4tzeib _Err Y C C_ (� •.< &C C eit) xSw N Auo (LEE e 6 PAI2 AL_ c.6 . o o 0 _ < o SArrts�� C Fat • a w z v IOLAT( DJ . TN t S ME, Us6A_.� • w ro pzi •A PPS Acs. (A GALAJcE • g` n �SE�CD. I Lot LL c E Y w a CP DE f�� r A LA-�� 7 `4":: G 0p �iIAAtiL �oU 2Ac ICS rp O O b Bb Comcast Webmail -Email Message Page 1 of 3 From: Nite2Lite @comcast.net To: "CapassoSusana"<SusanaCapasso @colliergov.net> CC: donnafiala @colliergov.net(Commissioner Donna Fiala), JosephSchmitt@colliergov.net(-Joe Schmidt, Admin), JamesMudd @colliergov.net(-Jim Mudd, County Manager), michellearnold @colliergov.net(- code, Michelle Arnold) BCC: WNIIIIIIIIMIRMIMMINNsimiiiwaisiiiiimommiall Subject: RE: 04.10.08, Karnes-Goodland Date: Thursday, May 08, 2008 7:50:57 PM Miss Capasso, Please read my email response to Mr. Scribner, that inspection is being addressed. Also, based on this email you or I must have indicated a date that portion would be removed, please forward that copy to me. You can expect a partial to be called in no later than Tuesday of this coming week, the balance of my permit, as agreed upon has no direct relationship with the violation. The permit issued, as I indicated to you before, was a matter of consolidating all additional areas I have chosen to demo under one permit. sincerely, Richard Karnes 627 Palm Avenue East PO Box 98 Goodland, FL 34140 (239) 642.1188 -- Original message -------- From: "CapassoSusana <SusanaCapasso @colliergov.net> Mr. Karnes, I've not heard back from you, however I did check our computer sytem and find no inspections nor CO's have been issued for said structure. As per our previous conversation, we will have no choice but to prep your case for hearing. A notice of hearing will be forthcoming to you soon. Susana Capasso Investigative Supervisor Collier County Code Enforcement susanacapasso@colliergov.net 239/252-5377 Fx:252-3972 9a http://mailcenter3.comcast.net/wmc/v/wm/48259B49000177A700002B 6F2215 5 5 58840A9... 5/10 • Comcast Webmail -Email Message Page 2 of 3 Please note under Florida's Government-in-the-Sunshine law,information contained within this email becomes pubic record,unless protected by specific exemption. The law provides a right of access fo governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law Please note under Florida's Government-in-the-Sunshine law,information contained within this email becomes public record,unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels.There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From: CapassoSusana Sent: Monday, April 14, 2008 1:39 PM To: nite2lite @comcast.net Subject: RE: 04.10.08, Karnes - Goodland Mr. Karnes, Thank you for your prompt response. Yes, a copy of the plans once CO'd will be great so we can scan it into the case. • Keep me posted on your progress. Thanks and regards, Susana Capasso Code Enforcement Supervisor From: nite2lite @comcast.net [mailto:nite2lite @comcast.net] Sent: Thursday, April 10, 2008 8:06 PM To: CapassoSusana Subject: 04.10.08, Karnes - Goodland Mrs. Capasso, I spoke with Mr. Gary Harrison, Chief Building Inspector this afternoon at CDES, a partial inspection should not be a problem, I need to be on site when the inspector is here and have the screen enclosure area noted on the submitted plans as CO'd. That, when completed, will satisfy your dept. based on our conversation yesterday. Do you want a copy of the plans sent to your attention after that area is CO'd? That will then resolve any and all issues we have is my understanding. sincerely, Richard Karnes 627 Palm Avenue East PO Box 98 911 http://mailcenter3.comcast.net/wmc/v/wm/48259B49000177A700002B 6F2215 5 55 8840A9.,. 5/1( • Comcast Webmail -Email Message Page 3 of 3 Goodland, FL 34140 (239) 642.1188 9C http://m ai l center3.com cast.net/wm c/v/wm/4 825 9B 49000177A700002B 6F2215 5 5 5 8 840A9... 5/1C Comcast Webmail -Email Message Page 1 of 1 From: Nite2Lite@comcast.net To: DavidScribner©colliergov.net(-code, David Scribner) CC: christopherambach @colliergov.net(-code, Chris Ambach),SusanaCapasso @colliergov.net(-code, Susana Capasso), michellearnold @colliergov.net(-code, Michelle Arnold) BCC: Subject: 05.16.08, Rick Karnes -Goodland Date: Friday, May 16, 2008 6:49:05 PM To whom concerned, Our NOV re:screen enclosure, was CCed (screen enclosure removed only) as a partial on 05.14.08. If a copy of the partial CC needs to be forwarded to your office please indicate. respectfully, Richard Karnes 627 Palm Avenue East PO Box 98 Goodland, FL 34140 (239) 642.1188 10 http://mailcenter3.comcast.net/wmc/v/wm/48470CA60006490B 00003 54022155786740A9... 6/4, CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007060801 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KARNES. RICHARD L& LISA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Un unpermitted screen enclosure in the rear of the primary structure. LOCATION OF VIOLATION:627 PALM AVE Goodland, FL SERVED: KARNES, RICHARD L & LISA, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY 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.2007060801 Richard L and Lisa Karnes,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance: 04-41 The Collier County Land Development Code,sections: 10.02.06 (B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i)and The Florida Building Code 2004 Edition section 105.1 2. Description of Violation:An unpermitted screen enclosure in the rear of the primary structure. • 3. Location/address where violation exists: 627 Palm Ave. Goodland Fl. 34140 4. Name and address of owner/person in charge of violation location Richard L and Lisa Karnes, 627 Palm Ave. Goodland Fl.34140 5. Date violation first observed: 6/27/2007 6. Date owner/person in charge given Notice of Violation: 7/2/2007 7. Date on/by which violation to be corrected: 8/2/2007 8. Date of re-inspection: 4/30/2008 9. Results of Re-inspection:non compliance 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. f / / / Dated this 12th day of May,2008 /'r .e Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to • ,•irmed)and su. • •-fore this 12day of (/►1Q 1(2008 by .A _ �w_ IP : ►! ;�'" of Pub� - (Print/Type/Stamp Commissioned Name of Notary Public) Personally known !/ or produced identification NOTARY PUBLIC•STATE OF FLORIDA Type of identification produced ,°' Delicia Pulse .,I,. : Commission#DD62`-" Expires: JAN. 16, BONDED THRU ATLANTIC BONDING CC REV 3-3-05 RE: RESPONDENT, KARNES - HEARING SUBMITTAL PACKET dated 07.23.08 AMENDMENT Delivered personally, 07.31.08, (15) copy each CEB CASE NO 2007060801 BOARD of COUNTY COMMISSIONERS Plantiff VS KARNES, RICHARD L & LISA Respondent $ CODE ENFORCEMENT BOARD Hearing date: 07.31.08 Time: 9:00am Location: 3301 Tamiami Trail East, Building"F", Naples, FL 34112 Following documents submitted as additional attachments to original submittal,: 13 ck copy/ survey 14 STIPULATION/AGREEMENT 15 Code Case Detail Report Respectfully submitted, C6rj Richard L Karnes 627 Palm Avenue PO Box 98 Goodland, FL 34140 -OT IPC YaTN0'Id 'SBTdYN • 0 9# 'QIIV4III013 avan 'INN OZEi __ C/1/21•09,) 300301 H;7i 94 ,p 2822 IMMUNE MOM ,OZ = .T 1689 87/ 3S14JI7 -.. ,a 0311®_ 3NI '6MIsur-BS Q'�`''��// ._ ZOOZ 9Z -wet �4L HI:gj j SSaomi 1? swami ,11 ,a}op ��3F.7 J (N).08'66 Vd 'SS TS 'I N31NV1 51IJI3a 'NVNH3I - • "- IPa>pat.p AIJVdh109 33WV2411sNI.31101 093163019 1S8LJ 0 SN03SSV SO 0119 SNOS•$330OS S11 'S312MN J0 NNVH S3N8V)1 VSI1 OW S3Ni1V)1'1 02NH318 I'd)-00000 NN�� r0110 Ol 030.101133 .1\ _'_3.Eb.CS_LBS Al ..131 3l'). .[B'S 1261100 Italians A21VaufOH •Pty (N) ,OT S02 '.HA 11 b 3 era6.zes ddA 36"e•LSS 6ELS# NS S300Hii 1103S NHOf •AH elLi I ii ' 13//11113 00001011 f, 1. 1 .VIVA LN011013 lam 300000 301 0 r1014f 19-11211 0310140.1 101 0301 1 313X.100.1 I __- M1' 013334 111 10141 0w/401/03010 111 a 3010 300101 00 1)01*000331 S4 111A1N�I " --,t 'N0I1V3I311i133 itt0- '' I ztt ^ �ec 021•0011VA313 1/10A r 31.19 0061'E 3111 a LI00£900ZI 3/300Z I ^i Y ; 113 • 1100 NUUTA31 AU ION"13P63 '.WUL U11014 t InA '11]111 M/30110114 VA'00/410130 1w131 L1 .Rl 1. 113101 320131410 333110 •.031201 00'0130 1111 133.1 10 301 2N01313N1a Try 1 • 2 '13012 2011 M 113tl A3N 31V3S JIHdOdJO ti. :'.F• 11AOIL A011 x322•331020 ill A+100 x3110 112• 0-2 II 0 n nA01d 001X00 0311.121 31312 IN 110000 SM O aM12rt%32M 131112 40 220110110.1•33210910 1X00110300 111'1 23 T '. 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N ? j $ 3 aw n� m m .co�+ ° 0.) 3 a+ -° 0 c m a °< o =D, a 0 °° m 2 ac o co 00 7 m O co a 01 S CD 7 ^ m N e (aD O m (1) 0 0 0 14 Jug, 2, 1 4 2 18PM N3. 019 P. 4 • Code Case Details Execution Date 7/23/2008 3:57:08 PM D.esc Assigned Required Completed Outtelt'ie Comments CE Supervisor Review(misc) SusanaCapas 4/17/2008 4/17/2008 Complete On 4/16/08 Mr.Jay McMillan came into my so office to inquire about this case and discuss other issues he felt were going on at 627 Palm Avenue. I assued Mr.McMillan that I had spoke to Mr.Karnes recently and he was addressing the violation on his property.He also believe one of the shed on Mr.Karnes back yard was over an easement, I advised Mr.McMillan that the demo permit Mr.Karnes had applied for included the two sheds as well as the screen enclosure we had a code case on, I also agreed to call him at the end of the month with any progress or lack of progress made on this case. While here Mr.McMillan mentioned he believes there was raw sewage being dumped Into the canal behind Mr, Kame's property,...I called the Health Department and advised them of the complaint. They indicated they would look into it, #SC46 Re-Inspection christopheram 4518!`2008 5/14/2008 eR quires permit now has bean reapplied for and oath Hearing approved for a 6 month extension. Per Dave Scribner,case will move forward to CEB nearing Generate Compliance Letter chrlstopherem 4/30/2008 5/14/2008 Not bach Required Enter Case Disposition christopheram 4/30/2008 5/14/2008 Not bach Required Assign Hearing Type christopheram 5/14/2008 5/14!2008 Complete bach CE Supervisor Review(CE) SusanaCapas r 5/14/2005 5/14/2008 Complete Reviewed and turned in to MEA on 5/15/06 _ so #SC46 Ce!Director Review(CE) arnaid_m 5/14/2006 5/18/2008 Complete Packet reviewed and approved and forwarded to Bendisa fur processing. For ease of processing the ordinances should be copied single sided In the future. CE Legal Review BendisaMarku 5/1812008 5/1912008 Schedule Forward Case to CAO for Legal Review. for$M/CEB Schedule Case for Hearing christopheram 5/19/2008 6/2/2008 Complete bach Generate Hearing Notice(CE) <NULL> 6/2/2005 Pending Re-Inspection chrstopheram 6/14/2008 Pending bach CE Staff Review DeliciaPulse 7/17/2008 7/17/2008 Complete SPOKE TO CALLER CHECKING STATUS AND WANTED TO KNOW WHEN THE HEARING DATE WAS—DIRECTED HIM TO CHRIS. _ Re-Inspection christopheram 7/18/2008 7/22/2008 Non- I posted the property and courthouse for the bach Compliant CEB hearing.Affidevi•of posting forwarded to Dee for scanning into the case. Personal Service Attempt christopheram 7/18/2008 7/18/2008 Complete I posted the courthouse end property with the tart notice of hearing. Business Management& Budget Office • • `U�/�1 • C� V \ � a vx d .. t V r � • COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Richard L and Lisa Karnes 627 Palm Ave. Goodland FL 34140 Violation of Section(s) 10.02.06(B)(1), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06 (B)(1)(e)(i) of ordinance 04-41 The Collier County Land Development Code and section 105.1 of the Florida Building Code 2004 Edition. Christopher Ambach, Code Enforcement Official Department Case No. 2007060801 DESCRIPTION OF VIOLATION: An unpermitted screen enclosure in the rear of the primary structure RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Demolishing the screen enclosure under demolition permit #2008040719 including all required inspections and receive a certificate of completion and restore the property to it's original permitted condition within 30 days of today's hearing or pay a fine of$200.00 per day for as long as the violation continues to exist. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 C X6/1 (68 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007060801 vs. RICHARD AND LISA KARNES, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 Richard wad Lisa Karnes 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 627 Palm Avenue,Goodland,FL,Folio 46421000009,more particularly described as Lot 19,Block C,GOODLAND ISLES FIRST ADDITION,a subdivision according to the Plat thereof recorded in Plat Book 8,pages 1 and 2,of the Public Records of Collier County,Florida is in viola:ion of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06 B(1), 10.02 06 B(1)(a), 10.02.06 B(I)(e),and 10.02.06B(1)(e)(i)and the Florida Building Code 2004 Edition section 105.1 in the following particulars: An unpermitted screen enclosure in the rear of the primary structure. 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 violat ons of Collier County Ordinance 04-41,the Land Development Code,as ariended,sections 10.02.06 B(1), 10.02.06 B(1)(a), 10.02.06 B(1)(e),and 10.02.06B(1)(e)(i)and the Florida Building Code 2004 Edition section 105.1 l.be corrected in the following manner: 1. By demolishing the screen enclosure under demolition permit#2008040719, including all required inspections and receiving a certificate of completion and restoring the property to its original permirted condition within 30 days(August 30,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 30, 2008,then there will be a fine of$200 per day for each day until the violation is 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 prosecution of this Case in the amount of$87.44 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. DONE AND ORDERED this LPG day of C.lf,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: (W■ Richard K ,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this LO day of 2008, by Richard Kraenbring, Vice-Chairpf the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. •;, :l'••.• KRISTINE HOLTON A LAO t ■L '_.� -;, ' MY COMMISSION#DD 6865..5 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: Bonded Thu Notary Pubic Jnderwnters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Richard and Lisa Karnes,627 Palm Avenue,Goodland,Fl 34140 this (y't' ' day of 2008. M.JeB awson,Esq. State of F�EJk1LrA Florida Bar No.750311 Late 0 Of COLLIER Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 I HEREBY CERTIFY THAT this Is a true and (239)2, 3- 206 34102 :effect copy of a doeurne teyp filo In (239)263-8206 Board Minutes + c.or of 011er County +N TNESS ray ofd" t 001 this .., day of'�-_ '6 t ik4W191fr E. BROK,C - OF COURTS L , ilj7 o a. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Florida Metal Master, Inc, Respondent(s) CEB CASE NO. 2007090640 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-7 Copy of Applicable Ordinance 8-9 Deed 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007090640 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FLORIDA METAL MASTER 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Airplane fuselage, graninte/marble slabs, and dumpster, in parking area intended for vehicular parking violation sidte development plan (99-125) LOCATION OF VIOLATION:4443 Arnold AVE Naples, FL SERVED: FLORIDA METAL MASTER INC, Respondent Heinz Box, 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.2007090640 Florida Metal Masters Inc.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 as amended The Collier County Land Development Code,section 10.02.03 B5 2. Description of Violation:Airplane fuselage,granite/marble slabs,and dumpster,in parking area intended for vehicular parking violating site development plan(99-125) 3. Location/address where violation exists: 4443 Arnold Ave.Naples,Florida 34104 4. Name and address of owner/person in charge of violation location: Florida Metal Master Inc.,Jill Palmer-Trapasso Registered Agent,3609 Cottage Club Lane,Naples,Florida 34105 5. Date violation first observed:September 20,2007 6. Date owner/person in charge given Notice of Violation:received by certified mail on March 19,2008(verified through USPS website,receipt number 7007 1490 0002 0805 7379) 7. Date on/by which violation to be corrected:April 14,2008 8. Date of re-inspection: April 25,2008 9. Results of Re-inspection:non-compliant,airplane fuselage,granite,marble,stone slabs,and dumpster, remain at 4443 Arnold Ave.Naples,Florida 34104 STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo,r' for a p1• hearing. Dated this day of Thttl, 2008 1/&& � Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t• or a i d an• __:. •-fore this? day of Mac(2008 by t'' - (3c ( nature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC-STATE OF FLORIDA Type of identification produced Felicia Pulse t, ;, Commission#DD629723 Expires: JAN. 16,2011 REV 3-3-05 BONDED THRU ATLANTIC BONDING CO.,INC. n Case Number:2007090640 /.� Date: Sep/20/2007 Investigator: BOXHEINZ Phone: COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: FLORIDA METAL MASTER INC 3609 COTTAGE CLUB LN NAPLES, FL 34105 Registered Agent: Jill Palmer-Trapasso 3609 Cottage Club Lane Naples, FL 34105 Location:4443 Arnold Ave Naples, Fl 34104 Unincorporated Collier County Zoning Dist:corn Sec 36 Twp 49 Rng 25 Legal:Subdivision 100 Block 182 Lot .000 Folio 279520007279520007 OR Book 2623 Page 2452 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44,you are notified that a violation (s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: 04-41 as ammended section 10.02.03 B5, No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this code. Violation Status- Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: violation of site development plan (SDP 99-125),storage of granite, marble,an airplane fuselage, and dumpster improperly located in spaces designated for vehicular parking. ORDER TO CORRECT VIOLATION(S):, You are directed by this Notice to take the following corrective action(s): remove any and all materials obstructing vehicular parking spaces at this location and remove airplane fuselage from parking lot to an area intended for such use ON OR BEFORE:April 14,2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR -- 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SE VED BY: Certi -. :it/Regular Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 Investigator Signature (239)252-2440-Fax:(239)252-2343 Signature and Title of Recipient Printed Name of Recipient U.S. Postal ServiceTt„ ru CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit ourwebsite.at www.usps.comQa Ln OFFICIAL USE Postage MIN • r-9 Certified Fee Return Receipt Fee Postmark D (Endorsement Required) Hose Restricted Delivery Fee D (Endorsement o.,— r9 Tots Irrllirlrrl�r,llllr,r,1,►,I,��I I`- Sent 1 2007090640 FLORIDA METAL MASTER INC D Street,. AT1 NCOTTAGE CLUB LAME N or PO S 3609 FL 34105 City,Sta NAPLES, PS:Form'38QQ.August2Q06�: -- - SeeReversefor Instructions U.S. Pasta I..Service TM CERTIFIED MAILTM RECEIPT t.n - (Domestic Mail,Only;No Insurance Coverage Provided) IT1 N OFFICIAL LISP for delivery informationvisitourwebsite:atwww:usps:com�, cO Postage •$ D Certified Fee r-� D Return Receipt Fee Postmark D (Endorsement Required) Here D Restricted (Endorsems U-. IrrlLtLiIiiiIllLrrJ�LLrrll =- Total Pos 2007090640 rl r- M77%7— end FLORIDA METAL MASTER INC ATTN:STEVEN TRAPASSO Street,Apr 3609 COTTAGE CLUB LANE or PO NAPLES,FL 34105 City,State,a .. :PS Form':3800,August2006'. ' , '""." "See:Re'versetorinstrucharis; U.S. Postal Service,,,, CERTIFIED MAI.LTM RECEIPT N .:(Domestic Mail.Only;_Na Insurance_Coverage Provided) •%_ For delivery information visit our website at www.usps.comc; OFFICIAL.- USE Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorser"" a>n,,irnril U- TotaIF I„IlrtlrrlrrrllllrrrJrlJrrJl Sent To 2007090640 FLORIDA METAL MASTER INC D D Street,) ATTN:JILL PALMER-TREPASSO R/A Iti orPOB 3609 COTTAGE CLUB LANE city,sti NAPLES,FL 34105 P-SForr '3800 Augt2006 '"•” .Seeflev4rse for Instructions' USPS - Track & Confirm Page 1 of 1 POSTAL SERVICEe Home I Help o`ms 'i3:, v aer cry e+ °� <„n - ,s -. tia Track&Confirm Track & Confirm Search Results Label/Receipt Number:7007 1490 0001 0805 7379 Status: Delivered Track&Confine Enter Label/Receipt Number. Your item was delivered at 9:47 AM on March 19, 2008 in NAPLES, FL 34105. Add ams/L1ettr s. (Retoro to ILSPSoom Hein Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Gaa> Site Mao Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National&Premier Accounts Copyright©1999-2007 LISPS.All Rights Reserved. No FEAR Act EEO Data FOIA httn://trkcnfrml.smi.usns.cnm/PTSTnternPtWPh/TntPrT a1�alTr,nn;rc7 a ��Pn� Case Number 2007090640 COLLIER COUNTY CODE ENFORCEMENT S NOTICE OF VIOLATION Per: Steven Trapasso Date: 10/1/07 Investigator HBox#17 Phone: 239-213-2970 Zoning Dist corn Sec 36 Twp 49 Rng 25 Mailing: 4443 Arnold Ave. Legal: Subdivision 100 Block 182 Lot .000 Naples,Fl 34105 Location: same as mailing Folio 00279520007 OR Book 2623 Page 2452 Unincorporated Collier County NOTICE ORDER TO CORRECT VIOLATION(S) : Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation(s) of the following, You are directed by this Notice to take the following Collier County Ordinance(s) and or PUD Regulation(s) corrective action(s) exists at the above-described location. remove any an all materials obstructing vehiclular ®Ord No. 04-41 as ammended Section 10.02.03 B.5 parking spaces at this location and remove airplane ['Ord No. Section fuselage from parking lot to an area intended for such ❑Ord No. Section use ❑Ord No. Section ilSupplemental attached ❑Ord No. Section ❑Ord No. Section ON OR BEFORE: I Y Al---- 2007 DESCRIPTION OF CONDITIONS CONSTITUTING'1HE ' VIOLATION(S). 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 n4 Witness: prosecution. OR _alation of site development plan (SDP 99-125), storage of 2) Code Enforcement Board review that may result in granite, marble, an airplane fuselage, and dumpster fines up to $1000 per day per violation, as long as the inproperly located in spaces designated for vehicular violation remains,and costs of prosecution. parking [1 Supplemental attached SERVED INQUIRES AND COMMENTS SHOULD BE DIRECTED TO CODE onal Service [Certified Mail []Posting of Property ENFORCEMENT INVESTIGATOR: HBox#17 2800 No.Horseshoe Dr.Naples,FL 341 OFax ['Mail (239) 213-2970 ax:(239)403-2343 Investigator signature VIOLATION STATUS: Signature and Title of Recipient ®Initial ['Recurring ['Repeat Print Dated this 1st day of Oct ,2007 SENDER. COIGIPLETETHISSECTfOii! COMPLETETHISSECTIOIUOIU`DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign�,- _ item 4 if Restricted Delivery Is desired. . IN Print your name and address on the reverse X�� •Agent ■ Attachtth s card rto the back of the mailpiece, Addressee B. Received by(,"tinted Name) to. s or on the front if space permits. � ve 1. Article Addressed to: D. Is delivery ery address different from Item 1? • Y s If YES,enter delivery address below: 0 N. IF• STEVEN TRAPASSO c i 4'41 r id ``. 4443 ARNOLD AVE NAPLES, FL 34105 3. Se Ice Type NI/ Case Nbr — 2007090640 it ,rtifiedMail ❑Express Mali i • Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. . 4. Restricted Delivery?(Extra Fee) 0 Yes 7007 0220 0000 4036 9758 a I'V C, \ ,o' e,(1 PS Form 3811,February 2004 . Domestic Return Receipt 102595-02-M-1540 /" • UNITED STATES POSTA RXERs Ft. i m• 13 .0 .T.2007: , 4•: 1:1:. • Sender: Please print your name, address, and ZIP+4 in this box • 111 138911 Code Enforcement Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 55 • fi.1=li=li ii.lil leilliilllim l= ilfi.liitlili 11.11 hil fifiil • APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.03 B.2. 10.02.03 B.3. f. Site improvement plan completion. Upon completion of the required improvements associated with a site improvement plan, and prior to the issuance of a certificate of occupancy, the engineer shall provide a completion certificate as to the improve- ments, together with all applicable items referenced in section 10.02.05 C.3. of this Code. Upon a satisfactory inspection of the improvements,a certificate of occupancy may then be issued. g. Performance securities for site development plans. In the case of multi-family the developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in section 10.02.04 B.3.e. of this Code. Calculations for the amount of the security shall be determined as outlined in this Chapter of this Code. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan. Upon a satisfactory final inspection of the improvements,which shall be no later than 24 months from approval of the site development plan, the performance security shall be returned to the developer. One year extensions may be granted by the engineering review director. 3. Amendments and insubstantial changes.Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the County Manager or his designee. Upon submittal of a plan clearly illustrating the proposed change, the County Manager or his designee shall determine whether or not it constitutes a substantial change. In the event the County Manager or his designee determines the change is substantial,the applicant shall be required to follow the review procedures set forth for a new site development plan. A substantial change, requiring a site development plan amend- ment, shall be defined as any change which substantially affects existing transportation circulation, parking or building arrangements, drainage, landscaping, buffering, identified preservation/conservation areas and other site development plan considerations. The County Manager or his designee shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the propose change: a. There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management as determined by the engineering director. b. There is no new access proposed from any public street however minimal right-of-way work may be permitted as determined by the transportation planning director. c. - There is no addition to existing buildings (air-conditioned space) proposed however a maximum area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be permitted. d. There is no proposed change in building footprint or relocation of any building on site beyond that needed to accommodate storage areas as described in number 3 above. Supp.No.2 LDC10:45 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.03 B.3. 10.02.03 B.5. e. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the environmental services director. f. The change does not result in a need for additional environmental data regarding protected species as determined by the environmental services director. g. The change does not include the addition of any accessory structure that generates additional traffic as determined by the transportation planning director, impacts water management as determined by the engineering director, or contains air-conditioned space. h. The change does not trigger the requirements of Section 5.05.08 as determined by the County Manager or his designee. i. There are no revisions to the existing landscape plan that would alter or impact the site development plan (as opposed to only the landscape plan) as determined by the landscape architect. 4. Site development plan time limits for review, approval and construction. a. Site development plans(SDPs), once accepted for review,will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. b. Approved site development plans (SDPs) only remain valid and in force for two years from the date of their approval unless construction has commenced,as follows. If actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site development plan approval term expires and the SDP is of no force or effect; however, one amendment to the SDP may be approved prior to the expiration date, which would allow.the SDP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. Once construction has commenced, the approval term will be determined as follows: c. The construction of infrastructure improvements approved by an SDP shall be completed, and the engineer's completion certificate provided to the engineering services director, within 18 months of the pre-construction conference, i.e., com- mencement of construction. A single, six-month extension to complete construction may be granted for good cause shown if a written request is submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term.Thereafter,once the SDP approval term expires the SDP is of no force or effect. 5. Violations. No building permit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. Supp. No.2 LDC10:4R Book 2623 -Page 2452 Page 1 of 1 2571825 OR: 2623 245 WOWS le=CM MOUS id DUDI MUM IL _. UnlinU at$3:UU* I. IROCI, COO 1131411.10 nt Fit i1.51 This Matt nnentrapin rapine nit tlMalei l -.79 111.71 Gsikhae Title Cri LC. S9Li' ITRI l 3341 Taoism'Teal Nadi l nes VP evies.Minds 33940 WARRANTY DEED T>�IS WAILDANTY DEED blade the i Day of- December ,;A.tl~.1999 By rshaer-Tr* ,F; A RI I.Fabler,A manied Was=and jobsed by her spouse MiehaelA.Try lartaissafter caned the pastor,to Florida Metal Masters,Inc. A Florida Carts homer aided the Grantee whose post office address as.3589 Fib Aveaue S.W. • - Naplp,i/arida34u1 • twites t7ie erect ye*eile the tam- `aid .yutsde as the parties is this histriusest aid the ieIra kpt topestartises sike i sleassithe inektesaisakil the singessers sad mug' stesep ss) _ i :That thegrantor,wand*eousideration of he sum 01$10.00u d other _ . .. ._ who cif is hereby acknowledged,hereby geed,bargains,sells,aim, mss, ammo and COMM s unto the matte all that certain lad situate in COLLIER Comity,State of FLORIDA,to-wit: AS PEA ATTACHED l ACHED EXHIiiIT"A" PROPERTY[.O 0027957 TOGETHEil. with all the tenements.&tedium=and appurtenant= thereto belonging Cr in anywise iT4l BAWD TO HOLD the same in he simple forever. AND the gamer hereby cons with said grantee that the rasa is lawfully seized of said land in fee dm the granter has good right and lawful authority to sell and convey said land,and her by wlrriats the tidy to said land and will defend the saw against the lawful claims of all persons whomsoever,and that the said lend is free of all enaa ubralces,except faxes accruing sulamptent to December 31, 1999 IN ay ` ' a•F,the said granmr his signed and sealed these Resents the day and year first above �.r ,yr Witebote It I c:o .,rr.•...,.,e http://www.collierappraiser.com/viewer/Imaee.asn?Percent=&TmageTT)=4961n 1 nil i'nm , COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Florida Metal Master Inc. Michael Trapasso, Steven Trapasso,Jill Palmer-Trapasso Violation of Ordimnace(s) 04-41 as amended Section(s)10.02.03 B5 Investigator Heinz Box, Code Enforcement Official Department Case No. 2007090640 DESCRIPTION OF VIOLATION: Airplane fuselage, granite, marble, and stone slabs, in areas designated for vehicular parking at 4443 Arnold Ave. Naples, Florida in violation of Site Development Plan(99-125) RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case and abate all violations by: 1. Removing airplane fuselage, granite, marble, stone slabs, and a dumpster from parking area(s) within 30 days of this order or be fined $ 100.00 a day that this violation remains or 2. Submit plans to amend site development plan to reflect desired usage contrary to the approved plan 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Carlos Perez, Respondent(s) CEB CASE NO. 2007080099 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-9 COD E ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080099 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PEREZ, CARLOS, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Construction/Additions/remodeling done without proper permits. LOCATION OF VIOLATION:3573 Enterprise AVE Unit:93 Naples, FL SERVED: PEREZ, CARLOS, 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 DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8600;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.2007080099 CARLOS PEREZ(Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 10.02.06[B][1][a],10.02.06[B][1][e] and 10.02.06[B][1][e][i]. 2. Description of Violation:Construction/additions/remodeling done without proper permits. 3. Location/address where violation exists: 3573 Enterprise Ave Naples Fl(folio 76720002147). 4. Name and address of owner/person in charge of violation location: Carlos Perez, 5426 Texas Ave, Naples,Fl 34113 (Property Owner). 5. Date violation first observed:August 6th,2007. 6. Date owner/person in charge given Notice of Violation:Mailed CMRRR August 28th,2007,signed for on September 27th,2007. 1 n 7. Date on/by which violation to be corrected: September 19th,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 Co Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board f.i . public hearing. Dated this Z.7741 Day of /'/47 ,2008 it. 'tc-- T Snow Co.e Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed ..d subscribed before this Z, day of 2008 by iZc /---7:PYr-c/ ■ . r 'T� ; p J g : liter 2 S c7 (Signa it 1 otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personal y known or produced identification i--. NOTARY Y PUBLIC-STATE OF FLORIDA Type of identification produced Yousi Cardeso �=Commission#DD723966 , Expires: OCT.10,2011 LJNDED THRU ATLANTIC BONDING CO,INC. REV 3-3-05 COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements v NOTICE OF VIOLATION A, Case Number 2007080099 ondent Perez,Carlos Date: 08/28/07 Investigator: Tom Campbell Phone: 239-403-249: 1' Owner) Zoning Dist Industrial Sec 36 Twp 49 Rng 25 Mailing: 5426 Texas Ave Legal: Subdivision 3857-3573 Enterprise C Block 000 Lot 057 Naples,Florida 34113 Location: 3573 Enterprise Ave(Units 94&57) Folio 76720002147 OR Book 4155 Page 355 Unincorporated Collier County — Violation: Pursuant to Collier County Consolidated Code Enforcement Violation(continued): Ordinance 07-44,you are notified that a violation(s)of the following codes exist: - Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 0105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or perform any construct,enlarge,alter,repair,move,demolish,or change the occupancy other work which disturbs the existing structure and/or compaction of soil in of a building or structure,or to erect,install,enlarge,alter,repair,remove, any right-if-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit B ' ing or land alteration permit and certificate of occupancy - 0105.7 The building permit or copy shall be kept on the site of the work 10.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project. structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections ..®� ( )( )( ) p property p p from a utility,source of energy,fuel or power to any building or system that is 10.02.06 B 1 e Improvement of 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 Oth r Ordinance/Narrative: requires a building permit under this land development code or other app le county regulations. n 8/6/2007 I did oberve that a pass through door had been installed in a Fire Wall between two units and also an office 10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of addition had been made without the required Collier County any type,repairs or remodeling of any type that requires a building permit has Building Permits,Inspections or Certificate Of Occupancy. been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). r to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, structure/improvements: OR remove said. structure/improvements, or do not provide adequate egress, or which constitute a fire hazard, or are including materials from property and restore to a permitted state. otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or ®Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate of occupancy/completion OR demolish described hereby declared illegal,etc imp ements/stnicriue and remove from property. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior Must effect, or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same building/structure/systems: OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection:...Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the Violation(s)must be CORRECTED BY: September 19,2007 fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an I) Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. removal, well construction, approved site development plan, filling, re- vegetation,etc.)shall have been issued prior to the commencement of work at / the site. Activities prohibited prior to permit issuance shall i elude,by are Respond• ' gate not limited to, excavation pile driving (excluding test piling) well drilling, 8/2007 /�formwork,placement of building materials,equipment or accessory structures _��/l��-l�i1� and disturbance or removal of protected species or habitat,etc. nvestigator' 'i Lure Date Section 106.1.2 Certificate of Occupancy. 0106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part cf a-- building until after the building official has issued a certificate of occupancy, etc. SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign. ure item 4 if Restricted Delivery is desired. X ! ❑Agent • Print your name and address on the reverse ❑Address so that we can return the card to you. • by - 'nted Name) C. Date of Delivi • Attach this card to the back of the mailpiece, ,f� or on the front if space permits. "` "' "`'Z— 1®; D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: Ao PEREZ, CARLOS % JESUS FERNANDEZ 1430 RAILHEAD BLVD #107 rvice Type NAPLES, FL 34110 .r Certified Mail ❑Express Mail • egistered ❑Return Receipt for Merchandi Case Nbr — 2007080099 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 7007 0220 0000 4037 1461 :vv `L C. Cif '()-4C0 PS Form 3811, February 2004 Domestic Return Receipt 1o2595-02-M-1 U.S. Postal Service-Fn; CERTIFIED MAIL, RECEIPT- (Domestic Mail Only;No Insurance Coverage Provided) _ For delivery information visit opr_website.atwww.usps.coma,. r+ E D-- Postage $ Certified Fee Postmark 173 Return Receipt Fee Here D (Endorsement Required) D Restricted Deli' - D (Endorsement I Iii PEREZ, CARLOS f1J Total Postag JESUS FERNANDEZ Sent To 1430 RAILHEAD BLVD #107 — r` NAPLES, FL 34110 D D Street,Apt.No or PO Box NoCase Nbr — 2007080099 City,State,ZIP PS-Form-3800 A'ugust2006., -See Reierselarinstructjon /1 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning 7 • 3947444 OR: 4155 PG: 3558 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL - 12/18/2006 at 0I:41F11 DIIGRT E. EROCR, CLERK i CONS 210002.00 This instrument prepared by and NBC FEE 18,50 after recording retum to: DOC-.70 1470.70 Retn: Leo J.Salvatore, Esq. SALVATORI & WOOD SALVATORI&WOOD,P.L. 4001 TANIANI TR N 1330 4001 Tamiami Trail North,Suite 330 NAPLES FL 34103 3060 Naples,Florida 34103 1 1 1 SPECIAL WARRANTY DEED This Indenture, made this 15th day of December, 2006, between FOCD, LLC, a Florida limited liability company, GRANTOR, and Carlos Perez, a married man, whose post office address is 5426 Texas Avenue, Naples, FL 34113, GRANTEE. Wtnesseth that said Grantor • - i,• • 'deration of the sum of TEN DOLLARS, and other good and valuable co : e •i•r --��--i• t a or in hand paid by said Grantee the • receipt whereof is hereby ackn, •It.-d, have grante• 4- ' -fined and sold to the said Grantee and Grantees heirs and assi• s • ever, the following de rib land, situate, lying and being in Collier County, Florida: _ Unit Nos. .7 . ,, • , '911k"---it: , Condominium, according t4 th= Eecl-ra io • :,•r'• fm the-eof, recorded in Official Res,. •• : ? -s"•• •-•L 2:• 2! ' inclusive, of the Public Rec, • of Collier Cou --, F rid- ;44,4 gether with an undivided int= in all common &e.. is ap -nant thereto. Subject to - •ns, covenants mac••ditions, limitations, agreements, res-` = is common to the condominium; and Iatj w ` - - for the current and all subsequent years, bearing Pr perty Identification Number 76720002147 and 76720002888. Further subject to the Declaration of Condominium, Articles of Incorporation, By-Laws and Rules and Regulations of 3573 Enterprise Condominium Association, Inc., and Enterprise Design Center Master Association, Inc., as the same may be amended from time to time. - Further subject to the Master Declaration of Covenants, Conditions, Restrictions and Easements for Enterprise Design Master Association, recorded in Official Record Book 3829, Pages 2616 - 2636 inclusive, of the Public Records of Collier County, Florida, together with the Articles of Incorporation, By-Laws and Rules and Regulations of the Master Association, as the same may be amended from time to time. DoubleTime Q *** OR: 4155 PG: 3559 *** And said GRANTOR does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by or through Grantor, but against none other. In Witness Whereof, the Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, ealed and deliv red FOCD, LLC, a Florida limited liability in our ,resence company _ j/ ' BY: (Corporate Seal) W "�� TCL Realty, Inc., an Illinois LAX. corp - ;:.�a -Manager (prin ,./�m I� A --•1 b i — BY: �I� Wl ss#2 . Cha•wick Lund, as Vice President (print name) �-� , . CQr c p STATE OF FLORIDA COUNTY OF COLLIER " 11 The foregoing inst m a a k o I 7d1",------ • e his day of December, 2006 by T. CHADWICK L ■ I -- V' r s'.,=n ,•f T `e t nc., an Illinois corporation, as Manager of FOCD, LLC, - .•- imite• iabi y ,omp-ny, •• •ehalf of the company, who is personally known to me. • L-) g AZ66./66 My Commission Expires: 1 ' r" tiof �T; ,;�T� `f:LI L) 4`,vrp -_ ..,-,,*i c.HutEK - t name) Corn-.:._,an 0 DD0226979 e Er.rires 6/26/2007 . ' as Bonded through (eoo- 2�25a) Flaridi Note.y Assn.,b ••NUflbwflfflf.�N�MtS..flMNMfl fl.. DoubleTime 17 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007080099 Board of County Commissioners, Collier County, Florida vs. Carlos Perez, Respondents Violation of Section(s) 10.02.06]B][1][a] 10.02.06[B][1][e] and 10.02.06[B][1][e][i], , 04-41, The Land Development Code, as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO.2007080099 DESCRIPTION OF VIOLATION: Construction/Remodeling/Additions of office space done without first obtaining proper building permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodeling/additions of office space on property and get all inspections through certificate of completion (CO) within 120 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the unpermitted construction/remodeling has been permitted, inspected and COed OR Obtain a demo permit and remove any unpermitted construction/remodeling/additions within 120 days of the date of this hearing and restore the building to its original permitted state or a fine of$200.00 a day will be imposed until such time as the building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed. Remove all construction waste to the appropriate site for such disposal. 2. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007080099 CARLOS PEREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned);P.f./f , on behalf of himselthr as representative for Respondent and enters into this Stipulation and Agreement wi • oilier County as to the resolution of Notices of Violation in reference (case) number 2007080099 dated th 30T •ay of July, 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 July 31St, 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][i] and 10.02.06[B][1][e], Of 04-41, The Land Development Code, as amended and are described as Construction • remodeling done to first and second floor without first obtaining valid Collier County Building permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of Completion (CO) for the construction/ remodeling of the structure 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 violation is abated 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. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. S ondent •lane Flagg Director au,j Code Enforcement Department -71 300 Date Date REV 2/23/07 Ci efri CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007080099 vs. CARLOS PEREZ, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31,2008,on the Motion to Continue requested by the Code Enforcement Board,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 August 22,2008. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AN)ORDERED this LQ day ofi y-.-t- ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLI COUNT FLORIDA BY: Itt _ Mate of FeOfttUA Richard Kraenb " Vice-Chair Lott'ttry o!COLD 2800 North Horseshoe Drive Naples,Florida 34104 I HEREBY CERTIFY THAT th11 Is a tme al :orrect copy of a document or filo to Board Minutes and FRacora' t NIT ESS my ha d ena:a late r if k day of ,, DWI T E. BROG CLERK OF COL $ -tiq ✓ .SANTio -e 6 -�--- STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) // The foregoing instrument was acknowledged before me this U2 day of ,2008,by Richard Kraenbring,Vice-Chair of the Code nforcement Board of Collier County,Floe a,who is personally known to me or who has produced a Florida Driver's License as identification. yr'' KRISTINE HOLTON r ,1)f 1 s(ll •� `: MY COMMISSION#DD 6865%5 NOTARY PUBLIC = EXPIRES:June 18,2011 f I My commission expires: '•R6:"8 Bonded Thru Notary Public Under,,,,, Y. i Y comm on ex P CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Carlos Perez,5426 Texas Avenue,Naples,Fl 34113 this (Q` 'day of CLkJ 1,2008. ft - ► M.Je awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Juan Hernandez and Adrianna Garcia., Respondent(s) CEB CASE NO. 2006081209 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-9 Deed 10 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006081209 vs. JUAN HERNANDEZ AND ADRIANNA GARCIA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes,and Collier County 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Garage converted/enclosed without Collier County permits LOCATION OF VIOLATION: 1521 Golden Gate BLVD W Naples, FL SERVED: HERNANDEZ, JUAN, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may 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 by an attorney. will consist of the original PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received b the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the by hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearin include emphasis on Section Eight relating to the appeal process. g to 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 ,•112(239)774-6800;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 2006081209 Juan Hernandez and Adrianna Garcia,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,Land Development Code,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i),Collier County Code of Laws and ordinances Section 22 Article II section 106.1.2 2. Description of Violation: Garage converted/enclosed with out Collier County permits. 3. Location/address where violation exists: 1521 Golden Gate Blvd.Naples,Florida 34120 4. Name and address of owner/person in charge of violation location: Juan Hernandez and Adrianna Garcia 1521 Golden Gate Blvd.Naples,Florida 34120 5. Date violation first observed: August 31,2006 6. Date owner/person in charge given Notice of Violation: September 1,2006. 7. Date on/by which violation to be corrected: October 1,2006. 8. Date of re-inspection: October 2,2006 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 h ing. A Dated this 15th.day of May, 2008 ( ' ichelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(o •h ed .1d subs • . . s 15th day of May,2008 by 11#111°)TAI (:gna - o otary Pub (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC•STATE OF FLORIDA °•'fi Delicia Pulse :Commission#DD629723 Expires: JAN. 16,2011 REV 3-3-05 BO:7'.t DTHRUATLANTICBONDINGCO.,INC. • Case Number aO0(p081 .09 --- , COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION Respondent Ivan Ve rn an ez Date: CI 1 I in(0 Investigator: m,S�V6n e ` one: 239 2 3.p29 �� PinoridnnA G1 Zoning Dist CSiCrt eS Sec d S Twp Liq Rng a", Mailing: 15 2' erdclein Gait a{u D Legal: °Subdivision (L)21 Block 42 Lot 1 Location: �15 at rod e,�e • Nub b W. Folio c?OO 16 0005 OR Book 3 13 Page 32-1 Unincorporated Collier County 17 Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- Violation(continued): 55 and 97-35,as amended,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition ' Section 105.1 Permit Application Ordinance 2003-37 Collier County Right-of-Way Ordinance 0105.1 When required. Any owner or authorized agent who intends to ['Section 5 Permits. It shall be unlawful for any Responsible Party to dig, construct,enlarge,alter,repair, move,demolish,or change the occupancy excavate,obstruct,or place any construction or other material,or perform any of a building or structure,or to erect,install,enlarge,alter,repair,remove, other work which disturbs the existing structure and/or compaction of soil in convert or replace any electrical,gas,mechanical or plumbing system,the any right-of-way maintained by Collier County within the boundaries of any installation of which is regulated by this code,or to cause any such work to municipal corporation, without first obtaining a permit for such work, etc. be done,shall first make application to the building official and obtain the (Also found in Section 110,Article II of the Collier County Code of Laws required permit and Ordinances,Section 110-31) Section 105.7 Placement of Permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) 0105.7 The building permit or copy shall be kept on the site of the work ding or land alteration permit and certificate of occupancy until the completion of the project. 0.02.06(Bx1)(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. 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 IS0.02.06(Bx1xd) Improvement of property prohibited prior to issuance regulated 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 Ordinance/Narrative: requires a building permit under this land development code or other a_' —t. Grant• - ;.<-i—pl.q.=,�.,.,„,:i_.,e,_ /�plicable county regulations. ,Y . p .∎2•Ir • _ 1.L j •11 • ytii>< ,.02.06 ?tit t Wd,IWI Ppr r W. !4lsp � an • : 0',-}” 1 Y (Bxtxd)(i)In the event the improvement of property,construction of w�h a V+ COW1 & �+_ __+. Q.ilk hq 'PfM j an type,repairs or remodeling of any type that requires a building permit has t.[�uTl os,e i 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). Or er to Correct Violation(s): �QMust be in compliance with all Collier County Codes and Ordinances. Collier County Code of Laws and Ordinances Section 22,Article II pply for and obtain all permits required for described ❑103.11.1 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, 1ust 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 0103.11.2 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 `C b 't '2 building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: (vj (U 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 Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of 0164.13.5 Prohibited Activities prior to Permit Issuance. A building permit procution. (or other written site specific work authorization such as for excavation,tree a } ( _j C removal, well construction, approved site development plan, filling, re- e5 01 © C d• vegetation,etc.)shall have been issued prior to the commencement of work at espondent's Si: . rete the site. Activities prohibited prior to permit issuance shall include, but are ►]All, R not limited to, excavation pile driving (excluding test piling), well drilling, "�. _ ' formwork,placement of building materials,equipment or accessory structures Investigator's Signature Date ^disturbance or removal of protected species or habitat,etc. Secuon 106.1.2 Certificate of Occupancy. '106.1.2 Building occupancy. A new building shall not be occupied or a hange 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. ..... . '. . . . . . . ., ^ . . ., _ _ '+ 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 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(l) 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 oflor] building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected,moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless heshall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord.No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building 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). Florida Building Code 2004,Building ter=--rte. ` LOR DA ',BUILDING tOD =z ;- iia 1\ ICI 11 I I U)k jErf t lam' , g i �J L s 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. = Section 106.1.2 entitled 'issuing Certificate of Occupancy,"is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. n """ JILOLJ2 UR. J21J rv. VJO1 - --_ : :':iUC ;IT CORPORATION RECORDED in OFFICIAL RECORDS of COWRY COMM, FL 00 TAPT ST ME 410 • 10/17/2005 at 01:0411 DWIGHT E. BROCL, CLERL HOLLYWOOD IL 33024 COPS 1O0T10.00 This Document Prepared By and Return to: En FEE 1 0.00 GABRIELA. ABE IGA Doc-.TO 705.60 STATEWIDE TITLE CORPORATION - lets: - - /.........., 6600 Taft Street, Suite 410 STATEWIDE TITLE Hollywood, FL 33024 4601 SHEYIDAI ST 1500 HOLLYWOOD FL 33021 Parcel 1D Number. 37060160005 Quitclaim Deed This Quitclaim Deed, Made this 'C) day of October ,2005 A.D., Between MICHAEL HERNANDEZ, a single man and ADRZANNA GARCIA, a married woman, joined by her husband, JUAN HERNANDEZ of the County of , State of Florida JUAN HERNANDEZ and ADRIANNA GARCIA, husband and wife ,grantor, and whose address is 1521 GOLDEN GATE BLVD, Naples, FL 34120 of the County or Collier State of Florida ,grantees. Witnesseth that the GRANTOR,for and in consideration of the sum of • TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged,has granted,bargained and quitclaimed to the said GRANTEES and GRANTEES'heirs,successors and assigns forever,the following described land,situate, lying and being in the County of Collier State of Florida to wit The East 180 feet of Tract 2, GOLDEN GATE ESTATES, Unit Number 10, according to the Plat thereof =s. eo. - -.-. in Plat Book 4, Pages 101 and 102, of the Public Rec. a - ,linty, Florida. c__AL- 1, ,......,, C) 0 It)W E-4 r..\-=, 4k) Q " G To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law or equity, for the use, benefit and profit of the said grantees forever. In Witness Whereof,the grantor has hereunto set hand and seal the %0 and year fuss above written. Signed,sealed and deliv: , u j sir presence: •i'i, i '� •to• Name: (Seal) - , MI : - , HERNANDEZ �itness P.O.Address:1521 Golden Gate Boulevard J Naples,FL 34120 (Seal)Name: ,� � O Q f S . FEZ Witness P.O.A.;f . ate Boulevard X e/ G 11 _ •._ f' 'i/L�8 (Seal) Printed Name fin,f Afar t,-n c? a -4+i`- `•"- :---`-"•■• Witness P.O.Address:1521 Golden Gate Boulevard Naples,FL 34120 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this/Q day of October 2005 by MICHAEL HERNANDEZ, a single man and ADRIANNA GARCIA, a married woman joined by her husband, JUAN HERNANDEZ - who is personally known to me or who has produced Florida driver's license . iden 'cation. MascE D.LE M ` ��d " Came DD02ffii70 Fspha 2/2412008 a Banded thru(S00)432-12S4 R Reid!Notary Aiwa, in =d Name: L I - a Notes Pub li c My Commission Expires:27ZZ'71/0 EER225225 case Getewd by O Display Swum Inc.,2D03 0163)763.5555 Fm.FLQCD.I r_ # 2006ce/Zo Collier County Impact Fee Calculator Print Page Page 1 of 1 aSVVY•Can-- Impact Fee Calculation Summary The current date and time is 7/12/2007 3:18:21 PM U y s Your Selection: �i4 P Use: Home-Addition/Replacement Location: Collier County(Default) Fire District: Golden Gate Existing Living Area Sq. Ft.: 13 Additional Living Area Sq. Ft.( 80`� Rgp. -6/96.Z74e /5Z/ goePbJ Additional Non-Livin Ar a Sq. Ff - ,vm- -w, -i - ; / D _.._ -4111•21I ,411/4111■ Utility impact fee NOT INCLUDED.Please contact Utilities at 732-2571 for water and sewer impact fees. Impact Fee Cost Parks Regional $204.00 Parks Community $92.00 Library $46.02 Fire $120.00 School $978.00 .Road $2,525.00 Jail $51.22 Emergency Medical Service $11.45 Government Building $82.00 Law Enforcement $32.07 Total Fee $4,141.76 V-1C\ /.-'1'6 ro I2 . -1 eye lq b c z_ COLLIER COUNTY CODE ENFORCEMENT_BOARD _ Board of County Commissioners, Collier County, Florida vs. Juan Hernandez and Adrianna Garcia 1521 Golden Gate Blvd W Naples,Florida 34120 Violation of Section(s) Ordinance 04-41, as amended Section 10.2.06 (B) (1) (a), 10.2.06 (B) (1) (e), 10.2.06 (B)(1)(e)(i) of the Collier County Land Development Code; Collier County Code of Laws and Ordinances Section 22,Article II Section 106.1.2 Michelle Scavone, Code Enforcement Official Department Case No. 2006081209 DESCRIPTION OF VIOLATION: Garage Converted/Enclosed with out first obtaining any Collier County permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Submitting a complete application for any and all Collier County Building permits or Demolition permit, obtain the permit, request all required inspections and obtain a Certificate of Completion within one hundred twenty (120) days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator with in twenty four (24) hours of when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 a 8( (it CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006081209 vs. JUAN HERNANDEZ AND ADRIANNA GARCIA, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 Juan Hernandez and Adrianna Garcia are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1521 Golden Gate Blvd.W.,Naples,FL,Folio 37060160005,more particularly described as the East 180 feet of Tract 2,GOLDEN GATE ESTATES,Unit Number 10,according to the Plat thereof,as recorded in Plat Book 4,Pages 101 and 102,of the Public Records of Collier County,Florida, is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06 B(1)(a), 10.02.06 B(1)(e), 10.02.06 B(1)(e)(i)and Collier County Code of Laws and Ordinances,Section 22, Article II,section 106.1.2 in the following particulars: Garage converted/enclosed without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code, as amended,sections 10.02.06 B(1)(a), 10.02.06 B(1)(e), 10.02.06 B(1)(e)(i)and Collier County Code of Laws and Ordinances,Section 22, Article II,section 106.1.2 be corrected in the following manner: 1. By submitting a complete application for any and all Collier County Building permits or demolition permit,obtaining the permit,requesting all required inspection and obtaining a Certificate of Completion within 120 days(November 28,2008). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 28, 2008,then there will be a fine of$200 per day for each day until the violation is 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 prosecution of this Case in the amount of$87.44 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this CI) day ofe"`#_'2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER A)COUNTY,FLORIDA BY: v'" 11 " Richard Krae 'ng,Vice-Chair 2800 North orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this L day of 1x' , 2008,by Richard Kraenbring, Vice-Chai pf the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or -who has produced a Florida Driver's License as identification. - ,,,'°'r',,� KRISTINE MOI.TON ,.,T': MY COMMISSION#DD 686595 �h NOTARY PUBLIC R�, _ 2011 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Juan Hernandez and Adrianna Garcia, 1521 Golden Gate Blvd W.,Naples,Fl 34120 this to-11- day of Q k. , 2008. r"` M.Jean son,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board State G>< FLORIDA 400 Fifth Avenue S.,Ste.300 Iftilliti Of COWIN Naples,Florida 34102 • ,;s, . s (239)263-8206 I HEREBY CERTIFY THAT 1 I$a I ,. :affect copy of a docume file i.; Board Minutes and Reco :Ct Cottierteuart -. '+APTNESS my had and offid*20,01 thI a �&±1"- day of gu s•Kai; OWI E. BROCK,CrERK Or COURTS = ��r.p IIM • COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James Hargraves, Respondent(s) CEB CASE NO. 2007110616 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing - 2 Notice of Violation 3 Copy of Applicable Ordinance 4-6 Deed 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board • BOARD OF COUNTY COMMISSIONERS, Case: 2007110616 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HARGRAVES, JAMES L, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Structures attached to existing dwelling without obtaining required surveys, building permit(s), inspections or Certifiate of Completion. LOCATION OF VIOLATION:728 100th AVE N Naples, FL SERVED: HARGRAVES, JAMES L, Respondent Ron Martindale, 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 OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007110616 James L Hargraves,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,Land Development Code Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),(i),and Code of Laws and Ordinances Section 22,Article II, 104.1.3.5 and FLORIDA Building Code 2004 Edition Sections 105.1 and 111.1 2. Description of Violation: Structures attached to existing dwelling without obtaining required surveys,building permit(s),inspections or, Certificate of Completion. 3. Location/address where violation exists: 728 100th Avenue North Naples,Florida 4. Name and address of owner/person in charge of violation location: James L. Hargraves,728 100th Avenue North Naples,Florida 5. Date violation first observed: 11/26/07 6. Date owner/person in charge given Notice of Violation: 11/28/07 7. Date on/by which violation to be corrected: 12/28/07 8. Date of re-inspection: 3/7/08 9. Results of Re-inspection:Violations remain.Structure remains unchanged from initial inspection violation.No demolition or building permit(s)obtained. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 7th day of March, 2008 / /�� J/ /. /!i fra Ron. 'artm.• e Code nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 7th day of March ,2008 by Ronald Martindale. g." ((DU (Si 4 . Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known '-or produced identification Type NOTARY PUBLIC-STATE OF FLORIDA ype of identification produced Yousi Carder Commission#D103966 `' Expires:. OCT,10,2011 �•' ,,= REV 3-3-05 BONDEDTHRII ATLANTIC BONDING CO.,INC. 7 �40,6.1\4111✓Vl AmVVI lIVV lV COLLIER COUNTY CODE ENFORCEMENT Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION Respondent JAMES L HARGRAVES Date: 11/27/07 Investigator: Ronald Martindale Phone: 239-403-2445 Zoning Dist RMF-6 Sec 28 Twp 48 Rag 25 Mailing: 728 100 AVE N Legal: Subdivision NAPLES PARK Block 67 Lot 33 NAPLES,FL 34108-2240 Location: SAME AS MAILING Folio 62780320006 OR Book 1313 Page 134 - Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement ' Ordinance No. 07-44, you are notified that a violation(s) of the following Violation(continued): codes exist Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Se tion 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, X1105.1 When required. Any owner or authorized agent who intends to excavate,obstruct,or place any construction or other material,or perform any onstruct,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-of-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work X10.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 111.1 Connection of service utilities. No person shall make connections fro a utility,source of energy,fuel or power to any building or system that is 010.02.06(B)(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other DID OBSERVE STRUCTURE(S) ATTACHED TC applicable county regulations. DWELLING WITHOUT OBTAINING SURVEYS ,10.02.06(B)(1)(e)(i)In the event the improvement of property,construction of - PERMIT(S); - OR--INSPECTION(S). ---SAID --ADDEI `any type,repairs or remodeling of any type that requires a building permit has STRUCTURE(S) ARE IN VIOLATION OF COLLIE! been completed, all required inspection(s) and certificate(s) of occupancy COUNTY SETBACK REQUIREMENTS. MUST OBTAII must be obtained within 60 days after the issuance of after the fact permit(s). COLLIER COUNTY DEMOLITION PERMIT(S) WITHIN 11 Collier County Code of Laws and Ordinances Section 22,Article II WORKING DAYS AND REMOVE ALL STRUCTURE(S) ID 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, VIOLATION AND MATERIALS FROM SITE UPOI electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, COMPLETION OF DEMOLITION. or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, Order to Correct Violation(s): constitutes a hazard to safety or health, are considered unsafe buildings or M be in compliance with all Collier County Codes and Ordinances. service systems. All such unsafe buildings,structures or service systems are Apply for and obtain all permits required for described hereby declared illegal,etc structure/improvements: OR remove said structurelim rov , includinmaaterials from pronertv e'llul restore to a permitted state ❑103.112 Physical Safety[pools]. Where pool construction commences prior Must request/cause required inspections to be performed and obtain a to occupancy certification of a one or two family dwelling unit on the same r� property,the fence or enclosure required shall be in place at the time of final certificate of occupancy/completion OR demoli desen building inspection....Where pool construction is commenced after occupancy improvements/structure and remove from property. certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless DMust effect, or cause, repair and/or rehabilitation of described unsafe during the period commencing with filling of the pool and ending with building/structure/systems: OR remedy violation by means of permitted completion of the required fence or enclosure, temporary fencing or an demolition of same. approved substitute shall be in place,etc. Violation(s)must be CORRECTED BY: DEC.28111, 2007 iS 104.1.35 Prohibited Activities prior to Permit Issuance. A building permit or other written site specific work authorization such as for excavation,tree Failure to correct violations may result in: removal, well construction, approved site development plan, filling, re- 1) Mandatory notice to appear or issuance of a citation that may result in vegetation,etc.)shall have been issued prior to the commencement of work at fines up to$500 and costs of prosecution. OR the site. Activities prohibited prior to permit issuance shall include,but are 2) Code Enforcement Board review that may result in fines up to$1000 per not limited to, excavation pile driving (excluding test piling), well drilling, d. per violatio as long as the violation remains, and costs of formwork,placement of building materials,equipment or accessory structures pr tion. ''s-- and disturbance or removal of protected species or habitat,etc. 51- 1 oection 106.1.2 Certificate of Occupancy. Respon ut's Signature / Date 0106.12 Certificate of Occupancy. Upon satisfactory completion of / 1 Ai/ J 1 OKI11 11/27/07 construction of a building or structure ... and after the final inspection,the ` �.■-. Building Official shall issue a Certificate of Occupancy stating the nature of Investigator's S . 'ifff e V Date 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 Rev 5/30/07 Ordinance 04-41, as amended,Land Development Code. 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. 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. 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. . 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). SECTION 111 SERVICE UTILITIES Page 1 of 1 SECTION 111 SERVICE UTILITIES 111.1 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. htto://ecodes.iccsafe.org/icce/gateway.dll/Florida%20CustomBuild2004 FL/3/14?f=templ... 5/13/2008 dt it evrc - br °O,1O13aelrt, un i 4 d, LIL2 j 0 1e `S y a y y .0, Og H O 1 : E 1 �10I �11411 ' 1041 35 j 4 **-1 +11 ij Seam 6rovase ® Doc�,nertt }�` Crontents l Hdt ut �+�';Object CODE OF LAWS AND ORDINANCES County of COWER,FLORIDA Codified through Ord.No.06-46,enacted Oct 10,2006.(Supplement No.21) Chapter 22 BUILDINGS AND BUILDING REGULATIONS' ARTICLE II. FLORIDA BUILDING CODE' Sec.22-26. Adoption and amendment of the Florida Building Code. S,..: ..... new section which ��.._ Section entitled"Prohibited Activities Prior to Permit Issuance,"is a "� ich will read as follows: Mil 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. Section 104.2.1.2, entitled"Additional Requirements,"is a new section which will read as follows: 104.2.1.2 Additional Requirements: 1. Drawings to scale,minimum scale is 118`. 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the site or lot. `J, }iii 1R erence CODE OF LAWS AND ORDINANCES County of COLLIER,FLORIDA Codified through Ord.No.06-46,enacted Oct 10,2006.(Supplement No.21)1 Chapter 22 BUILDINGS AND ...Sect o entitled'Prohibited ktiv ecPriorto... CODE OF LAWS AND ORDINANCES County of COWER,FLORIDA Codified through Ord.No.06-46,enacted Oct 10,2006.(Supplement No.21)l Chapter 22 BUILDINGS AND BUL... 1 Li 1.1. .E.A building permit(ter outer... tecorrf:3,410 J 23,978 6t i/�•iQutxy: 104.1.33 start £3 rai ) ' 2 - v .earcF.E.l:toc 6).4 tr. Monday,Apr 14,2008 11:11 AM /n uviviv CO LEER GOUt1TY000. oo consid blQ era � RDEO OR BOOK PAGE =^ 6. 0 0 recording 368. 50 state stamps 11l_.,..,a WARRANTY DEED ID._.._. THIS WARRANTY DEED made the ;,;Z day of ac �;p, \ , A.D. 19 � 7, by eHarold Hastings and Louis F. Johnson, as tenants in common 9 hereinafter called the grantor, to James L. Hargraves , a single man , hereinafter called the grantee, whose post office address is: 728 100th Ave. , N. Naples, FL 33963 (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporation. ) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: Lot 33, Block 67, Naples Park, Unit No. 5, in accordance with and subject to the plat recorded in Plat Book 3, page 14, Public Records of Collier County, Florida. I _e3 _ L E 4� GRANTOR further warrant - - t the withi 'fds ri ed property is not homestead property and t - t their legal a• •re- s is : 115 South East Second, Fairfield, I Ai +i; TOGETHER with all the to eme h r d't 71311a -T.p rtrnances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the - : in fee situp e ' •rev- . �y AND the grantor hereby co Ca'':.•ts with said gr- ee t he grantor is lawfully seized of said land in fee silo°!!- that the gran a �l�e.d right and lawful authority to sell and convey said land; he grantor here• 2 y warrants the title to said land and will defend the same ag- '+ . e lawful -if •f all persons whomsoever; and that said land is free of all enc era 'L - : es accruing subsequent to December 31, 19 86 , easements, restri -s • eservations of record and restrictions and easements common to the subdivision. IN WITNESS WHEREOF, the said grantor has signed and sea -d these presents the day and year first above written. SIGNED, sealed and delivered in our presence: /iti Q 9.0 '�i � ,�1��1I L.S. Witness No. 1 HAROLD HAS I �i�i. ,. . w ...rteCLac�/> '71!16- &/ L.S. ess / ' & LOUIS F. SON 7� �, ST'TE OF !/✓J• 1 r7 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida Vs. James L.Hargraves Violation of Ordinance 2004-01, as amended, Sections 10.02.06(B)(1)(a), (e), (i), Florida State Building Code 105.1,111.1, Code of Laws and Ordinances ,Section 22, Article II, 104.1.3.5 Ronald Martindale, Code Enforcement Official Department Case No.2007110616 DESCRIPTION OF VIOLATION: Structure(s) attached to existing dwelling without obtaining required permit(s) or Certificate of Completion. 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 a Collier County Demolition Permit to remove unpermitted structures, remove debris to a site intended for proper disposal, obtain inspections and Certificate of Completion within 120 days or a fine of$200.00 per day will be imposed until the violation is abated OR obtaining required Collier County Building Permit(s), inspections through to issuance of Certificate of Completion for unpermitted structures within 120 days or a fine of$200.00 per day will be imposed until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 (IUL-eLte(cl qt CODE ENFORCEMENT BOARD • COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007110616 vs. JAMES L. HARGRAVES, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31,2008,on the Motion to Continue requested by the Respondent,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 Septemter 25, 2008,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 (j day of ,2008 at Collier County,Florida CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 1 'O I6 iot a 01 F t.(JR113A Richard Kraenbri ,Vice-Chair 2800 North Horseshoe Drive ;aunty of COLLIER Naples, Florida 34104 HEREBY CERTIFY THATthI 1s =, tea* :orrect copy of a document ,, Board Minutes and Records'', '` j Anz ESS my ha,d and t� '. 'g "-day of /11.10. �. WIG . BROCK,C K$0.count$ .. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this V day of ,2008,by Richard Kraenbring, Vice-Chair of the Cocy Enforcement Board of Collier County, Flo who is personally known to me or who has produced a Florida Driver's License as idertification. KA'ArSeillY6) Htitinc\ .S'r;'o KRISTINE HOLTON NOTARY PUBLIC' ,., MY COMMISSION#DD 686595 I My commission expires: _:I EXPIRES:June 18,2011 4 f 1 --Ate Bonded Thru Notary Public Unaervvr ,ter CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James L.Hargraves,728 100th Avenue N.,Naples,Fl this LP'4day ofC11,ApX,2008. //1/ : .6.1--7 ' ' M.Jea)Y awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. 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 3-6 Copy of Applicable Ordinance 7 Deed 8 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: 07/31/2008 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 Improvement 2005 AR 8238 standarts. LOCATION OF VIOLATION:8004 TRAIL BLVD Naples, FL SERVED: BARRON COLLIER PARTNERSHIP, Respondent Susan OfarreII, 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. 2007070830 Ban-on Collier Partnership,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,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 Barron Collier Partnership LLLP Paul Marinelli,RA 2600 Golden Gate Pkwy Naples,Florida 34105 5. Date violation first observed:7-18-2007 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 1st day of July,2008 - P o'f2_11 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 1st day of July,2008 by P2-7C-1U (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_ or produced identification Type of identification produced NOMY REV 3-3-05 BONDED Tc.." 2. YO ICE OF ORDINANCE V OL. L ON AND ORDER TO CORRECT ORDER TO CORRECT VIOLATIONS) a ron Collier P r el:sliip you are directed by this Notice to ta.Le the `oIiowing ll for corrective action(s). Ci v Randall J. La'iOFla. ReQIStCl'e4' Agent 1Gr Grills of Naples LLC Obtain a copy of the site Development Plan g38 Neapolitan Way PMB 301 (SDK 2005 AR 5232) for time 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_4 ND ADDRESS) and irrigation, Stc ::ie: - n 48 kris 25 Suba ON OR DEFORE: September 20. 2007. l il: A LOT I Parcel Of Collier Couri y Record. Properly ID: 67390040001 PUD Tract Unit SDP 3238 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. (2) Code Enforcement Board review that may result No. 04-41 as amended Section 4.06.05(J)(2) in fines up to $1000.00 per day per violation, as long —d No. Section as the violation remains, and costs of prosecution. Ord No. Section SERVED BY: PUD#s: ['Personal Service ['Certified Mail ['Posting of Property Regulations: I, , HEREBY acknowledge Sections: that I have received, read, and understand this notice of Dated: violation. DESCRIPTION OF CONDITIONS CONSTITUTING TITE VIOLATION(S). Signature and Title of Recipient Did. Witness: On 7-18-2007 I observed many dead and print dying required landscape trees. This is in violation of the Collier County Land Development Code which states that Dated this 7th day of August, 2007 the owner shall be responsible for the continued maintenance and upkeep of all required landscape so as to Reference case number: 2007070830 present a healthy plant in a condition representative of the species. INQUIRIES AND COMMENTS SHOULA BE DIREC I lcD TO CODE ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 P'41 659-5754 Fax(239)304-3942 .estigator signature 5, i, 0 C.__. 1 l VIOLATION STATUS: ®Initial ['Recurring Repeat Nntine of Violation Orivinal to File Cnnv to Recnondent Cons,for it ,---.. �S+N w � a M -! f f� Sf T'si }_r!`h� i.- ,» � t+r..44 �n � {µ.�az#' , N ro zomptiTETHLS �TIOIU ..iCriiik-ETT.E.7fiik SECTLQN -N Cil[ERY frt?!S-$ 1.,.L.%. .,,l .:t 4,44,=7.r, t'., ! ,',-/F."--'4:',,"", `T, -�i' .i'i,r�;K.-r°Zc .,a.',tAl c._. M Complete items 1,2,and 3.Also complete A. Signature ,- it-m 4 if Restricted is desired. ff ii) ent M Print your name and address on the reverse X 9 !��'L ', 1.1% i. ( J E,rt //€J Addressee so that we can return the card to you. I : -eceived b1(I rinted Name) D=te of Delivery 12 Attach this card to the back of the mailpiece, 't w 2C.or on the front if space permits. '- i^ ' L1� Ltd O!" D. Is del < address different fro ' ern 1? .la Yes 1. Article Addressed to: If YES,enter delivery address'b ow: No BARRON COLLIER PARTNERSHIP RAn1DALL J LATONA, RA GP.ILLS OF NAPLES LLC li 838 NEAPOLITAN WAY PMB 301 3. e S ceType NAPLES, FL 34105 3227 rtified Mail 0 Express Mail C �� ) 0 Registered 0 Return Receipt for Merchandise ,,T1.,,_ — '' n�n�no?n 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 7007 0220 0000 4036 5057 _ OV/S0ot -7 PS Form 3811,February 2004 Domestic Return Receipt 6 - 20 102595-02-M-1540 . :!4 War r a � ka 5AI 4" - c `FE - - o .,- .- ^' N —paw esf 1l�%baL}rlfCo Hrsua►u:e Cauera e:Pmovtded v, • i'"rF„�l Itiue iinfanT atrprgAgil att Ytetisd"4'a vrww r�sFs ifOOM: M p Postage $ Certified Fee I O 111 Postmark ® Return Receipt,Fee Mere O (Endorsement Required) CI Restrict O (Endorse TNERSHIP RI BARRON COLLIER PAR rU Total P RANDALL J LATONA, C RA GRILLS OF NAPLES LLC ;�nr;4 838 NEAPOLITAN WAY PMB 301 t1 ',- FL 34105 3227 E3 j NAPLES, { °° I, COLLIER COUNTY,FLORIDA NOTICE OF ORDINANCE VIOLATION AND ORDER TO CORRECT TO: ORDER TO CORRECT VIOLATION(S) : ��?ul Marinelli, Registered Agent for You are directed by this Notice to take the following . arron Collier Partnership LLLP corrective action(s) 2600 Golden Gate Parkway Obtain a copy of the Site Development Plan Naples, Florida 34105 (SDPI 2005 AR 8238) for the property and return all landscaped areas to their original condition. LOCATION OF VIOLATION(LEGAL AND ADDRESS) This will include all trees, shrubs, groundcover, Within Collier County Zoning District: C 4 and irrigation. Sec 34 Twn 48 Rng 25 Subd Elk A Lot I Parcel Of Collier County Record. Property ID: 67390040001 . ON OR BEFORE: September 20,2 007 PUD Tract Unit SDP 8238 OR 2102 Page 401 : OR Page PENALTIES MAY BE IMPOSED: AKA(Address) 8004 Trail Blvd.Naples,Florida Failure to correct the violations on or before the date specified above will result in, NOTICE Pursuant to Collier County Code Enforcement Board (!) Mandatory notice to appear or issuance of a (CEB) Ordinance No 07-44, as amended, you are notified citation that may result in fines up to $500.00 and that a violation(s) of the following Collier County costs of prosecution. Ordinance(s) and or PUD Regulation(s) exists at the above- described location. OR Ord No. 04-41 as amended Section 4.06.05(J)(2) (2) Code Enforcement Board review that may result Ord No. Section No. Section in fines up to $1000.00 per day per violation, as long I as the violation remains, and costs of prosecution. PUD#s: SERVED BY: Regulations: DPersonal Service ❑Certified Mail OPosting 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 dying required landscape trees. This is in violation of the .,_.•_, Collier County Land Development Code which states that the owner shall be responsible for the continued Dated this 7th day of August, 2007 maintenance and upkeep of all required landscape so as to present a healthy plant in a condition representative of the Reference case number: 2007070830 species. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR Susan O'Farrell 2800 No.Horseshoe Dr.Naples,FL 34104 (239) 659-5754 Fax:(239)304-3942 "Layestigator signature I J 1 ✓IOLATION STATUS: I�Initial Recurring ❑Repeat \intire of VinIntinn Orieinal to File Cnnv to Recnnntlent Cnnv fnr Site Pnctino Cnnv for nffieinl Pnctino .Rev RIO; CJ'-'0` i A'VP tO C 1:11 °.`'a -SENDER COMPLETE:THIS SECTION COMPLETE•THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete urftqu u /mil? item 4 if Restricted Delivery is desired. geAt Fes" Print your name and address on the reverse 12./ ❑Addressee so Attach we can return the card to you. _ e) C. s_,_ ery Attach this card to the back of the mailpiece, lj� z°f or on the front if space permits. / s D. Is delivery address different from item 1? D Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No BARRON COLLIER PARTNEPSHIP LLLP PAUL MARI_NELLI, R/A 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 3, S ice Type , Certified Mail ❑Express Mail Case Nbr - 2007070830 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 07_ 50617 /tr/ (r 7QQ7 Q22Q 0000 4036 5064 PS Form 3811,February 2004 Domestic Return Receipt q 102595-02-M-1540 < {�h r�ili�'. ' fryi ¢!d ay4,*'4 x s 4.n; 2at:A C RTELEDZAEL RECEIPT IDamestrc ifait cirri ,Wirittriarzrrceco r Fdrdeli\i ntinformatiimvisitaurwehsite atwww wisps hoar,-- ,v r r A steam sae m 0 Postage $ Certified Fee O Return Receipt Fee Postmark p (Endorsement Required) Hem Rest (Endo BARRON COLLIER PARTNERSHIP LLLP f1.1 fl.l Tot PAUL MARINELLI, R/A C3 2600 GOLDEN GATE PARKWAY i NAPLES, FL 34105 In- I V Hs'ha,= Case Nbr - 2007070830 c SITE DESIGN AND DEVELOPMENT STANDARDS 4.06.35 J. i 0C 05 K . ,F. Mainie r nce or ie.ndsceo n(c. t. Pruning. Vegetation required by this Code shall only be !pruned to _ _ promote ci nifcrm, natural growth of t r ve� c iion e xccwt ihere le•� sar to promote health, ._. �;�, ,.,..._ 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 considered in advance of conflicts which might arise (i.e. views, s gnags, overhead 'owe- .nee, lighting. circulation, aid=-walke, buildings, and simiar conflicts). 2. Maintenance.The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy condition representative t =,�..� ,� '°`'y plant in condi 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 f- -.11 (-- 4. , n= , "---■ L,Uitter ,01.1f-EC')/ t ax ..._olitatir 3301 ':-an-lam: -Tr-a d LE as NapleE, FL 34112-4997 2.007 Tax Rol[ 1:1-J-TLIII-,, System OWNER INFORVAT[ON PROPERTY UFO r---ZMATION. Name: BARRON COLLIER PARTNERSHIP Parcel: 67390040001 Acre: 2.21 i k do're.s:11C/0(2i-RP i ,, OF NAPLES f f r' i 1 L:-,-;-:1104 RAIL BLVD 1\r PLEF Ne.^' 1 — ----- ! /. e :1 1\1E/r-C,L7k,R Efiff-Y PEE :=Cv ' 1 ' Ec,,HIFF r I. 1 CTS 1,2 LI:D:' i I Aadress:I I Le:,:a[:1 I 1-.6ciress: KAPLES,FL:i4 iO3-:-,i'L'i 9 i Lai: 1 IIT r ,-. 1 vALUEIEXELr-110[\Z T [NFCRE&L,T[O N 1 PA',' TEP.F6S li PA Vi‘fListn- [NFO 1 Market Value: 3,098,780 County: 10330.41 Nov: 33128.29 Paid Dt: 12/11/2007 Taxable Value:13,098,780 School St: 8633.20 Dec: 33473.38 Recpt: 1767 Millage Code: 118 School loc: 7948.37 Jan: 33818.47 Mach: 28 Homestd Ex: 0 City Tax: 0.00 Feb: 34163.55 Paymt: 33,473.38 Agricltr Ex:1 0 Dependt: 2,141.88 Mar: 34508.64 Mort: 0 Widow Ex: 0 Water:11,491.75 1 Apr: .0 STATUS INFO. 1 Blind Ex:1 0 Independ: 3,295.55 May: .0 Non Ad Va: N Disabled: 0 Voter Appr: 667.48 Now Due: Installment: N Veteran Ex: 0 *Gross Tax: 34508.64 Deferred: N Wholly Ex: 0 ,---■ Appr fee: .0 Bankrupt: N Civilian Ex: 0 Advertising: 0.00 TDA: 0 E* lai-Ciel *BackT6Listm, 1 - 2003 Parcel Information I 2004 Parcel Information I 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&tax_year=2007 3/31/2008 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007070830 Barron Collier Partnership Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Bfra c D a Z as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050669 dated the 27th day of June, 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 July 31, 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) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards of approved Site Development Plan Improvement 2005 AR 8238.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.11 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 Improvement 2005 AR 8238 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 the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas. 2. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. ,L1‘..d. rae-',4A1W- Respondent Diane Flagg, Director Code Enforcement Department 7/2- 7730ti Date Date REV 2/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007070830 vs. BARRON COLLIER PARTNERSHIP, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 BARRON■ COLLIER PARTNERSHIP is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing,and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 8004 Trail Blvd.,Naples,FL,Folio 67390040001,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 Improvement 2005 AR 8238 standards. ORDER OF THE BOARD Based upon the foregoing Findings ofFact 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 violat ons 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 2005 AR 8238 with attention paid to required landscape and buffers within 30 days(August 30,2008). The restoration of the property shall include the removal of prohibited exotics throughout the property the replace vent of all dead,failing,or missing required landscape material in the property buffers and landscape areas. 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 30, 2008,then there will be a fine of$150 per day for each day 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$87.11within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this j day of 01 ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: 11A4 Richard ;do ring,Vice-Chair 2800 No orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this LQ day of 2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier Co ,Florida,who is personally known to me or —who has produced a Florida Driver's License as identification. "r KRIS7INE 1�1 . 1 L I l��JI r MY COMMISSION pp NOTARY PUBLIC ' agl�' EXPIRES:June 18,20.1w i My commission expires: 4,8ay Bonded Thru Notary Public Undsnirper; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Barron Collier Partnership,Rardall J. Latona,R.A.,Grills of Naples,LLC,838 Neapolitan Way PMB 301. Naples,Fla 105 and to Barron Collier Partnership LLP,2600 Golden Gate Parkway,Naples,FL 34105 this_(o*k' day of ,2008. M.Jean Ra on,Esq. Florida Bar No.750311 State 01 FLORIDA Attorney for the Code Enforcement Board county of COLLIER 400 Fifth Avenue S.,Ste.300 J■rto 1' Naples,Florida 34102 I HEREBY CERTIFY ATthis` a true sd (239)263-8206 ;o rrect copy of A�documen oo f ft in Board Minutes ttd Rdcores of Cotner County rnIE ISS my ,: ,no and ial 5e:' this aay pt U 4.,/„ 1G RROtNc,;C ERIC of COURT$ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007070830 Barron Collier Partnership Respondent(s), STIPULATIOWAGREEMENT COMES NOW, the undersigned, B Laz- as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050669 dated the 27th day of June, 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 July 31, 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) of the Collier County Land Development Code Ord. 04-41 as amended and are described as Required landscape has fallen below Collier County approved standards of approved Site Development Plan Improvement 2005 AR 8238.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.11 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 Improvement 2005 AR 8238 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 the replacement of all dead, failing, or missing required landscape material in the property buffers and landscape areas. 2. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. rot-AAA- A-4-7.7 Respondent Diane Flagg, Director Code Enforcement Department /Z •-• 773//i Date Date REV 2/23/07 COLLIER COUNTY,FLORIDA / CODE ENFORCEMENT BOARD CEB CASE NO. 2007070830 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Barron Collier Partnership,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 7-11-08, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4385 PG 0727, et. seq. 2. That the respondent 4a contact the investigator. 3. That a re-inspection was performed on 9-2-08. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by 8-30-08 with the following conditions: Restoring the required landscape of the property to the standards set by the Collier County approved Site Development Plan 2005-AR-8238 with attention paid to required landscape and buffers within 30 days of the hearing. The restoration of the property shall include the removal of prohibited exotics throughout the property and the replacement of all dead, failing, or missing landscape material in the property buffers and landscape areas. FURTHER AFFIANT SAYETH NOT. Dated: 9-4-2008. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD a P. o C.__A 1 Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo (or affirmed)and subscribed before me this 4th day of September,2008 by Susan O'Farrell. ...- ,2/h4- te %,„,i, (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA (Print/Type/Stamp Commissioned .: Indira Rajah Name of Notary Public) .: al. 1.Commission#DD727241 Expires: DEC.07,2011 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known -4 Rev 1/9/2008 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007070830 vs. BARRON COLLIER PARTNERSHIP, Respondent FINDINGS OF FACT.CONCLUSIONS OF LA .��,,,%�•1;.! ; •F : • • E• 0 e-- THIS CAUSE came on for public sr,?, , i 1,2008,and the Board,having heard testimony under oath,received e r ,and heard respective , • • •• •priate matters,thereupon issues its o ° o Findings of Fact,Conclusions f La ,and Order of the Board,as 'llo 04 •a • F~. V 'a' 1. That BARRON CO LI ' PARTN-. is the o er of e su Fact property. • o ono o m 2. That the Code En rce •B.• . .f T, of a Respondent and that the cv y .; Respondent,having been d •. • , • ko, blic h < : :••. = tered into a Stipulation. o 3. That the Responden s otified of the date of jng • .41 • mail and by posting. ZS =2 • ,= 4. That the real property • • -• at 8004 Trail Blvd.,Na. ,)Li olio 67390040001,more particularly e--- g m described as(see attached legal)r to on of Collier Co • ■ • ce 04-41,the Land Development Code,as CCC) ; ° amended,section 4.06.(05 J(2)in th o A.• • Q, •� a CI. " a Required landscape has fallen below o rer otmty approved Site Development Improvement 2005 AR d 8238 standards. o• 0 • m ° 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: an W � N That the violat ons of Collier County Ordinance 04-41,the Land Development Code,as amended,section 2 N 4.06.05 J(2)be corrected in the following manner: a u ac °"» o ° CC DC p C I. By restoring the required landscape of the property to the standards set by the Collier County mss approved Site Development Plan 2005 AR 8238 with attention paid to required landscape and buffers within 30 cz•od ; days(August 30,2008). The restoration of the property shall include the removal of prohibited exotics throughout the property the replace-rent of all dead,failing,or missing required landscape material in the property buffers and landscape areas. 011: 4385 PG: 0728 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 30, 2008,then there will be a fine of$150 per day for each day 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$87.1 Iwtthin 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Orc+er appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this j 044....day of la u ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 1AV rj hard ' g,Vice-Chair R C i + orseshoe Drive STATE OF FLORIDA ) -1 34104 G )SS: COUNTY OF COLLIER) The foregoing ins. me IC • o ^,: • - �' i�� e ' 'ay of _, 2008,by Richard Kraenbri :,V �f i . . u :o • o Collier Co ,Florida,who is personally known t• i h• : • ..1. -. : '1 o • : '► : : 's License as identification. w�sl ftaron ■A A Jai; 1 .1 Ir ;Llir • MY NOTARY PUBL." ,;�_ ��DO6A65S5 I R;. MIRES:june t8,no ! (�� MY commissio . ++fir Piefe unecnrNcn 1 NE' 'iT I$ !f 1,, RVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Barron Collier Partnership,Rardall J.Latona,R.A.,Grills of Naples,LLC,838 Neapolitan Way PMB 301.Naples,Fla 105 and to Barron Ccllier Partnership LLP,2600 Golden Gate Parkway,Naples,FL 34105 this_(j, ' day of ,2008. /2 ��ri V M.Je Ron,Esq. Florida Bar No.750311 State 01 FLORIDA ;Catty OF COWER ' Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 +:='" Naples,Florida 34102 I HEREBY CERTIW ro A bus aid (239)263-8206 :orrect copy of*aocumeni�olt.f 'to Board Minutetand Recoras of COfhar Co traESS my a and o'�:ciet }� aay of ' USr - `� IG BROCK,JERK 8F'bouR a BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4385 PG: 0729 *** Petitioner, Vs. CEB NO. 2007070830 Barron Collier Partnership Respondent(s), STIPULATIOWAGREEMENT COMES NOW, the undersigned, B,_6.d La.Z as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2006050669 dated the 27th day of June, 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 July 31, 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. R C(QU 2) The violations are that of section : '4146 .15 (J)(2) of th- , ? County Land Development Code Ord. 04-41 as amended and -re • - ••-• as Required -nd ape has fallen below Collier County approved standards • a•.ro =• e P: elop -nt Pla I rovement 2005 AR 8238.. THEREFORE, it is agreed betw en pa e t t sp i • -nt h. I; 1) Pay operational costs in the a • • of $87.11 incurre■ ' th: p ution of this case within 30 days of this hearing. GO 2) Abate all violations by: � 1. Restore the require. . .• .ttwctule. - operty to the standards set by the Collier County approved Site De,- .. - Plan Improvement 2005 AR 8238 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 bf the property shall include the removal of prohibited exotics throughout the property the replacement of all dead,failing, or missing required landscape material in the property buffers and landscape areas. 2. Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 41111...../,../4 0,„■ 1/4/(21--- fir-/1-1 Respondent Diane Flagg, Director Code Enforcement Department Date 7/Z 3/0g- 7/31/G% a e Date REV 2/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Ridgeport Limited Partnership,Respondent(s) CEB CASE NO. CES20080005303 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing Notice of Violation 3-6 Copy of Applicable Ordinance 7-9 Deed 10-12 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20080005303 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RIDGEPORT LIMITED 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Displaying prohibited wind signs and snipe signs. LOCATION OF VIOLATION:5331 Airport Pulling Rd, Naples FL(folio#00240440006) SERVED: RIDGEPORT LIMITED PARTNERSHIP, 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 1 OF ;AASNSISTED LISTENING DEVICES OR THE HEARING IMPAIRED ARE L AVAILABLE MANAGEMENT N THE COUNTY COMMISSIONERS'OFF CE EAST TAMIAMI TRAIL NAPLES FLORIDA COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ,' OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CES20080005303 RIDGEPORT LIMITED PARTNERSHIP (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) 5.06.06[0],5.06.06[N],and 5.06.06[L] . 2. Description of Violation: Displaying prohibited wind signs and snipe signs. • 3. Location/address where violation exists: 5331 Airport Pulling Rd Naples Fl(folio 00240440006) 4. Name and address of owner/person in charge of violation location: Ridgeport Limited Partnership, Naples Landlock,Inc, 1395 Panther Lane Suite 300,Naples,Fl 34109,Registered Agent, Property Owner. Liberty Income Tax Service, Miles Iancone, 2028 Teagarden Lane, Naples Fl 34110. Business Owner 5. Date violation first observed:January 26,2008. 6. Date owner/person in charge given Notice of Violation:January 29th,2008. 7. Date on/by which violation to be corrected:February 23rd,2008. 8. Date of re-inspection: April 4th,2008. 9. Results of Re-inspection:Recurring Violation(Case#CES20080001047). 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. Da of M 2008 Dated this y l� � / ► Os Kitchell T Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to . '_.��e and subscribed before this 7f day of 7144AV , 2008 by 16-16%-i• 16-1 6� 7 i6`'`� ors , CJeo k (Si • e of Notary 'ublic) (Print/ a/Stamp Commissioned Nam f Notary Public) Personally known v or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FLOP—.A Yousi Cardeso liCommission#DD723966 /Expires: OCT.10,20?1 BONDED THRU A Ar :C BONDING CO., .,. REV 3-3-05 Case Number CES20080001047 COLLIER COUNTY CODE ENFORCEMENT... : n NOTICE OF VIOLATION Owner. RIDGEPORT LIMITED PARTNERSHIP Date:Jan/29/2008 investigator..kitchelisnow" .:: :: : Phone:239 252 2493 Malting: R1DGEPO:RT:LIMITED PARTNERSHIP. NAPLES.::.-14WDOCK,.INC:: : .. AS REGISTERED GENT.FOR: 1395 PANTHER LANE SUITE.300 NAPLES FL 34199.. MILES IANCONE= : LIBERTY::INCOMETAX SERVICE ::: 2028 TEAGARDEN:.LANE: NAPLES FL 3411.0' :: Zoning Dist:'": C:: Sec: 1:1 Twp 49 Rng.25 : Legal:"Subdivision :: .::;Blocfe..:` Lot ...:: Location:5331:AIRPOR PULLING.RD Folio 00240440005 OR Book 2112 Page 2163 Unincorporated Collier County NOTICE :.... ' .:..: ;:: ..; Pursuant to Collier County:Code'EnforcementBoard (CEB)Ordinance No 2007-44,as amended,you are notified.: : that a:violation(s)of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above- described.location. ::: Ord No.5.06.06(0) Section LDC 5.06.06(0) Violation Status- y ??./' Ord No:5:06.06(EE) Section LDC 5.06.06(EE) Violation Status. C,� ,r f�� y . Ord..No�5;06.06(BB) Section LDC 5;06.06(BB) Violation Status- c'?`?_ Cif Ord No.5.06.0 C 1Z c: :. Section LDC 506.04 C. 12 c Violation Status-(yid e.1 Ord.No..5:0606(N) Section LDC 5.06.06(N) Violation.Status .cam - { ,3 . Ord No 5.06:06(L) Sections LDC 5.06.06(L) : Violation .Status , r DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATIONS) Did Witness:1126108 EVENT IN PROGRESS W/O TUP,W/INFLATABLES SNIPE SIGN WIND SIGNS, PORTABLE SIGNS AND HUMAN DIRECTIONALS It shall be unlawful.to erect,cause to be erected,maintain or cause to be maintained, any sign not expressly authorized by or;exempted from this Code..The following signs are expressly prohibited: 0. Wind signs. A wind sign is defined as any sign or display:including;but not limited to flags,balloons, banners, streamers, and rotating devices,fastened in such a manner to move upon being subject to pressure by wind or breeze, but shall not include official flags, emblems, insignia, or pennants:.of any religious,educational,national, state,or political subdivision: It shall be unlawful to erect,cause to be erected, maintain or cause to be maintained.,any sign not expressly authorized by or exempted from this Code.The following signs are expressly prohibited: EE Human directional signs.. People in costumes advertising stores:Or products.: : It shall-be unlawful to erect,cause to be erected, maintain or cause to be.maintained,any sign not expressly authorized... by.,or:exempted from this Code.:The following signs are expressly prohibited: BB. inflatable.signs.: An inflatable sign is. defined as any object made of plastic,vinyl,or other similar material that when inflated with gas or air,.represents:, : advertises.,or otherwise draws attention to a product(s), service, or activity.: c. Special events signs:A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals., circuses., revivals,sporting events, or any public,charitable, educational event. Such sign shall be located:no closer than ten feet to any property line. Such signs shall require a building permit. Special event signs:.shall be erected not more than 15 calendar days prior to the.advertised event and shall be removed; within seven calendar days:after the event has taken place. d.lt shall be unlawful to place signs commonly refered to as snipe signs made of any material whatso ever on sticks fences, mental stands ect on public or private property: 2 i ORDER TO CORRECT`1/1OlATION(Sl: Yau are directed by#his Notice to take the following corrective actian(s) .: ; InitiallnsDection' 1. Must move permitted sign so that said sign is located no closer than 10 feet to any property tine or remove the indicated sign'AND!OR Must remove the special even sign which is no longer in compliance with D4-4 1 as amended,Section 5.06.04(C)(12)(c}. 2. Cease any and all human directional sign activities. 3. Remove any and ail"Wind'Signs"as defined in 04-41,as amended Section 5.06.06(0): 4 Remove any and all"Inflatable Signs"as defined in 04-41 as amended,Section 5.06 06(BB) 5..Obtain a Temporary Use Termit for the dais 1126/08 to 1127108.After The Fad Permit fees of 2 x the amount of the normal pe mit,are to apply 6_ Remove any sipe signs located on public or private property 7. Remove any portable signs [ 1 : Supplemental attached ON OR BEFORE:_February 23,'2008 Failure to correct violations may result in 1)Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution.OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation,as long as the violation remains,and costs of prosecution. SERVED BY:" ( .^ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR:1Qtcehil F Snow `� 2500 No Horseshoe Dr.Naples,FL 34104 (239)252 2 3- Fax(239)403-2343 Investigator Signature `-----•- �� ;v/`3 -�9�� Si and Title of Recipient: /�ci '• 74 mow • Printed,Name of Recipient Dated:January 29,2006: ■ t n -n O Z N r o D; �m c D y.-m.< Ap w o N ° mm $ ®7•1 °c "'rt OD p o Nrn 1 — a 0* � m o — 0 — Z ,,3 mom , Q o o Aar - gm� E-1 m o c ; mgm gwm° ` a �' �» a 2 n Cl m U) m•°c �� ~ rr m 1 it al 2, m 1 ti A w v >( ? n • i33 El Eip211 ..,,, iT --To __, t i i 1 li: SA/. 0111 -_,.:-1_ rnr. � R I z .-r; i s ` A 1 r a z �F -5 1 P3 .� E3 # c T o � ,s o ❑ El El i ;4; ct 0. it NI n 0 th . L C X ...._M Kai ri:lif-ti ,:N 18s co , + w[s3 g+ Q O urJ y� m o. s N F cC co n Qom^,' t' L a Q I- ''a^) cn co 0 • w I- z I. .U6.UU STUNS rage is orzi on all sides, (except for signs illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for signs illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) forsaid sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right-of-way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. (Ord. No. 04-72, § 3.U) 5.06.06 Prohibited Signs It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from this Code. The following signs are expressly prohibited: A. Signs which are in violation of the building code or electrical code adopted by Collier County. B. Abandoned signs. C. Animated or activated signs, except special purpose time and temperature signs and barber pole signs complying with section 5.06.04 C.12.b. D. Flashing signs or electronic reader boards. E. Rotating signs or displays, except barber pole signs complying with section 5.06.04 C.12.b. F. Illuminated signs in any residentially zoned or used district, except residential identification signs, residential nameplates, and street signs that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by conditional use, PUD ordinance, or as otherwise provided for within the land development code, shall be allowed the use of illuminated signs, subject to the approval of the community services administrator or his designee. G. Signs located upon, within, or otherwise encroaching upon county or publicrights- of-way , except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted signs. J. Neon type signs, except non-exposed neon signs covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof signs. L. Portable signs. M. Signs which resemble any official sign or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic sign or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. - htto://librarv1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 5.U6.UU SIGNS rage i7 01 Z.i State law references: Display of unauthorized traffic signs, signals or markings, F.S. § 316 077. N. Signs, commonly referred to as snipe signs, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. 0. Wind signs (except where permitted as part of this section of this Code). P. Any sign which is located adjacent to a county right-of-way within the unincorporated areas of the county which sign was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.06. Such signs shall include but are not limited to structural signs, freestanding signs, [and] signs attached or affixed to structures or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any sign which emits audible sound, vapor, smoke, or gaseous matter. T. Any sign which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government sign, signal, or device. U. Any sign which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature signs). V. Any sign which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any sign which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. Signs mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said sign is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted sign does not exceed two square feet. This section shall not apply to magnetic type signs affixed to or signs painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with signs painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such signs is offered. Y. Any sign which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any sign which advertises or publicizes an activity not conducted on the premises upon which the sign is maintained, except as otherwise provided for within this Code. AA. No sign shall be placed or permitted as aprincipal use on any property, in any - zoning district except as follows: U-Plc signs, political signs or signs approved by httn://librarv1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 J.Ub.UU 61CuN6 rage zu oz Li temporary permit pursuant to the time limitations set forth herein. BB. Inflatable signs. CC. Accent lighting as defined in this Code. DD. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. signs that comply with the provisions of section 5.06.05 (V) of this Code are exempt from this section. EE. Human directional signs. People in costumes advertising stores or products. FF. Attachments to signs, such as balloons and streamers. GG. Banner signs. HH. Pennants. II. Bench signs. JJ. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. KK. All signs expressly prohibited by this section and their supporting structures, shall be removed within 30 days of notification that the sign is prohibited by the County Manager or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 D. or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as nonconforming signs and removed pursuant to section 9.03.03 D. (Ord. No. 04-72, § 3.U) 5.06.07 Enforcement A. General. No sign shall hereafter be erected, placed, altered or moved unless in conformity with this Code. All signs located within Collier County shall comply with the following requirements: 1. The issuance of a sign permit pursuant to the requirements of this Code shall not permit the construction or maintenance of a sign or structure in violation of an existing county, state or federal law or regulation. 2. All signs for which a permit is required shall be subject to inspections by the County Manager or his designee. The County Manager or his designee is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Code are being adhered to. Such entrance shall be made during business hours, unless an emergency exists. The County Manager or his designee may order the removal of any sign that is not in compliance with the provisions of this Code, is improperly maintained,or which would constitute a hazard to the public health, safety, and welfare. 3. The County Manager or his designee shall be charged with interpretation and enforcement of this Code. B. Enforcement procedures. Whenever, by the provisions of this Code, the performance of an act is required or the performance of an act is prohibited, a failure to comply with such provisions shall constitute a violation of this Code. 1. The owner, tenant, and/or occupant of any land or structure, or part thereof, and an architect, builder, contractor agent, or other person who knowingly participates in, assists, directs,,createsorrnaintains any situation that is contrary.to the requirements of__ http://library1.municode.com/newords/DocView/13992/1/36/42 10/17/2007 1988289 OR: 2112 PG: 2163 RICORDID in OflICIAL UCORDS of COLLIII COIITT, PL ' J ' 10/25/95 at 04:22PN DIIGIT I. IROCI, CLIRI COOS 7500000.00 THIS INSTRUMENT PREPARED BY RIC ?II 46.50 AND RECORD AND RETURN TO: DOC-.70 52500.00 COPUS 10.00 Fred T. Isaf, Esquire Retn: RISC 1.00 ROBERTS, ISAF & SUMMERS Iola SCHOIIICI It IL 500 Northpark Town Center 1167 THIRD ST S 1101 1100 Abernathy Road, N.E. RAPLIS PL 33940 7098 Suite 1100 Atlanta, Georgia 30328 WARRANTY DEED Parcel ID Number: 00240440006 0 THIS INDENTURE, i i i r 20th day of •1 1995, between Ridge Port Plaza Partners, Ltd., a Florida mt partnership, whose . - is c/o Raymond James & Associates, 880 Carillon P r y - 'e • . : loridaa1 37 6 ("Grantor"), and Ridgeport Limited Partnership, a I. • 'pi -• r • - .'• i • \. .d ss is 17 West Pennsylvania Avenue, Towson, Maryla " !, WITNESSETH, : • in ;Lit 4on of the sum of Ten Dollars ($10.00) and other good : luable considerati• ' �. ,;3i , the receipt and sufficiency whereof is hereby acknow -' :-', has granted, b •,' . aliened, remised, released, conveyed and confirmed, a r presents doth g sin, sell, alien, remise, release, convey and confirm unto the sal. - F:� 1- and its - 00:• • assigns forever, all that certain land lying and being in the County : � r orida, more particularly described in Exhibit 'A" attached hereto and incorpo -, in by reference thereto. The land is conveyed subject to those encumbrances and exceptions described on Exhibit "B" attached hereto and incorporated herein by reference thereto. THIS PROPERTY IS NOT THE HOMESTEAD OF GRANTOR. TO HAVE AND TO HOLD the same in fee simple forever. And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. [SIGNATURES COMMENCE ON FOLLOWING PAGE] i ! • • • OR: 2112 PG: 2164 IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year first above written. "GRANTOR" Ridge Port Plaza Partners, Ltd., a Florida limited partnership By: R1 Equities, Inc., a Florida corporation, general partner ..-D.L.....v._. — y•q.iti -t1( L. i3 ce• Witness Name: P ; f' r. . i , .i v . Teresa L. Barnes Vice President Witness ame: i 1 w Va COL/_ [Corporate Seal] STATE OF FLORIDA ---,i`\ COUNTY OF ' I • Ce n iiriLT U 1, I F""( The foregoing ins •,,, nt was ac ow =• .' be-,re Le,• "day of October, 1995, by Teresa L. Barnes in capacity as Vice •:, si. nt fad ' Equities, Inc., a Florida corporation, a general . i i i s • dge Port Plaza 4, , i , a Florida ' ted partnership, on behalf of said corporatio . ', ited partnership. . . T ither [ nally known to me or [ ) has produced ->, _ A as identification. Notary Public .r the -,. of . ' �Y _ Printed Name: _ ,• t` aac7 ea- My Comm lion Expire }� FEE., I �,Nvta.. :3«. S:ate o'FbnJ4 m ,, ,,, Ah •n: .t:-.o nay 19 !l Vo C�s� 49 [Notary Seal] [SIGNATURES CONTINUED ON NEXT PAGE] - 2 - „---, D:1RJMO 61WD OR: 2112 PG: 2165 By: CMC Investment Company, a Colorado general partnership, general partner • (tO. blii,, ,. B ..�! _ y — Witness N : - . AJg Al' G R. Gary auley, its e / gene • partner k,6-& /C &2c.�c -?( fitness Name: 7u I' c rk . &c r,, is r/ 1 STATE O ) COUNTY OF,._ Vji COLT ii-4,..fi The foregoing ins ,. a .. - acknowledged befo me ,• y of October, 1995, by R. Gary McCauley in .•• ca!, .4 :1, '. !ene p of MC Investment Company, a Colorado general partne ,p, . ge + •-•• , r o 7 ,ge Po ' ► • Partners, Ltd., a Florida 1' ted partnership, on be, • f , -,%4•,.. ... . ,:',. ' . partnership. She is either [impersonally known to me !! !�, '�� as identification. l• IL 1—q 0. 710#4 4 a •r the State of _ $. •it....•I / s , CI ► ommission Exp' —: - 0., eETihE . DARNELL i. Moan Pcehc state of Te.» M� m.w Comon E.v� I.05-94 - 3 - COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CES20080005303 Board of County Commissioners, Collier County, Florida vs. RIDGEPORT LIMITED PARTNERSHIP Violation of Section(s) 5.06.06[O],5.06.06[N] and 5.06.06[L] , 04-41, The Land Development Code, as amended . Kitchell T. SNOW,Code Enforcement Official Department Case NO. CES20080005303 DESCRIPTION OF VIOLATION: Displaying prohibited wind signs and snipe signs. RECOMNIENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case in the amount of $ within 30 days of the date of this hearing and abate all violations by: 1. Remove prohibited wind and snipe signs within 7 days of the date of this hearing or a fine of$150.00 a day will be imposed until all such signs have been removed from said property 2. Cease displaying any sign that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Pry of Naples, LLC, Respondent(s) CEB CASE NO. CES20080002782 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-13 Deed 14-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20080002782 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PRY OF NAPLES LLC, HESS MART, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Signs erected or changed without proper permits. ^ LOCATION OF VIOLATION:2055 Pine Ridge RD Naples, FL SERVED: PRY OF NAPLES LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774.8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CES20080002782 PRY OF NAPLES LLC. HESS MART,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,sections 10.02.06[B][2][a], 10.02.06[B][2][d][ix],and 2004-58,The Property Maintenance Code,as amended,sections 16[2][i]and 16[2][j]. 2. Description of Violation: Signs erected or changed without proper permits. 3. Location/address where violation exists: 2055 Pine Ridge Road, Naples 34103, (folio 00255087425). 4. Name and address of owner/person in charge of violation location: Pry of Naples LLC, C/O Goodlette, Coleman & Johnson, P.A., 4001 Tamiami Trail North, Suite 300, Naples, Fl 34103, Registered Agent,(Property Owner) Hess Mart, Inc, CT Corporation System, 1200 S. Pine Island Road,Plantation,Fl 33324,Registered Agent,(Business Owner). 5. Date violation first observed: February 28th,2008 6. Date owner/person in charge given Notice of Violation:February 29th,2008. 7. Date on/by which violation to be corrected:March 29th,2008. 8. Date of re-inspection: May 7th,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 'al -d as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fo a public h;; g. d? . Dated this Z7 Day of /JIG/\/ 2008 4A.4/1/016„k 'itchell T Sno v Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER r � Sworn to(or affirm d)and subscribed before this 2// day of ' 2008 by 16 4/Li-C l 74 U w (Sly e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced --T'T PUBLIC-STATE OF FLORIDA Yousi Cardeso 1_Commission#DD723966 Expires: OCT.10,2011 REV 3-3-05 LG;;DSI)THRU ATLANTIC BONDING CO.,INC. 2 Case Number:CES20080002782 Date: Feb/28/2008 Investigator.kitchellsnow Phone: COLLIER COUNTY CODE ENFORCEMEN- NOTICE OF VIOLATION Owner: PRY OF NAPLES LLC GOODLETTE, COLEMAN &JOHNSON, P.A. AS REGISTERED AGENT 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES FL 34103 4• o b -a� � . STEM AS REGISTERED AGENT 1200 S. PINE ISLAND ROAD PLANTATION FL 33324 Location: 2055 Pine Ridge RD Naples, FL Unincorporated Collier County Zoning Dist: C-5 Sec 11 Twp 49 Rng 25 Legal:Subdivision Block Lot Folio 255087425 OR Book 4014 Page 4041 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB)Ordinance No.07-44,you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s) exists at the above- described location. Ordinance/Code: Prohibited Signs. Collier County Land Development Code 04-41 as amended, Section 5.06.06 10.02.06(B)(2)(a), 10.02.06[B][2][d][ix]. 2004-58 ,The Property Maintenance Code, as amended, 16[2][i] and 16[2]0]. It shall be unlawful to erect,cause to be erected, maintain or cause to be maintained,any sign not expressly authorized by,or exempted from this Code.The following signs are expressly prohibited: F. Illuminated signs in any zoning district except residential identification signs,residential nameplates,and street signs that are illuminated by soft or muted light. An illuminated sign is on which either. (a) provides artificial light through exposed bulbs,lamps,or luminous tubes on the sign surface; (b)emits light through transparent or translucent material from a source within the sign;or(c)reflects light from a source intentionally directed upon it.: 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.: Should a wall sign be removed , the wall surface must be painted in a workman like faashion to remove any shadowing created by the sign removal. Every owner of a building structure or lot that is vacant or occupied, shall be responsible for the removing of any unauthorized obsolete. non-complying or deteriorated signs , posters and grafitti from the building's exterior. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 1-Hess pole sign copy reads mountain top coffee shops with cangeable copy and Hess Logo and 1- wall sign copy reads mountain top coffee shop both signs installed without permits. 1 Illuminated/Neon sign copy reads ATM.Such neon/illuminated signs are prohibited.The signs are contrary to the Land Development Code and must be brought into compliance with current code. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Obtain permits for the pole and wall sign.After the Fact permit Fees are to apply. All inspections through (CO) certificate of completion must be accomplished within 60 days of after the fact permit issuance.2. Remove any neon/illuminated signs from the front windows. Such signs may not be seen from the road. _�i ON OR BEFORE: 03/29/2008 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 n _ prosecution. OR 2)Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, an.'cogs of prosecution. RVEi : INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 vesti2 ator Signature (239)252-2440-Fax:(239)252-2343 2 . Z b - Signature and Title of Recipient Printed Name of Recipient Dated: 1L AFFIDAVIT OF SERVICE `�� Respondent(s): PRY OF NAPLES LLC Code Case CES20080002782 GOODLETTE COLEMAN AND JOHNSON,PA AS REGISTERED AGENT 4001 TAMIAMI TRAIL N SUITE 300 NAPLES FL 34103 THE DESCRIPTION OF THE DOCUMENT(S) SERVED IS/ARE: (Check the applicable document(s) Notice of Violation ❑Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑ Citation ❑Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I KITCHELL T. SNOW , hereby swear and affirm that I have personally served the above described (Code Enforcement Official) document(s)to KAREN (EMPLOYEE) ,for the above respondent(s)at 4001 TAMIMAI TRAIL SUITE 300 2/29/08 201PM (Address) (Date) ime) Signature STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 29TH day of February 2008 ,by Kitchell T. Snow (N•. e o person g statement) A -I, ( gnature Notary Public) NOTARY PUBLIC-STATE OF FLORIDA (Print,type or stamp Shirley M. Garcia Commissioned name of Notary Public) Commission#DD501305 ,,.,'Expires: DEC.21,2009 BONDED THRO Ai LANfIC BONDING CO.,INC. Personally Known Produced Identification Type of Identification Produced Affidavit of Service Original to File Copy of Posted Notice and Pictures Attached Rev 6/27/07 U.S. Postal Service, CERTIFIED MAILTr, RECEIPT • r9 (Domestic Mail-Only;Na In Coverage Provided) m - 0 For delivery information visitourwebsiteatwww.usps.com- " 1-11 OFFICIAL US CI Postage I$ c0 0 . r� ess�Ial.1 Ins 1le9ute>e�%Igertt mark C or-atioTl. �Qa late(End DO Res �yAst�Fine i 35324 (Endc MI t rota 20080002782 ra Sent Tc r- 0 Street,Apt.No.: 0 or PO Box No. City,State,ZIP+4 - Pa Form.3800..August 2t1H6 See Reverse for Instruction • ' r San os.10 3 1 17110j'S53HOoV NHn13Y:3H1d0 . _ 1HUM3H/013d013ANa AO d011V H3x3LLS 30V1d, SENDER: COMPLETE THIS SECTION ° COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. . • Print your name and address on the reverse a,? a 0 Agent r.........„, so that we can return the card to you. s_by 0 o Deliver ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name or on the front if space permits. ) C. Date o .eiiver 1. Article Addressed to: D. is delivery address different from item 1? Dyes 4lesd Addressed Inc — — If YES,enter delivery address below: DO No C?"Cogooratiors Registered 4cent" IL 1200 S. Pine IsiandNaad^ L________.____._._.________ 2008•9002,782 ! S Ill....•___... 3. ice Type __ ed Mail CI Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article.Number ❑Yes (Transfer from service _ 7007 1490 0001 0804 5031 PS Form 3811,February 2004 Domestic Return Receipt 1 o 02-M-1540 r 10.02.00 APPLICATION KhQUL IVItiv 1 - TABLE_INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 18 months—First Phase 30 months 2 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months—Third Phase 18 months—First Phase 30 months—Second Phase 54 months 4 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the http://libraryl.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 10.UL.UU YIA.L.� ivly approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. GeneraL Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: �—. i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 B v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.], Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict the system on signed and sealed drawings which shall accompany the permit application. viii. If the sign or sign copy is to be illuminated or electronically operated, the technical means by which this is to be accomplished. ix. The permit number shall be displayed or affixed at the bottom of the sign face and shall have the same life expectancy as the sign. Such permit number shall be clearly legible to a person standing five feet in front of the base of the sign and in no case shall the permit number be less than one-half inch in size. e. Expiration of permit. Building permits shall expire and become null and void if the work authorized by such permit is not commenced and inspected within six months from the date of issuance of the permit. f. Adherence to the Unified Sign Plan: Requests for building permits for permanent on-premise signs shall adhere to the Unified Sign Plan, which shall be kept on file in the community development and environmental services division. Requests to permit a new sign, or to relocate, replace or structurally alter an existing sign shall be accompanied by a Unified Sign Plan for the building or project the sign is accessory to. Existing permitted signs may remain in place; however, all future requests for permits, whether for a new sign, or relocation, alteration, or replacement of an existing sign, shall adhere to the Unified Sign Plan for the property. C. Vegetation Removal permit requirements. q • ri 1348BT8� 4./ ' • ( iIt -1 ' ORDINANCE NO.200458 ‘c* I • ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA rcizo ov OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR GENERAL• PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS •BUILDINGS BY THE COUNTY;PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR - PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES,VACANT BUILDINGS,VACANT STRUCTURES, • AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING o FOR NUISANCES; PROVIDING STANDARDS FOR SECURING rr-r BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING r:: • REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY ==i r=t THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING ro �'-- FOR A NOTICE OF HEARING FOR REVOCATION OF F °D rn BOARDING RENEWAL CERTIFICATE; REPEALING .,,T m COLLIER COUNTY ORDINANCES 76-70, 89-06, 96-76 AND 99- o�� ry 58;PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL F25.74. CONSTRUCTION; PROVIDING FOR INCLUSION IN THE ?..i — CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;AND EFFECTIVE DATE. WHEREAS,Collier County Board of County Commissioners seeks to protect the health,safety and welfare of the citizens of Collier County;and WHEREAS,within the jurisdiction of Collier County,Florida,there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance,obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities,and which by reason of the lack of maintenance,inadequate ventilation,inadequate light and sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health,safety,and general welfare of the community;and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighborhood neglect,and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards.resulting in the upgrading of living conditions and an overall enhancement of the general health,safety,and welfare of all residents and property owners of the community;and WHEREAS, there exists conditions within the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions,including but not limited to,structural deterioration,lack of • 1K 2. If the owner believes that the expense certified by the Housing Official for correcting the hazardous condition is excessive,he may appeal the amount assessed by filing a written notice of appeal with the County Manager,with a copy to the Housing Official,within ten(10)working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter,the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens,above described,and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS if a dangerous or hazardous building exists,to the extent that it causes danger of imminent peril to life and health,the Code Enforcement Board or Special Master may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this Ordinance,and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE,VACANT BUILDINGS,VACANT STRUCTURES,AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures,vacant buildings,vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight,weather-tight,insect-proof,and in good repair. b. Every foundation,exterior wall and roof shall be reasonably watertight,weather-tight and rodent-proof,shall adequately support the building at all times,and shall be in a workmanlike state of maintenance and repair. c. Every interior partition,wall,floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be drained and conveyed from every roof,and the lot shall be graded and drained,as not to cause dampness in the walls,ceilings,floors or basement of a structure. e. Every window,exterior door shall be reasonably weather-tight,watertight,and rodent- proof and shall be maintained in sound condition and repair,and secured with proper hardware. f. Every inside and outside stairway,every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon,and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition,free from defect,leaks,and obstruction. h. Every toilet,rectroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water,and such floors shall be kept in a clean and sanitary condition. 17 /. i. Every supplied facility,piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely,and effectively,and shall be maintained in good working condition. j. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment: Substantial evidence of molding or chipping of the exterior surface will be required to be treated,repainted,or both. All siding shall be weather-resistant and watertight. k. No abandoned,unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. 1. Exterior Lighting.All outdoor lighting shall be in compliance with the following: a)non- vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could impair safe traverse are prohibited;b)all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not date an adverse affect on adjacent properties. 4 m. Landscaping maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan,the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages,storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures,attached or unattached to the principal structure,which are found by the building official to be structurally deficient,shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound,clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains,the sign faces are to be replaced with black panels(permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures,awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth,plastic or a similar material shall not show evidence of tearing,ripping or holes. Upon removal of advertising structure or awning,all supporting members shall be removed. Where supporting members have been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets,sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel,it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building,structure or lot,vacant or occupied,shall keep the premises in clean and sanitary condition,including yards,lawn,courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds,grass and other flora. 18 'S • c. Every owner of a building,structure or lot,previously improved or occupied,shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot,except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building,structure or lot shall keep the premises reasonably free from rodents,insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building,structure or lot,vacant or occupied,shall be responsible for removing any unauthorized obsolete,non-complying or any deteriorated signs,posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed,the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. k All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. 1. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including,but not limited to,windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered,cracked,missing or broken,the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas(striped parking spaces)and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer,employee or company vehicles parking,nor shall any item(s)be placed,abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: CERTIFICATE REOUIRED FOR BOARDING BUILDING I. A certificate of boarding is required for all buildings that are boarded.The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect,install,place,or maintain boards over the doors,windows,or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and,within 30 days of application,completing all of the steps necessary for the issuance of a boarding certificate,and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the owner of the property or his authorized representative or contractor,upon 19 /3 3817292 OR: 4014 PG: 4041 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/11/2006 at 08:48AK DWIGHT E. BROCI, CLERK CONS 4525000.00 L, - REC FEE 35.50 Prepared by and return to: QOC-.70 3I675.00 David K.Fowler Rein' Attorney at Law GOODLITTE COLEMAN IT AL HENDERSON,FRANKLIN,STARNES&HOLT,P.A. (Sanibel)wi SAFLA 03 N 1300 1648 Periwinkle Way,Suite B NAPLB& FL 3 34 4103 Sanibel,FL 33957 239-344-1100 File Number: DKF Orange Pine Will Call No.:35 (Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 31st day of March, 2006 between Orange Pine Limited Partnership, a Maryland limited partnership whose post office address is 1427 Clarkview Road, Suite 500, Baltimore,MD 21209, grantor, and PRY of : + C,a Florida limited liability company whose post office address is 999 Vanderbilt B• 1 '+ aples,FL 34108,grantee: (Whenever used herein the terms :' ' and"grantee"inc •er l e parties to this instrument and the heirs, legal representatives, and si • •••'viduals, and the ucc- sors and assigns of corporations, trusts and trustees) - - Witnesseth, that said granto•. fo . i Co• •e,. •t�o •s e TI• of'K'EN AND NO/100 DOLLARS ($10.00) and other good and val .b1- c. sit :ti ;s sai• gr: t i r m hand paid by said grantee, the receipt whereof is hereby ac • , ,:. _ . . bar_• . d • sold to the said grantee, and grantee's heirs and assigns fo the following desc-.•ed and ,ate, lying and being in Collier County,Florida to-wit: See attached Exhibit"A. Uk, T • Parcel Identification Number: .4.-M.),•s". Subject to taxes for 2006 and subsequent years; those matters set forth on Exhibit "B" attached hereto and incorporated herein by reference. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2005. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubieTitneo A OR: 4014 PG: 4042 Signed,sealed and delivered in our presence: Orange Pine Limited Partnership,a Maryland limited partnership IBy:Orangy.Pi ,Inc., as e eral Partner . • L.A.EL By: ' 4 Y Wit , 'ame: lar,,MIPM E.G David M. 'J.7•use Vice Pres •ent (Corporate Seal) W• ness avn Z' �. L/-r State of 14 Ales! N0 cp ,�• County of BA ,-I o The foregoin instrument was ack .w1=:ged before 31st , if u. ch, t:. by �w h.. ir011--fC as V1 CE i�wf of • , ge ., s s► .� ,f't.nge ne Limited Partnership, a Maryland �■ limited partnership on behalf of e „ . atio d ■ e . ip N. ( is personally known to me or [_]has produced •e• i cation. t..y , 1," i-lt," ie.942. [Notary Seal] No V.l• lY: of All - R ECIPI1/4 C Q Print-. .�tye Jui �/L - f, «f NOTARY V - C ' t mmission Expires: IL/—Q? 0, PUBS' g 4'ORE Warranty Deed-Page 2 DoubleTfinee /4- OR: 4014 PG: 4043 EXHIBIT"A" REAL PROPERTY LEGAL DESCRIPTION A parcel of land lying in the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 11, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the South 1/4 corner of said Section 11,; thence N. 00° 23'30" W. 50.00 feet to the Northerly right-of-way line of Pine Ridge Road and the Point of Beginning of the herein described parcel; thence continue N. 00°23'30" W. 365.00 feet; thence S. 89° 35'30" W. 301.02 feet to the Easterly right-of-way line of Yahl Street; thence S. 00° 23'30" E. 202.00 feet along said Easterly right-of-way line of Yahl Street; thence N. 89° 35'30" E. 38.00 feet; thence N. 00° 23'30" W. 18.00 feet; thence N. 89° 35'30" E. 72.00 feet; thence S. 00° 23'30" E. 181.00 feet to the Northerly right-of-way line of Pine Rio • - •..• thence N. 89° 3530" E. 191.02 feet along said Northerly right-of-way line to 'oi '=e And a Starting at the South 1/4 co 'er . Sec` io° 1 owns ,. 49 South, Range 25 East,proceeding N. 00° 23'30" W. for 50.00 fee; t ; - :a"""s. ' TT . 712 'et to the Point of Beginning, then proceeding S. 89° 35'36" sir 1 [0.110 (.=We ri 0°23' 0" W. for 163.00 feet; thence N. 89° 35'30" E. for 38.00 i = • W 1 c* feet; thence N. 89° 35'30" E. for 72.00 feet; thence S. 00° 9 I" E. for 181.00 fee; the Po • Beginning.41R CIV-C • /i/ COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CES20080002782 Board of County Commissioners, Collier County, Florida vs. United Parcel Service, Inc Violation of Ordinance(s) Collier County Code Land Development Code, 04-41, as amended, sections(s) 10.02.06[B][2][a], 10.02.06[B][2][d][ix] and 2004-58, The Property Maintenance Code, as amended, section(s) 16[2][i] and 16[2][j]. Kitchell T. SNOW, Code Enforcement Official Department Case NO. CES20080002782 DESCRIPTION OF VIOLATION: Signs erected or changed without proper 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 After The Fact permits for the unpermitted signs on said property within 30 days of the date of this hearing or a fine of$150.00 a day will be imposed until such time as the permit has been issued. 2. Obtain all inspections through Certificate of Completion (CO) within 60 days of After The Fact permit issuance or a fine of$150.00 a day will be imposed until all such inspections and the final Certificate of Completion (CO) are issued. The permit number is to be affixed to the sign at the time of the(CO). 3. The respondent must notify the Code Enforcement Investigator, within 24 hours ,when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CES20080002782 PRY OF NAPLES , LLC HESS MART, INC Respondent(s), ''S+ TIPULATION/AGREEMENT COMES NOW, the undersignen6 b/1/(.i1 J , on behalf of himself or P.R�IJ�-/UhykAC as representative for Respondent and enters into thi tipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CES20080002782 dated the 315T day of July, 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 July 31m, 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][2][a], 10.02.06[B][2][d][ix}, Of 04-41, The Land Development Code, as amended and sections 16[2][i] and 16[2][j] of 2004-58, The Property Maintenance Code, as amended and are described as signs erected or changed without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $gJ incurred in the prosecution of this case within 30 days of the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of Completion (CO) for any sign(s) that require a permit on the property within 60 days of the date of this hearing or a fine of$100.00 a day will be imposed until such time as the violation is abated or Obtain a demolition permit and remove any unpermitted signs within 60 days of the date of this hearing or a fine of$200.00 a day will be imposed until such time as the violation has been abated. Remove all construction waste to the appropriate site for such disposal. 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 Diane B. Flagg Director Code Enforcement Department K 0 dam_ X108' ci D= - Date REV 2/23/07 (C- - Cl (ii(c8 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CES20080002782 vs. PRY OF NAPLES, LLC. Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 Pry of Na 3les,LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing, in person and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2055 Pine Ridge Road,Naples,FL,Folio 255087425,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(BX2Xa)and I0.02.06(X2)(d)(ix)and 2004-58,The Property Maintenance Code,as amended, Sections 16(2)(i)and I6(2)(j)in the following particulars: Signs erected or changed without proper 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 violat ons of Collier County Ordinance 04-41,the Land Development Code,as amended,, sections 10.02.06(B)(2)(a)and I0.02.06()(2)(d)(ix)and 2004-58,The Property Maintenance Code, as amended, Sections I6(2)(i)and 16(2)(j)be corrected in the following manner: 1. By obtaining valid Collier County building permits with all inspections through Certificate of Completion(CO)for any signs that require a permit on the property within 60 days(September 29,2008). 2. By, in the alternative,obtaining a demolition permit and removing any unpermitted signs and removing all waste to the appropriate site for such disposal within 60 days(September 29,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 29, 2008,then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by September 29, 2008,there will be a fine of$100 per day for each day until the violation is abated. 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$89.42 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 (j day o ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ( ing,Ric Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: • COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ()day of , 2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier Coun ,Florida_,who is personally known to me or ■ who has produced a Florida Driver's License as identification. I ,,,,., KRISTINEHOLTON - i.. MY COMMISSION#DD 686595 ;1 1 VA Lt f& Al i. .;_: - EXPIRES:June 18,2011 NOTARY PUBLIC %Pf..t iv Bonded Thru Nolan/Public Underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Pry of Naples, LLC,Goodlette,Coleman&Johnson,P.A.,R.A.,4001 Tamiami Trail North,Suite 300,Naples,F1 4102 and Hess Mart, Inc.,CT Corporation System,R.A., 1200 S.Pine Island Road,Plantation,FL 33324 this CO day of ,2008. . tai8 of F LG?ftllJl'► 2 ;,ounty of COLLIER M.Jean wson,Esq. Florida ar No.750311 1 HEREBY CERTIFY THAT this Is a true of Attorney for the Code Enforcement Board :orrect coo `a 095r/rent on file In 400 Fifth Avenue S.,Ste.300 Board bytes anci of Collier County Naples,Florida 34102 NITNE S fir. nano anc}6 !cla!��l this (239)263-8206 - ay of `.' ) . 'WIG `, . BROCICI 1,,EIK OF COURTS • gigs/ [DCL BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CES20080002782 PRY OF NAPLES , LLC HESS MART, INC Respondent(s), ff+STIPULATION/AGREEMENT COMES NOW, the undersigned,7C .I ml(JLtd , on behalf of himself or 1KY -/1/iyI1ila as representative for Respondent and enters into thii Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CES20080002782 dated the 31ST day of July, 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 July 31St, 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][2][a], 10.02.06[B][2][d][ix}, Of 04-41, The Land Development Code, as amended and sections 16[2][i] and 16[2][j] of 2004-58, The Property Maintenance Code, as amended and are described as signs erected or changed without proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; z 1) Pay operational costs in the amount of $gJ incurred in the prosecution of this case within 30 days of the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of • Completion (CO) for any sign(s) that require a permit on the property within 60 days of the date of this hearing or a fine of$100.00 a day will be imposed until such time as the violation is abated or Obtain a demolition permi, and remove any unpermitted signs within 60 days of the date of this hearing or a fine of !!.! : a day will be imposed until such time as the violation has been abated. Remove all construction waste to the appropriate site for such disposal. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. $81Aa espondent Diane B. Flagg Director Code Enforcement Department ?C__ZZ.jsy —7 / /10 Date REV 2/23/07 3817292 011: 4014 PG: 4041 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, IL 04/11/2006 at 08:4SAH DWIGHT I. BROCI, CLE11 COWS 4525000.00 RIC FEE 35.50 Prepared by and return to: DOC TO 31675.00 David K.Fowler RetII: Attorney at Law GOODLETTE COLEMAN IT AL HENDERSON,FRANKLIN,STARNES&HOLT,P.A. (Sanibel)400I TAWIA T3 W X300 1648 Periwinkle Way,Suite B NAPLES IL 3 34103 Sanibel,FL 33957 239-344-1100 File Number: DKF Orange Pine Will Call No.:35 (Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 31st day of March, 2006 between Orange Pine Limited Partnership, a Maryland limited partnership whose post office address is 1427 Clarkview Road, Suite 500, Baltimore,MD 21209, grantor, and PRY of : C,a Florida limited liability company whose post office address is 999 Vanderbilt B �, :` aples,FL 34108,grantee: ti (Whenever used herein the terms "a:* and"grantee"inc h•Otal e parties to this instrument and the heirs, legal representatives, and . si • ••••viduals, and the ucc= sors and assigns of corporations, trusts and trustees) - - Witnesseth, that said granto fo • ': i. ' o• se, .1 o -Ti of n AND NO/100 DOLLARS ($10.00) and other good and v. bl- c• si,$:ti,, ;. sai•1 a : its r in hand paid by said grantee, the receipt whereof is hereby a • :', .,. _;; b. -... • • sold to the said grantee, and grantee's heirs and assigns fo i the following desc • d n• • ate, lying and being in Collier County,Florida to-wit: '� � See attached Exhibit"A. 0.4, • Parcel Identification Number: 1 I?1 Subject to taxes for 2006 and subsequent years; those matters set forth on Exhibit "B"attached hereto and incorporated herein by reference. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2005. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime. 1, OR: 4014 PG: 4042 • Signed,sealed and delivered in our presence: Orange Pine Limited Partnership,a Maryland limited partnership // . r, a al Partner By: h. Wit 4177 ame: k , 'TRWir- David M. 7.use Vice Pres •ent le _ (Corporate Seal) W' ness a��f me' Z- Z. e ,r OyA R CotA?, State of ktMyIAN) G �, County of 13A //"!O? _ The VI goi g nstrument was ac w1 ed before 31st .: .f ■). ch, 1•• by l4'vl/) f'J..fif'du t-C as Ge p / �j' of I : ge ,,.117`1. ' r •? i , •f j 7, nge %ne Limited Partnership, a Maryland limited partnership on behalf of e • . atio` . • . p •f [ is personally known to me or [i has (. [Notary Seal] — �'" ''4 - �� No7�1•l' L.: 1 fR 0 Prin ` .,t • c..5122,41-0-9/1/&*. Z,&z'f Y 1� NptAR T C -1•y .i. -ssion Expires: /Z-1-Q j d PuBt- AV '` E ' Warranty Deed-Page 2 DoubleTlmee OR: 4014 PG: 4043 EXHIBIT"A" REAL PROPERTY LEGAL DESCRIPTION A parcel of land lying in the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 11, Township 49 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the South 1/4 corner of said Section 11,; thence N. 00° 23'30" W. 50.00 feet to the Northerly right-of-way line of Pine Ridge Road and the Point of Beginning of the herein described parcel; thence continue N. 00°23'30" W. 365.00 feet; thence S. 89 °35'30" W. 301.02 feet to the Easterly right-of-way line of Yahl Street; thence S. 00° 23'30" E. 202.00 feet along said Easterly right-of-way line of Yahl Street; thence N. 89° 35'30" E. 38.00 feet; thence N. 00° 23'30" W. 18.00 feet; thence N. 89° 3530" E. 72.00 feet; thence S. 00° 23'30" E. 181.00 feet to the Northerly right-of-way line of Pine Ri. • - ' •., thence N. 89° 35'30" E. 191.02 feet along said Northerly right-of-way line to •. ,' And C) Starting at the South 1/4 co •er • Se to • 49 S•uth, Range 25 East,proceeding N. 00° 23'30" W. for 50.00 fee ; y :loth , . 7 ,2 •-et to the Point of Beginning, then proceeding S. 89° 35'3 " ,r 1 0. ► ' 23' 0" W. for 163.00 feet; thence N. 89° 35'30" E. for 38.00 I_ . '• _1 X60 feet; thence N. 89° 35'30" E. for 72.00 feet; thence S. 00° ' I"E. for 181.00 fe : Po s • Beginning. Pp IE CIR CI e(11(Oe CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007050653 vs. NAPLES PROPERTY SERVICES, LLC 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 Naples Property Services,LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and requested that the matter be continued for 120 days. The Motian for Continuance was DENIED. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 865 95th Avenue N.,Naples,Florida, Folio No.62769000304,more particularly described as Lots 14 and 47,Block 60,NAPLES PARK UNIT NO. 5,according to the plat in Plat Book 3,Pages 14,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(BX1Xa)and 10.02.06(BX1)(c)in the following particulars: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violat ons of Collier County Ordinance 04-41,the Land Development Code,as ariended,sections 10.02.06(B)(I)(a)and 10.02.06(B)(1)(c)be corrected in the following manner: 1. By applying for all Collier County Permits with 90 days(April 23,2008)and pursing same with due diligence. 2. Once the Fermits are obtained,by completing all work through related inspections and issuance of Certificate of Completion or Occupancy within 120 days. 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$200 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 120 days of the issuance of the permits,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 are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. 4,t_ DONE AND ORDERED this 30th day of January,2008 at Collier County, Florida,and re-signed this LQ day of ,2008,nunc pro tunc. CODE ENFORCEMENT BOARD COLLI COUNTY, FLORIDA BY: t��" Richard Krim g,Vice-Chair 2800 North Ho eshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this L day of 2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier Co ,Florida,who is personally known to me or ✓who has s produced a Florida Driver's License as identification. MY COMMISSION#DD 68ti5 NOTARY PUBLIC a...- .*` EXPIRES:June 18,2011 i My commission expires: 1 �'Rf r sanded t'ru Notary Pubic Underwriters �� °`""�°°'■ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Charles Siragusa,865 95th Avenue N. Na les,FL.,and to P.O.A-3611,Chicago,Ill. 60690 and to 2727 North Mildred, Chicago, Illinois 60614 this[I day of ,2008. Ott of r �(?FttUA ;ounty of COLLIER / M.Je:.T'wson,Esq. Florida Bar No.750311 I HEREBY CERTIFI» AT _8" •6110 Attorney for the Code Enforcement Board ;orrect copy of a Q iCumeflt gn -.� 400 Fifth Avenue S.,Ste.300 !card Minutes and} eca'as of llteLcOU Naples,Florida 34102 ,VlrrVESS my ha,:e 2 is a� Clad ^ S (239)263-8206 WI t E. BROCK, ouRT$ •• �� 9,c. LAC(cI2c/ S1' ( (o6 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-68 vs. WILLIE L.AND MARJORIE DAVIS, Respondents ORDER IMPOSING FINE/LIEN AND AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on July 31,2008,on the Respondents'Motion to Reduce/Abate Fines. The Respondent appeared in person. The Board having considered the folic wing(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 amount of the 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 rr itigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Abate Fine. THIS CAUSE came on for public hearing before the Board on August 23,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its F ndings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on August 27,2007 and furnished to Respondent.and was recorded in the Public Records of Collier County,Florida at OR 4276,PG 3182, et. seq.on August 30,2007. The Respondents complied on July 30,2008,and the required corrective action has been taken as ordered. Accordingly,it laving been brought to the Board's attention that Respondents have complied with the Order dated August 27,2007,it is hereby ORDERED,that the Respondents, Willie L.and Marjorie Davis,pay no fines to Collier Co.rnty. The operational costs have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this tJ/ day of C:11.6*,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: NA) Richard Kneen ,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this VI—day of ,2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who i _personally known to me or ✓Nho has produced a Florida Driver's Licepse as identificatio i. KRISTINE HOLTON NOTARY PUBLIC MY COMMISSION#DD 686595 My commission expires: grJe:, Bonded lieu Notary Put Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Willie L. and Marjorie Davis,4911 22nd Avenue S.W.,Naples,FL 34116 this (1 day o ,2008. /Z , 4 _ M407 Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement 3oard 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 re at r LOKIL)H ;ounty of COLLIER HEREBY CERTIFY THAT this I 8 r an* rrect copy of a aocument alb oard Minutes and Recor!.,of.Coltl CO Athrtcss my nana anf3 1 th S day of WIG E. BROOK, CLERK OF cOU1T' goo COUNTY EXHIBIT A n TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. • M&M Developers, LLC, Respondent(s) CEB CASE NO. CESD20080002249 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-10 Deed 11-13 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080002249 COLLIER COUNTY, FLORIDA, Plaintiff, vs. M & M DEVELOPERS LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Construction/remodeling done to first and second floors without proper permits. LOCATION OF VIOLATION:4627 Arnold AVE Unit:2 Naples, FL SERVED: M & M DEVELOPERS LLC, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON MATH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CESD20080002249 M&M DEVELOPERS LLC(Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41,Collier County Land Development Code,as amended, Sec(s) 10.02.06[B][1][a], 10.02.06.[B][1][i] and 10.02.06[B][1][e]. 2. Description of Violation: Construction/remodeling done to first and second floors without proper permits. 3. Location/address where violation exists:4627 Arnold Ave,Naples Fl(folio 00279800002) 4. Name and address of owner/person in charge of violation location: M&M Developers, LLC, Michael A Baviello Jr, , 1025 Fifth Avenue North,Naples Fl 34104,As Registered Agent,Mark J Austin,4651 Arnold Ave,Naples Fl 34104(MGRM)(Property Owner), 5. Date violation first observed: February 15th,2008. 6. Date owner/person in charge given Notice of Violation: February 15th,2008. 7. Date on/by which violation to be corrected:March 16th,200. 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 7? Day of alay.5-2008 MA A-- Kitchel Snow Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirme and subscribed before this U'7 day of K14 14y, 2008 by Kitchell T. Snow L v S ; CQ.rc1e5a (Si: e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ✓ or produced identification Type of identification produced NOTARY PUBLIC-STATE OF FL^".` Yousi Cardeso `Commission#DD723966 •'Expires: OCT.10,2". BONDED THRU ATLAN I L:Loi∎DING REV 3-3-05 Case Number.CESD20080002249 Date: Feb/15/2008 Investigator: kitchellsnow Phone:239 252 2493 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: M & M DEVELOPERS LLC 4651 ARNOLD AVE NAPLES, FL 341043341 AS REGISTERED AGENT MICHAEL A BAVIELLO JR 1025 FIFTH AVE NORTH NAPLES FL 34104 Location:4627 Arnold AVE Naples, FL Unincorporated Collier County Zoning Dist I Sec 36 Twp 49 Rng 25 Legal:Subdivision Block Lot Folio 00279800002 OR Book 4223 Page 2770 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB) Ordinance No.07-44,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above- described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(i) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit.Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) 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: 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... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTIQLJTING THE VIOLATION(S). Did Witness: 2115/08 Construction wit proper building permits.this is contrary to the land development code and must be brought into compliance with current code. 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 and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements.ATF fees of 4 x the amount of the normal permit fee are to apply.All inspections through certificate of occupancy must be completed within 60 days of after the fact permit issuance. AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 03/16/2008 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. SERV r ell t. snow INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT \ �._ 2800 No. Horseshoe Dr. Naples, FL 34104 Ind'''"=''or Signature (239)252-2440-Fax:(239)252-2343 Signature and Title of Recipient Printed Name of Recipient Dated: ll AFFIDAVIT OF SERVICE Respondent(s): M& m DEVELOPMENTS Code Case CESD20080002249 LLC MICHAEL A BAVIELLO JR. AS REGISTERED AGENT 800 SEAGATE DRIVE NAPLES FL 34103 THE DESCRIPTION OF THE DOCUMENT(S)SERVED 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_ KITCHELL T. SNOW , hereby swear and affirm that I have personally served the above described (Code Enforcement Official) document(s)to EMPLOYEE/OFFICE ,for the above respondent(s)at 800 SEAGATE DRIVE,NAPLES FL 34104 2/15/08 on 162• (Address) (Date) ime) ' ' nature _ STATE OF FLORIDA_, ._. COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 19TH day of February,2008 ,by Kitchell T Snow, / �� .... �:�rson . ;'.g : .tem-1 �- .ature of Notary Public) (Print,type or stamp NOTARY PUBLIC-STATE OF FLORIDA nd C. Wolfe a Commissioned name of Notary Public) '` Ia Commission#DD739150 "" DEC.07,2011 Personally Known B ED Alltai TC BONDING CO.,INC. Produced Identification n Type of Identification Produced Affidavit of Service Original to File Copy of Posted Notice and Pictures Attached Rev 10/16/07 A' AFFIDAVIT OF SERVICE &M DEVELOPMENTS Code Case CET x20080002249 M ,�0080002249 LLC 4651 ARNOLD AVE CEB # NAPLES FL 34104 Special Magistrate Case THE DESCRIPTION OF THE DOCUMENT(S)SERVED 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 KITCHELL T. SNOW ,hereby swear and affirm that I have personally served the above described (Code Enforcement Official) document(s)to OFFICE/EMPLOYEE ,for the above respondent(s at 4651 ARNOLD AVE,NAPLES FL 34104 on 2/15/08 Alt I0 . (Address) (Date) ( i- Signature STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before pe this 19TH day of February,2008 by C-14 �.e . •erso. •�. .g tatement ( ignature o'Notary Public) (Print,type or stamp Commissioned name of Notary Public) Personally Known 26 Produced Identification Type of Identification Produced • NOTARY '^'IT-STATE OF FLORIDA ,. S11irley M. Garcia ExorreSSioDEC.21, 009 C.21,2009 Bo\i. 'rill: r.rLAKT1C9ONDINGCO,INC. Affidavit of Service Original to File Copy of Posted Notice and Pictures Attached Rev 6/27/07 10.02.00 APPLICATION REQUIREMENTS TABLE INSET: Project Implementation Timeline #of Phases Phase Timelines 18 months 1 18 months 18 months—First Phase 30 months 2 30 months—Second Phase 18 months—First Phase 42 months 3 30 months—Second Phase 42 months—Third Phase 18 months—First Phase 30 months—Second Phase 54 months 4 42 months—Third Phase 54 months--Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, § 3.BB) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the h,s„•/fi1-irarv1 r„unicode.com/mcc/DocView/13992/1/66/68 6/26/2007 10.02.00 APPLICATION REQU1KbM1N 1 approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. 2. Building Permit applications for signs. a. General. Any person wishing to erect, place, rebuild, reconstruct, relocate, alter , or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Code and all other applicable provisions of Collier County's ordinances and regulations have been met. b. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by resolution. c. Form. Every application for a building permit shall be in writing upon forms to be furnished by the County Manager or his designee, or his designee. d. Application contents. In order to obtain a permit to erect, place, rebuild, reconstruct, relocate, alter or change the sign copy of any sign under the provision of this Code, an applicant shall submit to the building official a building permit application which shall set forth in writing a complete description of the proposed sign including: i. The name, address and telephone number of the: (a) owner and lessee of the sign and (b) sign contractor or erector of the sign. ii. The legal description and the street address of the property upon which the sign is to be erected. iii. The dimensions of the sign including height. iv. The copy to be placed on the face of the sign. v. Other information required in the permit application forms provided by the County Manager or his designee, or his designee; including two copies of the site plan, elevation drawings of the proposed sign and identification of the type, height, area and location of all existing pole signs, ground signs and directory signs on the subject parcel. vi. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida registered architect, of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting signs; and any ground sign over 32 square feet. vii. Wall signs, or any separate part thereof, which is to be affixed to a wall shall be fastened flush with the surface with fasteners which shall have the capacity to carry the full load of the sign or separate part thereof under wind load conditions of the approved Collier County Building Code Ordinance [Code § 22-106 et seq.],Flood Ordinance [Code ch. 62. art. II], and the Coastal Building Zone Ordinance [Code ch. 22, art. VIII]. Any such sign or separate part thereof which is not mounted flush with the surface and which weighs more than 20 pounds shall have a Florida registered engineer design the mounting or fastening system and depict http://libraryl.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 10.02.00 APPLICATION REQUIREMEN'1 S growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. k 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 a 10.02.00 APPLICATION REQUIREMENTS 1 b" 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. ,�. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any http://library1.municode.com/mcc/DocView/13992/1/66/68 6/26/2007 Y 1 420 4012983 OR: 4223 PG: 2770 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/03/2007 at 01:57P1 DWIGHT B. BROCK, CLERK CONS 1700000.00 NEC FIE 27.00 Prepared by and return to: DOC-.70 11900.00 Faye L Scott,Paralegal Retn: Michael A.Baviello,Jr.,P.A. MICHAEL A BAVIELLO JR 1025 5th Avenue North 1025 FIFTH AVE N Naples,FL 34102 NAPLES FL 34102 239-434-6644 File Number: 07R-112 [Space Above This Line For Recording Datal Warranty Deed This Warranty Deed made this 2nd day of May, 2007 between KMG HOLDINGS, LLC, a Delaware limited liability company, whose post office address is 868 4th Street S,Naples, FL 34102, grantor, and M & M Developers, LLC,a Florida limited liability company whose post office address is 4651 Arnold Ave.,Naples,FL 34104,grantee: (Whenever used herein the terms"grantor"and"grantee"include all ..... •• instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and true-- - c R CQ j mT Witnesseth, that said grantor, for and *2 aeration of the sum 44 1,' P NO/100 DOLLARS($10.00) and other good and valuable considerations to s ' _ or in hand paid by said gr. ee, 1- receipt whereof is hereby acknowledged, has granted,bargained, and sold to t e sa'• II tee, : ' 12.a -e' *eirs ana s forever, the following described land, situate,lying and being in Collier C un ,Florida wit. See attached Exhibits"A Parcel Identification Nu bed: i t . l 01)1 h Subject to: real property orem taxes for the c t ea :tig, all subsequent years; zoning, building code and other use s -1 'ons imposed by god: ' .. T ority;outstanding oil,gas and mineral interest(s)of record; d • ictions and easemen co on to the subdivision. Together with all the tenements,hereditam- aad xtrtanna belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. • And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2006. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: KMG gs,LLC,a laware limited liability company .2 A ��/ • By: Witness Name: �rnni i�►_� , k Gary P lleberg,Its Manager OyLr ca.Z Wi ess Name:Men,L.k. L i J,- rs - DoubleTimee OR: 4223 PG: 2771 State of Florida County of Collier The foregoing instrument was acknowledged before me this 2nd day of May, 2007 by Gary P G lleberg, Its Manager of KMG Holdings, LLC, a Delaware limited liability company, on behalf of said firm. He/she ( is personally known or 10 has produced a driver's license as identification. [Notary Seal] No Public Printed Name: My Commission Expires: 4:0%.,•••••• MONICA L DICKERSON •. MY COMMISSION#DO 237820 EXPIRES:December 3,2007 44, a` Bonded Thu Notary Pubic Underwriters GQ 42, ' C) CC C111171V Warranty Deed-Page 2 DoubleTimeo - *** OR: 4223 PG: 2772 *** • EXHIBIT "A" Description of so-called Parcel 33, of Block "B" of Naples Industrial Park, Ltd., Unit #2, Not Recorded, being part of the North Va of the Northeast '/. of Section 36, Township 49 South, Range 25 East, Collier County, Florida. (Parcel 33, Block "B") 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, North 89.06'30" East 1566.09 feet for the Place of Beginning of the Parcel herein described; thence continuing along the North line of said Section 36,North 89.06'30" East 130.00 feet;thence South 038'58" East 235.71 feet;thence South 89.21'02" West 130.00 feet; thence North 0'38'58" West 235.16 feet to the Place of Beginning; being a part of the North 'h of the Northeast V. of Section 36, Township 49 South. Range 25 East, Collier County,Florida;subject to a utility and road easement for ingress and egress over the South 30.00 feet thereof; subject to a utility and drainage easement over the North 30.00 feet thereof;subject to a utility and drainage easement over the West 20.00 feet thereof; h Description of so-calla• Par:1 34 of Block"B" of Nap In. stria) Park, Ltd., Unit #2, Not Recorded, being •art f t • •rth • orthea '/s f Section 36, Township 49 South, Range 25 Eas , Collier C. • , lorida. Pa ce 3•py Commencing at the !It '/. orner o Sectio "tc,6, o ns South, Range 25 East, Collier County,Florid=K•Ok:nee along the North Iof s ld •n 36, North 8906'30" East 1696.09 feet fo '!ie •lace of Beginning : °t : P.rl erein described; thence continuing along the N• ' 1i of said Section 36, ` • l $ '06'30" East 110.00 feet; thence South 0.38'58" E. -0 a 7 feet;thence •�t11 21-02" West 110.00 feet;•thence North 0.38'58" Wes t; • f Beginning; being apart of the North 'a of the Northeast V. off �Z-�i. •IP., • ip 49 South, Range 25 East, Collier County, Florida; subject to a utility and road easement for ingress and egress over the South 30.00 feet thereof; subject to a utility and drainage easement over the North 30.00 feet thereof; COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080002249 Board of County Commissioners, Collier County, Florida vs. M& M DEVELOPERS , LLC PROPERTY OWNER Violation of Section(s) ,04-41, The Land Development Code , as amended, Sections(s) 1 0.02.06[B][1][a] and 10.02.06[B][1][e]. Kitchell T. SNOW,Code Enforcement Official Department Case No. CES20080002249 DESCRIPTION OF VIOLATION: Construction/remodeling done to 1St and 2nd floor of structure without proper permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Obtain 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 in accordance to and compliant with the Land Development Code of Unincorporated Collier County. 3. Notify the code enforcement investigator within 24 hours of violation abatement so a final inspection may be preformed to confirm such abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080002249 M & M DEVELOPERS LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, s,,s\..4-) , on behalf of himself or 7ut\olo.e'S 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 CESD20080002249 dated the 26` 'day of July, 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 July 31St, 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][i] and 10.02.06[B][1][e], Of 04-41, The Land Development Code, as amended and are described as Construction remodeling done to first and second floor without first obtaining valid Collier County Building permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of Completion (CO) for the construction/ remodeling of the structure 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 violation is abated 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 ap• opriate site for such disposal. 3) Resp, '••_'ii tt ••tif 'ode' nforcement that the violation has been abated and request the Invest,':t•�,' • hill - •ut and p= orm a site inspection. 61E11 11111F 'Ai" GL----,, Respo dent 1 Diane B. Fl-gg Director f Cold jE�forcem�t Department '-'t'(Date Date REV 2/23/07 7 ; ; d 8 /H ( o3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.CESD20080002249 vs. M&M DEVELOPERS,LLC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,and the Board,havinE;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 M& M Developers, 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,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respcndent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4627 Arnold Avenue,Unit 2,Naples,FL,Folio 0027980C 002,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(BX1Xa), 10.02.06(BX1)(i)and 10.02.06(BX1)(e)in the following particulars: Construction/remodeling done to first and second floors without proper 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 violat ons of Collier County Ordinance 04-41,the Land Development Code,as ariended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(i)and 10.02.06(B)(l Xe) be corrected in the following manner: 1. By obtaining valid Collier County building permits with all inspections through Certificate of Completion(CO)for the construction/remodeling of the structure within 120 days(November 28,2008). 2. In the alternative,by obtaining a demolition permit and removing any unpermitted construction/remodeling/additions and restoring the building to its original permitted state and removing all construction waste to the appropriate site for such disposal within 120 days(November 28,2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 28, 2008,then there will be a fine of$200 per day for each day until such time as the violation is abated. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by November 28. 2008,there will be a fine of$200 per day for each day until such time as tf a building is restored to its permitted state and all unpermitted construction/remodeling/additions have been removed to the appropriate site for suci disposal. 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$88.43 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 0 day of ( ,2008 at Collier County, Florida. a CODE ENFORCEMENT BOARD COLLIER p9COUNTY,FLORIDA BY: ''"'^' Richard K{ae ' g,Vice-Chair 2800 North orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisU? day of 1— _, 2008,by Richard Kraenbring,Vice-Chajr of the Code Enforcement Board of Collier Co ty,Florida,who is ___personally knovm to me or V who has produced a Florida Driver's License as identification........ -,!,: .. . tifi1/4.0 „Ha jthss\Ir.\ ::Y'� KRISTINE HOl TON !: _ MY COMMISSION#DG 6e: _ NOTARY PUBLIC <= June , 0�! . :1,- ' eawEXPIRES:ean� rPu 18u�2 ,; j My commission expires: 'Ir' - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to M&M Developers, LLC, Michael A. Baviello,Jr., 1025 fifth Avenue N.,Naples,FL 34104,R.A.,and Mark J.Austin, 4651 Arnold Avenue,Naples,FL 34104 this („Q day of a ,2008. state 01 F LORI UA r C �eN--' younty of COLLIER M.Je wson,Esq. Florida Bar No.750311 I H ERE4Y'C FY,,THAT this Is a true en. Attorney for the Code Enforcement Board ;orreoocopjr of*rifiet,mont on file in 400 Fifth Avenue S., Ste.300 Board Minutes Od'n s of Collier Cooly Naples,Florida 34102 Nip, SJ ti�v }7a' Gii�cf[Ci�f Baal this (239)263-8206 ar day of "-1/4` E )WIG E, aR SLKt I 2It OF COURTS %lb. :,, .:4' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080002249 M & M DEVELOPERS LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, %.,5\..t) , on behalf of himself or A(ve\oiN'rS 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 CESD20080002249 dated the 7c` 4tlay of July, 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 July 31St, 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][i] and 10.02.06[B][1][e], Of 04-41, The Land Development Code, as amended and are described as Construction remodeling done to first and second floor without first obtaining valid Collier County Building permits.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$88.43 incurred in the prosecution of this case within 30 days of the date of this hearing.. 2) Abate all violations by: (a) Obtain valid Colleir County building permit(s) with all inspections through Certificate of Completion (CO) for the construction/ remodeling of the structure 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 violation is abated 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 lap. opriate site for such disposal. 3) Resp• ' ••-A •sti •ode nforcement that the violation has been abated and request the Invest'. .t•,�i�1 - •ut and p- orm a site inspection. 001101 Respo dent \ Diane B. Fl gg Director j Code E forcement Department t...„7 ,u. re-cpsio `7-- tk-°`( J. 27- Date Date REV 2/23/07 t \'1 4012983 OR: 4223 PG: 2770 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/03/2007 at 01:57PM DWIGHT I. BROCK, CLERIC CONS 1700000.00 NEC III 27.00 Prepared by and return to: D0C-.70 11900.00 Faye L Scott,Paralegal Retn: Michael A.Baviello,Jr.,P.A. MICHAEL A BAVIELLO JR 1025 5th Avenue North 1025 FIFTH AVE N Naples,FL 34102 NAPLES FL 34102 239-434-6644 File Number: 07R-112 [Space Above This Line For Recording Dual Warranty Deed This Warranty Deed made this 2nd day of May, 2007 between KIVIG HOLDINGS, LLC, a Delaware limited liability company, whose post office address is 868 4th Street S, Naples, FL 34102, grantor, and M &M Developers, LLC,a Florida limited liability company whose post office address is 4651 Arnold Ave.,Naples,FL 34104,grantee: (Whenever used herein the terms"grantor"and"grantee"include all - ..• :- ,. ' instrument and the heirs,legal representatives,and assigns of individuals, and the successors and assigns of corporations,trusts and tr s �G R cob,. Witnesseth, that said grantor, for and • aeration of the sum ' e NO/100 DOLLARS($10.00) and other good and valuable considerations to s.• : or in hand paid by said gra ee,to- receipt whereof is hereby acknowledged, has granted,bargained, and sold to e se'' • tee, :18 ' eirs an' assi ar s forever, the following described land, situate,lying and being in Collier C i ,Florida • wit. See attached Exhibits"A • t, Parcel Identification Nu : I , 1 1 ; ' Subject to: real property i� orem taxes for the c ,`.,.. t e • all subsequent years; zoning, building code and other use s •i 'ons imposed by gov ', �� ority;outstanding oil,gas and mineral interest(s)of record; 1' ctions and easemen i n to the subdivision. • a� -S1 Together with all the tenements,hereditam aikaltirtti belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in the simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2006. In Witness Whereof grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: KMG ' •'ngs,LLC,a ?,laware limited liability company ^. ' : By ,tiller '• ANSINIONIi I tom. _ Witness Name: _ , evrri . %. Gary P1 •lleberg,Its Manager' ` ON.r csaL Wit4tess Name:fun, cvee DoubleTime. OR: 4223 PG: 2771 State of Florida County of Collier The foregoing instrument was acknowledged before me this 2nd day of May, 2007 by Gary P G Ileberg, Its Manager of KMG Holdings, LLC, a Delaware limited liability company, on behalf of said firm. He/she is personally known or has produced a driver's license as identification. ccc `L �`�[Notary Seal] Nk7i Printed Name: My Commission Expires: 0' MONICA L DICKERSON ,�: • ,.- MY COMMISSION It DD 237820 EXPIRES:December 3,2007 Boded Thu Notary Pubic Undenxie's o�y � Co� 1 C ° V • 41-E CIV'C Warranty Deed-Page 2 DoubleTime• - *** OR: 4223 PG: 2772 *** EXHIBIT "A" Description of so-called Parcel 33, of Block "B" of Naples Industrial Park, Ltd., Unit#2, Not Recorded, being part of the North % of the Northeast % of Section 36, Township 49 South, Range 25 East, Collier County, Florida. (Parcel 33, Block "B") 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, North 89.06'30" East 1566.09 feet for the Place of Beginning of the Parcel herein described; thence continuing along the North line of said Section 36,North B9.06'30" East 130.00 feet;thence South 0.38'58" East 235.71 feet;thence South 89.21'02" West 130.00 feet; thence North 0.38'58" West 235.16 feet to the Place of Beginning; being a part of the North % of the Northeast 'h of Section 36, Township 49 South, Range 25 East, Collier County,Florida;subject to a utility and road easement for ingress and egress over the South 30.00 feet thereof; subject to a utility and drainage easement over the North 30.00 feet thereof;subject to a utility and drainage easement over the West 20.00 feet thereof; Description of so-calle• Par�-I 34,of Block "B"of Nap -in. strial Park, Ltd., Unit#2, Not Recorded, being •art f t , •rth orthea- % ,f Section 36, Township 49 South, Range 25 Eas , Collier C• . , lorida.ligi CEe3rY 1 Commencing at the tirt % orner o Sect o i56, o ns ' ' South,Range 25 East, Collier County,Florid O,nce along the North I of -=Id .,e, •n 36, North 89.06'30" East 1696.09 feet fo lace of Beginning -77.-'t - P.r el erein described; thence continuing along the N N.till of said Section 36, ' • • ' 06'30" East 110.00 feet; thence South 0.38'58" _ •Q- • 7 feet;thence =• 21-02" West 110.00 feet; thence North 0.38'58" Wes '`? r:I: t• a;_ . •f Beginning; being a part of the North % of the Northeast 'A of it •* • p 49 South, Range 25 East, Collier County, Florida; subject to a utility and road easement for ingress and egress over the South 30.00 feet thereof; subject to a utility and drainage easement over the North 30.00 feet thereof; COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Genel Bricius and Dieumila Faugue, Respondent(s) CEB CASE NO. CEPM20080004430 1 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-14 Copy of Applicable Ordinance 15-21 Deed 22 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20080004430 vs. BRICIUS, GENEL DIEUMILA FAUGUE, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Property maintenance and housing violations for a duplez that has been converted to four rental units without permits. LOCATION OF VIOLATION:2730 Pine ST Unit:A Naples, FL SERVED: BRICIUS, GENEL DIEUMILA FAUGUE, 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 F 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.CEPM20080004430 Genel Bricius and Dieumila Faugue,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)Collier County Code of Laws and Ordinances,Article VI, Sections 22- 228(b)and 22-231 subsections 9, 11,12i, 12p, 19b,and 20. 2. Description of Violation:Property maintenance and housing violations for a duplex that has been converted to four rental units without permits. - _ - 3. Location/address where violation exists: 2730 Pine St,Naples FL 34113,Folio#48730280000 4. Name and address of owner/person in charge of violation location: Genel Bricius and Dieumila Faugue,3615 Boca Ciega Dr#212,Naples FL 34112 5. Date violation first observed:April 1st,2008 6. Date owner/person in charge given Notice of Violation:April 7th,2008 7. Date on/by which violation to be corrected:May 7th,2008 8. Date of re-inspection: May 27th,2008 9. Results of Re-inspection:Violations remain. 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 3rd day of June, 2008 11114A.CA.,Q Joe cha Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or . :•, 't ed)and subscribed bef e this 3rd day of June,2008 by Joe Mucha. 05 r /4i / ice K • . ignature ofN.ff Public) (Print/Type/Stamp ommissioned Name of No . •ublic) Personally known or produced identification Type of identification produced sin n, 2009 - T 0,1 Co.. REV 3-3-05 9 .. L.u.st.4 flAA UU%1 %41'1Vt4Vt/V V V V°4-3+1V COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance NOTICE OF VIOLATION caner. Genel Bricius Date: 417/08 Investigator Joe Mucha Phone: 239-252-2452 Dieumila Faugue . Zoning Dist itN1F-b See 11 Twp 50 Rng 25 Mailing: 3615 Boca Clew Dr#212 Legal: Subdivision 'Haldeman River - Block ` B Lot 1 Naples,FL 34112 I ocs5on 2730 pine St(Units A and B) Folio 48730280000 UIt Book 4189 Page 3426 Unincorporated Collier County NOTICE ORDE1 TO CORRECT VIOLATIONS : Pursuant to Collier County Consolidated Code Enforcement Ordinance No 07-44, you are notified that 'a You are directed by this Notice to take the following violation(s); of the following Collier County Ordinances} corrective action{s} and or PUD Regulations) exists at the above-described ordered in . ......,,,,..or-der" ttached Property Maintenance location. Inspection Repo to Correct violation requirements: Code of Laws ai.d Ordinances,Article'VI,Section 22-228(b) Must comply with :all Collier County property Code of Laws and Ordinances,Article VI,Section 22-231 maintenance and `housing code requirements, and Subsections) continually maintain residential structures to"comply with 1 1-1 9 12f I-1 12n❑ 16❑ said codes. 2❑ 10❑ " 12g❑ 12o❑ 17❑ ❑� owner occupied, must obtain: ail Collier County 3 ❑ 11 ® 12h❑ 12p® 18❑ required permits; related inspections;and final certificate 4❑ 12a❑ 12111111 .1 12q❑ 19a❑ of completion 5 ❑ 12-, ❑ 12J ❑ 12r❑ 19b'® not owner occupied,• must contact a general 6❑ 12c!❑ i 2k❑ 13 ❑ 19c;® contractor licensed in Collier County to obtain: all Collier 7 ❑ 12d;❑ 121❑ 14❑ 19d❑ County required permits; related inspections; and final n 8 ❑ 12e 12m 0 15❑ 20`® certificate of completion. Did Witness: Duplex converted to four rental units without upDlemeut'attached i Q Pelt-1:1111:s- ON OR BEFORE: Q� i 7/l , 200 U Property maintenance and housing violations at the above referenced address ct3lt alsttnfl'of but not limited to the Failure to correct violations may result m: following: > 1)) Mandatory notice to appear .or issuance of a citation As outlined : in the "attached property maintenance that may. result in fines up to $500 and costs of inspection reports dated April 1st, 2008 . prosecuton. OR 2) Code Enforcement'Board review that may result in fines up to$1000 per day per violation,as long as the violation remains,anti costs of prosecution. SE VED BY nSupplenient attached ersonal Service ❑ ertifled Mal ❑Posting of Property INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ❑Fax ❑Mails ENFORCEMENT INVESTIGATOR Joe Mucha r S D . -fl S I G N 2800 No.Horseshoe Dr_Naples,FL:34104 L (239) 252-2452 Fax: 234}304-3920 Signature and Title of Recipient Investigator signature Print ' VIOLATION STATUS: Dated this !41 dny of ,2405 ®Initial ❑Recurring"' Repeat Nnti :_of Vinlatinn Ckiainal to Fire C"nnv to Recnnntient ' Cony for Site Pnstino - Cnw forflfficial Pnctinc Rev cRwo7 H 2 o r County COLLIER COUNTY CODE ENFORCEMENT n Residential Property Maintenance Inspection Report/Order to Correct' Code of Laws and Ordinances,Article VI, Section 22 231 Location: 2730 Pine St(Unit A) Date: 4-1-08 Case# CEPM20080004430 Investigator Joe Mucha = description 7 Corrective Action Required Z:4? 1. Sanitary Facilities: Kitchen Sink with counter workspace One(1)lavatory basin properly connected to water and wastewater One, l)tub or shower properly connected to water and wastewater' ' One(1) commode properly connected to water and wastewater plis Li 2. Hot and Cold Water Supply Adequate hot and cold water supply to a1i fix-tures 3. Water Heating Facilities n ' Hot water provided to all required fixtures ' ; , ' Temperature not less than 120 degrees at r-- , lfi-tore ; 4. Heating Facilities Heating equipment providing a temperature of at least 68 degrees E Heating equipment properly installed and coraneeted;' 5. Cooking Equipment Operable stove or range! .' I Operable refrigerator Properly installed and maintained in safe IL condition 6. Garbage Disposal Facilities Adequate disposal facilities or. storage container for garbage or rubbish 7. Light and Ventilation Meets minimum size and access requirements of the Building Code (1203.1-1.6) One or more windows for each habitable jj room . y! Pmnrrttiv A4 aintenanrr.!(lrrirr to en rrcl Rry ?I#2/Oi ; /. GC w�c y Description - Corrective Action Required o ,..04.) s o 8. Bathroom Window or skylight `Mechanical ventilation 9. Electric Lights and Outlet Electric provided to dwelling emit —, Required outlets provided(1 per room) All lights and outlets properly instal led No light fixture for 2'°bedroom and in food working condition' 10. Light in Public Halls and Stairways Three (3)or more units: adequately E lighted at all times- Lighting in place Less than three(3)units: conveniently located light switch that controls an adequate light system that can be twined on when needed if eon= continuous lighting is not provided-Lighting in place 11. Electrical Systems All fixtures, equipment,receptacles and wiring maintained!and installed pursuant to the Electrical Code 12. Exterior and Interior of Structure a. Foundation Building foundation and other structural elements'maintained in safe manner and capable of supporting load b. Exterior.-lalo Free of holes breaks, loose or rotting material. Substantially weather tight, waterproof and properly coated �t Decorative features maintained in ad repair c. Roof Maintained in a safe manner and is water tight pm I d. Means of Ingress/Egress ,,,,,,, ri Safe unobstructed means of ingressleess _ Second means of ingress/egress -. . _. _ y . �nf�J e* Attie ,a,,,'..,`,,-Prnrwty ntcnanrrJfIrdertnCnrmct Rv 7/11/8 .„ ... Description Corrective Action Required Access to attic within the dwelling unit d f. Stairs Maintained in a safe manner g. Protective Guard Railings t/A " Protective railing in place L Maintained in good condition f h. `Handrails Handrails in place i. Windows and Doors Lockable, weather-tight,maintained in good repair j. Window Sash Properly fitted and weather-tight 4�. Hardware Doors with proper hardware and maintained in good condition , L. Screens Are screens m place(not required with cenlial A/C and heating: " m: Protective Treatment All exterior.surfaces P rotected by painting or other protective cov r rigs n. Accessory Structure Accessory structures maintained and I in good repair f . . o. Interior Doors Properly fitted within frames p. Interior Floor,Walls, and Ceiling Floors and walls in good repair sealed off to split unit into two dwelling units q. Structural Support Structural supports maintained in good repair and capable carrying loads as designed r. Gutters and Downspouts Gutters and downspouts maintained in good repair 13. Occupancy Standards,Dwellings Arnnertt•MaintenanrrI der to('nrrerl Rev ?121/fti n#^t Description Corrective Action Required o 1--,' o Number of persons in dwelling 4 More than 4 unrelated persons ` f Square footage of dwelling sq ft Exceeds 250 SQ ft for 1St person,and 200 ri p sq ft for additional inhabitant ratio 14, Minimum Ceiling Height Meets requirements of Building Code at the time of construction (7 ft currents Minimum ceili a height fl 15. Pool Maintenance N/A Pool in place fl f Pool,properly maintained so as`not to create a health or`safety hazard 16. Occupancy of Space Below Flood Elevation Habitable space below flood elevation 17. Residential Parking Facilities 1 " Parking area made of improved surface and in good repair E f 18. -Boat Houses xt ri ....„,,,,, Is there a boathouse " - Maintained'in good repair and surfaces L protected from the elements L 19. Sanitation Requirements All areas kept in clean and sanitary condition P " Nuisance or fire ha lard Electrical peaei boz located in other nuit,2e°kitchen,illegally ti.. ennYei ed;,,it has dale afr+ legreas All structures regularly maintained and _ free of infestation' Plumbing fixtures maintained in clean'and sanitary condition . 20. Smoke Detectors Smoke detector m place to meet Building All smoke detectors are inoperable one to dead batteries and Fire Code requirements Within every dwelling and/or dwelling unit: Ceiling or wail mount centrally I located in the corridor or area giving I access to each group of rooms used for sleeping r1 Prnnrr v Mainirnao &C}rder to Cnrrert R eu 7/1 7/OS 4 of i a Description ° o Co rr, O rrective Action Required c Z AU Dwelling or dwelling units with more 1'' than 1 story: Detectors required on each level including basements but excluding attics, and close to stairway leading to floor above il n L Split-level without an intervening door I between levels:Detector installed on upper level rov p zded lower level is less than one full story below u..er level Overall Comments: This unit has been converted to two rental units vi ithovt permits. Unit is supposed to be bathroom unit. Now it is a two bedroom, 1 bathroom unit. Other unit is a one be bedroom on bedroom two n bath. inf.,,,io.intrnance/or irr to r.nrtrc:t Rev ?.i 1 ini SAfS Cottle-- Gcnt COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance Inspection Report!Order to Correct Code of Laws and Ordinances,Article VI, Section 22-231 Location: 2730 Pine St(LTnit B) Date: 4-1-08 Case# CEPM20080004430 Investigator Joe Mucha Description n" w Corrective Action Required o W O 1 AU 1. Sanitary Facilities: Kitchen Sink with counter workspace X One (1)lavatory basin properly connected to water and wastewater E CI One 1)tub or shower properly connected _ to water and wastewater One(1) commode properly connected to w ater and wastewater it& n 2. Hot and Cold Water Supply Adequate hot and cold water supply to all fixtures j.;,•17 3. Water Heating Facilities Hot water provided to all required fixtures is, E Temperature not less than 120 degrees at all fixtures: 4. Heating Facilities Heating equipment providing a temperature of at:least 68 decrees Heating equipment properly installed and " connected 5. Cooking'Equipment Operable stove or range Operable refrigerator ® L Properly installed and maintained in safe i' condition 6. Garbage Disposal Facilities, Adequate disposal facilities or storage container for garbage or rubbish 7. Light and Ventilation I Meets minimum size and access requirements of the Building Code (1203.1-L6) p ii One or more windows for each habitable room Prneerh.•Maintmanre./C)rrie:r to C".nrrer.t Rev 7/1 1/Oi - 1 of i n ^1.-'' * Description fi" , Corrective Action Requred o 8. Bathroom Window or skylight I Mechanical ventilation l 9. Electric Lights and Outlet. � X f Electric provided to dwelling unit ___ 9 Required outlets provided(1 per room) All lights and outlets properly installed. Living room,2"bedroom and in good working condition 10 Light in Public Halls and Stairways Three (3) or more units: adequately lighted at all times -Lighting in place Less than three(3)units: conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided-Lighting in place 11. Electrical Systems All fixtures, equipment,receptacles and wiring maintained and installed pursuant to the Electrical Code L I 12. Exterior and Interior of Structure a, Foundation Building foundation and other structural elements maintained in safe manner and capable of supporting load b. Exterior Walls Free of holes,breaks,loose or rotting material 1 Substantially weather tight, waterproof and properly coated X , L Decorative features maintained in good repair 1 Graffiti c. hoof Maintained in a safe manner and is water tight d. Means of Ingress/Egress Safe unobstructed means of ingress/egress ki Second means of ingress/egress e. Attic i �of c Prnneety MaintenanraJ lydrr to C^nrrec t RP+ III 7!(tS r Description = Corrective Action Required ' r-1 0 = G Access to attic within the dwelling unit {{ f. Stairs I I Mantained in a safe manner ' g. Protective Guard Railings 1414 Protective railing'in place M fl aintained in good condition h. Handrails Handrails in place p< --"*"` 1. Windows and Doors Lockable,weather-tight, maintained i Kitchen window needs to be repaired in good repair L j. Window Sash - Properly fitted and weather-tight k. Hardware . Doors with proper hardware and maintained in good condition I. Screens Are screens in place (not required with central A/C and heating) X 0 in. Protective Treatment All exterior surfaces protected by painting or other protective , I il Cc erigs i n. Accessory Structure tits Accessory structures maintained and in good repair o. Interior Doors M Properly fitted within frames p. Interior Floor,Walls, and Ceiling Floors and walls in good repair Bole in living room wad„door to rest of unit sealed off to make VN another.rental unit q. Structural Support ' Structural supports maintained in good repair and capable carrying loads as designed .h r. Gutters and Downspouts Gutters and downspouts maintained I j in good repair I "'3. Occupancy Standards,Dwellings 1 Prnnprhr X4 aintrnan;rlflydPr'tn rnrrprt Rev )I1 1 ifei 1 of i I c 1 2 Description w Corrective Action Required 0 I ov Number of persons in dwelling 4 More than 4 unrelated persons Square footage of dwelling sq ft Exceeds 250 SQ fl for 1St person,and 200 sq ft for additional inhabitant ratio 14. Minimum Ceiling Height Meets requirements of Building Code at the time of construction (7 ft current) Minimum ceiling height ft 15. Pool Maintenance f N/A Pool in place 1---1 j Li Pool properly maintained so as not to create a health or safety hazard 16. Occupancy of Space Below Flood N/A Elevation Habitable space below flood'elevation 17. Residential Parking Facilities Parking area made of improved surface and in good repair 18. Boat Houses NJA Is there a boathouse Maintained m good repair and surfaces protected from the elements II 19. Sanitation Requirements All areas areas kept in clean and sanitary condition Nuisance or fire hazard . X , Electrical panel box located in other unit,2ad kitchen,illegally converted unit bas one ingress/egress All structures regularly maintained and free of infestation Plumbing fixtures maintained in clean and sanitary condition 20. Smoke Detectors j Smoke detector in place to meet Building All smoke detectors are inoperable due to dead batteries and Fire Code requirements Within every dwelling and/or dwelling unit: Ceiling or wall mount centrally<, located in the corridor or area giving access to each group of rooms used for sleeping Pmnerty Maintenanrt J(hder to('nn-ert 12.rr ?/t t 1(15- - - - 4 of Descriptictil Corrective Action Required 4 Dwelling or dwelling units with more than 1 story Detectors required on each level including basements but excluding attics, and close to stairway leading to --} floor above 1 . Split-level without an intervening door between levels: Detector installed on upper level;provided lower level is less than one full story below upper level Overall Comments: This unit has been converted to two rental units without permits."Unit is supposed to he a three bedroom two bathroom unit. Now it is a two bedroom,1 bathroom unit. Unable to access other unit at this time Prnnrrty Mai ntrzianrr/('irder in("nrrrct /3 AFFIDAVIT OF SERVICE Respondent(s): Genel Bricius Code Case 'CEPM20080004430 Dieu.rrila Fatigue CEB# Special Magistrate Case THE DESCRIPTION OF THE DOCUMENT(S)SERVED IS/ARE: (Check the applicable documents) ®Notice of Violation ❑Notice of Hearing = - ID Notice of Hearing/Imposition of Fines ❑Citation • ❑Notice to Appear U Code Enforcement Board Evidence Packet ®Other: Rental inspection reports and copy of ordinance 1 Joe M'q C k 4 ,hereby swear and affirm that I have personally erved the above described Enforcement Official) Y scnbed documents)to to e h e 1 gr i G I u S ,for the above respondent(s)at. 3 0 1 5 8 O C q ?e. 4 Dr #2( 9 (�aplts FL 3ttitz on ti - 7 - O 2: oo _ �: (Address) (Date) M _ - (Time) �. ti.e Signature STATE OF FLORIDA COUNTY OF COLLIER Swor#s to(or affirmed)and subscnbed`before me this 7' t''i day of p��1 2008 Jby Jo - N1u t^Ilia °..ye o • 1 .;,,.,, 1P. �� ,,..,it 41-gnature of Notary Public) (Print,type or stamp Commissioned name of Notary Public) =". ' h Personally Known Y ,Cn tl Viii rS ?f" , ,e Produced Identification'... ,., � � Type of Identification Produced Affidavit of Service Original to File Copy of Posted Notice and Pictures Attached Rev 10/16/07 Luut OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord... Page 1 of 3 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 07-45, enacted May 22, 2007. (Supplement No. 22) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney http://library l.municode.com/default/DocView/10578/1/2 chop-nno Sec. 22-228. General provisions. (a) Maintenance. Equipment, systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. (b) Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this code shall be construed to cancel, modify or set aside any provisions of this section. (c) Existing remedies. The provisions in this code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. (d) Requirements not covered by this code. The building official shall determine requirements necessary for the strength, stability or property operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this code. (e) Deviation from code. Where practical difficulties are prohibitive in carrying out the provisions of this code, the community development administrator, or designee, in coordination with the appropriate licensed authority, if applicable, has the authority to grant modifications for individual cases. The modification shall be in compliance with the intent and purpose of this code and shall not lesson health, life and fire safety requirements. The basis for granting modifications shall be recorded and entered in the department files. (f) Compliance. It shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated county to comply with the requirements set forth in this article. No premises or building, or combination, shall be used in a manner inconsistent with or in conflict with the requirements of this article. (g) Conflict with other codes. The provisions of this article shall apply to all buildings, structures or premises in existence or built within the unincorporated county. Where the provisions of this article impose a standard different than that set forth in any other county ordinance or state law, the most restrictive standard shall apply. (Ord. No. 04-58, § 3) Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (1) Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. (2) Hot and cold water supply. Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. (3) Water heating facilities. Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees Fahrenheit. (4) Heating facilities. Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and _ _ connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen depletion sensing system (ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. (5) Cooking equipment. Every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. (6) Garbage disposal facilities. Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. (7) Light and ventilation. Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. (8) Bathroom. Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. (9) Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. (10) Light in public halls and stairways. Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. (11) Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. (12) Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. a. Foundation. The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing _ surfaces. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. Means of ingress/egress. Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. Attic access. Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. Stairs, porches, and appurtenances. Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. Protective/guard railings. Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. Handrails. Handrails shall be required in the manner prescribed by the Building Code. Windows and exterior doors. Every window, exterior door, shall be • properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. j. Window sash. Window sashes shall be properly fitted and weather-tight within the window frame. k. Hardware. Every door shall be provided with proper hardware and maintained in good condition. I. Screens. Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. Protective treatment. All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition. o. Interior doors. Every interior door shall be properly fitted within its frame. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. Structural supports. Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. Gutters and downspouts. Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. (13) Occupancy standard, dwellings. Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than four unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. (14) Minimum ceiling height. Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the Building Code at the time of construction. (15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. (16) Occupancy of space below flood elevation. No space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game room) and improved to meet FEMA requirements. (17) Residential parking facilities. All residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, _ asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. (18) Boat houses. All boathouses within the unincorporated county must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. (19) Sanitation requirements: a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with health department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the health department. (20) Smoke detectors. All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. (Ord. No. 04-58, § 6) 1. **x 3979913 OR: 4189 PG: 3426 *** P ,�By wawa Baryarz RECORDED in OFFICIAL RECORDS of COLLIE!CODIFY, FL Aeerteaa Heritage rare of S.W.FL,Inc. 01/28/2007 at 11:05AN DWIGHT E. COOCE, CLUB N%aoath Beach Road 12pf CO/S 510001.00 soda Springs,FL !EC FEE 11.00 „.....—....\ incidental to the issuance of a title insurance policy. Fite Number:1454 DOC-.l0 3510.00 Parcel IDE:4=730230000 Retn: ANERICAI HIRITAGI Mil SR FL 9696 BONITA BRACH ID 1209 BONITA SPRINGS IL 34I35 WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED,dated 02/21/2007 by HOMERE HYPPOLITE and JANISE HYPPOLITE,husband and wife„whose post office address is 4843 DEVON CIRCLE,NAPLES,FL 34112,hereinafter called the GRANTOR,to GENEL BRICIUS and DIEUMILA FAUGUE,husband and wife„whose post office address is 3615 Boca Ciega Drive#212,Naples,FL 34112 hereinafter called the GRANTEE: (Wherever used herein the terms"Grantor'and"Grantee'shall include all parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations.) WPINESSETH: That the GRANTOR,for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the GRANTEE,all that certain land situate in COLLIER County,FL,viz: All of Lot 1 and the North 33.75 -F,R CO according to the plat thereof,record �''lat Book 2,Page(s). '.1 t OMAN RIVER SUBDIVISION, County,Florida, . ,o e Public Records of COLLIER rida together with a Sun•, i _ , the ,.I.00 f •t w e vatted Alley lying between blocks A and B. / - - . �� SUBJECT TO covenants,conditions, tQio .. .� em is and agreements of recd taxes and assessments for the year 2006 .., I \ record,if any; 4 _ t0 a!1 [i zoning ordinances and/or restrictions and prohibitions imposed by governmen ., • cubes,if any. .. 1 N� TOGETHER with all the tenements,hered '� is and appurtenan ;,,., h r .e) r=ing or in anywise appertaining. TO HAVE AND TO HOLD,the same in fees .1.'1:: or_ / � AND THE GRANTOR hereby covenants with said G E a IR�� except as above noted,the GRANTOR is lawfully seized of said land in fee simple;that the GRANTOR has good,right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,GRANTO: as signed and sealed these presents the date set forth above. SIGNED IN THE PRES r t '1 OWING WITNESSES: Signatu • AL ��L_`/ .:i/I—_ Print Name: 1, Ih,� / s TT — OL13 E f< Print 'Q'v C — 6 ■ JANtsi H'>fppOLITE STATE OF Florida COUNTY OF COLLIER THE FOREGOING INSTRUMENT was acknowledged before me this 2 t ST b*i, ,J 1 71,61y HOMERE HYPPO and JANISE HYPPOLITE,husband and wife,who is/are .. -. ally'lmo . : o o has/have produced lije,C tS 1.4eistlegas identification. r•—■ (SEAL) ' ; 1- WLLIAMLLANf p Notary Pu.is �"�'- MI'OO1gMR8l01ttDoscso t COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Genel Bricius and Dieumila Faugue Violation of Collier County Code of Laws and Ordinances,Article VI, Sections 22-228(b) and 22-231 subsections 9, 11,12i, 12p, 19b, and 20. Joe Mucha, Code Enforcement Official Department Case No. CEPM20080004430 DESCRIPTION OF VIOLATION: I observed a duplex located at 2730 Pine St, Naples FL 34113, Folio # 48738280000, which has housing and property maintenance violations. The duplex also has been converted to four rental units without permits. The illegal conversion creates an unsafe environment for the tenants that reside in these units. 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. Hiring a general contractor licensed in Collier County to obtain all required permits; inspections; and certificates of completion for all items outlined in the property maintenance inspection reports dated April 1st, 2008, that require corrective action within 120 days of this hearing or a fine of$250 a day until all violations are abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CEPM20080004430 Genet Bricius and Dieumila Faugue Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Genet Bricius and Dieumila Faugue, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080004430 dated the 7th day of April, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 31st, 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 Code of Laws and Ordinances, Article VI, Section 22- 231 Subsections 9, 12i, 12p, and 20 and are described as property maintenance violations for--- - - rental units located on this property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$91.40 incurred in the prosecution of this case. 2) Abate all violations by: Correcting all property maintenance violations by providing light fixture or cover plate for exposed wires in ceiling of bedroom in unit A, repairing exterior light fixtures for units A and B, repairing hole in interior wall for unit B, repairing damaged shower wall for unit B, repairing kitchen window for unit B, ensuring all electrical outlets have cover plates for unit B, and providing operable smoke detector for unit B. All property maintenance violations must be corrected by August 7th, 2008, or a fine of$250 a day until all violations are corrected. 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 Diane Flagg, Director Code Enforcement Department 111 far 41=- 411 espondent , Date / 3 / Date REV 7/1/08 jt_e- �. (dscl 81( < lee CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.CEPM20080004430 vs. GENEL BRICIUS AND DIEUMILA FAUGUE, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,and the Board,having heard testimoty 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 Genel Bri:ius and Dieumila Faugue are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2730 Pine Street,Unit A,Naples,FL,Folio 48730280000,more particularly described as all of Lot 1 and the North 33.75 feet of Lot 2,Block B,HALDEMAN RIVER SUBDIVISION,according to the plat thereof,recorded in Plat Book 2,Page 87,of the Public Records of Collier County, Florida,together with the South 30 feet of the 60.00 foot wide vacated alley lying between Blocks A and B. is in violation of Col ier County Code of Laws and Ordinances,Article VI,Sections 22-228(B)and 22-231, subsections 9, 11, 12i, 12p, 19b and 20 in the following particulars: Property maintenance and housing violations for a duplex that has been converted to four rental units without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41, it is hereby ORDERED: That the violat ons of Collier County Code of Laws and Ordinances,Article VI, Sections:2-228(B)and 22-231,subsections 9, 11, 12i, 12p, 19b and 20 be corrected in the following manner: 1. By correcting all property maintenance violation by providing light fixture or cover plate for exposed wires in ceiling of bedroom in Unit A,repairing exterior light fixtures for Units A and B,repairing role in interior wall for Unit B,repairirg damaged shower wall for Unit B,repairing kitchen window for Unit B,ensuring all electrical outlets have cover plates for Unit B,and providing operable smoke detector for Unit B by August 7, 2008. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 7,2008, then there will be a fine of$250 per day for each day until such time as the 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$91.40within 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 Orcler appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this C) day of ,2008 at Collier County, Florida. CODE ENFORC MENT BOARD COLLIER CO TY,FLORIDA BY: " A Richard AZ r ring,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(pV'day of _, 2008,by Richard Kraenbring,Vice-Chai.of the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or ✓ who has produced a Florida Driver's License as identification. .4:?.,":. KRISTINE HOLTON '',',',',.p,On, ie MY COMMISSION#DC 686595 NOTARY PUBLIC EXPIRES:June 18,2011 ,,,, 6cnded Thru Notary Pubic Underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Genel Bricius and Dieumila Faugue,3615 Boca Ciega Drive,#212,Naples,FL 34112 this C9 day of 2008. ' :date co F LORIIM /7 C._., 'b 7 ;ounty of COLLIER M. eaaawson,Esq. Florida Bar No.750311 I HEREBY CERTIFY THAT this Is a true en# Attorney for the Code Enforcement Board :orrect Copy of a aocument on file to 400 Fifth Avenue S.,Ste.300 Board Minutes and gecoras of Collier COUt1tY Naples,Florida 34102 N rgss my e ri'' Gia seaghiS (239)263-8206 "``aay:af "MI ,g. BRO .K,ettlitic OF COURTS Its i6 9 e 1 i1, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CEPM20080004430 Genel Bricius and Dieumila Faugue Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Genel Bricius and Dieumila Faugue, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080004430 dated the 7th day of April, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 31st, 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 Code of Laws and Ordinances, Article VI, Section 22- 231 Subsections 9, 12i, 12p, and 20 and are described as property maintenance violations for rental units located on this property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$91.40 incurred in the prosecution of this case. 2) Abate all violations by: Correcting all property maintenance violations by providing light fixture or cover plate for exposed wires in ceiling of bedroom in unit A, repairing exterior light fixtures for units A and B, repairing hole in interior wall for unit B, repairing damaged shower wall for unit B, repairing kitchen window for unit B, ensuring all electrical outlets have cover plates for unit B, and providing operable smoke detector for unit B. All property maintenance violations must be corrected by August 7th, 2008, or a fine of$250 a day until all violations are corrected. 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 F. Diane Flagg, Director Code Enforcement Department - . - 7 /3e1� � espondent , Date l Date REV 7/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Genel Bricius and Dieumila Faugue, Respondent(s) CEB CASE NO. CESD20080004919 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2-3 Notice of Violation 4-8 Copy of Applicable Ordinance 9-15 Deed 16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080004919 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BRICIUS, GENEL DIEUMILA FAUGUE, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermitted conversion of a duplex to a fourplex without first obtaining Collier County approval and all necessary Collier County Building Permits. LOCATION OF VIOLATION:2730 Pine ST Unit:A Naples, FL SERVED: BRICIUS, GENEL DIEUMILA FAUGUE, 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 n BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20080004919 Genel Bricius Dieumila Fauge, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR REARING 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) 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)of Ordinance 04-41,as amended, The Collier County Land development Code and section(s) 1.04.1.3.5 of the Code of Laws and Ordinances of Collier County,Florida 2. Description of Violation:Unpermitted conversion of a duplex to a fourplex without first obtaining Collier County approval and all necessary Collier County Building Permits. 3. Location/address where violation exists: 2730 Pine St,Naples FL 34112 4. Name and address of owner/person in charge of violation location: Genel Bricius and Dieumila Faugue / 3615 Boca Ciega Dr Apt 212,Naples FL 34112 5. Date violation first observed:April 2nd,2008 6. Date owner/person in charge given Notice of Violation:Notice of violation received by certified mail on April 186,2008 and Notice of Violation posted at property and courthouse on April 156, 2008. 7. Date on/by which violation to be corrected:Within thirty days of receipt of Notice of Violation.( May 19d`,2008) 8. Date of re-inspection: May 23rd,2008 9. Results of Re-inspection: Violation still 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 23rd day of May, 2008 Code Enforcementtigator STATE OF FLORIDA COUNTY OF COLLIER QQ e je, Swo • fir •farmed)and subscribed before this d y of/7 it ,2008 by i9S We'e Sc QC) • (Signature f Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC•STATE OF FLORIDA REV 3-3-05 '�.. Diana M. Hindall `•u', Commission#DD618572 •.,,,,,,.••'Expires: NOV. 29,2010 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known or produced identification Type of identification produced REV 3-3-05 Case Number:CESD20080004919 Date:Apr/14/2008 Investigator:Thomas Keegan Phone:239-252-2483 COLLIER COUNTY CODE ENFORCEMEN" NOTICE OF VIOLATION Owner: BRICIUS, GENEL DIEUMILA FAUGUE 3615 BOCA CIEGA DR APT 212 NAPLES, FL 34112 Location: 2730 Pine ST Unit:A Naples, FL 34112 Unincorporated Collier County Zoning Dist:RSF-4-BMUD-R4 Sec 11 Twp 50 Rng 25 Legal:Subdivision 855 Block B Lot 1 Folio 48730280000 OR Book 4189 Page 3426 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation (s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.1.3.5) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) 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: 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.: 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... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Illegal conversion of a dupel to a fourplex without first obtaining Collier County approval and necessarry Building Permits. 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 and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. 3. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE:Within thirty days of receipt of this Notice of Violation 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 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 Investi•-tor Signatur= (239)252-2440-Fax: (239)252-2343 Signature and Title of Recipient Printed Name of Recipient Dated: 70-Cle y_.../5----- (73g-' ,...-.. Page 1 of 1 UNITED STATES POSTAL SERVICEt Home I Help ,4 :4- 4 ■ ° 4•;,‘ ,444‘, , „ ITrack&Confirm Track & Confirm Search Results Label/Receipt Number:7007 1490 0001 0805 7775 Status: Delivered Track&Confirm '17:12:1:: Your item was delivered at 10:11 AM on April 18, 2008 in NAPLES, FL Enter Label/Receipt Number. 34112. 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No FEAR Act EEO Data FOIA http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 5/23/2008 AFFIDAVIT OF POSTING Respondent(s): Genel Briscius Code Case CESD20080004919 Dieumila Faugue CEB# 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, Thomas Keegan ,do hereby swear and affirm that I have personally posted the (Code Enforcement Official) above described document(s) for the above respondents at 2730 Pine St Naples, FL 34112 (Address) on - April 15,2008 , --- 1130 1St ,and at the Collier County Courthouse. (Date) (Time) ignature Investigator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 15th day of April 2008 .by 'omas Kee•• - (Name .M"" (Sir r. a ofNotaryPublic) (Print,type or stamp NOTARYI'UBLIC•Sin"-OF FLORIDA Commissioned name of Notary Public) ("111f".).- L'eLCi3 PIIiSe Comrssicn DD629723 Personally Known Expires: JAN. 16,2011 BONDED MU ATLANTIC BONDING Co,INC. Produced Identification Type of Identification Produced Affidavit of Posting Original to File Copy of Posted Notice and Pictures Attached 6/03 AFFIDAVIT OF MAILING huh .I,,lnihI iuhlnl,Ii,I„i Respondent(s): CESD20080004919 Code Case BRICIUS,GENEL CEB# DIEUMILA FAUGUE 3615 BOCA CIEGA DR APT 212 NAPLES FL 34112-6868 THE DESCRIPTION OF THE DOCUMENT(S)POSTED IS/ARE: (Check the applicable document(s) Notice of Violation Notice of Hearing ❑Notice of Hearing/Imposition of Fines ❑Citation ❑Notice to Appear ❑Code Enforcement Board Evidence Packet ❑Other: I, Delicia Pulse ,hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above,has been sent by First Class, U.S. Mail to the above respondent(s)at See Above Stated Address (Address) � I On this /5 day of 4(jC)Yi ( , 20 08 f Signature Customer Service Specialist Title - STATE OF FLORIDA _.- - COUNTY OF COLLIER Sworn to(qr affun}ed)and subscribed before me this 15 day of f4Or r 2008 ,by t)a • . ialtgyta n- i ature of Notary Public) T.v 01* oItt VS11,.4,2, C. 73915° (Print,type or stamp �lssiu C 07 201 Commissioned name of Notary Public) mires' D oc Personally Known ram Produced Identification Type of Identification Produced Affidavit of Mailing Original to File Rev 6/03 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 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- ment plan, or(2)if issuance of said development order of[orj building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 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 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. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property,construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. No. 2 LDC10:86 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 07-45, enacted May 22,2007. (Supplement No. 22) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY,FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE This Code constitutes a complete codification of the general and permanent ordinances of Collier County, Florida. In addition,part II of this Code is a compilation of special acts pertaining to the county. Source materials used in the preparation of the Code were the ordinances adopted by the board of county commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of in the disposition tables appearing in the back of this Code,the reader can locate any ordinance included herein as well as the subject matter of ordinances not included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage.Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus,the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles,may be placed at the end of the chapter embracing the subject, and, in the case of divisions,may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division.New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of •the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code,the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: TABLE INSET: CODE CD1:1 SPECIAL ACTS SA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CODE INDEX CDi:l Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself 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. *** 3979913 OR: 4189 PG: 3426 *** IICOIDID in OFFICIAL IICOIDS of COLLIII COMITY, FL Frcpared By.William R.Banyan 02/28/2007 at 11:0501 DWIGHT B. BIOCI, CLIII A.eriea■Heritage nu.arses.FL,i.e. COBS 500000.00 %%Beau Bach Road N2N! Usk'Springs,FL fie 10.00 Ba ,....\ i.eidmal to the issuance ofa title insurance policy. DOC-.70 3500.00 Fib Numb=1134 lets: Pared ID 1:167312800" ABIRICAW BIRITAGH TIM SW IL 9696 BOWITA BIRCH ID 1209 BOIITA SPRIIGS FL 34135 WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED,dated 02/21/2007 by HOMERE HYPPOLITE and JANISE HYPPOLITE,husband and wife„whose post office address is 4843 DEVON CIRCLE,NAPLES,FL 34112,hereinafter called the GRANTOR,to GENEL BRICIUS and DIEUMILA FAUGUE,husband and wife„ whose post office address is 3615 Boca Ciega Drive#212,Naples,FL 34112 hereinafter called the GRANTEE: (Wherever used herein the terms'Grantor and'Grantee'shall include all parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR,for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the GRANTEE,all that certain land situate in COLLIER County,FL,viz: v,RCOU All of Lot 1 and the North 33.75 --'s. .4 2, Block :44.e EMAN RIVER SUBDIVISION, according to the plat thereof,reco , •lot Book 2,Page(s) :+,o ■e Public Records of COLLIER County,Florida,together with , ,tJr3OYeet of the ..1.00 f,•t w .e vacted Alley lying between blocks A and B. - - n �\ SUBJECT TO covenants,conditions, ,'.:o- -. •` afi, 1: : em.,.- and agreements of record,if any, taxes and assessments for the year 2006:... ,. .. : .1, to all ..1i-:_: 'zoning ordinances and/or restrictions and prohibitions imposed by governor ., ortties,i any. ' TOGETHER with all the tenements,hexed `• :is and appurtenan - :t= .nging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee s' . :, V- ITE C C\ AND THE GRANTOR hereby covenants with said G' •I` at except as above noted,the GRANTOR is lawfully seized of said land in fee simple;that the GRANTOR has good,right and lawful authority to sell and convey said land; that the GRANTOR hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,GRANT*t as signed and sealed these presents the date set forth above. SIGNED IN THE PRES% a+ I. ��OWING WITNESSES: e,� � Sigma �L.� �ii/I I - % Print Name: 1 1 lMM . :177 ' ' •OLITE Signature: _ ice` r—"�,/ iQ, Print , f/l L.e - 4/77 z JANitSi POLITE STATE OF Florida COUNTY OF COLLIER t THE FOREGOING INSTRUMENT was acknowledged before me this 21 S'T 1, ,)F t 2461y HOMERE HYPPOLITE and JANISE HHYPPOLITE,husband and wife,who is/are .. -. ally'no . . o o has/have produced t l/eg.t S 14 eu/F$as identification. (SEAL) ` '.�� ,yc WLMSLUw„m Notary Pu Te -- i MY OOIAAIBBICdaposakea --a-,‘, 61011111.0116.ftekusbere 1i COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080004919 Board of County Commissioners, Collier County, Florida vs. Genel Bricius Dieumila Fauge Violation of Section(s) 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)of ordinance 04-41, as amended, The Collier County Land Development Code and section(s):104.1.3.5 of the Code of Laws and Ordinances of Collier County, Florida Thomas Keegan, Code Enforcement Official Department Case No. CESD20080004919 RECOMMENDATION: DESCRIPTION OF VIOLATION: Unpermitted conversion of a duplex to a fourplex without first obtaining Collier County approval and all necessary Collier County Building Permits located at: 2730 Pine St,Naples FL 34112. That the CEB order the Respondent to pay all operational costs incurred in the amount of $ in the prosecution of this case within thirty days of this hearing and abate all violations by: RECOMMENDATION: 1. Applying for and obtaining all Collier County " After — The — Fact" Building ------- - Permits for all non permitted improvements, must execute all issued permits so as to obtain all required inspections, through to issuance of a certificate of Occupancy 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 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 within twenty four when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 , c,e. cecc_c( 8/<I/08 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.CESD20080004919 vs. GENEL BRICIUS AND DIEUMILA FAUGUE, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,and the Board,havin€,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 Genel Brizius and Dieumila Faugue are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,did not appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2730 Pine Street,Unit A,Naples,FL,Folio 48730280000,more particularly described as all of Lot 1 and the North 33.75 feet of Lot 2,Block B,HALDEMAN RIv ER SUBDIVISION,according to the plat thereof,recorded in Plat Book 2,Page 87,of the Public Records of Collier County,Florida,together with the South 30 feet of the 60.00 foot wide vacated alley lying between Blocks A and B.was in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(I)(a)and I0.02.06(B)(I)(e)and The Code of Laws and Ordinances of Collier County, Florida,section 1.04.1.3.5 in the following particulars: Unpermitted conversion of a duplex to a fourplex without first obtaining Collier County approval and all necessary 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 violet!ons of Collier County Ordinance 04-41,the Land Development Code,as amended,sections l 0.02.06(B)(l)(a)and 10.02.06(B)(1)(e)and The Code of Laws and Ordinances of Collier County, Florida,section 1.04.1.3.5 did exist,but the County withdrew the case for enforcement. 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 lVL- day of ,2008 at Collier County, Florida. CODE NFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: (kitio , Richard 16. ring,Vice-Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this�9 day of 2008,by Richard Kraenbring,Vice-Chair o the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. ,.,is7;. MY COKRI$ MMI71SSNIEOiL N# DO86.9, 1-'1 � - ;_ _. EXPIRES:June 18,tot t NOTARY PUBLIC 1 0;°• Bonded ThrW Notary PuNicUndav,Item 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 Genel Bricius and Dieumila Faugue,3615 Boca Ciega Drive,#212,Naples,FL 34112 this LQ 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 Mate of ELORlUA ;cum of COLLIER I HEREBY CERTIFY THAT this Is a true an :orrect copy of a dec 'tats oc file in Board Minutes arnMeores.orCollier Cow `NV `Q8 m It o.agd m , t t: .,,I this L5 y I BRt K+ ERK OF COURTS ®.,�.w, ITT. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Robert and Jeanie Ankney.,Respondent(s) DEPT No. 2007050259 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4-14 Deed 15-16 • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007050259 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ANKNEY, ROBERT AND JEANIE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement of Property without Collier County Building Permits. LOCATION OF VIOLATION:6061 Painted Leaf LN Naples, FL SERVED: ANKNEY, ROBERT AND JEANIE, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents,witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE /_ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.2007050259 Robert&Jeanie Ankney,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)2004-41 As Amended,the Collier County Land Development Code. Sections 10.02.06(B) (1)(a), 10.02.06(B)(1)(e)(i). Not obtaining the authorization of the required building permit(s),inspections,and certificate(s)of occupancy. Also,Collier County Code of Laws and Ordinances,Section 22,Article II,Section 106.1.2.No required inspections or final inspection requested,or certificate of occupancy issued.Also,Florida Building Code 2004 Edition, Section 105.1.Any owner who intends to construct,enlarge,alter,repair,move,or change occupancy of a building or structure,shall first make application to the building official and obtain the required permit. 2. Description of Violation: Improvement of property without valid Collier County Building Permits. 3. Location/address where violation exists: 6061 Painted Leaf Lane,Naples,Florida 34116 4. Name and address of owner/person in charge of violation location:Robert&Jeanie Ankney n 5. Date violation first observed:May 21,2007 6. Date owner/person in charge given Notice of Violation: May 21,2007 7. Date on/by which violation to be corrected:July 21,2007 8. Date of re-inspection: August 17,2007 9. Results of Re-inspection:Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist, that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 4 day of February, 2008 L/1/"Z7(401/e Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 4 day of February ,2008 by ED Morad • c9 (Si_il afore of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificatio duced _.. `_'PTA'-- ' °''"--~- REV 3-3-05 ii. e BONDI,_.._ 0 . Case Number 2007050259 COLLIER COUNTY CODE ENFORCEMENT /` f Building Permits,Administrative Code& Other Permit Requirements NOTICE OF VIOLATION /1spondent Robert&Jeanie Ankney Date: 5/21/07 Investigator: Ed Morad Phone: 239-403-2441 Zoning Dist Estates Sec 29 Twp 49 Rng 26 Mailing: 6061 Painted Leaf Ln Legal: Subdivision Golden Gate Estates Unit 30 Block Lot TR 41 Naples F134116 Location: 6061 Pained Leaf Ln Folio 38163440003 OR Book 1938 Page 123. - Unincorporated Collier County Violation; Pursuant to Collier County Code Enforcement Board Ordinance Violation(continued): 2007-44,you are notified that a violation(s)of the following codes exist Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 13105.1 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-of-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work 1 1310.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project. structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. []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 ❑of building(1)(e) Improvement of property prohibited prior to issuance regulated by this code for which a permit is required,until released by the of building permit. No site work,removal of protected vegetation,grading, building official. improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed Other Ordinance/Narrative: requires a building permit under this land development code or other �� 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 pennit(s). Order to Correct Violation(s): Collier County Code of Laws and Ordinances Section 22,Article II ®Must be in compliance with all Collier County Codes and Ordinances. 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, constitutes a hazard to safety or health, are considered unsafe buildings or Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate of occupancy/completion OR demolish described hereby declared illegal,etc improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe 0103.11.2 Physical Safety[pools]. Where pool construction commences prior building/structure/systems: OR remedy violation by means of permitted to occupancy certification of a one or two family dwelling unit on the same demolition of same. property,the fence or enclosure required shall be in place at the time of final building inspection....Where pool construction is commenced after occupancy Violation(s)must be CORRECTED BY: July 21,2007 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 Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1)_ Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.135 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. removal, well construction, approved site development plan, filling, re- .C--(1-(--p 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 spondent's Signature Date not limited to, excavation pile driving (excluding test piling), well drilling, s-Z7_07 formwork,placement of building materials,equipment or accessory structures �y�C �� and disturbance or removal of protected species or habitat,etc. Investigator's Signature Date Section 106.1.2 Certificate of Occupancy. 13106.1.2 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 Case Number 2007050259 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION f(r I Robert Ankney , property owner of 6061 Painted Leaf Lane. Golden Gate Estates, agree to comply with Collier County Codes and Ordinances. I will obtain permits, inspections, and certificate of completion or certificate of occupancy, for all additions/improvements to my property , or obtain a Collier County demolition permit and remove all improvements/additions within 3 months of the signing of this document. I will personally address any revisions/rejections, from any permit review person(s) or department(s). If needed I will also obtain any variances. I will be responsible for tracking the permit process and variance process until completion and issuance of the permit, pass all inspections and obtain a certificate of completion or certificate of occupancy. If failure to obtained the permit within the three month time frame, I understand the case will be presented at the Collier County Special Master Hearing or the Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. �({ ! , t e Zoo? Investigator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION (� Tallahassee,Florida 2004 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 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any;the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be Supp.No. 2 LDC10:85 -� 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. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of 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 R CODE OF LAWS AND ORDINANCES . OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners MUNICIPAL CODE CORPORATION (� Tallahassee, Florida 1994 a (b) There are more than seven (7) units on one (1) floor. (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start of insulation on large commercial jobs. (e) Underground electric, sewer or water piping where cave in is of concern. (f) Under slab work. (g) Buildings with three (3) or more floors for fire rating of ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal of the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled 'Building.Inspections -As-Built survey,"to read as follows: 105.6.1. It is the duty of the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the finished floor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same if all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time of inspection, a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. If accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection, then the permit holder shall be subject to a re-inspection fee. Section 106.1.2 entitled "Issuing Certit7cate of Occupancy,"is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for !n each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code. Section 106.1.3 entitled 'Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy," is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two or more sets of detailed plans or a general inspection, or both, may be required.When, upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, the Official Zoning Map Atlas with the wind speed lines overlayed in one mile-per-hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. Secs. 22-28--22-80. Reserved. /, Florida Building Code 2004, Building c r -fix "FLORIDA 7 ;BUILDING E"1'Eli —_ i1; , DE scta. C IaTE Ak , i ',11171 Hating 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. /9 Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope,"is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non-technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title,"is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire,"which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such • buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance,"which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and /2 SU(:l'UN 1 UJ 1i KMI l S rage 1 or / SECTION SECTION 105 PERMITS 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical, plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary.An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. ^ 105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 105.1.3 Food permit As per Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code. Permits shall not be required for the following: Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. http://ecodes.iccsafe.org/icce/Qatewav.dll/Florida%20CustomBuild2004 FL/3/R?f=temn1a._. 1/2R/2(1(1R /Ji /—■ ■ 01813046 94APR22 1M1:16 .001938 001235 COWER COUNTY - RECORDED OR BOOK PAGE I'ke, . 94030039 . pRiA 1L�. b DOC THIS su1RRBETY DEED MADE THE 19TH day of APRIL , A.D. 1994 by iND JEFFREY COHEN AND MARTHA COHEIN • HUSBAND AND WIFE 144e.5oo00 hereinafter called the grantor, to ROBERT ANENEY AND JEANIE ANENEY , HUSBAND AND WIFE 1 whose post office address is: 6061 28th AVENUE, S.W., NAPLES, FL 33999 ' hereinafter called grantee: 1 WIZN8S6E'TR: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, reCeiptewheSeeotaises, hereby acknowledged, hereby grants, grantee, all that certain land- situate releases, conveys and confirms unto the situate in COLLIER County, Florida,: THE EAST 150 FEET OF TRACT 41 GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT ',.-+r• O .--';. IN PLAT BOOR 7, PAGE 58, OF THE YUBLICR¢�p "I FLORIDA. IS1 iQ U SUBJECT TO- d'ax'E, for 1994, and aubsequen' a .ot yet due and . .. payable. �.J rn.. 1 ty' •. zoning -�•• us trictio Deed ve -.tali - thorities, �- and res riot - --.;entente w t- the = 'vision. v• • ,.„ s. -,t-�T""` . .'• app enances �� there.. 1 . ... in ;p.. .g 1, TO 0 •- -sae1 fee ape e f revs AND - -. or h- -, Co - '""- wit. - •-g that the granto a Aawfully seized of said in si hat the i granto right and lawful au ity o e-. convey said land; grantor hereby fully is t•- to said land and will the same against the al 1 all persons Iwhemsoeve that said land is free o 1A(. ' .cee• except • tames ac-. - 'g - -quent to December 31, L INN :,:• _ the said gran ' N -•ed and sealed these ..presents the •- ?• . ...- i C •._— ' � 4::., sip _.A'i . X751,: itCr i MAKE :Z./i gin .�� i1 - w ,If.R8ATURB ' (1.l�,X , :I brewed i Ilfa_ri Nocseatary Stag Tax ' heeled I Clan•C'Intangible • 1}4 Personal Property Tax .1 BYI .!ROCK CLERK CIRCUIT COURT - `i BY L.C. - ,1 • e4r1.9/94 12119 PCTIDN TITLE 774057 17043697EGSD797 ND.215 e003 001938 00123$ al BOOK PAGE STATE OF Atf+heGrOlifiG. COUNTY OF fYbenn I HEREBY CERTIFY THAT ON THIS DAY, BEFORE ME, AN OFFICER DULY AUTHORIZED TO ADMINISTER cams AND TAKE ACKNOWLEDGMENTS, PERSONALLY APPEARED JEFFREY COHEN AND MARTHA COWER , AND WIFE KNOWN TO ME TO BE THE PERSON(S) DESCR/BED IN AN WHO EXECump THE romorpc INSTRUMENT, WHO ACKNOWLEDGED BEFORE ME THAT THEY EXECUTED THE SAME, AND (VI WHO IS PERSONALLY KNOWN TO ME, OR ( ) WHO HAS PRODUCED AS IDENTIFICATION, AND I ( ) WHO DID OR (.1 DID NOT TAKE AN OATH. WITNESS MY •L 'olirrelt)-:- ON THIS 19TH DAY OF APRIL. 1994. • dt)'' CP / A. -• N. •rr- df .• ' 116,11 /(SEAL *-,COMMIES • ■••IRES: I LIT 1 0 I_110 THz: 38. 17, PREPARED BY: 42) • I ACTT•, SERVICES tc;) 2272 S 477... ROAD, SUITE 102 NAPLES, - --2 • . , 11111!4., 2E C•19-C • • • yrrifte4 If L*!fICEA Am.-ft A IFR MOTT.FLORIDA maragt g hasa„Ci.EAK • • • - . • " •^' r0 /( / `X y/ ,/TS, Case Number 2007050259 7 / COLLIER COUNTY CODE ENFORCEMENT /" ' Cam tun _� �,JJZBuilding Permits,Administrative Code& Other Permit Requirements 4°'t`- p 2 e /74/0e NOTICE OF VIOLATION Respondent \Robert&Jeanie Ankney Date: 5/21/07 Investigator: Ed Morad Phone: 239-403-2441 Zoning Dist Estates Sec 29 Twp 49 Rug 26 Mailing: 6061 Painted Leaf Ln Legal: Subdivision Golden Gate Estates Unit 30 Block Lot TR 41 Naples Fl 34116 Location: 6061 Pained Leaf Ln Folio 38163440003 OR Book 1938 Page 123. Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance Violation(continued): 2007-44,you are notified that a violation(s)of the following codes exist: Florida Building Code 2004 Edition Ordinance 2003-37 Collier County Right-of-Way Ordinance Section 105.1 Permit Application ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, 131105.1 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-of-way maintained by Collier County within the boundaries of any convert or replace any electrical,gas,mechanical or plumbing system,the municipal corporation, without first obtaining a permit for such work, etc. installation of which is regulated by this code,or to cause any such work to (Also found in Section 110,Article II of the Collier County Code of Laws be done,shall first make application to the building official and obtain the and Ordinances,Section 110-31) required permit. Ordinance 04-41,as amended,Land Development Code,Sec.10.02.06(B)(1) Section 105.7 Placement of Permit Building or land alteration permit and certificate of occupancy 0105.7 The building permit or copy shall be kept on the site of the work 010.02.06(B)(1)(a)Zoning action on building permits...no building or until the completion of the project. structure shall be erected, moved, added to, altered, utilized or allowed to exist...without first obtaining the authorization of the required building Section 111.1 Service Utilities permit(s),inspections,and certificate(s)of occupancy,etc. 0111.1 Connection of service utilities. No person shall make connections ( )( )( ) p property p p from a utility,source of energy,fuel or power to any building or system that is 010.02.06 B 1 e Improvement of 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): Collier County Code of Laws and Ordinances Section 22,Article II 2)Must be in compliance with all Collier County Codes and Ordinances. 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, Apply for and obtain all permits required for described electrical,gas,mechanical,or plumbing systems which are unsafe,unsanitary, structure/improvements: OR remove said structure/improvements, or do not provide adequate egress,or which constitute a fire hazard, or are including materials from property and restore to a permitted state. otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or ®Must request/cause required inspections to be performed and obtain a service systems. All such unsafe buildings,structures or service systems are certificate of occupancy/completion. OR demolish described hereby declared illegal,etc improvements/structure and remove from property. 0103.11.2 Physical Safety[pools]. Where pool construction commences prior ❑Must effect or cause, repair and/or rehabilitation of described unsafe to occupancy certification of a one or two family dwelling unit on the same building/structure/systems: OR remedy violation by means of permitted property,the fence or enclosure required shall be in place at the time of final demolition of same. building inspection....Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the Violation(s)must be CORRECTED BY: July 21,2007 fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with Failure to correct violations may result in: completion of the required fence or enclosure, temporary fencing or an 1)_ Mandatory notice to appear or issuance of a citation that may result in approved substitute shall be in place,etc. fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per 0104.13.5 Prohibited Activities prior to Permit Issuance. A building permit day per violation, as long as the violation remains, and costs of (or other written site specific work authorization such as for excavation,tree prosecution. removal, well construction, approved site development plan, filling, re- S^.-r 4-`O r) 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 pondent's Signature Date not limited to, excavation pile driving (excluding test piling), well drilling, formwork,placement of building materials,equipment or accessory structures L5-7Z/-a7 and disturbance or removal of protected species or habitat,etc. Investigator's Signature Date Section 106.1.2 Certificate of Occupancy. ®106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection,the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted,...with the provisions of this Code. Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev06/16/06 --PC2r9 z Case Number 2007050259 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION SUPPLEMENTAL INFORMATION I Robert Ankney , property owner of 6061 Painted Leaf Lane. Golden Gate Estates, agree to comply with Collier County Codes and Ordinances. I will obtain permits, inspections, and certificate of completion or certificate of occupancy, for all additions/improvements to my property , or obtain a Collier County demolition permit and remove all improvements/additions within 3 months of the signing of this document. I will personally address any revisions/rejections, from any permit review person(s) or department(s). If needed I will also obtain any variances. I will be responsible for tracking the permit process and variance process until completion and issuance of the permit, pass all inspections and obtain a certificate of completion or certificate of occupancy. If failure to obtained the permit within the three month time frame, I understand the case will be presented at the Collier County Special Master Hearing or the Collier County Code Enforcement Board. I understand fines will be imposed along with an operational cost. R •e• :04 Date l �7, 2c-u) Investigators Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting Rev9/03 o9os-tri Irving M. Addis, P.A. A.R. 00091 1c1 t 6322 Presidential Ct. Ft. Myers, FL 33913 239.489.1455 ' ' 1 r" r 13/ September 6, 2001 , ;`•, A J ♦� " - 7 Collier County Code Enforcement Re: Ankney Residence AID fit' ? 6061 28th Ave. S.W. Sir, On Wednesday, August 29, 2001 an extensive inspection was performed at the above site to determine code compliance at time of construction, Some of the specific items inspected were as follows: 1. Truss anchors - both CBS 4 Frame 2. Truss installation 3. Underside of roof sheathing (attachment to truss) 4. Insulation 5. Installation of windows 4 doors 6. Electrical panel 4 general electrical fixture installation 1. Plumbing fixture installation S. Frame construction of enclosed pole barn 9. General overall appearance of structures in question Based upon a thorough visual inspection of the materials and completed work we can with reasonable certainty say that this project has been constructed according to the requirements of the applicable Florida Building Code in effect at the time of construction. In addition, both myself, as the Architect of record, and the owner, shall hold Collier County harmless and without fault from any action arising from this.project, I trust this will satisfy the requirements of the Collier County Code Enforcement Dept. If you need any thing further, please do not hesitate to contact our office. Thank you, te--4; 1:NtSk14•40444, Irving M. Addis, rg4itect A.R. 00091 19 Details Pag c ................................_.._.... ........ New Search Property Record Aerial Sketches EasySketch II CI Zoom In II to ;,,'�t,�'� cPc APC CP('/%� ` 'y 480 960 480 19 .1.211 CPC Colic Zoom Out 7 84 28 483 40 4 gri 24 34 28 DIRT C ONC DIRT Fit to Height 14 11 CONC ( 160 12 24 12 Fit to Width 18 1, = POOL-4� 6X31 1 + 1 2569 Print 1 . NI S 14 STS,70 i __ 196 88 24 ALSP 552 1 23 V` C7P�90 . '8 10 1 +1 1.036 Details: File:38163440003xml Area Summary. Code Description Area Adj. Area 1+ 1 Ease Living Area 2569 2569 +1 Base Living Area 1036 • 1036 OP 10 Open Porch 10% 28 3 STOR 70 Storage Area 701 .196 137 CP 90 Closed Porch 901 72 65 I•••' SP 40 Screened Porch 401 514 206 SD 10 San Deck 10% 203 20 4618 4036 Comments: I 1 http://www.collierappraiser.com/RecordDetail.asp?Map=&FolioID=0000038163440003 5/8/2007 _, ,./ : ..441 r i . ., . ,.. ,N:. ..,, . , —T t s - , ' l- 11-1 11 i y far f ppm * i �' {1 } .] 1,11 * ''{ f -i .t i k. i 1 -.1 ' 1 - _ _ e _-.. !f ,'t.a.y t p t ' = a - ,----t _ - 1-_ ¢ '�•f 4 i ; .t r •3 9.- r. '' ' t �s _ v: i. l ' f it - r t tt tt r ; i ] • ri/ X11 ; t !,3 _ 1 ., - -• ' , : \ '"r ' i -- • _B/ '� per i- -----_'-- l \\ 4. k ••.1.�" .f '• ` ., •' 9,q� i .. 7-.1, T µ ' f. 'J t _ .. Z ;:t1 A` Y. f "v ..i1-�. '......C;,--', €Y7 {� 4i.7 tiff 4 1t3 Y3t 7. :i.. .`t1* \ - • it a.. f awn }� -.�-4;•�, t}•/ Z.�YY F Ji' : v=.ff ,e b} '• ,t x J\ _• x Y xvi i 'r - !Gi�+k - - aF�5' t u' 4 ' \ %- �t. ti _ t - Y ��- ' /� r .� te' _ 'Y' - + 4o- Y Rl . ` CLLR '( 5( < < (ob CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. 2007050259 vs. ROBERT AND JEANIE ANKNEY, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31,2008,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 Robert and Jeanie Ankney 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6061 Painted Leaf Lane,Naples,Florida,Folio 38163440003,more particularly described as the East 150 feet of Tract 41,GOLDEN GATE ESTATES,Unit No.30,according to the Plat thereof,of record in Plat Book 7,Page 58,of the Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.6(B)(1)(a)and 10.02.06(B)(I)(e)(i)and the Collier County Code of Laws and Ordinances,Section 22,Article II,Section 106.1.2 and Florida Building Code 2004,Section 105.1 in the following particulars: Improvement of property without valid Collier County Building permit. 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 10.02.6(B)(1)(a)and 10.02.06(B)(1)(e)(i)and the Collier County Code of Laws and Ordinances,Section 22, Article II,Section 106.1.2 and Florida Building Code 2004,Section 105.1 be corrected in the following manner: 1. By obtaining permits,inspections,and certificate of completion or certificate of occupancy for all addition/improvements to property within 60 days(September 29,2008). 2. In the alternative,by obtaining a Collier County demolition permit and removing all improvements/additions within 60 days(September 29,2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 29, 2008,then there will be a fine of$100 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 29, 2008,there will be a fine of$100 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$89.75 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( f day of(,�,1 ,2008 at Collier County, Florida. `" U CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: otto `� Richard Kra ing,Vice-Chair 2800 North seshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this l day of 2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. Kr,,,,,, KSIN =.• • s*� COMMISSION##DD DD MY COMM 6 86595 6 EXPIRES:June 18,2011 NOTARY PUBLIC 144.,y Bonded thru Notary Public Undo/mars 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 Robert and Jeanie Ankney,6061 Painted Leaf Lane,Naples,FL 34116 this LI ' day of() ,2008. /2 ) M.Jean son,Esq. 13'x';° Florida Bar No. 750311 State of FLARIUA ,c ' Attorney for the Code Enforcement Board oumy of COLI,JER .' rr '' 400 Fifth Avenue S.,Ste.300 i HEREBY CERTtFT THAT#his!s a Naples,(239)263 3 06 34102 ;orrect copy of a (*utter*on file -82206 Board Minutes and Records of Coffer bounty ASMESS my ha d atfd fticiat a# his +gay of WI E. BROCK, LERK OF COURTS 01, DA _,....�._,.. 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: 07/31/2008 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 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. 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. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-68 vs. o a WILLIE L.AND MARJORIE DAVIS, CO CO. Respondents P. Pa C-.) ° FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD cY, C`.11 THIS CAUSE came on for public hearing before the Board on August 23,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its xFindings of Fact, Conclusions of Law, and Order of the Board,as follows: Pa .7 te-. o " FINDINGS OF FACT m I. That Willie L.and Marjorie Davis are the owners of the subject property. A Pa ' 5 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the A Respondent,having been duly notified, appeared at the public hearing,and entered into a Stipulation, which was amended. H ES U 0 3. That the Respondents were notified of the date of hearing by certified mail and by personal service. o 4. That the real property located at 6222 Lee Ann Lane,Naples,Florida 34109,Folio 00247200003 more particularly described as (see attached legaI), of the Public Records of Collier County,Florida is in violation of Pa Collier County Ordinance 04-41,the Land Development Code,as amended, Section 10.02.03 in the following o particulars: CO CO o 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. PV CI ORDER OF THE BOARD 0 CO Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended, which Pa is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier i~ cz County Ordinance No. 04-41,it is hereby ORDERED: C7 N Cl 0: t� a as x That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended, Section ix V H Pa 10.02.03 I E be corrected in the following manner: n 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--a 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this case in `'') the amount of$578.09 within 30 days. , in-a Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of t..1:=• the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate tt` review of the record created within. Filing an Appeal shall not stay the Board's Order. C V "y DONE AND ORDERED this a, day of all ,2007 at Collier County, C4 Florida. Q CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this&1 day of < 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,w s personally known to me or \/ who has produced a Florida Driver's License as identification. i "y, CHRISTINA L URBANOWSKI �� -.01 .. MY COMMISSION#DD 241717 i ' �1� .4.K..) t�j �� y.�`.;< EXPIRES:November 22,2007 NOTARY P :LIC 1 ` BondeidThniNotaryPut*Underwriters My commission expires: Slate of i.i ORIL:A ,'rourryr of COWER I HEREBY CERTIFY THAT this is a true and co€ro t coy of a,op purianz 01 iiie Board !r.t s,an evoraS' (Colli^r Co t WITNESS t j1!% t pGo1 Glb{;seal this aCk do 6C4 26.67 DWIGHT E ,Q h „CE K OF COURT CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER*been sent by U. S.Mail to Willie L. and Marjorie Davis,4971 22nd Avenue S.W.,Naples,Florida 34116 this Z$ day of/3,511_,2007. /77 M.Jean Rawson sq. Florida Bar No.' 50311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 CX2, (239)263-8206 c+'-s cJ = C BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-68 Dept. Case NO. 2003060142 Willie L. Davis and Marjorie Davis, Respondent(s), 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) number 2003060142 dated the 6TH 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 As Amended, Collier County Land Development Code; replaced by section(s) 10.02.03 of 00 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). 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: / r 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 (€05 days from the date of this hearing or pay a fine of$200.00 per day until this requirement is met. i So 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. ems `�. �' Oezz• Res ondent__ Michelle Arnold, Director _ Code Enforcement Department REV 2/23/06 r g c/ /� _�_ /_ 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 23rd, 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 - p u b li c records of Collier County,Florida in OR Book 4276 PG 3182, et. seq. - 2. That the respondent El not contact the investigator. 3. That a re-inspection was performed on 5/ 1//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 206,2008. FURTHER AFFIANT SAYETH NOT. Dated5/2/,2008. COLLIER CO , . ORIDA - COD: ENFORC I NT BOARD KitTar. Snow WI- 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. j (Sign e of Notary Public) (Print/Type/Stamp Commissioned NOTARY PUBLIC-STATE OF FLORIDA " R.A. Van Sickle Name of Notary Public) Commission#DD618488 " • Expires: NOV.29,2010 ,-"N Personally known BONDED U ATLANTIC BONDING CO.,INC. � TI Rev 1/9/2008 7 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Anthony Gualario CEB No. 2007-94 DEPT No. 2007010973 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: 2007010973 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GUALARIO, ANTHONY, Respondent(s) NOTICE OF ADMINISTRATIVE PROCEEDINGS IMPOSITION OF FINES/LIEN PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date, time, and place for the violation below: DATE: 07/31/2008 TIME: 9:00 AM PLACE: 3031 Tamiami Trail East Bilding F, Naples, FL 34112 VIOLATION: Attic area of structure converted into office space without first obtaining proper Collier County requred permit(s) and inspections through the issuance of a Certificate of Occupancy/Completion. LOCATION OF VIOLATION: 107TH ST Bonita Springs, FL SERVED: GUALARIO,ANTHONY, Respondent John Santafemia, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 48800,ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE E AVAILABLE IN THE COUNTY COM SS ONERS'OFF CE EAST TAMIAMI TRAIL,NAPLES FLORIDA COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2007-94 DEPT CASE NO. 2007010973 Board of County Commissioners vs. Anthony Gualario, Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41 Sec. 10.02.06(B)(1)(a) & Sec.10.02.06(B)(1)(e)(i) of Collier County Land Development Code and Sec.106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II and Sec. 105.1 of the Florida Building Code. Location: Bonita Shores Unit 2 Blk-2, Lots 1-5, Sec. 05, Twp. 48, Rng. 25 aka 10 7th Street Naples, FL 34134, folio#24535360007 Description: Attic area of structure converted into office space without first obtaining proper Collier County required permit(s) and inspections through the issuance of a Certificate of Occupancy/Completion. Past Order(s): On September 27, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Orders of the Board, OR 4289 PG 3920 and OR 4347 PG 0606, for more information. The Respondent has complied with the CEB Orders as of September 27, 2007 RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 2,100.00 See below. Order Item# 1; Order Item #2 Fines at a rate of$ 100 per day for the period between May 24, 2008-June 13,2008 (21 days) for the total of$ 2,100.00. Order Item#5 Operational Costs of $373.54 have been paid. Retn: 4080903 OR: 4289 PG: 3920 CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RR FEE 21.40 2800 N HORSESHOE DR 10/08/2007 at 08:47AM DWIGHT B. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-94 vs. ANTHONY J. GUALARIO, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on September 27,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Anthony J. Gualario is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing,and entered into a Stipulation.. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10 7th Street,Naples,Florida 34134,Folio 24538360007,more particularly described as Lots 1,2,3,4,and 5,Block 2,of that certain subdivision known as Bonita Shores,Unit 2, according to the map or plat thereof recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 3,Page 43 is in violation of Collier County Ordinance 04-41,The Collier County Land Development Code,as amended,section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i),the Collier County Code of Laws and Ordinances,section 106.1.2, ; Section 22,Article II and section105.1 of the Florida Building Code 2004 Edition in the following particulars: Attic area of structure converted into office space without first obtaining proper Collier County required permits and inspections through the issuance of a Certificate of Occupancy/Completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation,as amended,which is attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violation of Ordinance(s)2004-41 Sec. 10.02.06(B)(1)(a)&Sec.10.02.06(B)(1)(e)(i)of Collier County Land Development Code and Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section22, Article II and Sec.105.1 of the Florida Building Code be corrected in the following manner: OR: 4289 PG: 3921 1. By securing all building or demolition permits and executing through inspections to Certificate of Occupancy/Completion within 90 days(December 26,2007). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 26, 2007,then there will be a fine of$100 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$373.54 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 3 day of CO c.4-,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA i BY: ±1, Gerald LeFe.v Vice h./ 2800 North Horseshoe Drire Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of C. 2007,by Gerald LeFebvre,Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or , who has produced a Florida Driver's License as identification. ' KRISTINE HOLTON _i4� v:P •O'•. .del A ' =4 ,. MY COMMISSION#DD 688595 NOTARY PUBLIC "` EXPIRES:June 18,2011 '•'rr,II;: Bonded Thru Nota y Public Underwriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER s beep sent by U.S.Mail to Anthony J. Gualario,551 Neapolitan Lane,Naples,FL 34103 this day of ' ,2007. Stare 01 F tOR1Uft M.Jean Ra s��o ,Esq. :ounty of COLLIER Florida BarXo. 750311 Attorney for the Code Enforcement Board I H ERE$Y.GEF9 f re 400 Fifth Avenue S.,Ste.300 i THAT this Is a true S�>di Naples,Florida 34102 ccrrec c py,Dt a`cto t ment on o file t:t (239)263-8206 Board`Minutes ar ,PeLcrc of Colder County ° +ITi4ESS clay hp,. inJ 0 iic11 sell this W E BROCK ILER< O CaU • uvr�r�u ur L,UUN I Y COMMISSIONERS,` Collier County, Florida OR: 4289 PG, 3922 Petitioner, Vs. CEB NO. 2007-94 Anthony J Gualari o DEPT NO. 2007010973 Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, �1tb on behalf of himself or as representative fo Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007010973 dated the 22nd day of January, 2007. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 27, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s)l10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) of the Collier ' -- County Land Development Code 2004-41 as amended (and) Sec. 106.1.2 of Collier County Code of Laws and Ordinances Section 22, Article II (and) Sec.105.1 of the Florida Building Code 2004 Edition and are described as conversion of attic area of structure from storage space to living space prior to obtaining a valid Collier County permit, inspections and Certificate of Occupancy/Completion. • THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$373.54 incurred in the prosecution of this case. 2) Abate all violations by: a) Appling for all required Collier County building permits within 14 business days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. b) Must obtain all required Collier County building permits and execute said permits through inspections to Certificate of Occupancy/Completion within 60 days of issuance date of permits or a fine of$100 per day will be imposed for each day the violation continues. OkOei5 c) Alternatively, respondent may restore attic area back to its original permitted use of storage by obtaining a demolition permit within 14 business days of this hearing and executing said permit through inspections to Certificate of Completion within 30 days of this hearing or a fine of$100 per day will be imposed for each day the violation continues. 3) Respondent must notify *ode Enforcement that the violation has been abated and request the Investigator o c• e out - d perform a site inspection. Respond: Michelle Arnold, Director Code Enforcement Department REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-94 vs. ANTHONY J. GUALARIO, Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 27,2008,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondent is granted an additional 60 days from March 24,2008(May 23,2008). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2.1L2P day ofatoA `,2008 at Collier County, Florida. CODE ENFORCEMENT B•ARD COLLI R COUNTY.F • D Ste' BY:alit.�.._ erald LeFeb',Ch.Tr 2800 North orseshoe D�'e Naples,F)•rida 34104 4149442 OR: 4347 PG: 0606 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/08/2008 at 11:22AM Di(IGHT B. BROOK, CLERK REC FEB 18,50 Retn:INTER OFFICE CODE ENFORCEMENT B MARKU 252 5892 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007-94 DEPT CASE NO. 2007010973 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner VS. ANTHONY GUALARIO,Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on September 27, 2007, the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4289 PG 3920, et. seq. 2. That the respondent M contact the investigator. --- 3. That a re-inspection was performed on July 7, 2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance by : Obtaining a building permit for all additions/alterations and completing all required inspections through to Certificate of Occupancy which was obtained on June 13,2008. FURTHER AFFIANT SAYETH NOT. Dated:July, 07,2008. COLLIER CO ,FLORIDA CO Q - 'OR( ME :t • • J ` . - iia Co:- 'nforcement Official STATE OF FLORIDA COUNTY OF COLLIER S ••ed and s ed be IF me this th day,July,2008 by John Santafemia./ , Aie _ ignature of Notary Public) NOTARY r: C-STATE OF FLORIDA Commissioned Commission C. Wolfe (Print/Type/Stamp ` �' �,� Commission#DD734150 Name of Notary Public) 13• Exires: ,ONDED Up ATLANTIC DEC.BONDING 07 C 02.,01111c1 n Personally known . Rev 1/9/2008 R uucci,,,c,(32,1 efik (0 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-94 ANTHONY J. GUALARIO, Respondent ORDER IMPOSING FINE/LIEN AND ORDER ON MOTION TO REDUCE/ABATE FINES THIS CAUSE came on for public hearing before the Board on July 31,2008,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 amount of the time necessary to correct the violation;(f)the value of the real estate compared to the amount of the fine/lien; (g)any hardship the fine/lien would cause on the Respondent; (h)the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate,and being duly advised in the premises,hereby grants the said Motion to Reduce/Abate Fines. THIS CAUSE came on for public hearing before the Board on September 27,2007,after due notice to Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on October 3,2007 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4289,PG 3920,et. seq. on October 8, 2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official on July 7, 2008,which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated October 3, 2007, it is hereby ORDERED,that the Respondent,Anthony J.Gualario pay no fines to Collier County. The operational costs incurred in the prosecution of this case have been paid. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this LY day of. ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Kr.SID 'ng,Vice-Chair 2800 North orseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 61 day of fi,2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who personally known to me or ✓who has produced a Florida Driver's Lice yse as identification. KRISTINEHOLTON NOTARY PUBLIC c• ,a. MY COMMISSION B DD 686595 My commission expires: EXPIRES:June 18,2011 RA,fi '' Bonded Thu,Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Anthony J.Gualario,551 Neapolitan Lane,Naples,FL 34103 this (JP"t't" day of ,2008. State of FLORIUA G L� *loom of COLLIER M.Jean son,Esq. Florida :ar No. 750311 I HEREBY CERTIFY THAT this Isa true and Attorney for the Code Enforcement Board :orrect copy of a documeptdii fit+ ` 400 Fifth Avenue S.,Ste. 300 Board Minutes and ecp►q of 141ller Naples, Florida 34102 7 E5S my h ltd +`,' Official S@ ;#hfs .t (239)263-8206 s day of i >! 11)-1-9 • a1NI T E. BROC ,CLERIC OF.,cOURi'!' TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Teudis Zamora CEB CASE NO. 2006120209 Request for Imposition of Fines ITEM Notice of Hearing(Imposition of Fines) PAGE(S)1 Executive Summary 1 Past Orders of the Board 2 Affidavit(s) 3-4 5 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: 2006120209 vs. ZAMORA, TEUDIS, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Permit number 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspect status and permits have expired without being COED. Also fence and shed on property without first obtaining any Collier County permits. LOCATION OF VIOLATION:3471 2nd AVE SE Naples, FL SERVED: ZAMORA, TEUDIS, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. BENDISA MARKU COLLIER COUNTY CODEENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2440 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON 1MTH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006120209 Board of County Commissioners vs. Teudis Zamora Respondent(s) Violation(s): Violation of Ordinance(s)2004-41, as amended, section 10.02.06(B) (1) (a), 10.02.06 (B) (1) (E) (i) of the Collier County Land Development Code; Collier County Laws and Ordinances Section 22,Article II 104.1.3.5, 106.1.2 and Florida Building Code 2004 Edition Section 105.1, 105.7. Location: 3471 2nd Avenue SE, Naples, FL 34117 Folio#40862480006 Description: Permit number 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspect status and permits have expired without being COED. Also fence and shed on property without first obtaining any Collier County 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 PGS 2985-2986, 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$ 551.65. See below. Order Item # 1 and Order Item #2 Fines at a rate of$50.00 per day for the period between May 24, 2008-May 29, 2008 (6 days)for the total of$300.00. Fines continue to accrue. Order Item #4 Operational Costs of $251.65 have not been paid. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2006120209 Board of County Commissioners vs. Teudis Zamora Respondent(s) Violation(s): Violation of Ordinance(s) 2004-41, as amended, section 10.02.06(B) (1) (a), 10.02.06 (B) (1) (E) (i) of the Collier County Land Development Code; Collier County Laws and Ordinances Section 22,Article II 104.1.3.5, 106.1.2 and Florida Building Code 2004 Edition Section 105.1, 105.7. Location: 3471 2nd Avenue SE, Naples, FL 34117 Folio#40862480006 Description: Permit number 2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspect status and permits have expired without being COED. Also fence and shed on property without first obtaining any Collier County permits. Past Order(s): On January 24, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4325 PGS 2985-2986, for more information. The Respondent has not complied with the CEB Orders as of January 24, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 551.65. See below. Order Item # 1 and Order Item #2 Fines at a rate of$50.00 per day for the period between May 24,2008-May 29, 2008 (6 days) for the total of$300.00. Fines continue to accrue. Order Item#4 Operational Costs of $ 251.65 have not been paid. a 114Jal UK: IMO PG: 2985 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/31/2008 at 11:04AN DWIGHT B. BROCK, CLERK RBC FEE 18.50 Retn:BBNDISA NARII1 COLLIER COUNTY CODE ENFORCENEN 2800 N HORSESHOE DR CDES BLDG CODE ENFORCEMENT BOARDIIAPLES FL 34104 COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2006120209 vs. TEUDIS ZAMORA 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 n 1. That Teudis Zamora 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 by posting,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by posting. 4. That the real property located at 3471 2nd Avenue, S.E.,Naples,FL 34117,FOLIO 40862480006,more particularly described as The East 75 feet of the West 150 feet of Tract 26 of GOLDEN GATE ESTATES,UNIT 80, according to the Plat thereof,as recorded in Plat Book 5,Page 18,of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i),The Collier County Code of Laws and Ordinances, Section 22,Article II, 104.1.3.5 and 106.1.2,and The Florida Building Code,Sections 105.1and 105.7in the following particulars: Permit No.2004033362 for a garage conversion and permit number 2004033365 for laundry room conversion both in inspection status and permits have expired without being CO'ed. Also there exists a fence and shed on property without first obtaining any Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i),The Collier County Code of Laws and Ordinances, 3 _ vi.l.i�n a Jun 1 Y,rLUK1UA CODE ENFORCEMENT BOARD CEB CASE NO. DEPT CASE NO. 2006120209 ' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Teudis Zamora,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, 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 2985. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 5/27/08. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondent is to pay operational costs in the amount of$251.65 incurred in the prosecution of this case with in 30 days; The respondent is to abate all violations by: Submitting a complete application for any and all Collier County Building Permits or a Demolition Permit, obtain the permit,request all required inspections and obtain a Certificate of Completion within one hundred twenty(120)days of this hearing or a fine of$50.00 per day will be imposed until the violation is abated; 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. FURTHER AFFIANT SAYETH NOT. Dated May 27,2008. COLLIER COUNTY,FLORIDA CODE • • 01-CE NT BOARD ■Michelle Scavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a 1,ed)and subscribed before me this 27th d a y of May 2008 by M l C 41 d t(e 5 co,„ 0 n (Si e of Notary Public NOTARY PUBLIC-STATE nF FLO717 A e�o . Yousi Cardeso :Commission#DD723966 ��rint/Type/Stamp Commissioned Expires: OCT.10,2011 ame of Notary Public) BONDED THRU ATLANTIC BONDING CO.,INC. Personally known REV 1/9/08 *** OR: 4325 PG: 2986 *** Section 22,Article II, 104.1.3.5 and106.1.2,and The Florida Building Code,Sections 105.1and 105.7 be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit,Inspection,and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the property within 120 days(May 23,2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23,2008, then there will be a fine of$50 per day for each day for each day the violation remains. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 4. That the Respondent is are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$251.65 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ` day of ,2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisju day of )p,r- t Li , 2008, by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or i/ who has produced a Florida Driver's License as identification. s a" KRISTINE HOLT ON a' fi �: .. :� MY COMMISSION#DD 686595 NOTARY PUBLIC EXPIRES:June 18,2011 My commission expires: A r , ` Bonded mm Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Teudis Zamora, 3471 2"d Avenue S.E.,Naples,FL 34117 this 3O 'day of 7 ,2008. tale al FLORIDA ',aunty of COLLIER M.Jean ffawson,Esq. 1-E :P CBY GERM FY THAT tits,ta a „Iva d,; 4r Florida Bar No 750311 ;orrect copy' t a s!y € t'^r °`st On- lie 1t1E" Attorney for the Code Enforcement Board Ina rd Min;' i:t,:1. ` :rA of'Co'Uet' Cottutli 400 Fifth Avenue S. Ste.300 ;i `;_. Y TN! ;.,tnr •,.:' �^�'cSF$Omil � 4» Naples,Florida 34102 day -f (239)263-8206 r� )WaGHT E. E�COfr�. „ LE.R .O hth , a'takd tD6 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006120209 vs. TEUDIS ZAMORA, 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 2985, et. seq.on January 31,2008.. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on May 27,2008,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,Teudis Zamora,pay to Collier County fines in the amount of$300 for the period of May 24,2008 through May 29,2008(6 days)at a rate of$50 per day,plus$251.65 in operational costs incurred in the prosecution of this case,for a total of$551.65. 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 (,Q day of 0.14t_,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 1 Richard Kr ring,Vice-Chair 2800 North rseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) .1.4- The foregoing instrument was acknowledged before me this 19 day ofilgitg ,2008,by Richard Kraenbring,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or t/who has produced a Florida Driver's Lice se as identification. o n ARY PUBLIC /40:* KRISTINE HOLTON My commission expires: =*: .+: MY COMMISSION#DD 686595 1.„,,..--...:-,N EXPIRES:June 18,2011 #fi,h Bonded Thru Notary Pubic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD R has been sent by U. S. Mail to Teudis Zamora,3471 2nd Avenue S.E.,Naples,FL 34117 this 194— day of r,2008. . f.i -21,-t-t."--d---- M.Jean '- on,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 state o1 FLORIDA ;ounty of COLLIER HEREBY CERTIFY THAT this Is a true ea ;orrect copy of a document on file in . Board Minutes and Records of Co O N MESS my h nd and official # �ay of oSfi , cfr(4;r 7WI T E. BROOK,CLERK OF'CO ftT$ "" ,; r Ilk, f .i it.'‘:, TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Naples Property Services, LLC CEB CASE NO. 2007050653 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: 2007050653 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NAPLES PROPERTY SERVICES LLC, 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: 07/31/2008 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: -- Existing structure with interior and exterior alterations, adn improvements without prior Collier County Zoning and Land Development review/approval. n LOCATION OF VIOLATION:865 95th AVE N Naples, FL SERVED: NAPLES PROPERTY SERVICES LLC, Respondent Ron Martindale, 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 USTENING 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. 2007050653 Board of County Commissioners vs. Naples Property Services,LLC Violation(s): Ordinance(s) 04-41 as amended,of the Collier County Land Development Code, sections 10.02.06 (B)(1)(a), 10.02.06 (B)(1)(c). Location: 865 95th Avenue N.Naples, FL Folio # 62769000004 Description: Existing structure with interior and exterior alterations, and improvements without prior Collier County Zoning and Land Development review/approval. 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 PGS 2989-2990, 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$ 2,000.00. See below. Order Item#2 and Order Item#4 Fines at a rate of$2000.00 per day for the period between May 24, 2008-June 3, 2008 (10 days)for the total of $2,000.00. Fines continue to accrue. Order Item #6 Operational Costs of $357.86,have been paid. 2 nu; nairUlbA MMUU) z1Ld%J%J J WA. 'SJGJ LV• 4303 COLLIER COUNTY CODE ENFORCENEN RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEE 18.50 2800 N HORSESHOE DR CDES BLDG 01/31/2008 at 11:04AM DWIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007050653 vs. NAPLES PROPERTY SERVICES,LLC 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 Naples Property Services,LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and requested that the matter be continued for 120 days. The Motion for Continuance was DENIED. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 865 95th Avenue N.,Naples,Florida,Folio No. 62769000004,more particularly described as Lots 14 and 47,Block 60,NAPLES PARK UNIT NO. 5,according to the plat in Plat Book 3,Pages 14,Public Records of Collier County,Florida is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(c)in the following particulars: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(c)be corrected in the following manner: r/ *** OR: 4.325 PG: 2990 *** 1. By applying for all Collier County Permits with 90 days(April 23,2008)and pursing same with due diligence. 2. Once the permits are obtained,by completing all work through related inspections and issuance of Certificate of Completion or Occupancy within 120 days(May 23,2008). 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$200 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 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 are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$357.86 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. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: / ka,. Sheri Barnett,Chair 2800 North Horseshoe Drive �—� Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, + day of:1\--0.4 , 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. 90 KRIS T INE HaTON U'�Lt,'Y■_s) 410..L�Zl r!, :. MY COMMISSION#DD 686595 NOTARY PUBLIC V.- -;�.rra; EXPIRES:June 18,2011 My commission expires: 44„fttss' Bonded Thru Notary Pubic Undenvrlters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Charles Siragusa, 865 95th Avenue N.,Na.les,FL.,and to P.O.A-3611,Chicago,Ill. 60690 and to 2727 North Mildred, Chicago, Illinois 60614 this 3C ' day of ,�cA-yTh • ,2008. /fir_j j /:.t i :;r s_M.JeakRawson,Esq. :are c1 F t.ORt l ik Florida Bar No. 750311 )unty of COLLIER Attorney for the Code Enforcement Board `''` 400 Fifth Avenue S., Ste.300 I-IEREBY i ERTIFY THAT this is a true and Naples,Florida 34102 ,f cf iffy tf . i Onrfii3 in (239)263-8206 of ColU r County r; �.. 1 eq,si this i G H T .' l3 01;.,,4 4_•-..:5 OF 'vC.t. ari COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007050653 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. NAPLES PROPERTY SERVICES,LLC,Respondent(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, 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 2990,et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 23, 2008. 4. That the re-inspection(s)revealed that the corrective action ordered by the Code Enforcement Board was in f-� compliance with item number 1.of the Code Enforcement Board order,by applying for all Collier County Permits on April 21,2008.The re-inspection(s)also revealed that the permits were not issued,the work was not performed,the related inspections and issuance of Certificate of Completion or Occupancy was not obtained within 120 days(May 23,2008)as ordered on item number 2.by the Code Enforcement Board Order.The operational costs were paid as ordered on item number 6. of the Code Enforcement Board Order. FURTHER AFFIANT SAYETH NOT. Dated May,23,2008. COLLIER COUNTY,FLORIDA ENFORCEMENT BO)-RD s>v Ronald Mart' dr Code Enforcemen Official STATE OF FLORIDA COUNTY OF COLLIER SP%(or affirmed)and subscribed before me this 23rd day, of May, 2008 by Ronald Martindale. 1+A (Signature of Notary Public) OF FLORIDA 1ti, HindaIl !1 ;fission#DD618572 Expires; NOV, 29,2010 .^ (Print/Type/Stamp Commissioned soxa �Ta�nn`nEao�v�cco,r>c. Name of Notary Public) Personally known 4 REV 2/23/2006 Memorandum • r "1 ok�' t To: Marjorie Student-Stirling, Assistant County Attorney From: Code Enforcement Department Date: July 31, 2008 Subject: Foreclosure -Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. HEARING COMPLY BY TOTAL$ STATUS RESPONDENT CEB# DATE DATE TOTAL FINE OP.COST DUE N=Non/C=Comp, Homestead County Abatement Cost LAST RECHECK Carmen Vasallo 2007-46 _ 6/18/2007 7/2/2007 $8,700.00 $296.05 $8,996.03. Y N