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Backup 08/22/2008Code Enforcement Board Backup August 22, 2008 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: August 22nd, 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 — July 31st, 2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time 1. BCC vs. Joseph Ferio Francois B. STIPULATIONS CEB NO. 2006 -52 C. HEARINGS 1. BCC vs. James Bachmann CEB, NO. 2006090001 2. BCC vs. Florida Metal Master, Inc. CEB NO. 2007090640 3. BCC vs. Carlos Perez CEB NO. 2007080099 4. BCC vs. William and Laura Mara CEB NO. CESD20080004753 5. BCC vs. Patriot Square, LLC. CEB NO. 2007060341 6. BCC vs. Empire Developers Group, LLC. CEB NO. CESD20080007919 7. BCC vs. Amanda Rosario Puhiera CEB NO. 2007070743 8. BCC vs. United Parcel Service, Inc. CEB NO. CEPM20080003788 9. BCC vs. United Parcel Service, Inc. CEB NO. CELU20080003784 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs. Jeffrey Macasevich 2. BCC vs. J. Peaceful, L.C. 3. BCC vs. Ascention, Inc. 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 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - September 25th, 2008 11. ADJOURN CEB NO. 2006100314 CEB NO. 2007060387 CEB NO. 2007100552 08/21/2008 13:22 2392630787 PETER T FLOOD PETER T. FLOOD ATTORNEY AT LAW 126 NORTH AIRPORT ROAb. SURE 202 NAPLES, FLORIDA SA16A TELEPHONE (299) 26"177 FAX CMV) 293 -0787 August 18, 2008 Marjorie M. Student- Stirling A4sistant County Attorney Collier County Government Center 3301 Tamiami Trail East Harmon Turner. Building, 8)h Floor Naples, Florida 341.1.2 RE: Board of County Commissioners, Collier County v. James Bachmann CE,B No.: 2006- 090001. Teat Mrs. Sterling: PAGE 02/02 We are asking to dismiss the hearing set for Ftiday, .A.ugust 22, 2009 at 9:00 am. We are taking; the matter to zoning for further. review. If you should have any questions regarding this mattet, please do not hesitate to contact nay office. Very truly yours, Peter T, Flood, Esq. l COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 200 Board of County Commissioners, Collier County, Florida VS. James Bachmann 1180 Dove Tree Street Naples Florida 34117 Violation of Section(s) 04 -41 section 1.04.04, 2.02.03 of the Collier County Land Development Code Michelle Scavone #29 Code Enforcement Official Department Case No. 2006090001 DESCRIPTION OF VIOLATION: Unauthorized/ prohibited pool on Agricultural zoned property with a bona fide agricultural use. RECONMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: Respondent must cease use of prohibited pool and remove unauthorized pool in this agricultural zoned area within 10 (ten) days of this hearing or pay a fine of $50.00 (fifty dollars) a day till 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JAMES BACHMANN, Respondent CEB NO. 2006090001 ORDER ON MOTION TO DISMISS THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the County's Motion to Dismiss, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Dismiss. 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 to Dismiss is GRANTED. 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 t ARD �1 CoLbM COUNTY, ID Ge&d Lefebvre, ai 2800 North Hor9tshoe Naples, Florida 34104 State of RPRIDA 1 HEREBY l ;orrect copy o.,, dac�mint 40 f-t Oot Board Minutes -hod i WOS of ��'NESS my 't a" 0#101al 6d! i� �o . day of SROC OFC?t = STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z day of �, 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. ft KRISTINE HOLTON NOTARY PUBLIC = MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 My commission expires: ,' eonded Thru N=ry Pubic Undenvntor 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, 1 180 Dove Tree Street, Naples, FL 3414 and to Peter Flood, Esq., Peter Flood, Esq., 125 N. Airport Rd., Ste. 202, Naples, Fl 34104 this 96 day of al—kprtl, 2008. M. Je Rawson, EYq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 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 Bog, 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. FLORIDA METAL MASTER, INC. Respondent CEB NO. 2007090640 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on September 25, 2008. Respondent waives written notice. 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. ff- DONE AND ORDERED this day of 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COL L COUNTY, ORID BY erald Lefeb/a34104 Ch r 2800 North H shoe ive Naples, Flori Scat,' of F LORIUA dui i ; ounty of COLLIER I HEREBY CERTIFY THAT this is a tM660 ;orrect coot' of a cicc =�ner�t on Ella to soard Minutes and ;!x,05 Of Collier COU* WITNESS my r=a,��� ;41oi1 al th#s day of ')WI T . BROGK, C ' K OF COURTS / BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007080099 CARLOS PEREZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Cgrtv&1� behalf of himself as presentative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007080099 dated the 27th day of September, 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 August 22ndt, 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{13][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 After The Fact building permit(s) for the unpermitted construction/ remodeling /additions of the structure within 30 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the permit is obtained and obtain all inspections through Certificate of Completion (CO) for the construction/ remodeling of the structure within 60 days of the date of After The Fact permit issuance 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 90 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. Respondent Diane .Fagg Director Code Enforcement Department Date Date REV 2/23/07 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CARLOS PEREZ, Respondent CEB NO. 2007080099 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Carlos Perez 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3573 Enterprise Avenue, Unit 93, Naples, FL, Folio 76720002147, more particularly described as (see Legal) 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 10.02.06B (1)(e)(i) in the following particulars: Construction /remodeling done to first and second floor without first obtaining valid 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)(a), 10.02.06 B(1)(e), and 10.02.06B (1)(e)(i) be corrected in the following manner: I . By obtaining valid Collier County After - the -Fact Permits for the unpermitted construction/ remodeling/additions of the structure within 30 days (September 21, 2008). 2. By obtaining all inspections through Certificate of Completion for the construction /remodeling of the structure within 60 days of the date of the After - the -Fact permit issuance. 3. In the alternative, by obtaining a demolition permit and removing any unpermitted construction /remodeling/additions and restoring the building to its original permitted state within 90 days (November 20, 2008). All construction waste is to be removed to the appropriate site for such disposal. 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 21, 2008, then there will be a fine of $200 per day for each day until such time as the permit is obtained. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of the date of the After - the -Fact permit issuance, then there will be a fine of $200 per day for each day until such time as the violation is abated. 6. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board by November 20, 2008, there will be a fine of $200 per day for each day until such time as the building is restored to its permitted state and all unpermitted construction /remodeling/additions have been removed. 7. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 8. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.43within 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 COLLI R COUNTY, LORID B . erald Lefebv, , Chair 2800 North Iforseshoe D ve Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this eday of , 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florid h, who is personally known to me or ,who has produced a Florida Driver's License as identification. KIA lTU�.G +V1 ,A.tim'tiy Iffi1S"NEHMTON NOTARY PUBLIC MY COMMISSION M DD 686595 My commission expires: '.= EXPIRES: June 18, 2011 Banded Thru Notary Public Underwritor, Mate of FLORIDA ; ounty of CAWFR I H ERE Y' �ERTf.I�ll 'PF# this Is 8 WIDOW .orrec dopy bt a 6*t on file In Board *n,uf�s and Nzoms of Collier Cow* A rr v� hand arA Aclal seal thts �2 11 aay'- ' sa=w I �,tOCk� C. ERK OF COURTS 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 and to Jesus Fernandez, 1430 Railhead Blvd., #107, Naples, FL 34110 this ' LoL` —day of , 2008. M. Jean, wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CARLOS PEREZ Respondent(s), STIPULATION /AGREEMENT DEPT NO. 2007080099 GQ COMES NOW, the undersigned,Cgr�v&&:�A'm behalf of himself or,�•°-° -°- as presentative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007080099 dated the 27th day of September, 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 August 22nd', 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of 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 After The Fact building permit(s) for the unpermitted construction/ remodeling /additions of the structure within 30 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the permit is obtained and obtain all inspections through Certificate of Completion (CO) for the construction/ remodeling of the structure within 60 days of the date of After The Fact permit issuance 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 90 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. ' _ I C- Respondent Date REV 2123/07 Diane- B.-FYagg Director Code Enforcement Department Date This instrument prepared by and after recording retum to: Leo J. Salvatori, Esq. SALVATORI & WOOD, P.L. 4001 Tamiami Trail North, Suite 330 Naples, Florida 34103 3947444 OR, 4155 PG; 3558 RICORDID in OFFICIAL RICORDS of COLLIIR COW, FL 12/18/2006 at 01:41PK D112T B. BROCI, CLIRI Coss 210002.00 HC 111 18,50 Doc -.70 1470.70 Reta: SALVATORI 1110011 4001 TAKIAKI TR s 11330 UPLIS FL 34103 3060 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 and other good and valuable receipt whereof is hereby ack and Grantees heirs and assig Collier County, Florida: 7 Unit Nos. according Official Re Public Re undivided have grants the following all common Subject to s ns, coy agreements, res i anc condominium; and I aCp subsequent years, bean 76720002147 and 76720002888. 27 n of the sum of TEN DOLLARS, in hand paid by said Grantee the fined and sold to the said Grantee �q land, situate, lying and being in , Condominium, m the eof, recorded in 2 iR inclusive, of the i C gether with an nant thereto. rs ditions, limitations, common to the the current and all Identification Number 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 del iv red FOCD, LLC, a Florida limited liability in our resence company e./1.,0_� �— BY: (Corporate Seal) i' W' es TCL Realty, Inc., an Illinois 7J L-�,� Corp , a - Manager print BY: W G[_1.56t � . ,n ha wick Lund, as Vice President (print name) C0 STATE OF FLORIDA c-- COUNTY OF COLLIER The foregoing inst m t a a k o I d a his C1 `" day of December, 2006 by T. CHADWICK L V' r s' f T e nc., an Illinois corporation, as Manager of FOCD, LLC, invite iabi i y mp ny, ehalf of the company, who is personally known to me. My Commission Expires: ,... ..... .......z t name) Corn•r --ion*DD0226879 S s E, -Tres 8rAVM7 = Flora. Naarp Aum...kr- M...NNNNYN..N...NN.NN.MM....N DoubleTime lid BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080004753 WILLIAM & LAURA MARA Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, William /Laura Mara, on behalf of himself / herself as Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080004753 dated the 14t�' 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 8/22/08; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of permit, Florida Building Code,2004 Edition, Chapter 1,Section 105.7 Certificate of Occupancy required, Collier County Code of Laws Chapter 22,Article II Florida Code Adoption and,Amendment of the Florida Building Code, section 22- 26(b)(106.1.2). 3) And are described as: Screened lanai at rear of duplex unit enclosed and converted to living area without first obtaining and posting required Collier County building permit(s), inspection(s), and Certificate of Occupancy. Property located at 4550 Boabadilla St. Naples, Fl. Folio No. 63405360007 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.10 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) including all required inspections through to issuance of a Certificate of Completetion within 90 days of hearing or pay a fine of $200.00 per day until brought into compliance. OR remove all alterations and additions by first obtaining a Collier County demolition permit, inspections and Certificate of Completion within 90 days of hearing, or pay a fine $200.00 per day until brought into compliance 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Representative Z 2 �/ Date D'i'ane Flagg, Director Code Enforcement Department Date 02MAYUI: COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida Vs. WILLIAM & LAURA MARA Violation of Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of permit ,Florida Building Code, 2004 Edition, Chapter 1,Section 105.7 Certificate of Occupancy required, Collier County Code of Laws Chapter 22,Article II Florida Building Code Adoption and Amendment of the Florida Building Code,Section 22- 26(b)(106.1.2) Ronald Martindale, Code Enforcement Official Department Case No. CESD20080004753 DESCRIPTION OF VIOLATION: Screened lanai at rear of duplex enclosed and converted to living area without first obtaining and posting required Collier County building permit(s), inspection(s), and Certificate of Occupancy. Property located at 4550 Boabadilla St. Naples , Fl. 33103 Folio: 63405360007 RECOMMENDATION: That the CEB orders the Respondent to pay all operational costs of $ incurred in the- prosecution of this case and abate all violations by: 1. Obtaining all required Collier County Building permit(s) including all required inspections through to issuance of a Certificate of Completion within 120 days of hearing or pay a fine of $200.00 per day until brought into compliance. 2. OR remove all alterations and additions by first obtaining a Collier County demolition permit, inspections and Certificate of Completion within 120 days of hearing, or pay a fine off $200.00 per day until brought into compliance. 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 8/23/07 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. WILLIAM AND LAURA MARA, Respondents CEB NO. CESD20080004753 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That William and Laura Mara are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4550 Boabadilla Street, Naples, Florida, Folio 63405360007, more particularly described as Lots 3 and 4, Block 9, NAPLES TWIN LAKE, according to the map or plat thereof as recorded in Plat Book 4, Page 35, of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2004, Chapter 1, Section 105.7, and Collier County Code of Laws, Chapter 22, Section 22 -26(b) (106.1.2) in the following particulars: Screened lanai at rear of duplex unit enclosed and converted to living area without first obtaining and posting required Collier County building permits, inspections and Certificate of Occupancy. 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 ORDERI -D: That the violations of Florida Building Code, 2004, Chapter 1, Section 105.7, and Collier County Code of Laws, Chapter 22, Section 22 -26(b) (106.1.2) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits, including all required inspections through to issuance of Certificate of Completion within 90 days (November 20, 2008). 2. In the alternative, by removing all alterations and additions by first obtaining a Collier County Demolition Permit, inspections and Certificate of Completion within 90 days (November 20, 2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 20, 2008, then there will be a fine of $200 per day for each day until brought into compliance. 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by November 20, 2008, there will be a fine of $200 per day for each day until brought into compliance. 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 $88.10 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 NFORCEMENT BOARD COLLIER COUNTY, F RIDA BY: erald Lefeb r ,Chair 2800 North rseshoe Driv Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,,D day of , 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Flori , who is personally known to me or ✓ who has produced a Florida Driver's License as identification. �tiflr •ry,��,, ; KRiSTINE HOt.TON i MY COMMISSION # DO 6865:5 •' EXPIRES: June 18, 2011 Bonded Thru Notary Pubk Undemnter NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b Ul. S Mail to William and Laura Mara, 15275 Collier Blvd., Ste. 201, Naples, Florida 34119 this _day of a 0 , 2008. State 01 F LORIUA ounty of COLLIER I HEREBY CERTIFY THAT this is a true 00 .orrect copy of : ¢d i ibcrtt an file In Board Minute* and Remms of C0111W tT SS my" bane azrld, 1'"da s i ttd>i :S W16H ~BROOK CLERK OF COURT M. Jean 9wson, Esq. F4orida8ar No. 750311 •-Aprney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080004753 WILLIAM & LAURA MARA Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, William /Laura Mara, on behalf of himself / herself as Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080004753 dated the 14th 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 8/22/08; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of permit, Florida Building Code,2004 Edition, Chapter 1,Section 105.7 Certificate of Occupancy required, Collier County Code of Laws Chapter 22,Article II Florida Code Adoption and,Amendment of the Florida Building Code, section 22- 26(b)(106.1.2). 3) And are described as: Screened lanai at rear of duplex unit enclosed and converted to living area without first obtaining and posting required Collier County building permit(s), inspection(s), and Certificate of Occupancy. Property located at 4550 Boabadilla St. Naples, Fl. Folio No. 63405360007 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.10 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) including all required inspections through to issuance of a Certificate of Completetion within 90 days of hearing or pay a fine of $200.00 per day until brought into compliance. OR remove all alterations and additions by first obtaining a Collier County demolition permit, inspections and Certificate of Completion within 90 days of hearing, or pay a fine $200.00 per day until brought into compliance 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. Diane Flagg, Director Code Enforcement Department Date Representative Vt V&-K Date REV 7/1/08 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007060341 PATRIOT SQUARE, LLC, (Property Owner) DENNIS E CLAUSSEN, (Registered Agent) Respondent(s) STIPULATION /AGREEMENT COMES NOW, the undersigned, Dennis E Claussen, on behalf of himself or Patriot Square LLC 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 2007060341 dated the 9th day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22nd 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(13)(2)(d)(ix), of the Collier County Land Development Code 04 -41 as amended, and of section 16(1)(n)(3) of the Property Maintenance Code 2004 -58, for the unincorporated are of Collier County and are described as a Freestanding sign without required permit, sign has missing panels and exposed internal wiring. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.75 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining an After the Fact Demo permit for the removal of the sign, and to ensure all electrical; components and safety concerns have been abated, within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. Removing the remaining portion of the sign and all debris associated with the sign within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection � rti- i' l7 .11_l i Res nden Di; e Flagg, Director Code Enforcement Department �1 z!> espondent Date ti1� 1 U, i`1.� J Representative { �77,c,c +ugf< I �j'• r�r�r�s Dat7 REV 7/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida Vs. Patriot Square, LLC Violation of Section(s) 10.02.06(B)(1) (e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(B)(2)(d)(ix) of 04 -41 as amended, of the Collier County Land Development Code AND of Section(s) 16(1) (n) (3) 2004 -58 of the Property Maintenance Code for the unincorporated area of Collier County. Sherry L. Patterson, Code Enforcement Official Department Case No. 2007060341 DESCRIPTION OF VIOLATION: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of $89.75 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Obtaining an After the Fact Demo permit, for the removal of the sign, and to ensure all electrical components and safety concerns have been abated, within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 2. Removing the remaining portion of the sign, and all debris associated with the sign, within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. PATRIOT SQUARE, LLC., DENNIS E. CLAUSSEN, R.A. Respondent CEB NO. 2007060341 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT That Patriot Square, LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, 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 4143 Tamiami Trail E., Naples, Florida, FOLIO 394440004, more particularly described as (see attached legal) is in violation of Collier County Ordinance 04 -41, the Land Development Code, as amended, sections 10.02.06(13)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(B)(2)(d)(ix) and Collier County Ordinance 2004 -58, The Property Maintenance Code, section 16(1)(n)(3)in the following particulars: Freestanding sign without required permit. Sign has missing panels and exposed internal wiring. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, 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)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d) and 10.02.06(13)(2)(d)(ix) and Collier County Ordinance 2004 -58, The Property Maintenance Code, section 16(1)(n)(3) be corrected in the following manner: I . By obtaining an After -the Fact Demolition permit for the removal of the sign, and ensuring that all electrical components and safety concerns have been abated within 7 days (August 29, 2008). 2. By removing the remaining portion of the sign and all debris associated with the sign within 7 days (August 29, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 29, 2008, then there will be a fine of $150 per day for each day for each day the violation continues. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 29, 2008, then there will be a fine of $150 per day for each day for each day the violation continues. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $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 day of, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI R COUNTY F B erald Lefebvr , Chair 2800 North H rseshoe 132 Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of t_, 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Flori , who is personally known to me or -Z who has produced a Florida Driver's License as identification. KRIS11NE HOLTON ' MY COMMISSION # DD 686595 NOTARY PUBLIC ,:,r' EXPIRES: June 18, 2011 �;�f�y�.` BondodThtu Notary Pd* underwriters My commission expires: state o1 FLORIDA : ounty of COWER HEREBY. CEEir,",TRAT Of 13 a WO MB :orrect�`� b�'is ument OD ti18 In .toa A �liftydt-attd.�ecor� of 601iier ftew z,.- AlI ss a. ff'C al seal We a dajr;c� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Patriot Square, Inc., Dennis E. Claussen, R.A., 1410 Westt ruing Park Road, Chicago, Ill. 60613 this_ day of �, 2008. M. JeanAdwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007060341 PATRIOT SQUARE, LLC, (Property Owner) DENNIS E CLAUSSEN, (Registered Agent) Respondent(s) STIPULATION /AGREEMENT COMES NOW, the undersigned, Dennis E Claussen, on behalf of himself or Patriot Square LLC 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 2007060341 dated the 91h day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22nd 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 10.02.06(B)(1)(e)(i), 10.02.06(B)(2)(a), 10.02.06(B)(2)(d), 10.02.06(13)(2)(d)(ix), of the Collier County Land Development Code 04 -41 as amended, and of section 16(1)(n)(3) of the Property Maintenance Code 2004 -58, for the unincorporated are of Collier County and are described as a Freestanding sign without required permit, sign has missing panels and exposed internal wiring. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.75 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining an After the Fact Demo permit for the removal of the sign, and to ensure all electrical; components and safety concerns have been abated, within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. Removing the remaining portion of the sign and all debris associated with the sign within 7 days of this hearing or a fine of $150.00 per day will be imposed for each day the violation continues. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection ResppndenV' Di �ne Flagg, Director Code Enforcement Department J espondent Date T n1 S'C /ti) - Representative i��M��',� 1) ��C "q 0^'� Date j, REV 7/1/08 / . VTHIS INSTRUMENT PREPARED BY: Joseph F- Ujcco, Esq. Fla Bar No. 0138185 Vogel Law Office, PA- Suite B, Midwest Title Bldg. 3936 Tamiarri Trail Nord, Naples, Florida 34103 (239)262 -2211 PREPARATION ONLY wrMOUT OPIMON WARRANTY DEED vvv"db . v ire%* %fwww &,we wwsv tiCOM Is OMML UMM of tOAM CSI, n 15/15/21" at 11:19N KIM 1. i10CL, CIM O1N 211501.0 me -.T/ 11525.0 1011: ecoao r tIt'tilf 5I2! CNlILW ii # THIS WARRANTY DEED made the � f day of April, 2004, by PATRIOT SQUARE, INC., a Florida corporation, hereinafter called the GRANTOR, to PATRIOT SQUARE, LLC, a Florida Limited Liability Company, hereinafter called the GRANTEE, whose post office address is 1410 W. Irving Park, Suite 1, Chicago, IL 60612. (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assi . .vidu.als, and the successors and assigns of corporations). �L co WITNESSETH: That e 0 r, for and in consi of the sum of $10.00 and other valuable considerations, rece. t Is h owl ed, hereby grants, bargains, sells, —_ _ -= - - -= alms; remises; releases; co veysco� a that certain land situate in Collier County, Florida, a Property I.D.: 039 TOGETHER with all the red 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, 2003; zoning, building code and other restrictions imposed by governmental authority; outstanding oil, gas and mineral interests of record, if any; and restrictions and easements of record. E*UZ5U0"3U3%wn.. )d if IN WITNESS WHEREOF, the said grantor has signed and scaled these presents the day and year first above written. Signed, sealed and delivered in our presence: STATE OF FLORIDA COUNTY OF COLLIER The foregoing W, by Michael A. Mancuso, known to me or who has E:7X.ESWDM3243%WD..Pd Patriot Square, Inc. a Florida corporation rywm .• .. this 1_ day of April, 2004, Wration; who is personally as identification Commission No. My Commission 1-5 .N:II:II_1 Commencing at the Southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; thence along the East line of said Section 13, North 01 °34'17" West 149.72 feet to the Northerly right of way of U.S. 41(S.R. 90); thence along said right of way line North 39 005120" West 2860.45 feet to the intersection of the Westerly right of way line of Lakewood Boulevard; thence continue North 39 00570" West along the Northerly right of way of U.S. 41 for 200.0 feet to the point of beginning; thence continue North 39 °05'20" West along the Northerly right of way of U.S. 41 for 200.0 feet; thence North 50 °5440" East 400 feet; thence South 39 °05'20" East 400 feet to the West right of way line of Lakewood Boulevard; thence South 50 °54'40" West 200 feet along said right of way, thence, North 39 °05'20" West 200.0 feet; thence South 50 °54'40" West 200 feet to point of beginning, containing 2.75 acres more or less with a 20 foot water and sewer easement within this parcel; along the Northeasterly side adjacent to Lakewood subdivision and along the Southeasterly side adjacent to 7ewoqdv Q GO ��FTI3E CIRC�� Re COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida VS. Empire Developers Group LLC Violation of The Florida Building Code 2004 Edition Chapter 1 Permits, Section 22 -26 subsection 104.5.5 and 04 -41 Collier County Land Development Code, as amended, Sections 4.06.04.A. l .a.vii[a -d] Patrick Baldwin, Code Enforcement Official Department Case No. CESD20080007919 DESCRIPTION OF VIOLATION: Elevated lots in Vita Tuscana have not been hydro- seeded and now causing dust. Folio number 00186000005. Legal Description 21 48 26 W1 /2 OF SE1 /4 OF SW1 /4 EXC. S. 100FT 18.49 AC OR 388 PG 691 RECOMMENDATION: That the CEB order the Respondent to pay all operational costs $ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Hydro -seed all elevated lots within 7 days of this hearing or pay $200 a day until all of the elevated lots are hydro- seeded. 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. EMPIRE DEVELOPERS GROUP, LLC. Respondent CEB NO.CESD20080007919 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on September 25, 2008. Respondent waives written notice. 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?5 day of 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLL COUNTY, GRID BY: Stata Ot F LORIUA Ger d LefeVrseshoe Char :ounry of COLLIER 2800 North Dri I HEREBY CERTIFY THAT this Is a true atf� Naples, Florida 34104 .orrect copy, ot�a, went on file to Board Mittu�"sihcias of Collier Comte N�TN SS My no ztld o 'clal seal this SWIG . -E. BROOK CU. OF COUM STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2008, by Gerald Lefebvre, Chair of the Cod Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINEHOLTON NOTARY PUBLIC ;lr MY COMMISSION #DD 686595 EXPIRES: June t My commission expires: Bonded Thru Noury b UN ^9m CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Empire Developers Group, LLC, Goodman Breen and Gibbs, R.A., 3838 Tamiami Trail N., Suite 300, Naples, FL 34103 this day day of 2008. ,)&� M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CELU20080003788 Board of County Commissioners, Collier County, Florida vs. United Parcel Service, Inc Violation of Ordinance(s) Collier County Code Of Laws and Ordinances Chapter 22 Buildings, Article VI Property Maintenance Code, Section(s) 22- 241(2)(n)., as amended . Kitchell T. SNOW, Code Enforcement Official Department Case NO. CELU20080003788 ___DESCRIPTION OF VIOLATION: Parking on property in other than designated parking spaces. 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. Cease parking in any area that is not a designated parking area within 7 days of the date of this hearing or a fine of $50.00 a day will be imposed until such time as all such vehicles are parked in designated parking spaces. Park such vehicles only on a stabilized surface and such facilities shall be maintained in good repair and said areas must be clearly marked. 2. 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 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. UNITED PARCEL SERVICE, INC. Respondent CEB NO. CEPM20080003788 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That United Parcel Service, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 971 Commercial Blvd., Naples, Florida, Folio 00281840005, more particularly described as (see attached Legal) was in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, and the Property Maintenance Code, Sections 22- 241(2)(n) in the following particulars: Parking on property in other than designated parking spaces. 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 Code of Laws and Ordinances, Chapter 22, Article VI, and the Property Maintenance Code, Sections 22- 241(2)(n) did exist, but have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.10 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 o day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. erald Lefebvre hair 2800 North Ho seshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this� day of , 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Flom a, who is personally known to me or ,-"'who has produced a Florida Driver's License as identification. KRISTINE HMTON NOTARY PUBLIC MY COMMISSION # DD 686595 My commission expires: • EXPIRES: June 18, 2011 Bv4W Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to United Parcel Service, Inc., Corporation Service Company, R.A., 1201 Hays Street, Tallahassee, FL 32301, Michael L. Eskew, 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328 and United Parcel Service, Inc., Tax Department, P. O. Box 28606, Atlanta, Georgia 30358 this,:J:,� day of 2008. eaJ Pwq. Florid ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 Slaty 01 F LORIUA : ounty of COLLIER I HEREBY CERTIFY THAT this Is a true 00 .orrect coley of a acicument on file in Board Minutes and 7Zcoros of Collier C /VITNESS my hail -o T, I ffiiclai seal this -)WIG v AR � I" OF COURN fir , yT r .. ... •..,Sid MOM a Yom! -9 La ASY R f[:.1 13.00 Ku" MAIN onto o � Gs TKiB IstOpiTtiRE, matte this .aL._.. day of i491 '"D----betwean tiEWMTY CORPOP- ATIOti, a New York corporation, :chose mailing ;M C." address is c/o UPS, Greenwich Office Park 5, Greesr.►ich, Connecticut 06831, hereinafter called Grantor, and tniITED PARCEL SERVICE, INC. , an Ohio corporation, whose Trailing address is 51 Neaver Street, Greenwich Office Park 5, Greenwich, Connecticut 06836, and whose Taxpayer Identification Number is 36- 2407381, hereinafter called Grantee= (Wherever the context hereof so requires or admits, the terms "Grantor" and "Grantee" 1 include singular and plural, and use of any genders R to all genders, and this n all pa 8s ereto and their legal instrument shall be b representatives, suce�s ' WITNESS ,IIJJ nd in consideration of the sum of Ten Dol 0. 1 ha by the Grantee, the receipt whereof is 'j Y acknowled , h mired, released and quitclaimed, and by presents remise, release and quitclaim unto the Grant e 7 � title, interest, claim and demand which the said Grantor has in and to the following described parcel of land, situate, lying and being in the County of s •- — . - ''Collier,` State of Florida, to wit: A tract of land lying in the Northeast Quarter of Section 36, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commencing at the East one Quarter corner of said Section 36 run North 0o degrees 00 f said minutes 36 seconds West along the East o n a oa line Northeast Quarter 260.01 feet to a p 200.00 Feet North of and parallel with the Northerly right of way line of Enterprise Avenue and the Point of Beginning; thence South 89 degrees 22 minutes 37 seconds West along said line 620.73 feet to the centerline of commercial Boulevard; thence North 00 degrees 01 minutes 28 seconds West along said centerline 428.50 feet to the centerline of Domestic tic Avenue; thence North 89 degrees rolongation of said seconds East along the Easterly p centerline 30.00 feet to the Easterly right of way line of Commercial Boulevard; thence North 00 degrees 01 minutes 28 seconds West along said line et w E- CL v► c � CL E e R, U' d p U ve d,w v' _W u � J J 0 fY - v 0 C: a b N Ci w !T1 p Vrapod r Tn� Claw oi& � °,•T°R N-01"U- '....' , t :'•.'cY : r crida 32302 Att o ioc R. uox L x611 .7_.gJA, BY y PRO ;TOR. J _,�.d OR BOOK PACE 051 .51 €eat to the intarsocti with Me AVtex y ptolo vation o€ the, canteriina of Progress then" North 04 d"C"O 22 Ainutes S9 sea"Ads rAst along said line 592.00 rest to the test line of the northeast 0 & ed 3�l S#a d door*" 00 I, n gasta ng i line 1086.95 feet to the point of Beginning. LtSo ANO 8XCZPT: A tract of land tying in the Northeast Quarter of Section 36, 'fowa 4 South, Fl Range 25 Last, Collier County, pior ida , Txors particularly described as follows Commencing at the East one Quarter corner of said Section 36 run North 00 degrees 00 minutes 36 seconds Kest along the East line of said Northeast Quarter 260.02 feet to a point on a line 260.00 feet North of and parallel with the South line of the Northeast 1/4 of said Section 36` thence south i Bq�orees 2� t toes 37 seconds West along int on a line 70.00 feet Easterly of as measured po at right angles to the We line of the East 1/4 of and the Northeast 1/4 of said Section es 22 mnutesi39 of Beginning? thence South 89 degr e seconds West 30.00 feet: thence North oo degrees 01 minutes 28 seconds e Northeastl1 /4tof said eSection 36 the East 1/ North a distance of 428.50 feet to the Easterly extension of the centerline of Domestic Avenue: thence s is d 89 degrees 22 ptinut conds East along line 30.00 feet: degrees 01 Point of 28 seconds E Point of Beginning. G fication No. Property A 00281600009 TO with all and or in anywise singular the ap appertaining, and a e estate, r e, interest and claim G law or equity, to the whatsoever of the sa ( tor, ei only proper uses, benefit the said Grantee. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. signed, sealed and delivered in the presence of: CS 1imu witness) VCor'Pr_njted Maas of w Loess). Cs Onsturc of witness) Clyped or Printed Msae .w Loess) NEWBANy CORPORATION .As- WIhce Presidelit (Corporate Seal) 2 Wr PAGE x A OR MIM or MUM dyl�l�._.._....__ tfo aea tlsis to= cseimet_Qait Claixr DOW vas aG3, by l t SEK day of �< <s,�► i9ii by �—k co ratloa, a V06 presi�t fo�rigit IMFT Ct7i�MfttA'tt0lt, a tte+e tEork carps My Commission Expires: 31 3 wVARGAPC M. 8h TY COUMISSi6\ ' (1: Cl"-.,.3 A!r mecca Ea.xs t. nd XI, t:» KjpWM\n9ubwW-qcd *t tfw �*' MA t vw or Fr►n�aa O Of com' , 1 IC�A- f (tiesav#al seal) GMrri mOw =& or- DT*A r Oy�R COZT G r am 'Jecelod 3 ,n OA CO, Ram a lDR CHIME t C. GI E5. CLERK COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CELU20080003784 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, section(s) 3.02.03, 4.05.01 [A] and 4.05.01 [B][3]. Kitchell T. SNOW, Code Enforcement Official Department Case NO. CELU20080003784 DESCRIPTION OF VIOLATION: Utilizing off street parking for other than parking of motorized vehicles. 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. For the general welfare of the public adequate off street parking must be provided and maintained to the minimum standards of this code. Remove all ramps, stands or any other material occupying off -street parking facilities within 14 days of the date of this hearing or a fine of $250.00 a day will be imposed until such parking spaces have been cleared. 2. The respondent must notify the Code Enforcement Investigator, within 24 hours the _violation has been abated in order to conduct a final inspection to confirm abatement. REV 2/23/06 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. UNITED PARCEL SERVICE, INC. Respondent CEB NO. CELU20080003784 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That United Parcel Service, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 971 Commercial Blvd., Naples, Florida, Folio 00281840005, more particularly described as (see attached Legal) was in violation of Collier County Ordinance 04 -41, the Land Development Code, as amended, sections 2.02.03, 4.05.01 A and 4.05.01 B(3) in the following particulars: By utilizing off - street parking spaces for other than parking of motorized vehicles. 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 2.02.03, 4.05.01 A and 4.05.01 B(3) did exist, but have been corrected. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.10 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this � ✓ �day of , 2008 at Collier County, Florida. CODE NFORCEMENT BOARD COLLIER COUNTY, F RIDA B . erald Lefebvr hair 2800 North Wrsesboe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of WJfi_, 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Flori2la, who is personally known to me or .-' who has produced a Florida Driver's License as identification. V A :�Y� 9 H-C NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to United Parcel Service, Inc., Corporation Service Company, R.A., 1201 Hays Street, Tallahassee, FL 32301, Michael L. Eskew, 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328 and United Parcel Service, Inc., Tax Department, P. O. Box 28606, Atlanta, Georgia 30358. this (9LC day of I�, 2008. M. Jean 9PIlKson, Es q. 9 Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 ta�a 01 F LURIUA : ounty of COLLIER I HEREBY CERTIFY THAT this is a bum$ : oorect cony of a pwor rent,on file In Board Minutes �!l , ;: 4 #.Collier{ AfI�TN �SS rni /',p ` r,T' °'i:�I $e8I �3 OUffTS DA �n �•, :il Pi KRISTINE H0L70N MY COMMISSION ti DD 686595 a : EXPIRES: June 18, 2011 Publ Underwrtars R% Sondod Thru Notary c V A :�Y� 9 H-C NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to United Parcel Service, Inc., Corporation Service Company, R.A., 1201 Hays Street, Tallahassee, FL 32301, Michael L. Eskew, 55 Glenlake Parkway, N.E., Atlanta, Georgia 30328 and United Parcel Service, Inc., Tax Department, P. O. Box 28606, Atlanta, Georgia 30358. this (9LC day of I�, 2008. M. Jean 9PIlKson, Es q. 9 Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 ta�a 01 F LURIUA : ounty of COLLIER I HEREBY CERTIFY THAT this is a bum$ : oorect cony of a pwor rent,on file In Board Minutes �!l , ;: 4 #.Collier{ AfI�TN �SS rni /',p ` r,T' °'i:�I $e8I �3 OUffTS DA .QA&.. =up •4 a tst Q t s "TaII REMM COLM ~09" atI 1349 ovls CIAIN Dan MA A± "rT = C* THIS MENTUM, made this _� day of �', AU& 1991 O Co cur........ O .00 between liENBANY CORPORATION, a flew York corporation, whose mailing � eff address is c/o UPS, Greenwich Office Park 5, Greenwich, Connecticut 06831, hereinafter called Grantor, and UNITED PARCEL SERVICE, INC., an Ohio corporation, whose mailing address is 51 Beaver Street, Greenwich Office Park 5, Greenwich, Connecticut 06836, and whose Taxpayer Identification Number is 36- 2407381, hereinafter called a 0 Grantee; n N c� w (Wherever the context hereof so requires or admits, the M ea terms "Grantor" and "Grantee" iWall include singular and plural, ^ and use of any genders C R to all genders, and this instrument shall be b n g upon all pa I es ereto and their legal representatives, su cs s n as i no.) WITNESS , t nd in consideration of the sum of Ten Dol 0. , ha by the Grantee, the receipt whereof is y acknowled , h emised, released and quitclaimed, and by presents remise, release and quitclaim unto the Grant e �a Vh t, title, interest, claim and demand which the said Grantor has in and to the following described parcel of land, situate, lying and being in the County of V_`_" ­­ . collier,-- State of Florida, ' to wit: m m cr � � o E �a sn O � Y • U r� 44 64 U` 1010 W W J U U O 0 A tract of land lying in the Northeast Quarter of Section 36, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commencing at the East One Quarter corner of said Section 36 run North 00 degrees 00 minutes 36 seconds West along the East line of said Northeast Quarter 260.01 feet to a point on a line 200.00 feet North of and parallel with the Northerly right of way line of Enterprise Avenue and the Point of Beginning; thence South 89 degrees 22 minutes 37 seconds West along said line 620.73 feet to the centerline of Commercial Boulevard; thence North 00 degrees 01 minutes 28 seconds West along said centerline 428.50 feet to the centerline of Domestic Avenue; thence North 89 degrees 22 minutes 48 seconds East along the Easterly prolongation of said centerline 30.00 feet to the Easterly right of way line of Commercial Boulevard; thence North 00 degrees O1 minutes 28 seconds West along said line ` aas P W6d in tote low PROD TOR of c r0A_T-� AuB1.EY. Na115J:� ?! �• ' • ...... : aan, r' ^aid6 32302 � Pest dffia° V 66L jULLM4 PRO^.TOR. to ...�..,..R,.�.�a� �..__ .................. . OR BOOK PACE 65S.sl teeeet to the Intersection with the Easterly pr4olongation of the oenteri ine of pro9rasd Ave=_nne: them* North 49 degrees 22 ninvtes " s*0Oft 0 Last along said line 542.00 feet to the East ling of the Northeast Quarter of said section 34s theam South 00 deareas 00 ninutes 36 seconds Bast a1*M said lisle 1.086.99 feet to the point of Beginning. 1288 Also txczrrs A treat of land lying in the northeast Quarter of Section 36, Township 49 South, Range 25 Last, Collier County, Florida, more particularly described as follows: Cool, eneing at the East One Quarter corner of said Section 36 run North 00 degrees 00 sinutes 36 seconds best along the East line of said Northeast Quarter 260.02 feet to a point on a line 260.00 feet North of and parallel with the South line of the Northeast 1/4 of said section 36; thence South 89 degrees 22 minutes 33 seconds West along said !1" 590.73 feet to a point on a line 70.00 feet Easterly of as measured at right angles to the West line of the East 1/4 of the Northeast 1/4 of said Section 36 and the Point of Beginnings thence South 89 degrees 22 minutes 37 seconds West 30.00 feet; thence North 00 degrees 01 minutes 28 seconds West parallel to the West line of the East 1/4 of the Northeast 1/4 of said Section 36 a distance of 428.50 feet to the Easterly extension of the centerline of Domestic Avenue; thence North 89 degrees 22 inut coeds East along said line 30.00 feet'! 'degrees 01 minutes 28 seconds E o the Point of Beginning. G Property A pr i S. �-Pe i nt fication No. 00281600009 TO HA . �L o'n'ce t gether with all and singular the app n ces t ing or in anywise appertaining, and a e estate, rJ e, interest and claim whatsoever of the sa r,¢. tor, eit law or equity, to the only proper use, benefit l I the said Grantee. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: CS posture of Witness) i4nR1) .4 U &AZ rW'ted �NNaame of witness) CSipnature of Witness) /stir. r / /,,ice (typ or Printed Name of Witness) NEWBANY CORPORATION :J BI S LO u%OOij Ast ice President , Y orate Seal) (Corp - 2 ........_ �_ ..... _ _. e Ok PACE AIZI oar - MUM Of at&ww _ j. feratseisu:_Qttit Ciafxr iload was i99 3fyt � fart -" tkis Of a6tt f.lmrataon as v � aidQStt of t$ft6i1��CClRpt?irA'fLOti, a Nei► York corperatinn, on behalf of the corporation. 14y Commission Expires: VARG6RR M. PF;'._,TY CoMmissict ti, C, Ail CCAOIZ a La'. L.4 a, is» M.,PwPS\ned=Y -qcd —ttvw of vrwted . of 'u mvca or bf4-nf (U�t�iS re.f (No%avk 1 seal) GM P4 i cri omFIL oz bj+-j r R CQU G � V CIE CIRC 3 gKp�be� jie .)er 01 m pryK�s� Aeco �jAMESCC.GI ES.CLEERKK 1' WILLS AND TRUSTS PROBATE AND TRUST ADMINISTRATION REAL ESTATE - TITLE INSURANCE CIVIL LITIGATION DEBORAH A. STEWART 400 FIFTH AVENUE SOUTH SUITE 200 NAPLES, FLORIDA 34102 August 15, 2008 VIA Courier Service Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Re: BCC vs. Macasevich; Dept. Case No. 2006100314 Request for Continuance Dear Sir /Madam: TELEPHONE: (239) 262.7090 FACSIMILE: (239) 262.4774 dslegal@earthlink.net This is to advise that the undersigned is the attorney for Jeffrey Macasevich. Enclosed please find a copy of Notice of Administrative Proceedings - Imposition of Fines /Lien that was forwarded to our client. Please consider this letter a Request for Continuance of said proceeding. Thank you for your assistance in this matter. Should you have any questions concerning the foregoing, please do not hesitate to contact me, or my assistant Marie, at the above phone number. /msm Enclosure as stated cc: Client Very truly yours, B l Deborah A. Stewart WILLS ANO TRUSTS PROSATC AND TRUST ADMINISTRATION RCAL ESTATE - TITLE (NSU RANCC CIVIL LITIGATION DEBORAH A. STEWART 400 FIrTN AVCNUC SOUTH SUITE 200 NTAPLES, FLORIDA 34102 August 21, 2008 Ms. Jen Waldron Collier County Code Enforcement via email o@ jenniferwaldron(&- colliergov. net Re: BCC vs. Macasevich; Dept. Case No. 2006100314 Request for Continuance Dear Ms. Waldron: TeLCPNONe: (239) 262 -7090 FACSIMILE: (239) 262 -4774 dsleg al6earthlink.net Please consider this a supplement to my letter dated August 15, 2008 requesting a continuance of the above captioned matter. By way of explanation, Mr. Macasevich continued to be hospitalized several times over the last six months or so. His problems were compounded with his inability to find gainful employment, and he is now suffering severe financial difficulties. As a result, he has been unable to devote the time and resources necessary to bring this matter to a satisfactory conclusion. In addition, he has been unable to locate an architect willing to take on this relatively small case and certify the improvements that were made to his home. However, Mr. Macasevich's medical condition has improved recently, and he became gainfully employed approximately thirty (30) days ago. He assures me he will apply for the necessary permit within two (2) weeks, and he will aggressively seek the services of an architect to provide the necessary certifications. Therefore, Mr. Macasevich respectfully requests the Board to grant him a continuance of the hearing. Neither he nor I are able to attend the hearing tomorrow. Should you require further documentation, please contact me. Very truly yours, Deborah A. Stewart cc: Mr. Jeffrey Macasevich CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006100314 vs. JEFFREY A. MACASEVICH, Respondent ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on September 25, 2008. Respondent waives written notice. 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 COUNT VORI D B G erald Le eb Chair scat2 of u?tlj oh s eshoe Dr' e :ounry of CW41gR'" ?' Naples, Florida 34104 1 H EREI3Y RTlFy THk t$ a true sAd .orrect COPY, of a 4o''� ?t�tT nt a die 111 Board Mirsu ±es At?c' ? i�?--a of Collier COU* VITNE55 .n <, r3 - iii seal thts nmw LK CLERK OF COUIM I I 1 • Ill STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) -GI-- L The foregoing instrument was acknowledged before me thisr2 day of" 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who s personally known to me or who has produced a Florida Driver's License as identification. ,•. I.•1 $ KRISTINE HOLTON NOTARY PUBLIC :. MY COMMISSION # DD 686595 My commission expires: EXPIRES: June 18, 2oi t n Bonded Thru Mowry Public Undx mun CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jeffrey A. Macasevich, 4469 Lakewood Blvd., Naples, Florida 34112 this day of./b, 2008. �h. M. Jean RaWson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 Aug 14 2008 11:39AM J. PEACEFUL /-THE FRENCH 2395140991 Peaceful LLC P.1 7770 Preserve Lane iiaples. FL 34119 P6ose: (239) 594$696 Fix: (239) 514 -0991 facsimile transmittal To: Secretary, Code Enforcement Board 252 2343 Rail: Georges Chami Date: l hursday, August 14, 2008 Re: Notice of Hearing, Erse: 2007060367 Paw: 2. Fax # 252 2343 Dear Sirs, Following the Notice Of Hearing Administrative Proceedinc is, received by our Registered Agent on August 12 2008, and by us via FedEx on August 10, we respectfully request this hearing to be moved to a lager date due to the very short notice, and due to our prior commitments. We appreciate your understanding. Please for future, correspondence to direct them to the oa porate office: 7770 Preserve Ln, Naples, 34119, Fax 239 514 0991 We are always available to help, iF need be please call me at 239 5717777 Best regards J. Peaceful 4-C. Georges President CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. J. PEACEFUL, L.C. Respondent CEB NO. 2007060387 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Code Enforcement Board's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Code Enforcement Board's Motion for Continuance is GRANTED. This matter will be heard at the January, 2009 Board hearing. 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 � y of a , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, F ORI BY: erald LeYo , Chair 2800 Nortseshoe D vestem Ol FLORIDA l�(aples, FI 34104 ; ounty of COLLIER I HEREBY CERTIFY THATth%• tib"`00 :orrect cosy of 3 Cco ;;rlPrtC ott file tltf,,e . hoard Minutes and Recom, "Ot C611igr ( p N�tTNE$$ n1V f ilJ iai'. 1 G,lii:�iilE�l ffft ._1+ day of � w :)WIGXT E. BROCK,QCLERK OF COURM I' STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who i personally known to me or J/,' who has produced a Florida Driver's License as identification. ;1,,, KRISTINEHOLTON NOTARY PUBLIC 0 ... MY COMMISSION # OD 686595 My commission expires: EXPIRES: June 18, 2011 wwW 1Hnt NOW PU* Vndonvriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to J. Peaceful, L.C. and Truxton Bolano, R.A., 12800 University Drive, Ste. 350, Ft. Myers, FL 33907 this L- of 2008. M. Jean Owson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 COLLIER COun 1 Y, 1'LVICwa CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY CONMSSIONERS, Petitioner VS. ASCENSION INC Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER v CEB CASE NO.2007100552 BEFORE ME, the undersigned authority, personally appeared Kitchell Snow, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 27'B, 2008, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) in Order # 1 of the Board in that the respondents are to obtain permits for said sign or remove within 30 days (April 26b, 2008) of the date of the hearing or a fine of $150.00 a day will be imposed until such time as the sign has been permitted or removed, and in Order # 2 of the Board in that the respondents are to obtain all inspections through certificate within 60 days of permit issuance or a fine of - — $150.00 a day will be imposed until such time as the violation has been abated, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4347 PG 0573. 2. That the respondent didn't contact the investigator. 3. That a re- inspection was performed on August 20th, 2008. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: In order # 1 of the Board the permit was obtained on May 6f, 2008 not within the time limit of April 26th, 2008. In order # 2 of the Board in that all inspections through certificate of completion must be accomplished within 60 days (July 5th, 2008) of permit issuance. 5. The permit was issued a final certificate of completion (CO) on August 10, 2008, the violation is abated as of this date. FURTHER AFFIANT SAYETH NOT. Dated August 206', 2008. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA COD NF CEMENT BOARD �itche n w Code Enforcement Official (Print/Type /Stamp Commissioned Name of Notary Public) Personally known J REV 1/9/08 day of August 2008 by Kitchell T. Snow. NOTA- YMBLIC. STATE OFFLQp�,A %_ p Delicia Pulse Cca?raission # �o DD629723 BOND.... T PL *es: JAIJ 16, 2011 HRU ATLAtJTIC BONDING CO, INC. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. ASCENSION, INC., Respondent CEB NO. 2007100552 ORDER IMPOSING FINE /LIEN AND ORDER ON MOTION TO REDUCE /ABATE FINES THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Respondents' Motion to Reduce /Abate Fines. The Respondent appeared in person. The Board having considered the following (a) the gravity of the violation; (b) actions taken by the Respondents to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the 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 Fine. THIS CAUSE came on for public hearing before the Board on March 27, 2008, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 2, 2008 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4347, PG 0573, et. seq. on April 8, 2008. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated April 8, 2008, it is hereby ORDERED, that the Respondent, Ascension, Inc., pay to Collier County $404.16 for the operational costs incurred in the prosecution of this case. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this � day of 2008 at Collier County, Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORI A BY. Gerald LefeVrseshoe air 2800 North ve Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. Q IQMM14EHOLTON NOTARY PUBLIC' i MY COMMISSION R DD 686595 My commission expires: EXPIRES: June 18, 2011 �� dondbd Thru Ndtery PubRo UnOerwtlera CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ascension, Inc., Mohan Raj, R.A., 4869 Southern Blvd., West Palm Beach, FL. 33415 thisZja*4'day of 2008. M. Jean son, Esq. Florida Bar No. 750311 SX313 Ot F LOR10A Attorney for the Code Enforcement Board : ounty of COLLIER 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 I HEREBY CERTIFY THAT this Is 8 true 04 (239) 263 -8206 . oorect copy of a oacument on file In Board Minutes and Ra-corg&o# cQuIer COOF* AfIT�IESS my n ate- - Atiai -se l tms 22t` daY of r, �wI E. BRca) cL EPA OF C=MW � -40M Raw ,No t, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. EDUARDO AND MARIA RODRIGUEZ, Respondents �� C.A- � d --3 ( q (Eg CEB NO, 2007 -80 ORDER IMPOSING FINE /LIEN THIS CAUSE came on for public hearing before the Board on August 23, 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 August 27, 2007 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4276, PG 3203 , et. seq. on August 30, 2007. The Code Enforcement Official testified under oath that the required corrective action has been taken as ordered as of February 27, 2008. Accordingly, it having 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, Eduardo and Maria Rodriguez, pay to Collier County fines in the amount of $1,000. 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 Respondents. DONE AND ORDERED this ►-j 4.41 day of &vlc h , 2008 at Collier County, Florida, CODE ENFORCEMENT BOARD Gerald LeFebvrb, a 2800 North Ho eshot Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this qLk day of Ma rck , 2008, by Gerald LeFebvre , Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or v/ who has produced a Florida Driver's License as identification. ,fiN -, v , ITINE k NOTARY PUBLIC MY COMMISSION # DD 686595 My commission expires: EXPIRES: June 18, 2011 8adad Tl+ru N PuL•:�. Underwriters I CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Eduardo Rodriquez and Maria L. Rodriguez, 3600 Poplar Way, Naples, Florida 34112 this �- � day of 2008. M. Zan wson, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 r o u W of COWER i HEREBY CERTIFY THAT IM Is 4. We W wrred copy of a'd*rn9nt p f11,0)9 Board Minutes and*ecg►^a � NWNESS my hw tran off iclal seai t iia 1-04� day of E. BROCK;V Ek OF CQ" / CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. VICTOR FIGUEROA (deceased), TOMASA FIGUEROA. Respondent CEB NO. 2007-77 ORDER IMPOSING FINE /LIEN 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 Findings 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 3198 , et. seq. on August 30, 2007. An Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has complied with the Order dated August 27, 2007, it is hereby ORDERED, that the Respondent, Victor Figueroa, 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 Respondents. DONE AND ORDERED this day oft-- No V(� , 2008 at Collier County, Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY,KOR -P5Ai 2800 Nortfi orseshoe Drive Naples, orida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this' 44- day ofjMarCk_ ersonall 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is known to me or 6-**" who has produced a Florida Driver's Licen e as identification. p y i1a "• KRISTINEHOLTON NOTARY PUBLIC MY COMMISSION 0DD6865�5 My commission expires: EXPIRES: June 18, 2011 �Rfi th Banded Thru Notary Public UndetW ors CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Tomasa Figueroa, 1207 N. 19'h Terrace, Immokalee, Florida 34143 this �-� day of f%)OL V-CA N , 2008. M. Jean son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste, 300 Naples, Florida 34102 (239) 263 -8206 S` ft, 01 FwffiliA OCR" of {ioU-11. correct) y g#�'4!t(I terton,fiie In Board tes ara !`f#dwidcof Coaiier Conn* THE Amy, ^ C f dial seal this d yr of, 1� d M OW7=tr RT Z