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CEB Backup 06/28/2012CODE ENFORCEMENT p V hi Backup 6/28/2012 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: June 28, 2012 Location: 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Division Planning & Regulation Conference Room 609/610 NOTICE: THE RESPONDENT MAY BE LIMITED 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 ORDER 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 Robert lsufman, Chair Gerald Letle$vre, Vice Chair Kenneth Kellyy1 James Lavinski', •" Larry Mieszcak 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — A. May 24, 2012 B. May 24, 2012 Workshop 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Lionel L' Esperance Tony Marino Ronald Doino, Alternate Chris Hudson, Alternate 1. Paul A. & Cathleen Burcky CESD20110011764 Motion for Extension of Time 1. Jose F. Casarez B. STIPULATIONS C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: CESD20110006185 Nod CEOCC20120002338 ROBERT E. & COLLEEN ROSSOMANDO INVESTIGATOR JEFF LETOURNEAU COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 2.02.03 OPERATING AN INN -TYPE LODGING BUSINESS IN AN ESTATES ZONED DISTRICT 36661320009 4641 5'H AVE NE NAPLES, FL 34119 CESD20110006729 JASON NARDELLA INVESTIGATOR MICHELE MCGONAGLE 2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 110.1 USE AND OCCUPANCY PERMIT # 2009020211 FOR A POOL AND SPA EXPIRED ON AUGUST 4, 2009 WITHOUT OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION/ OCCUPANCY 66262014467 343 BURNT PINE DRIVE NAPLES, FL 34119 0 4. 5. CASE NO: CELU20110011262 OWNER: GRACELYN MOSTACCIO RUE OFFICER' INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 1.04.01 KOWIACHOBEE ANIMAL PRESERVE, ESTATES ZONED PROPERTY, ADVERTISING AND ALLOWING SCHEDULED TRIPS /TOURS FOR THE PUBLIC FOLIO NO: TO VIEW ANIMALS ON AN ESTATES ZONED PROPERTY FOLIO NO: 40926160000 VIOLATION 1165 EVERGLADES BLVD. N. NAPLES, FL 34120 ADDRESS: 28614 TH AVENUE S.E. NAPLES, FL 34117 CASE NO: CESD20120000189 OWNER: JORGE G. RODRIGUEZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) GARAGE AND CBS GUEST HOUSE WITH NO VALID COLLIER COUNTY BUILDING PERMIT FOLIO NO: 40579120002 VIOLATION ADDRESS: 1165 EVERGLADES BLVD. N. NAPLES, FL 34120 CASE NO: CESD20100007042 OWNER: KIRK SANDERS OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDIITON, CHAPTER 1, SECTION 105.1, COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTIONS 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) AND 2.02.03 APPROXIMATELY 12 MOBILE HOMES WERE INSTALLED WITH SEVERAL ADDITIONS ADDED TO THE MOBILE HOMES CONSISTING OF CARPORTS, SCREEN PORCHES, ROOF OVER'S, AND LIVING SPACE BELOW FLOOD LEVEL WITH ELECTRICAL AND PLUMBING WITHOUT FIRST OBTAINING ALL REQUIRED BUILDING PERMITS FOLIO NO: 56150200005 AND 56150520002 VIOLATION ADDRESS: 2280 PINELAND AVENUE NAPLES, FL 34112 CASE NO: CESD20120003854 OWNER: WILKERT & FIDELENE EUGENE OFFICER: INVESTIGATOR JOE MUC14A VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) PERMIT FOR ADDITION THAT HAS NOT COMPLETED ALL INSPECTIONS AND RECEIVED CERTIFICATE OF COMPLETION /OCCUPANCY. PERMIT IS NOW EXPIRED FOLIO NO: 35757800007 VIOLATION ADDRESS: 4478 18TH AVENUE SW. NAPLES, FL 34116 8. 10. CASE NO: C E S D20110017156 `r��`�� OWNER: RONNIE G. & BEVERLY J. BISHOP OFFICER: INVESTIGATOR CARMELO GOMEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE. 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) TURNED PERMITTED GARAGE INTO A GUEST HOUSE FOLIO NO: 294600009 VIOLATION ADDRESS: 1329 SAINT CLAIR SHORES RD. NAPLES, FL 34104 CASE NO: CELU20120000522 OWNER: SHERRY LICHTMAN OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 2.02.03 ACCESSORY STRUCTURE REMAINS ON THE PROPERTY AFTER PRIMARY STRUCTURE WAS DEMOLISHED DUE TO FIRE FOLIO NO: 36914600007 VIOLATION ADDRESS: 371 19TH STREET NW NAPLES, FL 34120 CASE NO: CEPM20100019476 OWNER: ERICK DORESTIL & ELVITA PIERRE OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: 2010 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17, COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a), COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22, ARTICLE VI, SECTION 22- 231(15) NO PROTECTIVE BARRIER SECURING SWIMMING POOL. SWIMMING POOL PERMIT EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION FOLIO NO: 40527040008 VIOLATION ADDRESS: 3661 12TH AVENUE NE NAPLES, FL 34120 CASE NO: CESD20110003387 OWNER: PRIME HOMES AT PORTOFINO FALLS OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY ORDINANCE 2007 -46 5.7(B)(N) FAILURE TO INSTALL ARTERIAL LIGHTING. FAILURE TO SUBMIT ROW CONVEYANCE FOR PRISTINE DRIVE FOLIO NO: 204040002 VIOLATION ADDRESS: 7373 VANDERBILT BEACH RD. NAPLES, FL 34119 00 0 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: CESD20110006971 OWNER: HENRY & JAN E. HOLZKAMPER OFFICER: INVESTIGATOR MICHELLE SCAVONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e) DRYWALL HAS BEEN REMOVED AND REPLACED IN THE EAST BUILDING'S BOTTOM EAST UNIT (A) AND THE STAIRS FOLIO NO: ON THE FRONT OF THE EAST BUILDING HAVE BEEN REPAIRED TO INCLUDE VIOLATION BUT NOT LIMITED TO: HANDRAILS, STEPS AND SUPPORTS WITHOUT FIRST FOLIO NO: OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS FOLIO NO: 5260044005 VIOLATION 2169 VARDIN PLACE NAPLES, FL 34120 ADDRESS: 3230 THOMASSON DRIVE NAPLES, FL 34112 2. CASE NO: CESD20110003492 OWNER: ROBYN M. CANTARA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) EXPIRED PERMIT #2010070368 FOR POOL /SPA/ CONCRETE DECK, EXPIRED PERMITS # 2010070898 FOR ADDING LANAI/ SUMMER KITCHEN AND FOLIO NO: EXPIRED PERMIT # 2010081074 FOR TANK INSTALLATION WITH PIPING AND TO VIOLATION HOOK UP POOL HEATER AND GRILL FOLIO NO: 78695204324 VIOLATION ADDRESS: 2169 VARDIN PLACE NAPLES, FL 34120 CASE NO: CESD20100008859 OWNER: JAMES A. & JULIA M. ASKEY OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) MOBILE HOME ON THE PROPERTY WITHOUT COLLIER COUNTY PERMITS FOLIO NO: 101040008 VIOLATION ADDRESS: 7920 FRIENDSHIP LANE NAPLES, FL 34120 4. CASE NO: CESD20100003911 OWNER: ELIAS NICOT OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) EXPIRED/ CANCELLED BUILDING PERMIT 970019848 FOR CBS SINGLE FAMILY RESIDENCE FOLIO NO: 39329240004 VIOLATION ADDRESS: 670 20TH STREET NE NAPLES, FL 34120 8. CASE NO: CESD20110004532 OWNER: JUDSON G. WHITE OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) THE ORIGINAL POOL PERMIT WAS CANCELLED AND A NEW PERMIT WAS OBTAINED FOR THE POOL, HOWEVER, THE NEW PERMIT HAS STALLED WITHOUT COMPLETING ALL REQUIRED INSPECTIONS AND OBTAINING A CERTIFICATE OF COMPLETION/ OCCUPANCY FOLIO NO: 38055840009 VIOLATION 38664320004 ADDRESS: 3330 31ST AVENUE SW NAPLES, FL 34117 CASE NO: CESD20090010573 OWNER: EDGAR PEREZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 NO COLLIER COUNTY BUILDING PERMITS WERE OBTAINED FOR ELECTRICAL AND PLUMBING MODIFICATION TO THE MAIN STRUCTURE AND FENCE, INVALID BUILDING PERMIT FOR HORSE BARN WITHOUT ISSUANCE OF A CERTIFICATE OF COMPLETION FOLIO NO: 38664320004 VIOLATION ADDRESS: 344556 TH AVENUE NE NAPLES, FL 34120 CASE NO: CEAU20110013571 OWNER: JEFF J. & JOAN R. REEDER OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i) AND FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, PERMITS, SECTION 105.1 MULTIPLE SHED TYPE STRUCTURE AND A FENCE CONSTRUCTED WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39393520006 VIOLATION ADDRESS: 2321 10TH AVENUE SE NAPLES, FL 34117 CASE NO: CESD20120000335 OWNER: ARNOLDO & DAISY DE LA CRUZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) A GARAGE ENCLOSURE, SHED, ELEVATED DECK AND FENCE WITHOUT VALID COLLIER COUNTY BUILDING PERMITS FOLIO NO: 39784640003 VIOLATION ADDRESS: 377047 TH AVENUE NE NAPLES, FL 34120 00 IN 9. 10. 11 12. CASE NO: CESD20110005690 OWNER: LUIS ARTEAGA & RUBY OSORIO OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i) OBSERVED A SHED ON THE SOUTH SIDE OF THE PROPERTY AND A SHED TYPE STRUCTURE HOUSING CHICKENS ON THE NORTH SDE OF THE PROPERTY ALL BUILT WITHOUT COLLIER COUNTY BUILDING FOLIO NO: PERMITS FOLIO NO: 37227400003 VIOLATION 1610 IVY WAY NAPLES, FL 34117 ADDRESS: 7756 TI STREET SE NAPLES, FL 34117 CASE NO: CESD20110005082 OWNER: EAGLES BOND INVESTMENTS, INC. OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 CONDITIONS OF THE PERMIT AND ORDINANCE, 04 -41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(B)(1)(a) EXPIRED PERMIT NUMBER 2006071705 FOR A SET MOBILE HOME, 2000 MODEL FOLIO NO: 306720000 VIOLATION ADDRESS: 1610 IVY WAY NAPLES, FL 34117 CASE NO: CESD20110006351 OWNER: DAVID SCHAARE JR. OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i) BARN TYPE STRUCTURE AND SHED BUILT ON THE PROPERTY WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 37283440007 VIOLATION ADDRESS: 5202 ND STREET NE NAPLES, FL 34120 CASE NO: CEV20100018622 OWNER: KRISTA L. MARCIAL IRIZARRY & JOHN IRIZARRY OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 2.01.00(A), NOW FOUND IN CODE OF LAWS AND ORDINANCES, ARTICLE III, CHAPTER 130 -95 MANY UNLICENSED AND INOPERABLE VEHICLES AND TRAILERS ON THE ESTATES ZONED PROPERTY, 2 VOLKS BEETLES, VANS, COMMERCIAL TRAILERS AND MORE FOLIO NO: 39210380002 VIOLATION ADDRESS: 105 16TH STREET S.E. NAPLES, FL 34117 13. CASE NO: CESD20100020099 OWNER: PAUL & JACQUELINE RICHARDS OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04 -41 AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 2007 FLORIDA BUILDING CODE, CHAPTER 4, SECTION 424.2.17 PERMIT NUMBER 2010040206 EXPIRED ON OCTOBER 2, 2010. NO CERTIFICATE OF COMPLETION OBTAINED. TEMPORARY SAFETY BARRIER HAS FALLEN DOWN AND IS NOT SECURE. FOLIO NO: 37748320002 VIOLATION ADDRESS: 58024 T" AVENUE N.E. NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien 6. NEW BUSINESS 7. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - July 26, 2012 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110011764 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PAUL A & CATHLEEN T BURCKY, Respondent(s) NOTICE OF HEARING MOTION FOR CONTINUANCE PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06128/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4425 North RD SERVED: PAUL A & CATHLEEN T BURCKY, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servictos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. May 11, 2012 Colleen Crawley Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Crawley: My name is Paul Burcky and I reside at 4425 North Road here in beautifiil Naples Florida. I am writing you today to request a continuance on a hearing set for May 21, 2012. The permit # is PRBD20120305380 plan review has approved all but the structural review; they are waiting for the drawings to be resubmitted signed and sealed. This task is in process and should be completed this week. We are asking for a additional 60 day extension in order for the necessary steps to be taken so we can resolve this issue. Sincerely, i Paul A. Burcky CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, vs. Petitioner, CESD20110011764 PAUL A. AND CATHLEEN T. BURCKY, INSTR 4679363 OR 4784 PG 1813 RECORDED 4/11/2012 3:51 PM PAGES 2 Respondents DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on March 22, 2012, 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 Respondent's Motion for Continuance is GRANTED for 60 days (May 21, 2012). 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 -, Y of _ _2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Rer�Ry, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ; ounw of COLLf F •, ; r I HEREBY CERT F THAT #his IS -a, :orrect cony Ct i r7 ©Current ah fkge i t :5oard Minutes; - -and Records -of Gooier CQ>:* , `SS env n. o seal thIS clay of DWI. HT E, BROLK, CLERIC OFICOURM low wwr�" STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this�1 da of (-- ' Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida h�ho is 2, by personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE NOTARY PUBLIC �W. Notary Public - State of Florida M commission expires: My Comm. Expires Jun 18, 2015 Y d Commission # EE 87272 °i �� ,o- �. Bonded Through National Notary ssn. RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Paul A. and Cathleen T. Burcky, 4425 North Road, Naples, FL 34104 this 1 day of ((�' 2012. r r I M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 700 Eleventh Street S., Ste. 102 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006185 COLLIER COUNTY, FLORIDA, Plaintiff, 9" Jose F Casarez, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4806 Miraham DR Immokalee, FL SERVED: Jose F Casarez, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an at idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. � -Qbl z D A TI Al Tc C 3 Y 1; 4-" CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20110006185 JOSE F. CASAREZ, INSTR 4666311 OR 4772 PG 1305 RECORDED 3/8/2012 12:03 PM PAGES 2 Respondent p DVIAGHT COUNTY COLLIER FLORIDA F THE CIRCUIT COURT / REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 23, 2012, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 90 days (May 23, 2012). 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 2012 at Collier County, Florida. :�jaut OT ':; OUntr of COLLIER H EREgY- CERTI THAT Ws Is a t"A t ,oa °rect coot' °�f a aoa�ment o17 fits to Board Minutes Arab RecorQs of Collier Coup' 5 . My 'a 31 at14 Qf v! t seat 1ld1 3 � E; o tCApr GLERK OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2012, by Robert Kaufman, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as idea ificatie . ¢yiY'er1 CHRISTINA L URBANOWSKI ' MY COMMISSION # EE 142130 NOTARY PUBLIC EXPIRES: November 22, 2015 My commission ex ires: Bonded Thru Notary PUblic Underwriters p CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to to Jose F. Casarez, 4806 Miraham Drive, Immokalee, Florida 34142 thisay of q.T— 2012. M. Je"awson, Esq, Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 INSTR 4624612 OR 4734 PG 2819 RECORDED 11/8/2011 3:40 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20110006185 vs. JOSE F. CASAREZ, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on October 27, 2011, 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 Jose F. Casarez is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, did not appear at the public hearing, but entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4806 Miraham Drive, Immokalee Florida, Folio 63082502, more particularly described as (see attached legal) is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: A mobile home installed without fast obtaining a Collier County Building Permit. 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 Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 120 days (February 24, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 24, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. Thai if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 2 '" day of Kf) 0 v , , 2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Z ' 0day of K-,Ic, 2011, by Robert Kauffman, Vice -Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or / who has produced a Florida Driver's License as identification. otPpv'�s KRISTINE TWENTE _ Notary Public -State of Florida ' • My Comm. Expires Jun 18, 2015 NOTARY PUBLIC 9 Commission # EE 87272 My commission expires: ��'',°;,• Bonded Through National Notary Assn. CERTIFICATE OF SERVICE CODE ENFORCEMENT BOARD I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Jose F. Casarez, 4806 Miraham Drive, Immokalee, Florida 34142 this 71` day of ;� 0- , 2011. M. Jean 44wson, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 ftA, �v.,. ;. Naples, Florida 34013 +WWW Welt 263 -8206 HEREQY CERTIFY a�,$ T1'!AT :orreCt CflD s l4U! 1N\ Y ta►►1 @fit11 b1 Board NFrRNtBSyWid 'R ecoras Of aay of tGFiT . ,9WX4(t- ZLER!( OF COttl BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Jose F Casarez Petitioner, Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Jose F Casarez, or Agreement with Collier County as to the resolution CESD20110006185 dated the 9th day of May, 2011. Case No. CESD20110006185 behalf of himself and enters into this Stipulation and of Notices of Violation in reference (case) number In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 27th, 2011; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building permit or Demolition permit and request required inspections to be performed and pass thru a certificate of completion /occupancy within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistancer of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. R or Representative sign) Diane Flagg, Director �- % Code Enforcement Department Respondent or Representative (print) Date Date REV 8/17/11 Maim To g�. ltiv1. Y� IN[YU YIP- .ai.nW Y.y.1 Nve1.Fn y: At— AA.ra, t..r.nr ArM•iY,. rre.l IY.uficuw (r,lY N.Ynl, 1. G, u,rr111 f.l I lrl Sy 2 a{ F d Y 1a fb 111 2357670 OR: 2450 PG: 1299 *It tI=W 11 0ti2= n 1 of Mum ="a f1 It /11/91 at 11:4611 MW 1, ma, MM 0111 22511A Be III i.N IM-.71 151.51 bas: vim I Ulul 3U I=d U nla R 53115 SPACE ABOVE TWS LINE FOR MOCESSINO DATA LACE ABOVE TWIT LINE RM RECORDING DATA M4 is pl:trranfg Esser, Made the 1 1 th day of - AuEuc t 19 U— , by Varnnn Aalary Malley hereinafter called the Grantor, to Jose F, Casarez whose post office address is 4806 Mariham pr' hereinafter called the Grantee. 1wlr..r., I w k" M Ib r.r'O.. v' W vn.w' .clad. A am F.nr. Y IW ..0 .r. W IV man. 1.w I.r..Y.Y.nr. W r.y.. d i.dlni.d.. udm I..s— rd —a— Y cwprrnr. ra....w , . nYrn r .Yr r nl,.l I Pitnrssei4, That the Grantor, for and in consideration of the sum of S L 0 , 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate in C o 1 1 i e r County, Slate of FLORIDA , viz: The East 100 feet of South � of the NW k South, Range 28 East line: the West 800 feet of that part of the of the UE_�— o- g- e^ction 36, Township 46 lYT 9k�th� c:h•e fallowing described From the SW corner of'.i Run N r5 4011 W along t section for 329.94 !fee run N 89' 13'40" Ea, t f Collier County, Flior .d re Tuge� ry ios.,ho f r cody; lr n r, Nat all t lser��n appertaining. Ma Abe artD�ta" c k1th the Grantor hereby Bavent simple; that the grantor has goa4,ri8 the title to said land and will defend land is free of all encumbrances, exeep tan Pihness Wilsrtaf, the said written. .ht NW i of the SFti' �t 'ef said Section 36, e— idest•, line of said quarter quarter tr-1611 e begf'nrisng of said line; thence - r,],6,9- 4<-45 .eti �t e end of said line. e restrictions and i {n {� ii ttixan /£or ; thie current year ant , itawtsnft an bppurtfnances thereto belonging or in anywise , the same in fee with said grantees iwr ti '.r"tiritor is lawfully seized of said land in fee nd lawful authority lursel (-and convey said land, and hereby warrants 71" against the laWA.(, `i ms of all persons whomsoever; and that said rs ja�ruing -Sub,. quittl fo December 31, 19 nrai bra si'g(,kY:czna'sealed these presents the day and year first above Signed, sealed and#livered in the presence of.- 1x1.1.11 aiaf.r111.. Y (w ON.wI C W ate+Ir Y(rr (L. ) Nr w- ay.r.n 1r Y Ce•d.r.r. 11 rrl hnW Nrr ww.. am-- Ir r CMr....r. d Y,l Pn.l.d Nrr STATE OF FLORIDA COUNTY OF COLLIER Vernon Avery Dailev Z�Or..l.r iyulr, Vernon Avery Daile, Pn.r,t Nrr 446 Nnhlog R+ I -Ac l lr FI 66945 F..1 orM AY.ru C-Q,— a.a r.n. (if ..y1 Acrd N.r MI Onn. AY.r. 1 hereby Certify that oD this day, before me, an officer duly authorized to admiRisler oaths and take acknowledgtnents, peraaully appeared known to me 10 be the person_ described 10 and who executed this foregoing instrument, who acknowledged before me that executed the tame, and an oath was not takes. (Check DOE:) Said person(s) istare personally known to Me. 0 Said person(s) provided the following type of identification: NOTARY RUBBER STAMPSaAL —� MINUS my hand and official seal in the County and State last aforesaid �DUPM tllslazCr� I/Id . / Mr�eR►Ragaig i121MI:i CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board .BOARD OF COUNTY COMMISSIONERS, Case: CEOCC20120002338 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Robert E & Colleen Rossomando, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Collier County Land Development Code, 04 -41, Section 2.02.03 LOCATION OF VIOLATION: 4641 5th AVE NW SERVED: Robert E & Colleen Rossomando, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9 :00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduocion ne saran disponibles an Is audiencia y usted sera responsable de proveer su propio traducor, para un major entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. Avedsman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Robert E. & Colleen Rossomando, Respondent(s) DEPT CASE NO. CEOCC20120002338 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I . Violation of Ordinance(s): The Collier County Land Development Code, 04 -41 as amended. Section 2.02.03. 2. Description of Violation: Operating an inn -type lodging business in an Estates zoned district. 3. Location/address where violation exists: 4641 5th Ave NW, Naples FL 34119. Folio #36661320009. 4. Name and address of owner /person in charge of violation location: Robert E. & Colleen Rossomando, 4641 5th Ave NW, Naples FL 34119. 5. Date violation first observed: 2/15/12 6. Date owner /person in charge given Notice of Violation: 3/9/12 7. Date on/by which violation to be corrected: 4/9/12 8. Date of re- inspection: 4/30/12 9. Results of Re- inspection: Non - compliant. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo or a public hearing. Dated this �� day of �%, 2012 /Jeff Letourneau STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER Sworn r affirmed) and subscribed before this —day day of 2012 by (Sign ' e f Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Pers6 al y known x or produced identification Type of identification produced NOTARY Pi; _ ".S i OF FLORIDA E. Baker EE074994 REV 1-4-12 Er SEP,17, 2012 BONDED 7HRi ?:.':.'_" 1: F.,ONDLNG CO., INC. Case Number: CEOCC20120002338 Date: March 09, 2012 Investigator: Michele Mcgonagle Phone:2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Rossomando, Robert E & Colleen 4641 5th Ave NW Naples, FL 34119 Location: 4641 5th AVE NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 2 TR 22 Folio: 36661320009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. Ordinance /Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126, Article IV, Section 126- 111(b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: Violation Status - Initial - SCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). oid Witness: operating an inn -type lodging business in a residential area and operating a business without required zoning certificate and Collier County Business Tax License ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): cease operating the business and rental of rooms until obtaining any required zoning certificate and business tax receipt allowing such use. ON OR BEFORE: 0419/2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: WR 4 Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient 1. _ 1 3Ig(f-L. Date Collier County Land Development Code, 04 -41, as amended, 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 0 ( 788 174 °aFES 10 AM 9: 11 COLLIER COUNTY RECORDED Prepared By: Stanley A_ McDonald. Ally, 4099 Tamiarnl Trail North #307 Naples, Florida 3390 Return b: Tropical Title Irg. Agency NO 9th Street N. •3 Na0m. Florida 33940 Properrty Ideatificsual Number. 36SsT320oo9 1 Graraor's Sodel Security Number.263 -11 -9942 Ft EC Gran r social Security Number: Grantee's Social Security Number INT- NARRAZM DEED 001913 OR BOOK 001028 PAGE To Tropical 7ytle Ins. A 660 9th St North Agency r Inc. Naples, Suite '3 Florida 33940 3rzN38q� THIS DEED, made this j/(� day f rfARtlAr1J' Y 1994, between KURT NEUXAM, whose address is P.o. Box 594, 9iQA Del agar, Chili, ". Grantor, and ROBERT B.ROSSOIOINDO, a single man, and COLLEEN DI10N, a single we=an, as joint tenants with right of survivorship and not as tenants in common, whose address is 4 Fleetwood Drive, New h Fairfield, CT 06812, Grantees. WITH SETE, That said grantor, for and in consideration of $75,000.00 and other good and valuable consideration to said grantor in hand paid by the grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to said grantees, and the grantees' heirs 4. and AJ18+9nW -, — Yvz4mer, the following described prop located 2 in �jT� to wit: Tract 2 �� n 'N�. 2, per plat thereof re o`r1at- SDTfk` of Collier I- Florida. >��, .Vtl�blic Records Subjectr!` o is and restrie"tybns. a�pammon to the subdivizioaj' t Ce1a" for 1994 and subsequent,''yidars; Oil, gas and mineral repfervatt'ous of record; and zoning, building lode and other use restrictionii 1115 land anq wil Persons imhati Gr+ ntorf' and thatti saik 1.1 presentis ,tQ above wlt tti Signed, Vtza A in the Ps Xitaess:_��' ri Witn s: HICI4 and Witnessed of : --'tY arrant tae title to said lainst the lawfu cla of any t i " s his�hoamesteeid 1�� 3 3 gral�t;or .1 heal cawed these stl�dci Qay 1� agar first KURT, f ' T lwln1 a {SEAL) 1y i1i4lkttornev In r° Fact: rK Still L STATE OF FLORIDA COLLIER COUNTY I certify that on this day, before me, an officer duly authorized in the state and in the county aforesaid to take ac}mowledgments, personally appeared STANLEY A. XMIXEhM, Attorney In Fact for Kurt Neumann, personally known to me, or who presented Proper doc++s°nts for identification, who did not take an oath, and who executed the foregoing instrument for the purposes therein expressed. Witness my hand and official seal in the county and state aforesaid this -JAI day of JaftusmV, 1994. F-j.01 ' I..Z (SEAL) rtdreQrV..W w.rd NOTARY �,� PUB { CC204 cAr+lvrFtt ReCei:rJ S�IZS 1QGoc�r2nt�rr 5UMP id+f`�i +3d+a.esywu A)k ..:., k0.6- 7 , 9 Gc,c 6-I V eD Sa a i-rvel,e.)- o Ce, 0 c(_ a � / ac) a3 ed and Breakfast Naples Pu inns.B&B Lodging Naples Florida-M rosof t Internet Eiorerprovided.by The[oilier CUunty3TDep *i* . * V 1http:jivew m.bedandbreakfast.com;napleu-tlnrida,h,n', A in',;4:,,x I.>,Live Search S : Edit View Favorites Tools Help Favorites I a • - _ � - Pa ge• Safet y• Tools Bed and Breakfast Naples&inns.B&B Lodging Naples.,. Pop-ups temporarily allowed,To always allow pop-ups from this site,click here... r U — *? 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Call 23 Page 1 of 1 w ,, 31 Dream Come True House --- -- `-a Home View Rooms 4' About Naples Contact Home Visit Naples A DREAM COME Naples Florida is the perfect place to appreciate all that Florida TRUE Guest House was View Rooms has to offer.A DREAM COME TRUE Guest House offers those designed with our guests' moments of peace and tranquility where you can watch the sun Privacy in mind. Three Guest Services private bathed bedrooms rise or set,or just remember when days were simple and are located on the contact us carefree! Come play in Paradise. Western side of the guest house. Each bedroom is Directions roomy, comfortable and casual with touches of t ; Dreamy Naples bed and breakfast vacation guest house in Naples, Florida. Call 23 Page 1 of 1 p. , ore come True . . 1.33302C1 House °.:J Home I 4 ry View Rooms� 22 About Naples� Ca Home ill Visit Naples Each morning,awaken the smell of a freshly View Rooms A DREAM COME TRUE Guest House was designed with our guests' cooked,hearty breakfa privacy in mind.Three private bathed bedrooms are located on by the chef,Robert. Guest Services the Western side of the guest house. Each bedroom is roomy, is served at 9 y, 8:30,usually on the Contact us comfortable and casual with touches of antiques. Floridian lanai,weather permitting. Directions MOM'S ROOM ' r Contact us today to stay in Naples Mom's Room is closest to the dining room .. at A DREAM COME TRUE ,. and has two twin beds.The bath has a vanity, i. Guest House: full tub and shower. r ` a w 4641 5th Avenue N.W. Rate:$99-$139 plus tax. �'� Naples,Florida 34119 r,'_i, „,„ 239-352-6887 The lanai overlooks the Grandma's room has a romantic flair with an pool and our beautiful antique Queen sized bed.The antique Walnut acres of property.You email inquiry form GRANDMA'S ROOM bedroom set belonged to Bob's parents and may even see Bob in ti ,� dates back to the 1930's. woods cutting down vines-his favorite pas! - The bath has a large double sink and vanity. time! A separate room with toilet and tub offers Our Victorian dining even more privacy for guests. room is also a romantic Rate:$109-$149 plus tax > cozy place for breakfas more It is decorated with Lady Di's Room also has a romantic flair.The antique oak,circa 189 largest bedroom has an ornate King sized bed LADY DI'S ROOM with period antiques. 'f' ''''.4 i r-- -- The bath has a vanity and walk in shower, _ ' which is helpful for those who have difficulty getting in and out of a bathtub. !, , Rate:$119-$159 plus tax More Cancellation Policy:Guests will receive a full refund if canceling greater than 30 days prior to arrivi Copyright© 2010, A Dream Come True Guest House. All Rights Reserved. .i I J http://www.adreamcometruegh.com/ 6/27/2012 Dreamy Naples bed and breakfast vacation guest house in Naples, Florida. Call 23 Page 1 of 1 � s ream Come True atcceo House - `1! Home I View Rooms I —- About Naples Home f °) °a Visit Naples A DREAM COME TRU Guest House was View Rooms Each morning,awaken to the smell of a freshly cooked,hearty designed with our gu privacy in mind. Guest Services breakfast by the chef, Robert. (Please let us know of any dietary restraints or specific breakfast preferences.) Breakfast is served at Three private bathed Contact Us 8:30, usually on the Floridian lanai,weather permitting. The lanai bedrooms are Iocatec overlooks the pool and our beautiful 5 acres of property. the Western side of t Directions guest house.Each bedroom is roomy, 1t � r comfortable and Contact us today to stay in Naples 't casual with touches at A DREAM COME TRUE 5°�� , v : f % of antiques. Guest House: 4641 5th Avenue N.W. ' 4 �tP ' Naples,Florida 34119 5 µ 3r 239-352-6887 ); - `Ci.P t41611.1 t email inquiry form Our Victorian dining room is also a romantic,cozy place for breakfast.It is decorated with antique oak,circa 1899. "CA i 7 Qv�.S 4D Check in time is 3:00 PM.Check out time is 11:00 AM. Please let us know if you will arrive late in the evening so we may make plans to greet you. Our Guest House is not suitable for children under 16 nor pets. Our house is non smoking.Smoking is permitted outside. Free Wi-Fi is available. Each room has a hair dryer and toiletries for guest's use. Breakfast is served at 8:30AM. Please let us know if you have any — dietary restrictions or specific breakfast preferences. In our breakfast nook area,we provide a small refrigerator/freezer with ice and water bottles.A hot water maker for coffee and teas is available for guests to use throughout the day. http://www.adreamcometruegh.com/ 6/27/2012 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use,or accessory use shall be prohibited in such zoning district. Hotel (also motel): A building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public, with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities. Destination resort hotel: A transient lodging facility(i.e. - less than six months occupancy)where patrons generally stay for several days in order to utilize,enjoy, or otherwise participate in certain amenities, natural or man-made, including but not limited to: (i)direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities, (iii) health spa and/or fitness center, (iv)other recreational amenities and on-site services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Except that,for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a destination resort hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support service areas,such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities, and spaces in support of hotel functions. E. Residential Tourist District(RT).The purpose and intent of the residential tourist district (RT) is to provide lands for tourist accommodations and support facilities, and multiple family uses.The RT district corresponds with and implements the urban mixed use district and the activity center district in the urban designated area on the future land use map of the Collier County GMP. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential tourist district(RT). a. Permitted uses. 1. Hotels and motels. 2. Multi-family dwellings. 3. Family care facilities, subject to section 5.05.04. 4. Timeshare facilities. 5. Townhouses subject to section 5.05.07. B. Estate District(E).The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment,with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district.The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP,although, in limited instances, it may occur outside of the estates land use designation.The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 5.05.04. 3. Essential services, as set forth in section 2.01.03. 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock(except for hogs), not to exceed two such animals for each acre, and with no open feedlots.Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. i. On lots/parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16- week temporary use permit(TUP)to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. 5. One guesthouse, subject to section 5.03.03. 6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 7. Excavation and related processing and production subject to the following criteria: i. These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00. c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision,the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses.The following uses are permissible as conditional uses in the estates district(E), subject to the standards and procedures established in section 10.08.00: 1. Churches. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities(category I); care units, subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to§400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to§ 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 6. Group care facilities(category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: i. Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii. Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. i. The site area shall not exceed 20 acres 8. Essential services, as set forth in subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04. 10. Ancillary plants. LetourneauJeffrey From: KlatzkowJeff Sent: Friday, May 11, 2012 9:48 AM To: LetourneauJeffrey Cc: FlaggDiane; BellowsRay; CasalanguidaNick Subject: FW: Emailing: RLS Lodging.doc Attachments: Lodging RLS.docx; FW Aims Issue 5127 Hoy.htm; RLS Lodging.doc Mr. Letourneau: You have asked this Office the following question: "We have observed that some owners of single family and Estates properties are advertising and renting their houses and/or individual rooms for short periods of time including daily and weekly. This appears to be consistent with the definition of"transient lodging" and parts of the "hotel" definition. This type of use is not listed as a permitted, accessory, or conditional use in these zoning districts. I've discussed this with Planning Manager Ray Bellows and we've agreed that this is a possible prohibited use violation of these districts (LDC Section 2.02.03). Also, if allowed, would the owners need to obtain a Business Tax Receipt(Home Occupation) and be subject to LDC section 5.02.02? In addition, some of these property owners have been paying the "Tourist Development Tax" required in Ordinance 2005-43 (Code of Laws & Ordinances 126-82). I'm requesting the CAO determine if this type of"transient lodging or Hotel" use is allowed in these (RSF, Estates) districts. Also, if allowed, would the owners need to obtain a Business Tax Receipt (Home Occupation) and be subject to LDC section 5.02.02? In addition, if it's not allowed, does Ordinance 2005-43 contradict the LDC by allowing this use." In answer to your question: Section 2.02.03 (Prohibited Uses) of the Collier County Land Development Code provides that "Ar., use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district." Section 2.03.02 of the LDC provides in relevant part as follows: 2.03.02 - Residential Zoning Districts A. Residential Single-Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and intent of the residential single-family districts (RSF) is to provide lands primarily for single-family residences. These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses designed to serve the immediate needs of the single-family residential development in the RSF districts such as 1 governmental, educational, religious, and noncommercial recreational uses are permitted as conditional uses as long as they preserve, and are compatible with the single-family residentia! character of the RSF district[s]. The RSF districts correspond to and implement the urban mixed use land use designation on the future land use map of the Collier County GMP. The maximum density permissible in the residential single-family (RSF) districts and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the RSF district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the residential single-family districts (RSF);:, a. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 5.05.04 3. Schools, public. This includes "Educational plants;" however, any high school located in this district is subject to a compatibility review as described in section 10.02.03 b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the RSF districts. 2. Private docks and boathouses, subject to section 5.03.06 3. One guesthouse, subject to section 5.03.03 4. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in section 10.08.00 1. Noncommercial boat launch and multiple dock facilities, subject to the applicable review criteria set forth in section 5.03.06 2. Churches. 3. Schools, private. 4. Child care centers and adult day care centers. 5. Cluster development to include one- and two-family structures, subject to section 4.02.04 6. Golf courses. 7. Group care facilities (category I); care units subject to the provisions of subsection 2.03.02 3.h; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-183 F.A.C.; all subject to section 5.05.04. 8.Category II group care facilities and care units subject to section 5.05.04, only when the tenancy of the person or persons under care would not: 2 i. Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or iii.Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwellings units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 Renting one's home in the manner described in your RLS is a transient rental use. This use is not authorized in Residential Zoning Districts or the Estates (residential). Other Districts, such as certain Commercial Districts, the Residential Tourist District, and many PUDs specifically authorize this use. That does not mean one cannot rent out one's home for a single family residential use (typically such rentals are in excess of six months). Accordingly, in answer to your questions: I'm requesting the CAO determine if this type of"transient lodging or Hotel" use is allowed in these (RSF, Estates) districts. Not authorized. Also, if allowed, would the owners need to obtain a Business Tax Receipt (Home Occupation) and be :•zbj ;t to LDC section 5.02.02? Not allowed. In addition, if it's not allowed, does Ordinance 2005-43 contradict the LDC by allowing this use." No. You must he in an appropriate zoning district for such use. Please feel free to call me with any questions. Jeffrey A. Klatzkow County Attorney (239) 252-2614 Original Message From: LetourneauJeffrey Sent: Tuesday, May 08, 2012 4:56 PM To: KlatzkowJeff Cc: FlaggDiane; BellowsRay; BosaRalph Subject: Emailing: RLS Lodging.doc Jeff, This is a RLS regarding short term rentals of RSF and Estates zoned Properties. If you need any more info please let me know. Thanks The message is ready to be sent with the following file or link attachments: 3 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006729 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JASON NARDELLA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/2812012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: CO Required110.1 LOCATION OF VIOLATION: 343 Burnt Pine DR Naples, FL SERVED: JASON NARDELLA, Respondent Michele Mcgonagle , Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE, HEARINGS TO BEGIN AT 9 :00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducide an el idioma Ingles. Servieios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetlsman —Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY _1OARD OF COUNTY COMMISSIONERS, Petitioner vs Jason Nardella, Respondent(s) DEPT CASE NO. CESD20110006729 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy 2. Description of Violation: Permit# 2009020211 for a pool and spa expired on August 4, 2009 without obtaining all inspections and certificate of completion/occupancy 3. Location/address where violation exists: 343 Burnt Pine Drive, Naples, FL 34119 folio 66262014467 4. Name and address of owner /person in charge of violation location Jason Nardella, 343 Burnt Pine Drive, Naples, FL 34119 5. Date violation first observed: May 18, 2011 6. Date owner /person in charge given Notice of Violation: March 5, 2012 7. Date on/by which violation to be corrected: March 26, 2012 S. Date of re- inspection: March 30, 2012 9. Results of Re- inspection: violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above- described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 23rd day of May, 2012 STATE OF FLORIDA COUNTY OF COLLIER Michele McGonagle Code Enforcement Investigator Sworn to (or affirmed) and subscribed before this 23rd day of May, 2012 by Michele McGonagle ignatur of of Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known X_ or produced identification 3HIK l=Y gARCik, Type of identification produced a NOTARY PUBLIC STATE OF FLOPI ,` Comm# DD094.3i ici Expires 12/21/2il t' COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NARDELLA, JASON 343 BURNT PINE DR NAPLES, FL 34119 -9775 Location: 343 Burnt Pine DR Naples, FL Unincorporated Collier County Property Legal Description: Error: Syntax error: Missing operand before 'And' operator. Case Number: CESD20110006729 Date: March 05, 2012 Investigator: Michele Mcgonagle Phone: 2392522447 Zoning Dist: PUD Folio: 66262014467 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Certificates of Occupancy.and Completion. 2007 Florida Building Code, Chapter 1, Section 110.1 Use and Occupancy No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit# 2009020211 for a pool and spa expired on August 4, 2009 without obtaining all inspections and certificate of completion /occupancy. JRDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy /completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: March 26, 2012 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Michele Mcgonagle INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone Date AFFIDAVIT OF SERVICE Code Case Number: CESD20110006729 tespondent(s): NARDELLA, JASON THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michele Mcgonagle , Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Stacy A. Manfrate at 343 BURNT PINE DR, on March 5, 2012 (Date), at 3:55(Time). (Signature of Code Enforcemeht Official) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( r affirmed) and b cribed before me this � day of �� 2012 by Michele- Mcgonagle (Name of person making statement) (Signature of Notary Public) 2otY :j"'% INDIRA RAJAH * * MY COMMISSION # EE 126592 EXPIRES: December 7, 2015 �,,1E'OF Fl a WOW Thta Budget Notary Services (Print, type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification oe of identification produced E -Codes Paa ge 1 of 2 Chapter 1, Section 110 - CERTIFICATES OF OCCUPANCY AND COMPLETION SECTION 110 CERTIFICATES OF OCCUPANCY AND COMPLETION 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. S. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 110.4 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. http: / /ecodes. citation. com/cgi- exe %epac,e. dll ?pg= cutnbdrx &rp =d: %5 Cwebeontent %5 Conli... 4/20,12012 F -Codes Page 2 of This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 110.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. License terms Privacy policy Click here for copyright © information., http: / /ecodes. citation. corr/ cgi- exe/ epage. dll? pg= cutnbdrx &rp= d: %SCwebeontent %5ConIi_ 4 / ?ni ?nip Return to: Name: MTC FLORIDA TITLE Address: 4501 Tamiami Trait North Naples, FL 34103 This Instrument Prepared by: Pam Garner MTC FLORIDA TITLE 4501 Tamiami Trail North Naples, FL 34103 as a necessary incident to the fulfillment of conditions contained in a title ins„ra„ce commitment issued by it. Property Appraisers Parcel Identification (Folio) Namber(s): Naples Grantee(s) S.S. #(s): * ** 3507881 OR: 3678 PG: 2911* 11CORDID in OFFICIAL RICOIDS of .COLLIIR COW, FL 11/15/2004 at 12:31PN DNIM 1, 1ROCK, CL1AK CONS 310000.00 =1C F11 10,00 MR: DOC -,70 2240,00 NTC FLORIDA TITLI PICK DP 66262014467 FILE NO: 04810387 WARRANTY DEED This Warranty Deed Made this 5th day of November , 2004 , by Kenneth S. Lewis RuthAnn B. Lewis husband and wife whose marital status is: husband and wife hereinafter called the grantor, whose post office address is: 11147 Longshore Way Naples, FL 34119 to Jason Nardella a single man whose post office address is: 343 Burnt Pine Dr. Naples, FL 34119 hereinafter called the grantee, WITNESSETH: That said grantor, for and in consideration of the sum of $10.00 Dollars, and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells aliens remises, releases, conveys and confirms unto the grantee, an that certain land situate in Collier Lot 52, PEBBLEBROOKE LAKES p county, Florida, viz: thereof as recorded in P $�� according to the Plat Public Records of Collie�t F' es 57 and 58, of the IjLk This property [A [is not) the homestead o i tor(s), ,,,y TOGETHER with all the tenements, h tamett� and appurtenances ttteretq`balinging or in anywise appertaining, TO Rave and to Hold, the same in fee sitn� e.toie�q� /�� And the grantor hereby covenants with said gran tbaTli has good right and lawful authority to sell and cone said warrants y sarzed of said land in fee simple; that the grantor against the lawful claims defend the same y e grantor hereby fully wants the title to said land and win ms accruing subsequent to December 31, of all persons whomsoever; and that said land is free of all encumbrances, except taxes , reservations, restrictions (Ihe rerner •rancor• and • a d and easements of record, if any. dmnree• herein shad be cnrtmYM to indade a!/ genders and sh1dalar orplaral as the contecr haficvtes.) IN WITNESS WHEREOF, Oranmr has he set grantor's hand and seal the day and year first above written. Signed, Sealed and Deli rR'bur PreBQe: / Witness Signature: — G Witness Printed Na e: n J� i u T i� Witness Signature: witness Printed Name: h(;r� Khans Witness Signature: Witness Printed Name: Witness Signature: Witness Printed Name: STATE OF Idaho COUNTY OF U4 The foregoing instrument was acknowledged before me this goo �p by Kenneth S. Lewis RuthAnn B. Lewis husband �� and wi fe T-AANC�s�� G� ,t�OTARy y s� j0U8 L�`r �t who isiare personally ]mown m me or who has/have produced driver li e(s) as identification. My Commission expires: ,,•eee�T nawaaaap�'r, Serial Number: P j Name Notary Public CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20110011262 COLLIER COUNTY, FLORIDA, Plaintiff, vs GRACELYN MOSTACCIO RUE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Land Use - Generally 1.04.01(A) LOCATION OF VIOLATION: 2861 4th AVE SE SERVED: GRACELYN MOSTACCIO RUE, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley .COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800, ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an eI idioma Ingles. Servicios the Vaduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicadones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pe pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CELU20110011262 Gracelyn Mostaccio Rue Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and he requests a public hearing before the Collier County Code. Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41, as amended, Section 1.04.01(A) 2. Description of Violation: Kowiachobee Animal Preserve, Estates zoned property, advertising and allowing scheduled trips /tours for the public to view animals on an estates zoned property. 3. Location/address where violation exists: 2861 4th Ave SE, Naples, FL 34117 Folio# 40926160000 4. Name and address of owner /person in charge of violation location: Gracelyn Mostaccio Rue 2861 4"' Ave SE, Naples, FL 34117 5. Date violation first observed: August 30", 2011 6. Date owner /person in charge given Notice of Violation: September 26`h, 2011 7. Date on/by which violation to be corrected: October 26`h, 2011 8. Date of re-inspection: April I Ith, 2012 9. Results of Re- inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this f day of April, 2012 STATE OF FLORIDA COUNTY OF COLLIER Patrick Baldwin Code Enforcement Investigator Sworn t r affirmed b before this �� day of April ,2012 (Signa e of Notary Publie) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Delicia Pulse Commission # EE049564 '•• ' Expires: JAN. 16 2015 BONDED MU ATLAAMC BONDING C0., DAC, by `��r;�� 4IztoL" ' . REV 8 -19 -11 Case Number CEL:.u20110o112a "2 Date: September. 26 2011 investigator: Patrick Baldwin Phone'2392525786 - GOLLfER•C.OUNTY:CODE ENFORCEMENT Owner: RUE, .GRACELYN MOSTACCiO NOTICE OF VIOLATION 2861 4TH AVE SE ` NAPLES FL 341'17 - Location: 2861 4th AVE SE Unincorporated Collier County zoning Dist;_[;,: , Property Legal Description: GOLDEN GATE THE E 105FT OF TR 60 EST UNIT 81 W 150FT OF TR 60, THE W 75FT OF THE E 180FT:OF TR 60, AND Folio: 40926160000 Pursuant to Collier County Consolidated Code Enforceme t Regulations, Collier County Code of Laws and Ordinances, .Chapter 2, Article;:-lX, you are notified that'a violation(s) of the following Collier County O. and or PUD Regulation(s) exists at:the above- described location. ty rdfna nce'(s) Ordinance /Code: General Provisions. Land•Use. Collier County Land Deve 1.04,01(A) loprne>7t Code. 04-41 as amended, Section A. The provisions of this LDC shall apply to.ailland, praper#y and -development in the total unincorporated area of C as expressly and specifically pp h _ y provided otherwise in this LDC. No development shall be undertaken without prior authorzaiion Pursuant pt to this reof specifically, no building, structure, land orwater shall hereafter'be developed, or occupied; and.:no building, structure, or herein and for h z .erected, reconstructed moved, located., or structurally: altered except in conformity with the regulations set forth herein and for the zoning distriot in which it is located.; Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTiTUTING THE VIOLATION(S). Did Witness: Kowiachobee Animal Preserve, Estates zoned property advertising and allowing scheduled ips /tours for the public to view animals on an estates. zoned Property, ORDER TQ G.QRRECT VfQLATION S : - You are directed by this Notiee to take the foil vvvirrg corrective action(s): 1, Must comply with all land use standards of the Collier County Land Development Code 04-41, as amend .An animal preserve cannot be operated on an estates zoned parcel. 2, Must cease and desist all advertisements of Field trips /tours to the Kowiachobee.Animal Preserve., 3, Owners cannot have field trips /tours from the public to the estates zoned property to view exotic animals. ON OR BEFORE: October 26th, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that .may result_ in fines up to $1000 per day per violation, as long as the violation .remains, and costs of prosecution. SE D BY: INQUIRIES AND .COMMENTS SHO.uLD BE DIRECTED TO CODE ENFORCEMENT 2,ul- 2800 North Horseshoe Dr, Naples 1=.L 34104 Investigator Signature Phone: °239'2.52:.'2:4 D ` :9 " Patrick Baldwin ' FAX :23 252- 343 - Sig ure�and.Title of Recipient COLLIER COUNTY ORDINANCE: 04 -41 1.04.01 GeneraIly �. The provisions of this LDC shall apply to all land, property and deveI.opment in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC- Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoniaag district in which it As located. B. The regulations established in this LDC and within each zoning district shall be tdiniinuin or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in .this LDC. C. This LDC shall apply Vim: all division of land and all subdivisions in the total uaaincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area. of Collier. County, except in strict conformance with the provisions of this LDC and any applicable provisions of.the Collier ' Comity Growth Management flan (GMT). C/o FREcTivf QUITCLAIM DEED This Quitclaim Deed made this 4th day of JANUARY 2008, between JONATHAN P. SLABY Joined by his spouse GRACELYN MOSTACCIO RUE whose address is 2861 4th AVENUE SE, NAPLES, FL, Grantor, and GRACELYN MOSTACCIO RUE, A MARRIED WOMAN, whose address is 2861 4th AVENUE SE, NAPLES, FL, Grantees. Witnesseth, that the Grantor, for and in consideration of the sum of - - -TEN & NO /100 ($10.00)— DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantees, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantees and Grantees' heirs and assigns o ° o forever, the following described land, situate, lying and being in the County of COLLIER, State of Florida, to -wit: �o O THE WEST 150 FEET OF TRACT 60, UNIT 81, GOLDEN GATE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED PLAT BOOK 5, PAGES 19 AND 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. To Have and to Hold the same together with anywise appertaining; and all the estate, rigi It,,ti. e;� law or equity, for the use, benefit and profit�satd PQ In Witness Whereof, the Grantor has tiered t-hreL �a a o Signed, sealed and delivered in our `pre s� -" �F 4 Witn ss Si ature� m Wit n s # rinted Name T �J C'I \ 0 0 o Witness #2 Signature Witness #2 Printed Name g lar the appurtenances thereunto belonging or in qui "ty and claim whatsoever of Grantor, either in es e'er ay and year first above written. C GRACELYN 146STACC10 RUE e.••l�Y mow•• - s_• •_° � 31, X10 STATE OF FLORIDA BMW By y JUNTY OF COLLIER a � �. die foregoing instrument was acknowledged before me this 4th day of January 2008, by JONATHAN P, SLABY a r• .cn zg tND GRACELYN MOSTACCIO RUE who is personally known kfe me or who has produced N as identification. 4;�-,CFgJ /7 o ry Signature Printed Notary Signature / a Land Development Code Sections 1.04.01 - Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. 2.03.01 Zoning District B. Estate District(E). The purpose and intent of the estates district(E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). a. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 5.05.04 3. Essential services, as set forth in section 2.01.03 4. Schools, public, including "Educational plants." b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. On lots/parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. 5. One guesthouse, subject to section 5.03.03 6. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 7. Excavation and related processing and production subject to the following criteria: These activities are incidental to the permitted used onsite. ii. The amount of excavated material to be removed from the site cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earth mining, pursuant to the procedures and conditions set forth in section 10.08.00 c. Conditional uses. For Estates zoning within the Golden Gate Estates subdivision, the Golden Gate Area Master Plan in the GMP restricts the location of conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in section 10.08.00 1. Churches. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of subsection 2.03.01 B.3.f; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 5.05.04. 6. Group care facilities (category II) care units subject to section 5.05.04 only when tenancy of the person or persons under care would not: Constitute a direct threat to the health or safety of other individuals; ii. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addiction to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion and subsection 4.02.02 C. The site area shall not exceed 20 acres 8. Essential services, as set forth in subsection 2.01.03 G. 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 10. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: Fighting or baiting any animal by the owner of such facility or any other person or entity. ii. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. For purposes of this subsection, the term baiting is defined as set forth in F.S. § 828.122(2)(a), as it may be amended from time to time. 2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general requirements. The following are exceptions to those requirements: a. Conforming Corner lots. Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot lien may be reduced to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) 5.02.03 - Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. I. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. (Ord. No. 05-27, §3.DD) -"-., „,.- • .,,,, , ., ............- - ' ,'. r oa ' 4 ' 1 ; - . 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' t ' Aerials 2012 161n C11 Urban] f W- ......,d;,L f1 i k °.. �:.- ..d� Aerials 2012 12 FEET] w iap' .t .I.V3V' ape'r I ' M:l / °'P2` - /t„r,._aF'^. 4.:, ,} i Collier Footprints•�¢y, i[ t~ .„a ;. �" � Calller Counly ..,� h ; , .."rte Tac (_. i E K ref VOW;41'4''-• ''''' x i ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 6/27/2012 Page 1 of 1 *. .h �i"✓1 F L '�t', l +.40.1 n-!h I' I' tint ,.ki ' , " ' -1,, tO J f 1}1? }. 1„ , ke it, I, 7 C" t'11i ` a .. - ► 'or ii fl 1yi_ 4 �µ, t ' �I Fri P i �}\.s \ .- --it , i.l.� 1 tl i'4 T. - �`I+ f GI S r} ? !,., tt\:-...( R• 5 1.-', ) ,. ., I:. ,•)%'4. - ..� { 7 .. --�j }. 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'.41,;.6,--,..6':.:1,??.+-,..4'4„ riP3'..0:-:\''...v._:14\'' \'-:,',':,...i.: ..\ 1 "\\ \ . http://media.naplesnews.com/media/img/photos/2012/05/11/0512 NCLO_GK SHELTER... 5/23/2012 Holy Kowiachobee! Animal preserve shuts its gates after code enforcement fight : Naples... Page 1 of 2 naplesnevvs.com Read more at naplesnews.com Holy Kowiachobee! Animal preserve shuts its gates after code enforcement fight By ERIC STAATS Saturday, May 12, 2012 Tucked away on a woodsy street in Golden Gate Estates, an animal preserve has been getting some visitors besides the usual elementary students on field trips to learn about wildlife. Collier County code enforcers have told the Kowiachobee Animal Preserve on Fourth Avenue Southeast that it has to shut its gates because its five acres is not zoned for the nonprofit educational group to be open to the public. Since 2001, thousands of schoolchildren have made the trip to get up close with the preserve menagerie of between 100 and 150 animals, from pigs and geese to tigers and lions. "We're beside ourselves with this," said owner Grace Slaby, who runs the preserve with her husband, John. "That's stuff we'll have to stop. It's really very disheartening." The run-in with the county recalls another zoning controversy over privately run wildlife attraction, Ngala, also known as Close-up Creatures, in North Belle Meade. That was settled in 2009 after a seven-year permitting saga. Code enforcers say Kowiachobee can remain at its current location, and preserve managers say they still plan to take animals to local schools and libraries. The rub with Collier County is about the kind of traffic the preserve generates in a residential neighborhood, county spokeswoman Connie Deane said. "It's not zoned for field trips, buses, public visits," she said, adding that there might also be problems with adequate parking and handicap accessibility. Kowiachobee was issued a notice of violation in September 2011 following an August complaint to the county's zoning department. That wasn't the first time county inspectors had knocked on the preserve's door. Over the years, the preserve has satisfied the county by adjusting the wording on its brochures and on its Facebook page and by changing plans to have radio stations on http://www.naplesnews.com/news/2012/may/12/holy-kowiachobee-animal-preserve-shuts-... 5/23/2012 Holy Kowiachobee! Animal preserve shuts its gates after code enforcement fight : Naples... Page 2 of 2 site for celebrations, preserve manager John Slaby said. "We've been trying to do everything they wanted us to do," Slaby said. "It's not like we've been fighting them for 10 years." Deane said she did not know why the county has not told Kowiachobee it had to stop public visits before now, citing unfamiliarity with previous complaints that generated the earlier inspections. Kowiachobee has all the required state and federal permits, including from the Florida Fish and Wildlife Service and the United States Department of Agriculture. The preserve should not run afoul of the county's codes because it is not a business operating in a residential area, manager John Slaby said. Kowiachobee has no hours of operation. It opens by appointment only. Visitors are not charged an admission fee, though some offer voluntary donations. No commerce takes place there, Slaby said. "There's a jar on a table," Slaby said. "We don't even take money out of peoples' hands." After issuing the notice of violation, the county gave Kowiachobee options to fix the problem, including pleading its case to county commissioners or getting a rezone approval or variance. The preserve has continued to operate as usual, and now is set for a May 24 hearing in front of the county's Code Enforcement Board. That board will determine whether a violation exists and, if so, give the preserve a deadline to come into compliance or face undetermined fines. John Slaby doesn't know whether he'll be there. He is supposed to be talking to biology students at Palmetto Ridge High School that day, he said. ©2012 Scripps Newspaper Group—Online http://www.naplesnews.com/news/2012/may/12/holy-kowiachobee-animal-pre serve-shuts-... 5/23/2012 CODE CASE VIOLATION DETERMINATION CHECKLIST ATTACHMENT B GENERAL INFORMATION Code Case Number: CESLU20110011262 Date Code Case Opened: 8/12/2011 Investigator: Patrick Baldwin Supervisor: Cristina Perez Address: 2861 4th ave SE, Naples, FL 34117 Folio#: 40926160000 Zoning Map: Setbacks: Zoning District: Estates Name of the PUD: Front: Sides: Rear: List all applicable Ordinances: Flood Zone: Overlays: FIVES nNO Legal Conforming or Non-Conforming Parcel: If yes please list all When was this parcel platted: Select a date LDC, what is applicable LDC Ordinance: Plat Book: Page: Existing Site Development Plan or Site Improvement Plan? If so, provide number: AR 3585 Conditional Use (CU) or Permitted Use (PU) granted on this site, if so, need petition number, copy of resolution or ordinance: Was there a variance granted on this site, if so, provide petition number, copy of resolution or ordinance: no Are there any other special conditions that may apply to this parcel: no Departments that may be affected: Date other departments notified: Building fFEMA Select a date Building Zoning/LDC nCty Engineer 8/31/2011 Zoning Contractor License 'Right of Way Select a date Contractor License (Other Select a date Other Violation type/description: Enforcement Supervisor Cristina Perez, Code Investigator Patrick Baldwin and Zoning Manager Raymond Bellows attended a meeting with Kowiachobee Animal Preserve owner Jonathan Slaby. Mr. Slaby stated individuals, schools, organizations and private groups call to schedule time/date to visit the property located at 2861 4th Ave SE, Estates zoned, to see the many animals they have including "Big Cats". He state that they do not accept people to their property that just pull up to the front gate; it's by appointment/invitation only. The owner stated that the animal preserve on the estates zoned property is a non-profit organization;they have a "donation" bucket but do not have a set price or charge the visitors any money. Mr.Slaby argued there was no difference with inviting friends over for a party and showing them the animals and he inviting the public to come see the animals. He felt the public were guest at the point the come on the property because they have the right to reject a visitor. Although staff explained a personal party, birthday/holiday party for example; was not a use violation; it was the use of an open invitation to the public and advertising on website and brochure for scheduled site visits,tours, field trips even if it was pre-arranged. We reviewed the business tax receipt in which he explained he does take the animal off site to libraries, schools, private parties and hotel events for exhibition and education purposes. • Can an active animal preserve exist on the 5 acres parcel zoned Estates? • Can the owner have field trips/tours from the local schools where buses bring children into the property to learn about or see such animals? • Can the owner advertise the public to call to arrange a site visit? (Please review the website and brochure information attached which mentions the tours and call for site visit appointments) • With an agricultural exemption from the property appraiser would that exempt the owner from pulling fence and building permits for enclosures/animal structures without electricity and plumbing? RESEARCH ON PROPERTY -This information must be provided Attachments included: Fl Photos/Aerials I f Property ID Card (Code Reference Construction Date: Addition Date: Brochure attached Website information attached LIST OF PERMIT PER PROPERTY-Include Inspection history for any permit that does not have CC or CO Permit Number Status Description Of Work Contractor Name Source (i.e.CDPIus,Cityview,Whips) VIOLATION DETERMINATION (Completed by Building or Zoning Staff) Date/Name Violation Found? List Compliance Options Comments 9/15/2011 X Yes No The permissible options for the The Estates Zoning District Ray Bellows keeping of exotic animals on an doesn't permit a zoo or Estates Zoned property is as scheduled events for school follows: 1. As a personal pet; for children to view exotic personal ownership for shows; 2. animals on residential training is allowed; 3. personal property for educational ownership for breeding primarily purposes. The advertising for for one's self; 4. Personal these tours even for a non- ownership for stock handling profit business are prohibited. purpose; and 5. Animals kept for service; 6. Training or work in The owner can't have field personal homes (no commercial trips/tours from the local activity on site); 7. Animals kept schools where buses bring to provide services off-site children into the property to (police, rescue, handicap service, learn about or see such animals etc); and 8. Temporary housing even as a non-profit for rescue animals (those actively organization. seeking permanent homes for animals) The property owner can't advertise for the public to call In addition,the property owner to arrange a site visit or tour of may have a home occupation the exotic animals on the subject to the requirements of the subject property. LDC to have a mobile display of The property owner should not the exotic animals at school sites, be able to obtain a fence permit parties and the like. and building permits for enclosures/animal structures Therefore, the property owner without electricity/plumbing as can't operate an animal preserve Even with an agricultural on any size parcel that is zoned exemption from the property Estates. 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Section 162.06 and 162.12, Florida Statutes; :and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a.public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Collier County Land Development Code, 04 -41, Section 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1165 Everglades BLVD N SERVED: Jorge G. Rodriguez, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE- HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un meior entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. A01isman — Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120000189 Jorge G. Rodriguez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Garage and CBS guest house with no valid Collier County Building Permit(s);, 3. Location/address where violation exists: 1165 Everglades BLVD N Naples, FL 34120 Folio: 40579120002 4. Name and address of owner /person in charge of violation location: Jorge G. Rodriguez 1165 Everglades BLVD N Naples, FL 34120 5. Date violation first observed: January 06, 2012 6. Date owner /person in charge given Notice of Violation: January 13, 2012 7. Date on/by which violation to be corrected: February 13, 2012 8. Date of re- inspection: May 10, 2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing.. Dated this l Oth day of May, 2012 W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (o ;: affirmed) and subscribed b�fore thisLLy ofd / /I,! 2012 by 27, NOTARY PUBLICSTATE OF FLORIDA " Kimberly Brandes =issior, #DD926130 F,:__. SEP.17,2013 so FD ter, cru ao �cvc Co., 'NC- (Signature of Wxary Public) (Print /Type /Stamp Commissioned (j Name of Notary Public) Personally known >-� or produced identification Type of identification produced REV 1-4 -12 0 s Case Number: CEAU20120000189 Date: January 13, 2012 Investigator: Janis Potter Phone: 239 -252- 2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JORGE G. RODRIGUEZ 1165 EVERGLADES BLVD N NAPLES FL 34120 Location: 1165 Everglades BLVD N Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 75 S 15OFT OF TR 118 Folio: 40579120002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Permit Application. When Required. Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make dpplication to the building official and obtain the required permit. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Garage and CBS guest house with no. valid Collier County Building Permit. Chain link fence with gate, no Collier County Building permit obtained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including Certificate of Occupancy /Completion. AND / OR Must request/cause required inspections to be performed and obtain a Certificate of Occupancy /Completion OR obtain Collier County demolition permit and remove said structure(s) from property and obtain all required inspections through to Certificate of Occupancy /Completion. 2. Must comply with all requirements pursuant to 04-41, Section 5.03.02 AND / OR Must apply for and obtain all permits required for described structure /improvements: AND /OR Must remove said structure /improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 021131201, Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Ro Y� Z n'tigator Signature Potter INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature andJitle of Recipient r i K'�.J Printed Name of Recipient CESD20120000189, Date 0V AFFIDAVIT OF SERVICE V Code Case Number: CEAU20120000189 Respondent(s): JORGE G. RODRIGUEZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Janis Potter, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to Avit Rodriguez at 1165 EVERGLADES BLVD N, on January 13, 2012 (Date), at 11:30AM (Time). d V.�O� ( i nature of Code Enforcement Official) J s. Potter STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 13th day of January, 2012 by Janis Potter (Name of person making statement) zl�)z 7 (Signature of Notary Public) TARY PUBLIC -STATE OF FLORIDA Kimberly Brandes Commission # DD926130 =` Expires: SEP.17, 2013 BONDED THRII ATLANTIC BONDING CO„ INC. (Print, type or stamp Commissioned Name of Notary Public) %< Personally known Produced identification Type of identification produced Collier County Land Development Code 04-41, as amended, Section 10.02(B)(1)(a) Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. INSTR 4641220 OR 4749 PG 3038 RECORDED 12/27/2011 12:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCCa.70 $909.30 REC $18.50 CONS $129,900.00 Prepared By: Butler & Hosch, P.A. Return To: 4334 S. Sherwood Forest Blvd # 185 Baton Rouge, LA 70816 Parcel ID 4 40579120002 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this i,S day of DECEMBER, 2011, by Fannie Mae a/h/a Federal National Mortgage Association, organized and existing under the laws of United States of America represented herein by Butler & Hosch, P.A. by virtue of a Power of Attorney oq - le -arid -record and whose address is International Plaza II, 14221 Dallas Parkwa ' y,�Suie�pa�C` 75254 -2926, hereinafter called "Grantor," to Jorge G. Rodrique �fe man, who add ss is 1165 Everglades Blvd N Naples, FL 34120, hereinafter l W� Grantee." 1 . (Whenever used 1 parties to this instrument and the successors and ass WITNESSETH: Tl other valuable consideration, i grant, bargain, sell, ali Grantee all that certain land si follows: the to tor, for and in q n whereof is hereh demise, release, V ` LLIER ntee" include all the assigns of individuals, �0 l /of the sum of $10.00 and edged, by these presents does fey and confirm unto ,rida, more fully described as The South 150' of Tract 118 of GOLDEN GATE ESTATES UNIT NO. 75, according to the PIat thereof as recorded in Plat Boot: 5, Page(s) 1 I and 12, of the Public Records of COLLIER County, Florida. TOGETHER with all tenements, hereditaments, appurtenances, rights, reversions, or reservations belonging. SUBJECT ALSO to taxes and assessments for the year 2012 and subsequent years. TO HAVE AND TO HOLD the same in fee simple forever. REO4AlIiGPZ Matter ID # 271093.004 Property Address: 1165 Everglades Blvd N Naples, FL 34120 * ** OR 4749 PG 3039 * ** AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of this land in fee simple; that Grantor has good right and Iawful authority to sell and convey this land; that Grantor hereby fully warrants the title to said land and will defend the same against lawful claims of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto authorized, the day and year first above written. Signed, sealed and delivered, in the presenQa oT- -- �a a R C 1 Print Name: ' O tA Print Name: � STATE OF LOUISIANA ` \ { PARISH OF EAST BATON F ne Mac a/k/a Fc c al National IV o gage Associ ion A M Yan Hoch, P.A., Agent Lori Gbre rill o Personally appeared bcfbrc pc;� r.t�f county and state, on this �� f da) -"ufl jurisdiction, the within named Lori Gorenflo who President of Butler & Hosch, PA, under Power of A National Mortgage Association, a Corporat' it create America and that for and on behalf of said rporatioi the above and foregoing instrument�er fir having to do so. autho 'ty in d for the aforesaid 2011, within my vIedged to me that she is Vice - i y for Fannie Mac a /k/a FederaI er the laws of the United States of d as its act and deed (s)he executed duly authorized�by said corporation Maeda P. Bennett V Notary Public Commission No.: 49493 My Commission expires: At Death • a' o . ..- (2' CJ %.... . t p. f . V { , P -,p� k xiµ L f t'V r NI r k ., •,.: "r_ i — a- .�: • + jJ of • 4 _ :,.• - �. I d....-• rr. ..- - fir —.7:- 'x.-, : • z r �" _ . h •‘ ' `'. • • .1 I L 1 '' —. • , • • - {". • . I E p>e, i� to tit ,,‘,.., ,, • . ., , lik\- , - - - N , ..... • . .. • . 'ir : . ' IA) 3 • "• r gy ■., 1 ', •V • lei�1 r 114c.:-..1.4. � s . ,-.1 i ,7•; .- (� ALia 4 � ;� : 0 ' { _• . r _ A • :`` N ,L� v • 'r4 • k- .:.e z • • • v i • l� , { t 5 Print Mapz'( 'C> - Page 1 of 1 CESD20120000189 lam "" 4 T k f .`` `� a % I 7 MAP LEGEND .ter• ��+,,. �,•�.' 7iby $ ,. w>{A+� 1 .^,401...,.....S s °, -iw SVaat Names �3r. '. '- a .a t*Y£ 6� n Parcels w`� x ,. w suedlvlslona t. Aerials m12( 6lncl Urban]1 ... .. x. a. - .A u_ J,s..y Cu Aerials m12(2 FEET]'' 5. I ,4e,.,; r' y ~ •• - { Building Footprints e'_ ,1 Collier bounty Y : -� �i.,, ` , � • , \ fib A s+ �. .--.1 K r �4 h y R v��IF 4 L L - wm'-'-'"C•44, . z a Folio Number 40579120002•Y "+ T� � °P „ x*Vs,, ` 'k, r -., R Name:RODRIGUEZ.JORGE G Y C,- .�,,,,. 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Legal Description:GOLDEN GATE M * w x„.<y y c p ' w EST UNIT 75 S 150FT OF TR 118 Coa.m County Praoaavpenrrscr.5 aces.FL ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.collierappraiser.com/webmap/mapprint.aspx?title=CE SD20120000189&orient... 6/26/2012 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100007042 COLLIER COUNTY, FLORIDA, Plaintiff, vs KIRK N SANDERS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2280 Pineland AVE Unit:1 Naples, FL SERVED: KIRK N SANDERS, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE, HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239 )774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traducor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle, Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD20100007042 Kirk N. Sanders, Respondent(-) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and' Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s):Florida Building Code, 2007 Edition, Chapter 1, Section 105. 1, Collier County Land Development Code 04 -41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 2.02.03. 2. Description of Violation: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. 3. Location/address where violation exists: 2280 Pineland Ave. Naples, Fl 34112. Folio #'s 56150200005 and 56150520002. 4. Name and address of owner /person in charge of violation location: Kirk N Sanders, P.O. Box 2481 Naples, F134106, 5. Date violation first observed: June 8t', 2010. 6. Date owner /person in charge given Notice of Violation: September 151, 2010. 7. Date on/by which violation to be corrected: September 29`x, 2010. 8. Date of re- inspection: May 17'', 2011. 9. Results of Re- inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official continues to exist; that attempts to secure compliance with the Collier violation should be referred to the Collier County Code Enforcement Boa Dated this 17th day of May, 2011 hereby certifies that the above - described violation iounty Code have failed as aforesaid; and that the for a public hearing. S 14 A—A rile Botts de Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER IStignat o (o ffi ned) and subscribed before this 17th day of May 2011 by Azure Botts e Public) (Print/Type /Stamp Commissioned NOTARY PUBLIC -STATE OF FLORIDA Name of Notary Public) Colleen Davidson `- Comr-rission #DD998206 REV 1 -5 -11 ` Expires: jMTE 07, 2014 BONDED THRU ATLA -WrIC 13ONDING CO., INC. Case Number: CES020100007042 Date: August 30, 2010 Investigator: Azure Sorrels Phone: 2392522455 COLLIER COUNTY CODE ENFORCEMENT 'NOTICE OF VIOLATION Owner: SANDERS, KIRK N PO BOX 2481 Naples, FL 341060000 Location: 2280 Pineland AVE Unit:1 Naples, FL Unincorporated Collier County Zoning Dist: Property Legal Description: LOS PINOS BLK A N 28FT LOT 8, ALL LOT 9, 26 & 27 Folio: 56150200005 and 56150520002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Ordinance 10 -04, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Permit Application. When Required, Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04 -41 as amended, Section 10.02.06(B)(1)(e)(i) Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : L In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Approximately 12 mobile homes were installed without first obtaining all required Collier County building permits. Several additions made to mobile homes on the property consisting of carports, screen porches, roof overs, and living space below flood with eletrical and plumbing without first obtaining all required Collier County Building permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structurefimprovements: AND / OR M ust remove said structure /improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. 4. Must cease all extra use at any and all property other than property zoned for commercial use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2. Must remove all extra mobile homes other than what was approved in 1975 from property and /or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and /or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 09129/2010 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation rema pfs, and costs of prosecution. SER iED BY: INQUIRIES AND COMMENTS SHOULD BE f DIRECTED TO CODE ENFORCEMENT ` ,'2800 North Horseshoe Dr, Naples, FL 34104 In� s igator Signature \_._ Phone: 239 252 -2440 FAX: 239 252 -3900 Azure Sorrels Signature and Title of Recipient Printed Name of Recipient Date m ID r m m E 7 f� $ .F �,E m � � U o m�g�« EEC o` a Ed 0 ci ❑D❑ o C6 i ° _ ° O O — O o O , = O �p = N V �N 6L _ x Z O d m a �v aZ U L D m a r ru P'q ED 0 CD a m O N .,.l3 ML a a 0 ¢ E U I S 9 O N 2 lLL co m LL a E -Codes Page 1 of 1 SECTION 105 PERMITS 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any required impact- resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http: / /eco des . citation. com/cgi- exe /cpage. dll ?pg =cutnb drx &rp =d: %5 Cwebcontent %5 Conli... 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS Page 1 of 2 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off- street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a http: / /library.municode.com/HTML /13992 /level2 /CHIOAPREDEKIPR 10.02.00APRE.html 5/17/2011 10.02.00 - APPLICATION REQUIREMENTS Page 2 of 2 land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or-continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. L In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). http:// library. municode. com /HTML /13992 /level2 /CHIOAPREDEKIPR 10.02.00APRE.htm1 5/17/2011 1 2.02.00 - ESTABLISHMENT OF ZONING DISTRICTS Page I of I 2.02.03 - Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. http://Iibrary.murucode.com/HTML/13992/level2/CH2ZODIUS-2.02.00ESZODI.html 5/17/2011 �rtparcd f)y . 36117TAMIAMI'fRAli. Nt uv NAPLES, Ft. 34103 incidental to the issuance of a title insunanc•c poho Pile k: 5.98-465 -MS Parcel 11) k: %150200005 unit S6IS052O(N12 Urtmtee(s) SS a- AYARRANTY I)VED (INDIVIDUAL) 2351544 OR: 2469 PG: 1190 RICOIDID in OFPICIkI RBCORDS of COLLIII COOITT, FL WOWS at 0'-53PK DWIGHT 1, BROCt, CLIII COI: 120000.to :BC !BF 6.00 oeU: ITICDTIVB T1T1B 1RiJRARC? ?1CK CF This WARRANT Y Df :I. ), dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of E . Thomas WainH right..Sr, , Deceased .chose post office address is 4241 Chantelle Drf ,e, Apt. D1111, Naples, Vt. 34112 herinafter called the GRAN I OR, to KIRK N. SANDERS, A Single Person whose post office address is 4416 Lakewood Blvd., Naples, FL 34I 12 hereinafter called the 6RAN'FE (Wherever used herein the terms "Grantor" ar)d "Orantec" include all panic~ to Uns Instrument and the hcus, legal representautes anJ assigns of individuals, head the successors and assigns of curporatiun;. ) WITNESSETH: That life GRANTOR, for and in consideration of the stun of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grmts, bargains, sells, aficrts, remises, releases, conveys and confirms unto the BRAN FEE. all that certain land situate in COLLIER County, Florida, vi ty� co1,z \ LOTS 9, 26, 27, 28 AND THE. NORTH 28 FEE 'A �L: T 8, BLOCK . , .'1,4 P10OS SUBDIVISION, AS RECORDED IN' PLAT BOOK 1, PAGE 46, OF THE PUBLIC RE C�S OF COLLIER C OAI'NA', i LORIDA, SUBJECT TO covenants, conditions, restnctiIZ., rR cr ,, Ln— )1r1Ttstrt r semrnt!s� and\ agreement, of wcord. II im, to \e: and assessments for the year 97 and subscyu nt y `ars: an to alL,pp cuhlr min ur man 'es and air restriction; .Ind prohihmonN imposed by governmental authorities, if any, � �� 'f OGETIIER with all the tenements, lie it if 11 rr td 4p eEyytc ter helot qt(t u �. IN A t,e epperuunut �\ TO HAVE AND TO IE01A). the same in fec soh eVorcvrr. a� AND THE GRANTOR hereby covenant; with s I N I'iit( that except ;� ibai� r'il`�Ze IRAN I OR is last tulle Netted of saiJ land in fee simple; that the GRAN FUR has good rl�gl t `I vful uuthurit} to .I ah ,conve\ said laud; that the ORAN I (1R hereby fully warrants the tide to said land and will dci'rnd the , \ i L t., t�CALin ofall persons vchonisocver llC IN WITNESS WHEREUE, GRANTOR has Signed and sealed these present, flat- slate set forth above SIGNED IN 'I}iE: PRESENCE UF'1'1 }E FU(�J�MTNCi WITNESSES: i Signature: Witness: Erin( NL - - -- - Marjorie S. Wainwright C Signature: Witness: Pr' t i ---- �- - -._ . titate of Florida County of Collier I HEREBY CERTIFY that on this day, before file, tit otlicer Lhth authorized in the State aforesaid and tit the Counrt aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E, Thumas Wainwright, Sr., Deceased , tJ9 me town to be the person (s) described in and t% ho cucuted the foregoing instrument or \thu has prududed its identification and tvho did not talc an path. ,i,louufc6ged helire me that he shc.Ihry :xerutr.l lift ,anic _ WI I'NESS m) hand and official Brad in the C'nuim ;and Stale lust aloro.,ai,l this dal of �ttff'\i<1' nature,) -� S! Al <! _ NO I ARY I'tIHLIC, (Prini N;unc) • ,t l' 1 3607 TAMIAMF'rRAu. N(IR'Ill N:1PLFa, F'l. 34toi incidental to it issuance of a tine insurance poho File A: 5'9@-465 -MS Parcel ID k: 56150200005 and 56I50-420002 2381544 OR: 2464 PG: 1190 RECORDED to OFPICIA RECORDS of COLLAR COWT, FL 10103/0 at D' 53PM DWIGHT 1, BROCI, CLERK eaR� IteDOO.oc RI, NE S.Rtt Retn: 111CUrlv1 T1T:1 lX5JEARC! WARRAN''rt' iwm) (INI)IVII)IIA1.) This WARRANT Y UEta). dated October 8, 1998 by Marjorie S. Wainwright, Surviving Spouse of F.. Thontus Wainw right, Sr. , Deceased whose post office address is 4241 Chantelle Drive, Apt. 13101, Naples, FL. 34112 herinafter called the URA i OR, to KIRK N. SANDERS, A Single Person whose post office address is 4416 Lakewood Blvd., Naples, FL 34112 hereinafter called the GRANTEE (Wherever used herein the terms "Grantor" and "(iraniee" include all panics to this instrument and the heus. legal representatives and assigns of individuals, and the successors and assigns of corporation;. ) WITNESSET'H: That the GRANTOR, for and in consideration of the sum 01' $10.1.)U and other valuable con;tderatwns, receipt whereof is hereby acknowledged, hereby gruits, bargains, sells, aiiens, renuses, releases• conveys and confirms unto the (IRAN rFE:. all that certain land situate in COLLIER County, Florida, vi yypp rD LOTS 9, 26, 27, 28 AND THE NORTEK 28 FF,E �• 1-6T•N, BLOCK'? PLAT BOOK 1, PAGE 46, OF THE PUBLIC R4 S OF COLLIER SUBJECT TO covenants, conditions, restncti its, f2 erta�ntns_, lit`titiaTizsm-.f assessments for the year 97 and suhseyu fit yuitrs: an to all. pp cahlc imposed by governmental authorities, if '�� TOGETHER with all the tenements, heredaw ufrt . t�p>u4tru�i)!rt , ti er( TO HAVE AND T O HOLD, the same in Ice sijtVorcvrr. AND THE GRANTOR hereby covenant, with N FFL. that except a, land in fee simple: that the GRAN FOR has gaud i�' '1>>.\ul authurin t. fully warrants the title to said land and will defend the lame iliigs tttc -tt ,NOS SUBDIVISION, AS RECORDED VS `, f [.OR[DA. ``and greements of wetird. II Jtl \', Cl \ei antl t',-es and or re.tncuuu; .md prohibmo:a o� prJn:kn \t nr aprrn:utting. ( [I the OR AN' I OR is ias(tully Nc•iced Of ..onvey said land: that the BRAN [OR hereby all persons whurnsocter IN WITNESS WHEREOF, GRANTOR has signed and sealed these presems the (late set forth above SIGNED IN THE PRESENCE. Of THE FOt,.L 11JU WI NE:SSI[S Signature: �e Witness: Print N Mar W aria S. ainwri ht E j Signature: ; Witness: Pr' t State of Florida County of Collier 1 HEREBY CERTIFY that on this da), before me, art utficcr dull au[hurieed in the State afuresaid and in the ('ouup aforesaid, to take acknowledgements, personally appeared Marjorie S. Wainwright, Surviving Spouse of E, Thumas Wainwright, Sr me io„n to be-the person (s) described in and who executed the foregoing instrument or ttho has protluced Z.— its identification and who did not take iii nath..,rknoaledged ixf'ore nu• that hc,he.they .:NeeutrJ the ,.unc N'I I'N}.iSS mp hand mud nllirial seal in the ('noun and Stale. Iasi ahlre..al.l Ihu dig ,u G I,, atrT skl' auroral C SFAJ _. �YtI.1R1' Plliil.IC', (PrintNantel i •: I I !. i5 j .t7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120003854 COLLIER COUNTY, FLORIDA, Plaintiff, vs. WILKERT & FIDELENE EUGENE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06128/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4478 18th AVE SW SERVED: WILKERT & FIDELENE EUGENE, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800, ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the Vaduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entend%ento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120003854 Wilkert Eugene & Fidelene Eugene, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Permit for addition that has not completed all inspections and received certificate of completion/occupancy. Permit is now expired. 3. Location/address where violation exists: 4478 18`h Ave SW, Naples FL 34116, Folio 435757800007 4. Name and address of owner /person in charge of violation location: Wilkert Eugene & Fidelene Eugene, 4478 18`h Ave SW, Naples FL 34116 5. Date violation first observed: March 13th, 2012 6. Date owner /person in charge given Notice of Violation: March 14t`, 2012 7. Date on/by which violation to be corrected: April 13th, 2012 8. Date of re-inspection: May ls`, 2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above- described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of May, 2012. Joe I% STATE OF FLORIDA ha v Code Enforcement Investigator COUNTY OF COLLIER yy� S`` rn to (or ed) and subscribed before thi)day of I I 2012 by Joe Mucha. TSignature of Notary Public Personally known roduced identification Type of identification produced REV 1 -4 -12 (Print/Type /Stamp Commissioned Name of Notary Public) NOTARY PUBLIC: -ETA T E OF FLORIDA ......... Colleen Crawley Commission # EE129317 ��.I Expires: JUNE 07, 2014 BONDFAD THRU ATLANTIC BONDING CO., INC. Case Number: CESD2012DD03P5 Date: March 14, 20'12 Investigator: Joe Mucha Phone: 239- 252 -2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EUGENE, WILKERT & FIDELENE 4478 1 8TH AVE SV�/ - NAPLES, FL 34115 - Location: 4478 18th AVE SW Unincorporated Collier County Toning Dist: RSF -3 Property Legal Description: GOLDEN GATE UNIT 2 BLK 35 LOT 2 Folio: 3575780D007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violations) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits.. (Permits, inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples. include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing 'permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : `Violation Status - Initial D`CRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). 1. fitness: Permit for addition that has not completed all inspections and received certificate of compietion /occupancy. Permit is now expired, ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must apply for and obtain all permits, inspections, and certificates of completion /occupancy required for described structure /improvements: AND /OR Must remove said structurehmprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 04/1312012 Failure to correct violations may result in: ) Mandatory notice to appear or issuance of a citation that may result in fines up to $600 and costs of prosecution, OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT '' y �( `� 2800 North Horseshoe Dr, Naples, FL 34104 investigator Signature Phone: 239 252 -2440 FAX: 239 252 -2343 Joe Mucha Signature and Title of- Recipient Printed Name of Recipient Date Code Case fd rte °r. CESD20i2000385 EUGENE, WILKERT & FIDEL ENE THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] ,J I�!otice of Violation Notice of Hearing __Notice of Hearing /Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: Joe fUucha, Code Enforcement Official, hereby swear and ahirm that I have personally posted the above described document(s) for the above respondent(s) at 4478 18th AVE SVA1 , on March 14th, 2012, at 11:44 a.m., and at the Collier County Courthouse. Signature , `Code Enforcement Official) Joe Mucha STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and s pbscribed before me this fI ``r day of 1� ?if,:,'l ( ,`t 2012 lb�' Joe Mucha. #iatuFe of Notary; f c; � si- ff;,(. �.irINci ;A lt ICo Comm ��u�asJ ExPirers 12/21/2C. (Print, type or stamp Commissioned Name of Notary Public) ,I " Personally known Produced identification Type of identification produced AFFIDAVIT 0 AILING Code Case Number: CESD20120003854 Fz,esPond,- nt(s): EUGENE, WILKERT & FIDELENE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] Notice of Violation _Notice of Hearing Notice of Hearing /imposition of Fines Citation Notice to Appear `Code Enforcement Board Evidence Packet Other'. I Shirley Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4478 18TH AVE SW NAPLES, FL 341'16, on 3/16112 (Date), at 8:49am (Time). (Signature of Co e Enforcement Official) Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 16 day of March , 2012 by Shirley Garcia (Name of person making statement) D (Signature of Notary Pub' NOTARY PtiBLIC•ST;ITE OF FLORIDA K1i1 ?G2r'tj' Brai 6es )Expires: Comt�ission n DD426130 SFR 17, 201; BONDED T IRU .h7LA�"EC B0.'DEYG CO., DYa (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. psepind by alld got ta to: JAMI= BAVYAZZ CL "SIC TITLE SEAVICEZ, 11400 94=ita SeAch Mad, Suite 401 SoAita Springs, FL 34135 SJ96 - GRARM 1: • . r,-)o ).)- 2609016 OR. 2653 F0: 2025 HCORDID ifi OFFICIAL NCOADS of COLLIEr COUff-J, rl: 03/21/200i at 11:07H HIGH? 1, BROCK, CLEU cogs 1150001tH IMC PH 6.0 -le Doc_.70 0`131V CUSSIC TI E AGENCY INC 11610 5011% BIACI HAD 03401 BONITh SPEINGS FL 3035 WARRANTY DEED I= mm,= this 1'ich day of wmxcL 8,59> iz J. GTORW410, a viAgle wotAar, A.D. 2000 h:stwocll 99 G--=t0r*, ttOffia &!iA=ss la, 3790 21ST AVOUZ M, rul.FLES, rWIXIDA 31111 and LIIL=VtT MGMM and FM 1 810"- Mr—Irm" RuSbaz-1i And V190 aZ Gr=(4c", wkwee zddrLE, is! WS 1vTH KVTMh l ji_U=, rLOMIDr4 30111 V,TT=5=i in cans_xd:a&.zion of the sum of T= 1 m rn)1300 DOLLUS l510 Ali to said G==u=G in hand p2id by zmid grant -cipt A -�@�'Z�ruby UckDowledged, has granted, b4rq_%insmd And *old t'o-,tbim . antee &M grantee 4e sOormver the following darczjb,�d land 4 located/iv,m'W'County of Collier, Stat Florida, to-wit; LOt 2,/81zq.# 35, of t3sat &amain su accord i mg 'to _El*_ Map_or Pl&c rnereQf 65 IV N L? j Tkxs oubject 'PI"ro0orty Sa ,� � I , �Lora to 1FU2_T=3'=, 4meamame, rcztrict&oho-� taxas 6�'Jiv0o and subseqt=t ywzz the 5=0 Aa-b scion huotm as === GATU, ULIT ia. 2, fiLe and rocordad in the oftico of the wltj_ rlor;AA. ;.n V-14t book 5, pagoit.; md-of1tho grameor, nor in 1z cor.t4sulou', of Taco rd, 19 any, wn.A_ title tip said 1wid. or; 1;iz,11 &nf=d We*= tr,40=0ever, 19LAvulax and an conteat ZU WITM8 k==F. GrAntOr bW bOrGUMO SQV qr=tD1_'U hdn.6 Gnd SOLI the fty and you tirmt AeV* ism-_ vitnoZvo et �4 TYPO AdA" U=-m J. 0102DAIM mirr ca ma State of FL0=0A County of COLLIM The foragaing inatrumazt was k4goro to on thla 1,2th day 0! xUrch. 2000 by SOMIE J. 01 Z- dingle ww"A, who is known to a* or who kL&a rx idant-Ification and cud tt an 00th. my coumizai0o t=pares� MOT&Ry pAa4.zc aa:rzaB mrz. MARY ELLEN SILVESM My COMMISSION 9 CC 733955 E XPRE S: AprJ 14, 2002 aw4w Tmv NO-Y Pkgr UrNAMEMAM 101vol blto*ml M lnlilfM 9620WIP L 196 3"1111 31stvlo (yl 0 0 0 0 0 VU P 1 S 0 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110017156 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RONNIE G & BEVERLY J BISHOP, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12. Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1329 SAINT CLAIR SHORES RD SERVED: RONNIE G & BEVERLY J BISHOP, Respondent Carmelo Gomez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)7748600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles, Servicios the traduccion no seran disponibles an la audienca y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avefisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Ronnie G. & Beverly J.Bishop, Respondent(s) DEPT CASE NO. CESD 20110017156 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06 (B) (1) (a) 2. Description of Violation: Turned permitted garage into a guest house 3. Location/address where violation exists:: 1329 Saint Clair Shores Rd. Naples, Fl. 34104 Folio# 294600009 4. Name and address of owner /person in charge of violation location: Ronnie G. & Beverly J. Bishop 1329 Saint Clair Shores Rd. Naples, Fl. 34104 5. Date violation first observed: 2/28/12 6. Date owner /person in charge given Notice of Violation:: 2/28/12 7. Date on/by which violation to be corrected: 3/29/12 8. Date of re- inspection: 5/14/12 9. Results of Re- inspection: Non - compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. REV 5 -13 -10 Dated this 21" day of May, 2012 STATE OF FLORIDA COUNTY OF COLLIER (—armelo Gomez Code Enforcement Investigator Svhom to (or affirmed) and subscribed before thisjday oft 2012 by ignature of IN I otary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identificati n produced SHIRLEY GARCIA W rlNOTARY PUBLIC STATE OF FLORIbr. Comm# 013094398C.,. Exnirns IZ21/'(j i j Case Number: CESD20110017156 Date: February 28, 2012 Investigator: Carmelo Gomez Phone: 2392522971 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BISHOP, RONNIE G & BEVERLY 1329 SAINT CLAIR SHORES RD NAPLES, FL 34104- Location: 1329 SAINT CLAIR SHORES RD Unincorporated Collier County Zoning Dist: Property Legal Description: 31 49 26 N1/2 OF S112 OF SE1 /4 OF NE1/4 OF NE1 /4, LESS W30FT 2.39 AC OR 1622 PG 990 Folio: 294600009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: TURNED PERMITTED GARAGE INTO A GUEST HOUSE ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspectionl. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. ON OR BEFORE: 03/2912012 Failure to correct violations may result in: 1)'Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE Investigator Signat e Carmelo Gomez DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 L4� 3zjm�o Signature a r le of Recipient COLLIER COUNTY LAND DEVELOPMENT CODE Codified through Ordinance No. 11 -21, adopted June 14, 2011. (Supp. Flo. 7) Preliminaries COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 Published by Municipal Code Corporation Tallahassee, Florida 2004 COLLIER. COUNTY BOARD OF COUNTY COMMISSIONERS Donna Fiala, Chairman Tom Henning Jim Coletta Fred W. Coyle Frank Halas s0.02.OE 11-�,ubrn!-Ltal Requiremen'Ls for Permits B. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on bLfilding or land ahlarataan permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code -are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any _written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altereol, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. .....,�« :wx. ,-. �.a { F .,.«. axr _ , ^�w„�ssm�.aams .�... na+l•,.r. ��. ,... f3 tw4Nhlt fall�eWta»M Soiiipalf ewetitiPa7 •; a Stifhlal to iaois3tlsat h{liffallt wis W" "t VW" Mr. "Jill to tt aim tint t offt t ZEE sot fitst mat *to ; Rune S .'�i«7D � t-"v tat AleftAls, ft #ia Tl4aa i A C3dSS'G' Ar,tar�- i 3? �/I�Ataa a^a" *..�,.M 6� :n: I _ nat F'rgc +tf tape RU.�M""' < :,7Cttt it C4NJ ?Y C.Lf Ttx i}F �tepattl gptaiart! Nrat t,f. (ratio) m4etat i 3y D C aawtt($i s.s.rts�: •,••«• Wgt AM 181S i1AE 100 WASS106 t1AiR.•••••..•• »•••saact Atlfili 181$ tint M AiCMtAK OdiM .............................. tHI5 UARRAt1ty atO trade the 31st day of tray A.U. 1991 by Harold Tripp and Catherine tripp, husband and wife hereinafter called the grantor, co ° to Ronnie O. Bishop and Beverly J. bishop, husband and wife c whose postoffice address is 1329 St. Clair Shores Road, Naples, Florida 33942 n N hereinafter called the granteez (= (Nherever used hernia the tell$ 'orastor' sod 'grantee' isciuds ail the parties to this iasttuest $ad the __K tv hairs, 1e01 repraestatives and sssioas of individuals, sod the successars and assioss of corporations) WITNESSETH: that the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Collier County, Florida, viz: North One -Half (N 1/2) of the Sou 1/4) of the Northeast one - Quarter Section 31, township 49 Southl Subject to easements, rest TOGETHER with all the in anywise appertaining. TO HAVE AND To HOLD, the -Hax34,(S 1 /2) of the southeast one - Quarter (5E �4)_ f Northeast one - Quarter (NE 1/4) of Easy; 61 County, Florida. reservation ca�gon to the subdivision. rrt to s iWl a0pUrtenances thereto belonging or fee simple f" e, O/ %/ AND the grantor hereby cc n kt!F,,oikh said rar",O-iat the grantor is lawfully seized of said land in fee simple; thane � _CWcf right and lawful authority to sell and convey said land; that the grant 3T L ,tYly warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1990 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. signed, sealed and d 1 "vexed in our presences Halo d Tripp 1 � � Catherine Tripp STALE .OF .Florida tlt�If.LY •tTF I MEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Harold Tripp and Catherine Tripp, husband and wife to sne Known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. A�3rtirES$;fy'•h' Wd and official seal in the County and State last aforesaid this 31st day of naya:Tl., "3991, •. �gq lA t/BL tir l _� Notary Public, State of F"& ARY i?iiBLIC S3 f�3t Eat% '''''161y Commission Expies Jane Z. t99T rued 8nd verihed ' .. a.. .. Recd ►e.a,a n,a uoy F.m - sm,r na, M, ,n Qk_O Recor FLOMI)A r r CO qN ESGILES. CLERK CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20120000522 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SHERRY LICHTMAN, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 371 19th ST NW SERVED: SHERRY LICHTMAN, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traigs su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Sherry Lichtman, Respondent(s) DEPT CASE NO. CELU20120000522 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41 as amended, Section 2.02.03 2. Description of Violation: Accessory structure remains on the property after primary structure was demolished due to fire. 3. Location/address where violation exists: 371 19`h St NW, Naples FL 34120, Folio 436914600007 4. Name and address of owner /person in charge of violation location: Sherry Lichtman, 214 Avenue A, Bayonne NJ 07002 5. Date violation first observed: January 13t', 2012 6. Date owner /person in charge given Notice of Violation: January 28`", 2012 7. Date on/by which violation to be corrected: February 23rd, 2012 8. Date of re- inspection: May 22nd, 2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. PY±feMW'�3rd day of May, 2012 Joe Mucha Cod /Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S orn o (or aff ;taT��Public) d) and subscribed before this day of V C 2012 by Joe Mucha. (Signature o (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identific tion produced SHiRLEY GARCIA NOTARY PUBLIC STATE OF FLOPIW F, a comm# OD0943930 ,. V ? .. !2121/20 { +CFA- REV 1-4 -12 Case Number: CELU20120000522 Date: January 23, 2012 Investigator: Joe Mucha Phone: 239- 252 -2452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LICHTMAN, SHERRY 214 AVENUE A BAYONNE, NJ 07002 - Location: 371 19th ST NW Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 7 TR 72 LESS THE E 39OFT OF THE N 300 FT OF TR 72 Folio: 36914600007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Prohibited Use. Collier County Land Development Code 04 -41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Primary structure demolished several years ago. Accessory structure remains on the property without primary structure. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Obtain all required Collier County building or demolition permits; inspections; and certificates of completion to build a primary structure or to remove the accessory structure. ON OR BEFORE: 02/23/12 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Joe Mucha 1 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date USPS.com(& - Track & Confirm USPS O Quick TOOTS Ship a Package Send Mai! Track & Confirm You entered: 70111570000000642237 Status: Delivered Your aem was delivered at 11:23 am on January 28, 2012 In BAYONNE, NJ 07002. Additional Information for this Item Is pored In flies Online. You may request that the additional Infofmation be retrieved from the archives, and that we send you an e-mall when this retrieval is Complete. Requests to retrieve additional Infometlon are generally processed within four hours. This Information will remain online for 30 days. 1— dke to starve rw—bon on this rap Restore Find Another Item Wnairs your label (or receipt) number? Find LEGAL Pnvacy Polioy+ Tom, of Use+ FOIA+ No FEAR Pct EEO Do. + CopynghtC 2013 USPS, All Rights Reserved. ON USPS.COM Govemmenl Services+ Buy Stamps 8 Shop i Prim a Lebei with Postage, Cuslomar Service, Us Index https://tools.usps.com/go/TrackConfmnAction.action Manage Your Mai! ON ABOUT.USPS.COM Aboul USPS Home + Newsroom + Mail Service Updates , Forms 8 Publicauons + Careers, Search USPS.coin or Track Packages Shop Business Solutions OTHER USPS SITES Bus,— Cuomner Gateway Postal ImpeGgrs Inspector Gene, , Postal Explorer+ Page 1 of I 5/22/2012 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. ion W. mlilMM-Wq. FIRST PRIORITY TIT11 Attoraq at Law 8140 COLLIGS FIVY 1101 Law OMM of John w Maw U40 Cdikp pkwy Snits 103 FT MIS FL 33919 Fort 11yers, FL 33919 23933248637 File Number: 64MMilchtman Will Call No.: [Space Abav Thin Lim For Kecard ng Data Warranty Deed I%b Wammty Deed made this 23rd day of June, 2005 between Janice G. Thornton, a married woman and Tammy Thornton. a single woman whose post office address is 5371 Myrtle Lane, Naples, FL 34113, grantor. and Sherry Ubtauka, a sb& person whose post office address is 214Avenne A. Bayonet, NJ 07003, vwfte: (whenever wed herds the lean 'granter' and 'tnniee' Include all the parties to this instramau and the heha, le=d ..prmieatadvas, and anigns of Individuals. and the aeec000rs and aesigng ofooTondanso muds -d trusters:) WiWCSWtk that said:g<antor, for and in consideration of the sum of TEN AND N0 /100 DOLLARS (SI0.00) and other good and valuable considerations to-said Vwtor In hand paid by said grantee, the receipt what f is hereby acknowiodged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assipts forever. the following described land, situsle, lying and being in Copier County, Florida to-wit: Tract 72, LESS the East 390 feet of the North 300 Fist, Golden Gate Estates Unit 7, aeeordbkg to the map or plat thereof, as recorded in plat Book 4 page 9b, of the Public horde of Collier County, Fhwida Partal Ideatification Number: `•T�.S L5 NOT .TM F CONITGUOUS TO THE THORNTON'S HO11 M Togefherwith all the tenements, To Have and to Hold. the And the grantor hereby covenants grantor has good right and Ittwf l an land and will defend the some age encumbrances, except taxes accruing 11�t60ad07 V RESIDENCE OF , VFAMENCE OF grantee that the grm all and convey said claims of all kAB-Dpember 31, In Witness Whereof grantor has hereunto t Siggnned,sealed and delivered in our presence: 1111.�,1X1 `"1 � OA R Witness Name: _ v ,10 -tt= 0KW., 2 Witness Name: Witness Name: Witness Name: G. THORNTON NOR LS TT `G. THORNTON. JANICS G. 'NAPLES, FL 34113"'' in anywise appertaininr, l of said land in fee simple: that the hereby fully warrants the title to said r, and that said land is fine of all the day and year first above written. r ` anice G. Thornton (&Cal) Tanmty ornton The foregoing instrument was acknowledged before me personally known or (X] has produced a driver's license -as (Nobtry Sea]] Apr3k 10 #OD4XtW this 23rd day or June, 2005 by Janice G. Thomon, who Lj is identift n. N Public Printed Name: -j My Commission Expires: '7112� ZC-f R C 0 XN1- cc CELuaoiaooao5a" To: Chair of the Collier County Code Enforcement Board From: Sherry Ljchtan, Respondent RE: Noticelef Heng before Code Enforcement Board Date: June 20, 2012 I, Sherry Lichtman, am unable to attend the public hearing scheduled for June 28, 2012. Kim Todd has my permission to represent me at said hearing. I / 61.2_0 A.2- Sherry Lichtm. Date /i716142-141) v 4i&/i 3 //l. -t 026 41'- 20/c77 AMARIUB VIU.AMAR ID#2264309 NOTARY PUBIC OF NEW JERSEY My Comniession Expires 9/28/2015 Jun. 20. 2012 3:48PM No, 3675 P. 1 Ivt T I � T C E RL CELU aoiabe003 LAW GROUP WEST rant BF,ACH,FL 777 SOUTH FLaGLER.DR. SUITE 800-WEST TOWED. WEST PALM BEACH,FL 33401 TELEPHONE:(561)515.6025 Fix(561)515-6124 June 20, 2012 Collier County Code Enforcement Attached: Joseph Mucha 2800 Horseshoe Drive N Naples, FL 34104 RE: Sherry Lichtman vs. Citizens Property Insurance Company REF: CEPM20100009680-03-21-11 -BC (violation number) Dear Mr. Mucha: Please be advised that our firm is representing Sheny Lichtman for her vandalism insurance claim for the property located at 371 -19th Street, NW Naples, Florida. Also be advised that Sherry Lichtman has filed a lawsuit against Citizens Property Insurance Corporation for her property damage. The house will remain boarded until this matter is resolved. If you have any questions,please do not hesitate to call. Very truly yours, GROUP, P.A. f. SHA 11'1 J. MARKER,ESQUIRE SJM/dld cc: Client and PA www.merlinlawgroup.com Blog:propertyinsurancelawcoverage.com Tampa,FL• Coral Gables,FL•Houston,TX'West Palm Beach,FL INSPECTION JOB CARD—COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 252-3726 I PERMIT NUMBER: APPLICATION NUMBER: ISSUED: PRBD2012020352601 PRBD20120203526 _ March 27, 2012 JOB DESCRIPTION: demo guest house&slabcode violation CESD 20 12000052 JOB LOCATION: 371 19th ST NW LEGAL DESCRIPTION: GOLDEN GATE EST UNIT 7 TR 72 LESS THE E 390FT OF THE N 300 FT OF TR 72 FOLIO#:36914600007 SECTION-TOWNSHIP-RANGE: 6-49-27 OWNER NAME: LICHTMAN,SHERRY CONTRACTOR: GENUINE HOME BUILDERS INC FRONT: REAR: LEFT: RIGHT: SPECIAL: FLOOD FZD ZONE: 115-Final Building ,,i_a , � t ip a Notice of Commencement NOTE: If you are unable to schedule your Inspection, please contact he inspection desk at 252-2406. NOISE ORDINANCE: Coker County Codes of Laws and Ordinances 54-92(1) Construction Sound. NOISE LIMITATIONS are h effect at d times. Work permitted, RESIDENTIAL Areas - 6:30 AM b 7:00 PM Monday fhru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:00AM b 8:00PM Monday thru Saturday. No Work on Sundays or HoBdays. RADIOS, LOUDSPEAKERS, ETC. -Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS -Cal 48 Hours prior to digging/FPL 434-1222/UTS t-800-542-0088/PaknerCATV 783-0638 and al other applicable ublties. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. FS§713.135 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT 'ERMIT#: PRBD2012020352601 PERMIT TYPE: DE ISSUED: 03-27-12 BY: APPLIED DATE: 02-22-12 APPROVAL DATE:02-29-12 MASTER#: COA: JOB ADDRESS: 371 19th ST NW JOB DESCRIPTION: demo est house&slabcode violation-CESD JOB PHONE: 20120000522 SUBDIVISION#: BLOCK: LOT: FLOOD MAP: ZONE: ELEVATION: FOLIO#: 36914600007 SECTION-TOWNSHIP-RANGE:6-49-27 OWNER INFORMATION: CONTRACTOR INFORMATION: LICHTMAN,SHERRY GENUINE HOME BUILDERS INC 214 AVENUE A 340 15TH ST NW BAYONNE ,NJ 07002- NAPLES,FL 34120-- CERTIFICATE#:<No valid Licmae Found> PHONE: FCC CODE: 645 CONSTRUCTION CODE: 0206 JOB VALUE: $4,000.00 TOTAL RES SOFT: 0 TOTAL COMM SOFT: 0 SETBACKS FRONT: REAR: LEFT: RIGHT: WER: WATER: NTACT NAME: CONTACT PHONE: Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes,ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP).FOR MORE INFORMATION,CONTACT DEP AT(239)332-6975. In addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county,and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. . 1. VIII: 40,111:0 o l//e / `, = , ... .....,.. ii,. F iI ii i/IIf �. ; -- - //y� f 4 „,,,,,,.. ..., „,..... , f Ili.. .,:-- "c'..• es:',1” 0', 4.,_,,•=:.• . i lif f: .........1: : i v ii 1 y CY e M. 1 V }ice i R 1 j c — . 1111 i 4.= { �. ,.,,,,,,l,„,„f 1.; l j t} Idi i .i VIII l 'i ' � f ! I • L l I 6 y 1416 ,1115..1 ,` I. ,. x If- i # ! ' la r , ( -- — 4" ill WI �„ III . ` i LL L I +1.7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20100019476 COLLIER COUNTY, FLORIDA, Plaintiff, vs ERICK DORESTIL & ELVITA PIERRE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Private Pool Maintenance - Dwelling22- 231(15) LOCATION OF VIOLATION: 3661 12th AVE NE Naples, FL SERVED: ERICK DORESTIL & ELVITA PIERRE, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman —Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20100019476 Erick Dorestil and Elvita Pierre, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of the 2010 Florida Building Code, Chapter 4, Section 424.2.17. Collier County Land Development Code, 04 -41, as amended, Section 10.02.06(B)(1)(a). Collier County Code of Laws and Ordinances Chapter 22, Article Vi, Section 22 -231 (15). 2. Description of Violation: No protective barrier securing swimming pool. Swimming pool permit expired without obtaining a Certificate of Completion. 3. Location /address where violation exists: 3661 12th Ave NE, Naples, Florida, 34120, folio #40527040008 4. Name and address of owner /person in charge of violation location: Erick Dorestil and Elvita Pierre, 3661 12`h Ave NE, Naples, Florida 34120 5. Date violation first observed: October 1, 2010 6. Date owner /person in charge given Notice of Violation: April 3, 2012 7. Date on/by which violation to be corrected: April 25, 2012 8. Date of re- inspection: April 26, 2012 9. Results of Re- inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this .� clay of I�'` 2012 ' Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affix d) and su cribed before t1 I )day o 2012 by "" (Signature of Notary Public) (Print/Type /Stamp Commissioned N,y�e. of Notary Public) Personally known or produced identification WARY PUBLIC -STATE OF FLORIDA Colleen Crawley i Commission # EE129317 Expires: JUNE 07, 2014 REV 1 -4 -12 EONDF]DMUAT"N'TIC BONDING CO, INC. �n1X7. "�OU,, Case Number: CEPM20100019476 Date: April 03, 2012 Investigator: Danny Condomina Phone:2392526866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DORESTIL, ERICK ELVITA PIERRE 3661 12TH AVE NE NAPLES, FL 34120 -8929 Location: 3661 12th AVE NE Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 74 W 75 FT OF TR 92 Folio: 40527040008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: The 2010 Florida Building Code. Chapter 4 Special Detailed Requirements Based on Uses and Occupancy. Section 424 Swimming Pools and Bathing Places (Public and Private). 424.2 Private Swimming Pools. 424.2.17 Residential Swimming Barrier Requirement. 424.2.17 Residential swimming barrier requirement. Residential swimming pools shall comply with Sections 424.2.17.1 through 424.2.17.3: gilding and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No protective barrier securing swimming pool. Swimming pool permit expired without obtaining a Certificate of Completion ;DER TO CORRECT VIOLATION(S): ou are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building or Demolition permits, inspections, and Certificate of Completion for swimming pool 2. Must erect, fix, or repair an approved pool barrier to avoid safety concerns AND / OR Must apply for and obtain applicable permits for a permanent pool enclosure and /or protective barrier and follow through to certificate of completion. ')N OR BEFORE: 0412512012 ailure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY. InvestigatorSigndatdre DarSnyCondomina INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date AFFIDAVIT OF POSTING Code Case Number: CEPM20100019476 Respondent(s): )ORESTIL, ERICK ELVITA PIERRE THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Danny Condomina, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3661 12th AVE NE Naples. FL , on APRIL 3, 2012 (Date), at 1:15 PM (Time), and at the X Collier County Courthouse _ Immokalee Courthouse. �r (Signa ure,.of- Co.de -En orcement Offiaal) anny-e'ndomina STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed) and subscribed before me this Y day of '�J A - , 2012 by Danny Condomina (Name of)person making statement) '\\'K, �1�d �q� (S'§hat6re of Not Pudiice�s�� €' NOTAF+Y P?I. SUC STATE OF FLORf GamrniT Ermires 12121/20 t W (Print, type or stamp Commissioned Name of Notary Public) (Personally known tzz-; Produced identification Type of identification produced . AFFIDAVIT OF MAILING Respondent(s): DORESTIL, ERICK ELVITA PIERRE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: Code Case Number: CEPM20100019476 CASE: CEPM20100019476 Erick E►vita Pierre Dorestil 3661 12th Ave NE Naples, FL 34120 -8929 I Indira Rajah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at on 4/3/12 (Date), at T27 PM (Time). 1i ;G G� lam- ��lz_ (Signature of Code Enfq�qlbment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ) / day of April, 2012 by Indira Rajah (Name of person making statement) (Signature of N a' Public " X Personally known Produced identification Type of identification produced 3661 12TH AVE NE NAPLES, 34120-8929 r�mfoSmatmn�, u�si�a�ur�we6s1%vy�,usp�ce��'�, Fu Postage $ Certified Fee Return Receipt Fee Postmarl (Endorsement Required) Here Total Po CASE: 000 9; , Pierre Do - 3661 12th Ave NE -. _ Naples, 34120-8929 J NOTARY PllB L{ Comm## 013094392.1"'. t Expires 12/21/,'.0 J,] ,,STATE OF FLORIDA (Print, type or stamp Commissioned Name of Notary Public) SPECIAL DETAILED R'SQUIREMIFINTS BASED ON USE AND OCCUPAKCY 4?A.2.j::2Dv:Lijnl and wvtgx pip in g. All drain md.wamc pipijigqha, be tasi�d by fjllin� wifli waic, L) ific POU'l of and i[I ;j ull:S kidl he lig#. i3 w.Lz 1) rain pi pint;. 4242.13.1 SIPpe to diszharge. Dir-ain piping v-TAi'rLg povily Lwerfimk ,gainer drains amd deck drmns shrill be histidled ic) Providc Lxxllnlarws grade U) porril of Lin- charpe. 424 2.11 -*1 Jnirib.i and ec"nection". Joints, and aminoc- li(.)r6s slt sll to TulLida L% junluii-OJ by dic, Floddn, Bufiding calif: 4242.14 Niter 4,24!J4.1 Laly-el-&, Sx6mjlCine p(-,)l wale r hc:L6n,, vIluil:- mcritshallconform vth dcm;rI, L:(Ai.Z'1LcLIon and jLljjc:)n rcquire.mvnis in mccordariev with BL:ccpicd wd shall heir the lzlx] of u nimd msbng mgmc•, and shall inelmdo n coriKideratim Of ccxnb",d T. N.eqtilig alid pas !iuppt,, • m uumneriLs For Lill ul %=rr hmnx� 424.2.14:2 lVatier miention. [fli h=it er-4-mot eqU#);N1ti or cimsi,gi-led ralLin approwcd p2mialvol bYpassol alllb;ipflom an affrovcd parnialilML li pwsr or uniti.k.-04111)m dc6cc shall be ij:LNtd.IL-,d to r.rcwi.dc a poNi-li-a! mean; 0:1 fix Ictitcr k0icn dic pump isixil inorer- 4 11-2.14.3 Ilk draimage. NVI-im thchew.cr Ls ili.suiillviima 424.2.14.4 Cuillvections. All water 11-tino equipment shall be imu0c:d vkrith flm'Wh ck w1k)" c0nnccii,ori adpt- cart, to th-, he alaz 424.2.1-4-4 Rdiel'vake. "Mico Nw-dier eL-jU1PTlIdrU Y,ticti is inmllcA h a CIO 5Ld systrm IMS 11 talvehcnrmLn ffic TpLiance and tlic pcYA a tares sure relief 41 vc duill be jrj,qjjjL,j ctrl d-,v disc hwzcs (h or ific wawa lkmldr_, eq vi P- incrit. Tor umiLs tip I,) and imcluding, 20MY3,13 9tullioul- Input. the TcbL!f yLilvc !itial. bc rated by ittl- Arwlivin Cite, A:&s ocili Lion. 424.1.11S Gu5 piping. Gas rAPit" shall COmPlY %Ii-th t1le Flur;r,du bufidifhg 'C(Aic, Tild cjczt: 424 -110 EimAriail, a=Lrivill 1911XI11,12' MI-1 CL.10FITTIVIa SbLill vomplyiAmh aaricr2l ofthc 4Z-1.117 RL-smentint swinnmhi4 harrier mquil-volvrit. Miliply v.iLt SCCUms 4242 17.1 Oirx:mgh 42.1.'? 1731, J;xcvpCvq)n; A with an aRpro-vH A-S71\4 F 1146. 4N.2.17J ()aackor swimillim, po , tsk.,, Otitdc' ir swiml- Tinilk" peels shall bc pArAided with a b—znkr Coulpi)-, . k rim_ vvil:1T5c::tjlim 424.2-1 TAA ffirough 424.2.1-1] A4. 424.2.171.1 Tbv Top cift-bmicu sh-Wl tx. at lcws-i 4S imcbcs 1 klovc,,,radc mica&urudon ill esidc of facLz; invoy. firim the qw[mmin.g Tx--L ,nk. m=imljm vc.iiical, dcantrcc bawom grack, and til, (if thc b4irricr- 6:01 be 2 miches (51 shin', m murrd (in dir side ofthe barrier which faces awa) fnx,L swimming fx)ul. Witco! tic trip clif tne pcx)] structure is 2lbovc grade dic humcr may be at amillild ICVL,j or Trimmed lop at 1.112 T.X)oL &U-ilciluz, w1cir ffic, b m-ri a is M oorlLecl on Lap Of lbC Tx, of structure, the r1laxillium verticA, c1cararicc butx= 'dw 111P of thi.: P001 1,13FLICLUI-C and the botinlin n I'llic. birricr shdt'Ibc 4 i licIlLN (102 331311). 424.2,17.1-17'lichtuirior ma•notbHvc any 91ps.oWn- iOy,C, h-Acril, ail orls. pratruNlom., or smia.mral "Irnrx- riclits Could Fillow n youriLl CH11 LO CrLINVI LndLT. squcezc ijm3uIC, or climb ovor the ba-rior w amin dr-zrihed hcjrrvv. Oriccrid OF a mmoNitble child barrio shalt nol, be mnov-Allc wil.jloui tjic aid c4:10oL OJVM� i,Rws in u.m, b=ier Shull mil allow P;lSNkL,: a' 4A willch (10-1 111ITI) 1,FXhC!l7e, 7.1 -1 Skilid barrir.rs which clo rml biit . ory n- irm, Sli-L-.C11 not corltlirl iatdcnsrti.cuts (.-# protil-Li5icill's Cmapt for mr.mal m)nqrvvtnvl1 tolerances arxi ioOlcd nIlL,WlU'V 424.2.17AA: Whcze The himL, is compised of hon. -f'mtzd vuxi vertical TLIC m bc5 mid tic disimcc Lkfi w en Ib-- il)ps of We hori=iiuJ mcrifma is WSS than 45 indicS (114+ mmi, the horvornlil inemrsT", rhaE he Iczulvd cm the ,;wirnrningpc.x,I sid:(ffthe iencto Spac. ill- bc,-Lw�cuj venial nxinbers shall not exc-00-J I irichuN (,*I miri) in wid0i. NWhere them cur, cutouts w thin tTnlcal riianhm, sp=iTil- mthn L)ic--, cui.oLv, sbalin CIL M-COOd 111M)ill m-IdL., 424.2.17.1 5 1�vhmc lac harrier is compmcd Of hori- zvim.il rand vertical itimli bcNand abodiMuce bolkw0cli mirtribei-Nis,15 icivs (114-1 mm,i or rriaxc, sTmcing irlww" vcTllcq mcmbcN' ,diall, mL erred iOc.j:x:s (102 ruin ). NMicic Ihcx = d.caradw cutouts tviLhin Y-crLical metrbrn., sl;mclng wilhin the, cutovuN 5;h.,01 not exceed IV, inches (44 flim,l in wicthi. 4-74.277.1.6 Mvimulll 111,csil size ffif chain Hill, fences sfitill be a 27,l iach. (57 Train) squ.,,irt urflLsst.nc fcr.v,,c isprovidedwHi slat fteitcTloj Lit L11clop or [t,rn whicli r,,3u= the or=inps 1� , no more Lban I inches (44 Trim) - 4-14.117.1-7 IAhcrtlhc. barrier il,cnr-fx1scd ol-dii-pl• nat riicmhcfr-%t 11w rilaximum OPenna foMkcd IlY I , 112 diagorial mcillbers Shull be TIC) 11101" Lhr, I `f,l 111=5 44 in mi. 42-4.2. 17.1.8 Aoccs,, when proNicied Shull 'he 1111d. sJjjjjl Coniptv wk� the TUqUil-Crilmlf oi SwLionS 424-2.17".1.1 ffirmz-ih 424-21-1-1.7 and sluilltx- ill uippcd NO at a sclk lwcll ins I wkillg &cVl cm ILIC PCIL,-d SiCi OIAIC g!Ae. 1i'11cTc!t1:v,dcviCv r�Lcave is JocLflod It,) lc s' tharl 54 inclim 0 37? mm) firilm thc bonarn of ih y ti.c, Ilv L• 0 cc Tdcu-S'! mvc-k-,'- r3 isna maybe I ocaLod (11, L! b3crside o I- 6c. maie vin d m: plawd that i:t mtrin ol be ream (N] M I LAYOU119 ChUd Owl 2,D10 FLDP40 A BUILDINQ CODE — 9 U LDIM' Municode Page 1 of') Sec. 22 -231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1 SANITARY FACILITIES REQUIRED — Every dwelling unit shall contain not less than one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY— Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES — Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES — Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel -fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT — every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES — Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION — Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BATHROOM— Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS — Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall -type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS — Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. 11. ELECTRICAL SYSTEMS — All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION — The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS — The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. C. ROOFS — Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. http: / /Ilbrary. municode .com /print.aspx ?clientID =l 0578 &HTMRequest =http %3 a°/o2f%2flib... 7/6/2011 Municode Page 2 or 3 d. MEANS OF INGRESS /EGRESS — Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress /egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS — Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES — Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS — Protective /guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS — Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS — Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather -tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by Code Enforcement Special Magistrate. j. WINDOW SASH — Window sashes shall be properly fitted and weather -tight within the window frame. k. HARDWARE— Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS — Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air- conditioning systems are not required to have screens on doors and windows. M. PROTECTIVE TREATMENT— All exterior surfaces other than decay- resistant woods shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE— All accessory structures shall be maintained and kept in good reoair and sound structural condition. o. INTERIOR DOORS — Every interior door shall be properly fitted within its frame. P. INTERIOR FLOOR, WALLS AND CEILING — Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS — Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS — Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. 14. MINIMUM CEILING HEIGHT— Habitable space other than kitchens, storaae rooms and laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the - building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE— all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limited to, free of mold, litter and debris. http: / /Iibrar ,. municode .com/print.aspx ?clientID= 10578 &HTMRtquest = http %3a %2f /o2flib... 7/6/2011 Municode Page 1 of 26 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1 • Relation to state and federal statutes. a. Required state and /or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1 Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, http: / /library.municode. comJprint. aspx? clientID =13 992 &HTMRequest =http %3 a %2f%2fli... 4/30/201-2 Municode Page 2 of 26 moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit (s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off - street parking and off - street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with http: / /Iibrary.municode.com/ print. aspx ?clientID =13 992 &HTMRequest =http %3 a %2f%2fil... 4/30/12012 ^ ^ 3785562 OR: 3982 PG; 3247 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/14/2006 at 03:05H DWIGHT E. BROCK, CLERK CONS 393000.00 RIC FEE 10.00 DOC•,10 2191.00 Retn: SCOTT N KETCHUN This Instrument Prepared By: 692 GOODL17TE RD N Raymond J. Bowie, Esq. NAPLES FL 34102 900 Sixth Avenue South, Suite 104 Naples, Florida 34102 (239) 435 -1007 Fax (239) 435 -0021 File #00 -1364 WARRANTY DEED THIS WARRANTY DEED made this °Zf day of J206, by GUIDO HERNANDEZ and CARMEN MARLENI HERNANDEZ formerly (mown as CARMEN FEARER, husband and wife, whose post office address is 1815 51st Street SW, Naples, FL 34116, hereinafter called GRANTOR, to ERICK DORESTIL and T: ,VITA-NFRP,E,Pierre husband and wife, whose post office address is 3661 12th Avenue NE, Naples, FL 34120, hereinafter called GRANTEE, WITNESSETH: That the said Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys to the said Grantee, their heirs, successors and assigns forever, the following described land situate, lying and being in the County of Collier, State of Florida, to wit: The West 75 feet of Tract No. 92, GOLDEN GATE ESTATES, Unit No. 74, according to the Plat thereof recorded in Plat Book 5, Page 10 of the Public Records of Collier County, Florida. SUBJECT TO: 1) Restrictions, reservations, limitations and easements of record common to the subdivision if any now exist, but any such interests as may have terminated are not hereby reimposed; 2) applicable zoning, land use, building code and other governmental restrictions; 3) outstandigg -i ,gas and- rnineraI interests of record, if any; 4) real estate taxes and assessments for the year 2006 and subsequen�yeasT - ti For Information Purposes Only: Taor'cel I.D. No.: 40527040008 ' AND Grantor does hereby fully wkrai3fJJ:h"tle o sal d'tait$, and 11, defend the same against the lawful claims of all persons whatsoever, except as above noted. n L r 1 \_ IN WITNESS WHEREOF, WITNESSES: Name: Anja C. DePauw . �UIDO HEW Name: David J. Szempruch STATE OF FLORIDA COUNTY OF COLLIER CARMEN MARLENI CARMEN FERRER ow onkhe date fr - i ;+ho,, nine: �-' I EZ formerly !:ncl�j as 4-Ix� � The foregoing instrument was acknowledged before me, the undersigned Notary Public, ti is o`'" day of ta� 2006, by GUIDO HERNANDEZ acid MARLEN1 HERNANDEZ formerly known ae CARMEN FERRER, [� who are personally known to me or who produced driver's license(s) as identification. I am a Notary Public of the State of Florida, and my commission expir on: 3. C' l Anp C DePSUw (SEAL) My Commission 1X1316724 NO Y PUBLIC a w Eypres June 16, 2008 -.‘ .1. /-•'- It. -.: . • , .... ,. \'i ..' .' ' ‘-.• 4 \ % 4, •y / -. ' , ' ' 1-',) : Ir-o",--,•;•• .• .... „ ,. , v _ / ,/ j -., • „ -1.2_1. ,,‘,7,•-• • .. ---',.• .'- ':- , • T. • —,T,"----"',-;-'• ',--, •--_•, ;ir . • 1- •p-, ,• -1' . •- \ - ,, \ , ,. , , / .,.. _,, 4'11 (..... • -,. , \* ' ' ,,k., .• \ ' \ ., ,'" , .'.. -;\ /.. .\ . .. ' YI V ; ''\ i \ . f •••4' r ;1 1,... 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COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100019476 Board of County Commissioners, Collier County, Florida Vs. Erick Dorestil and Elvita Pierre Violation of 2010 Florida Building Code, Chapter 4, Section 424.2.17. Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231 (15). Danny Condomina, Code Enforcement Official Department Case No. CEPM20100019476 DESCRIPTION OF VIOLATION: No protective barrier securing swimming pool. Swimming pool permit expired without obtaining a Certificate of Completion RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$81.72 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003387 COLLIER COUNTY, FLORIDA, Plaintiff, vs PRIME HOMES AT PORTOFINO FALLS, Respondent(s) Steven, Greenfield B ESQ, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162. 12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 6091610, Naples, FL 34104 VIOLATION: Collier County Ordinance 2007 -46 5.7(B)(N) LOCATION OF VIOLATION: 7373 Vanderbilt Beach RD Naples, FL SERVED: PRIME HOMES AT PORTOFINO FALLS, Respondent Steven B. Greenfield, Registered Agent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con es comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20110003387 Prime Homes at Portofino Falls, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Ordinance 2007 -46 5.7 (B)(N) 2. Description of Violation: Failure to install arterial lighting. Failure to submit ROW conveyance for Pristine Drive. 3. Location/address where violation exists: 7373 Vanderbilt Beach Rd. Naples, Florida 34119. Folio: 204040002 4. Name and address of owner /person in charge of violation location: Prime Homes at Portofino Falls 4651 Sheridan St. Ste 480 Hollywood, FL 33021 -3430 C/O R/A Steven B. Greenfield Esq. 7000 W. Palmetto Park Rd. Boca Raton, FL 33433. 5. Date violation first observed: 4/11/2011 6. Date owner /person in charge given Notice of Violation: 4/13/2011 7. Date on/by which violation to be corrected: 5/11/2011 8. Date of re- inspection: 5/24/2012 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. REV 1-4 -12 Dated this , °> day of �' ,2 , 2012 CodAnforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER iA Sworn to (or affirmed) an bscribed before this.`3 day of ,4~9_2012 by �/ �- (Signature of Notary Public) (Print/Type /Stamp Commissioned L___ Name of Notary Public) Personally known or produced identification Type of identification produced O"Ay Pil, INDIRA RAJAH * * MY COMMISSION N EE 126592 EXPIRES: December 7, 2015 �l�rEOFF�OP'\Ot Bonded Thtu Budget Notary Services Case Number: CESD20110003387 Date: April 11, 2011 Investigator: Jonathan Musse Phone: 239- 252 -2411 Cell: 239 - 877 -8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Prime Homes at Portofino Falls. 21218 Saint Andrews Blvd. #510 Boca Raton, FL 33433 Registered Agent: Steven B. Greenfiled Esq. 7000 W PALMETTO PARK RD BOCA RATON, FL 33433 Location: 7373 Vanderbilt Beach RD Naples, FL Unincorporated Collier County Sec: 34 Twp: 48 Range: 26 Zoning Dist: PUD Folio# 204040002 Property Legal Description: 34 48 26 S1 /2 OF SE1 /4 OF SW 1/4 LESS R/W, LESS THAT PORTION NKA THE FALLS OF PORTOFINO CONDOMINIUM NO 1 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Ordinance 07-46 Ordinance /Code: Traffic: 07-46 Section(s) 5.7(B),(N),(0), &,(P) Section 5.7(B) - Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). Section 5.7(N) - Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right -of -way necessary for the two lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right -of -way. The anticipated width of the right of way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project s boundary. Section 5.7(0) - The developer shall start construction of Pristine Drive within one year of the approval of this RPUD rezone, and said roadway shall be constructed to County standards and accepted by Collier County through the normal acceptance process. Said roadway shall be complete within a maximum of two years from the approval date of this RPUD rezone. Section 5.7(P) - The developer shall design and permit, but not construct, a 3D foot wide interconnection between the Island Walk development and Pristine Drive (fifteen feet to be provided by the respective property owners on each side of the shared boundary between the properties owned by Wolf Creek Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd., Builders LLC, or its successor). The interconnection design shall include 20 feet of pavement and one 5 foot sidewalk. The 30 -foot wide strip of land shall be granted as a public easement. Said interconnection requirement shall be completed. i.e., conveyed, designed and permitted within one year of the adoption date of this RPUD rezone. This connection road shall not constitute a road right -of -way for the purpose of calculating setback or buffering requirements. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 1.) Arterial Lighting was not installed by January 18, 2009; 2.) ROW conveyance for Pristine Drive has passed it's due date of June 22,2007; 3.) Construction of Pristine Dr. commitment has passed it's due date of May 22, 2008; and finally, 4.) Design and permit the interconnection to Island Walk, commitment has passed it's due date of May 22, 2008 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1.) Install arterial lighting at The Portofino Falls 2.) Submit ROW conveyance for Pristine Dr. 3.) Construct Pristine Dr. 4.) Design and permit the interconnection to Island Walk. ON OR BEFORE: May 11, 2011 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Jonathan Musse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX. 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient April 11, 2011 Date ■ ) § E opE o -= ®c B]ta®. < n- e�GS§[ =$to®= I \ §a {c s${ {\} Jo_o - n U) tc - == E =e§�6£ 3 , C: a) o = ° °®� t =@ /e, s� *c=e 0 a) o o & to ■ � ■ in I\ \ cc \ � Z5 El /) � 2E U/ / k \\ \0 \\ c 733 $)#$) ) �oc�m w \ 4 _ ( _ \��n =� \ \U- �w�E \ — Uma\ dkC,\ = « S) mo=w= / � � G b j q {� m g m 0 e M c e ? ? \ o » co � DID }o CO /co /� \ ) � / , 8458788 o l N ORDINANCE NO. 07 -_ a 6 AN ORDINANCE OF TEE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICTS TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO ADD 20.27± ACRES AND 117 DWELLING UNITS FOR A TOTAL OF 167.96± ACRES AND 671 DWELLING UNITS, AND AMEND THE ALLOWABLE USES AND THE MASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDER13ILT BEACH ROAD (C.R. 862), APPROXIMATELY ONE -HALF MILE WEST OF COLLIER BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 167.96± ACRES,- PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER WOLF CREEK PUD, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both of whom are represented by David R Underhill, Jr., of Banks Engineering and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDA NED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to the Residential Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document, attached hereto as Exhibit "A ", incorporated herein and by reference made a part hereof, The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Wolf Creek PUD, PUDZ -A- 2005 -AR -7422 Page 1 of 2 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO, D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collector /arterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn -in period, and final approval /acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. Revised 5131107 to reflect BCC changes 16 H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01 -247), as it may be amended from time to time, and with the Collier County Long - Range Transportation Plan. When ingress and egress improvements are determined, as necessary, right -of -way and compensating right -of -way shall be provided for and in conjunction with said improvements. All work within the Collier County rights -of -way or public easements shall require a right -of -way permit. K. All internal access ways, drive aisles and roadways, not located within County right -of -way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. N. Within 30 days of the adoption date of this RPUD rezone, the developers owning the property fronting Pristine Drive shall convey in fee simple to Collier County the right -of -way necessary for the two -lane construction of Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive right -of -way. The anticipated width of the right -of -way is 60 feet. The turn lanes required for each individual project shall be accommodated within the project's boundary. Revised 5131107 to reflect BCC changes 17 + Rgt L� �-n -. GPEENFIELD, P.A. 7000 �L.1ViET 1 O PARK RD. #402 BOC.A TON, FL 334333 r;k 4 I (j,3 `� Strap No.: Recording: $ Documentary Stamps: $ 3489797 OR: 3659 PG 1042 RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, PL 10/12/2004 at 02:20PK DVIGr I. BIOCI, CLIII COILS 2184000,00 RIC 111 27,00 DOC -.70 17388.00 COPIIS 3.00 KISC 1,50 Reta: STIVIA 8 GRI&IFIII;D 7000 K PALKITTO PART RD #402 BOCA RATOR FL 33433 THIS WARRANTY DEED made this l 'aay of 0-67 ti t E Qh— 2004, by MARK L. LINDNER, Trustee under unrecorded land trust, dated January 4, 1999, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071 whose post office address is c/o 4099 Tamiami Trail, N, Naples, Florida 34103, hereinafter called the Grantor, to PRIME HOMES AT PORTOFIA LTD., a r caiimited partnership, whose post office address is 212189'St gri aulevard, Suite 510\, B co� Raton, Florida 33433, hereinafter called the Grantee, WITNESSETH: That the yantor\,tqrr and in�c.�'p'Md�ritti Of f;he sbm of Ten Dollars ($10.00) and other valuable considerations, recel where�f is he�ret�ylaocaowtid mere y grants, bargains, sells, aliens, remises, releases, conveys and#p i [nSU fo„th nee+ 11 tha�e4aih fan , situate in Collier County, State of Florida, viz: �` *see attached Exhibit SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby 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, 1999. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. PREPARED BY AND RETURN TO: 3 THOMAS G. ECKERTY, ESQUIRE 12734 Kenwood Lane, Suite 89 Fort Myers, FL 33907 -5638 Strap No.: Recording: $ Documentary Stamps: $ 3489797 OR: 3659 PG 1042 RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, PL 10/12/2004 at 02:20PK DVIGr I. BIOCI, CLIII COILS 2184000,00 RIC 111 27,00 DOC -.70 17388.00 COPIIS 3.00 KISC 1,50 Reta: STIVIA 8 GRI&IFIII;D 7000 K PALKITTO PART RD #402 BOCA RATOR FL 33433 THIS WARRANTY DEED made this l 'aay of 0-67 ti t E Qh— 2004, by MARK L. LINDNER, Trustee under unrecorded land trust, dated January 4, 1999, with full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of the real property described herein, as provided in F. S. 689.071 whose post office address is c/o 4099 Tamiami Trail, N, Naples, Florida 34103, hereinafter called the Grantor, to PRIME HOMES AT PORTOFIA LTD., a r caiimited partnership, whose post office address is 212189'St gri aulevard, Suite 510\, B co� Raton, Florida 33433, hereinafter called the Grantee, WITNESSETH: That the yantor\,tqrr and in�c.�'p'Md�ritti Of f;he sbm of Ten Dollars ($10.00) and other valuable considerations, recel where�f is he�ret�ylaocaowtid mere y grants, bargains, sells, aliens, remises, releases, conveys and#p i [nSU fo„th nee+ 11 tha�e4aih fan , situate in Collier County, State of Florida, viz: �` *see attached Exhibit SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THIS PROPERTY IS NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GRANTOR. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby 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, 1999. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. OR; 3659 PG; 1043 Signed, aled and delivered in the presence of: Printed name: MARK L. LINDNE—RVfrustee under unrecord % land trust, dated January 4, 1999 Printed n e: zL�l STATE OF FLORIPA - COUNTY OF [_ The foregoing instrument was acknowledged before me this day of 2004, by Mark L. Lindner, Trustee, who is personally known to me, OR who produced as identification% and who did /did-Dot take an oath. _ in Expires: * ** OR: 3659 PG: 1044 * ** EXHIBIT A The South one -half (S %) of the Southeast one - quarter (SE 1/4) of the Southwest one -quarter (SW 1/4) of Section 34, Township 48 South, Range 26 East, of Collier County, Florida; less the road right -of -way for Vanderbilt Road. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006971 COLLIER COUNTY, FLORIDA, Plaintiff, vs HENRY & JAN E MOORE HOLZKAMPER, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 3230 Thomasson DR Unit:A Naples, FL SERVED: HENRY & JAN E MOORE HOLZKAMPER, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110006971 Board of County Commissioners vs. Henry and Jan E. Holzkamper, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 3230 Thomasson Drive Naples, FL Folio # 5260044005 Description: Drywall has been removed and replaced in the east building's bottom east unit (A) and the stairs on the front of the east building have been required to include but not limited to: handrails, steps and supports without first obtaining all required Collier County building permits Past Order(s): On August 25, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4732 PAGE 491, for more information. An Extension of Time was granted on February 23, 2012. See the attached Order of the Board, OR 4772 PAGE 1327, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between May 24, 2012 — June 28, 2012 (36 days) for the total of $3,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have been paid Total Amount to date: $3,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. HENRY AND JAN E. HOLZKAMPER, Respondents CESD20110006971 INSTR 4666320 OR 4772 PG 1327 RECORDED 3/8/2012 12:03 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 23, 2012, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80; it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days (May 23, 2012). 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 ,d , 2012 at Collier County, Florida. < et CODE ENFORCEMENT BOAT blaf i ''�' •COI- 'IER F - RIDY °�Ounlii of COURR By: rU 7Ty, 1 H1:REBY CERTIFY 'T � ttf Hobert a i�r Chair ;Orrect COD of a QOC!liSleNlt � � € 2800 Noah -No hoe Drive g ,�rt3 Minutes ntl' tscora3 , -Pt Coti;er C%0 1 Naples, Flarirl 4104 P�W SS riYV na 0 ano o 117! seal this tav Of : )WIGHT E. m0.'C (, CLER OF COU TS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of��t� 2012, by Robert Kaufman, Vice Chair fthe Code Enforcement Board of Collier Coun Florida, who is personally known to me or V' who has produced a Florida Driver's License as identific i n. �!' ,l•UR NOTARY PUBLIC NV 1PIM CHRISTIM1551cN # EE 142-1,30 +` EXPIRES: November 2e2iBwrfl�.s My commission expires: Thru Notary Pub1� U CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has be troy U. S. M '1 to to Henry and Jan E. Holzkamper, 12887 Valewood Drive, Naples, FL 34119 this day of 2012. M. JeaD"Aawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 INSTR 4621763 OR 4732 PG 491 RECORDED 11/1/2011 1:09 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY CONMSSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. HENRY AND JAN E. HOLZHAMPER, Respondents CESD20110006971 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 25, 2011, 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 Henry and Jan E. Holzhamper are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3230 Thomasson Drive, Naples, FL, 34112 Folio 5260044005, more particularly described as Lots 12 and 13, Jonesville Subdivision, according to the plat hereof recorded in Plat Book 4, Page 41, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)in the following particulars: Drywall has been removed and replaced in the east building's bottom east unit (A) and the stairs on the front of the east building have been repaired to include but not limited to: handrails, steps, and supports without first obtaining all required Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)be corrected in the following manner: 1. By applying for and obtaining all Collier County Building Permits or by obtaining a Demolition Permit for the removal of described structure /improvements and requesting all required inspections through certificate of occupancy /completion within 90 days (November 23, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 23, 2011, then there will be a fine of $100 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 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. -1 - /_1 " DONE AND ORDERED this ,!�` Vi/ day of � t 2011 at Collier County, Florida. CODE EIFC9ZCEMENT BOA?cD 2$00 I' orth Horseshoe Drive NaD1 Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of (( t ( j?- 2011, by Robert Kaufman, Vice -Chair of the Code Enforcement Board of Collier t.ounty, Florida, who is _personally known to me or ---who has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public - State of Florida My Comm. Expires Jun 18, 2015 Commission N EE 87272 Bonded Through National Notary Assn. r 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 Henry and Jan E. Holzlcamper, 12887 Valewood Drive, Naples, FL 34119 this ,)L' d of 12011. �J M. e. awson, sq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 stow off Florida 34013 ,'.oUniy of CLUB 63 -8206 f H EREIRY CERTIFY AT-_ > : orrect cony or a OOCUMSMt pt1 a in I-D Board Minute's aril "Reece of ter AI -ESS mv'q n a. 0 1 1 day of--,. l :WIGHT E. .%50A..J COLLIER COUNTY, FLORIDA CODY ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs HOLZKAMPER, HENRY JAN E MOORE, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110006971 BEFORE ME, the undersigned authority, personally appeared Michelle Scavone, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on August 25, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4732 PG 491 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on [5/24/2012]. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [by applying for and obtaining a Collier County Building Permit or Demolition permit for all unpermitted construction, improvements, alterations, repairs;all related inspections through a certificate of completion.] FURTHER AFFIANT SAYETH NOT. DATED this [24th] day of [May], 2012. COLLIER COUNTY, FLORIDA CODE EN1iORCE NT BOARD , wu - 'Michelle Scavone Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w to (or aff ed) and s scribed before me thi�tday of 2012 by Michelle Scavone (Signature of Notary Public) XOTfiRY PUBLrC- ST;1TF OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) Colleen ' ~��rley C0A'Mj5S:Dr i� EF,129317 Personally known `. k-Exp,ra . J',_77 .;' 07, 2014 y BONDED THRU ATLlsT. ' Z0hD § W., W9: CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110003492 COLLIER COUNTY, FLORIDA, Plaintiff, vs ROBYN M CANTARA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2169 Vardin PL Naples, FL SERVED: ROBYN M CANTARA, Respondent Danny Condomina, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idiorda Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110003492 Board of County Commissioners vs. Robyn M. Cantara , Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 2169 Vardin Place Naples, FL Folio # 78695204324 Description: Expired permit 42010070368 for pool /spa/ concrete deck, expired permit 42010070898 for adding lanai /summer kitchen and expired permit 42010081074 for tank installation with piping and to hook up pool heater and grill. Past Order(s): On June 23, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4698 PAGE 1361, for more information. An Extension of Time was granted on September 22, 2011. See the attached Order of the Board, OR 4728 PAGE 855, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 2 & 4 Fines at a rate of $150.00 per day for the period between December 22, 2011 — June 28, 2012 (190 days) for the total of $28,500.00. Fines continue to accrue. Order Item # 7 Operational Costs of $81.15 have been paid Total Amount to date: $28,500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROBYN M. CANTARA, Respondent CESD20110003492 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on September 22, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 90 days (December 21, 2011). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L ' day of "��— , 2011 at Collier County, Florida. INSTR 4617031 OR 4728 PG 855 RECORDED 10/18/2011 9:57 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: � Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this , k day of 2011, by Kenneth Kelly, 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. i KRISTINE TWENTE �� - �-�, r�C "I t E -- .� Notary Public State of Florida NOTARY PUBLIC E My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 OF F Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robyn M. Cantara, 124 Stratford Avenue, Statford, N.J. 08084 -1412 this U i'�day of -,r. , 2011. M. Jean Uwson, Esq. Florid ar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 ego ¢¢. r. � �r.v is is a e ant 6 -:iier County - rf� 1 631 this t+�. ieI.S CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. ROBYN M. CANTARA, Respondent CESD20110003492 INSTR 4582318 OR 4698 PG 1361 RECORDED 7/6/2011 9:16 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 23, 2011, 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 Robyn M. Cantara is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons 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 2169 Vardin Place, Naples, Florida 34120, Folio 78695204324, more particularly described as Lot 57, of VALENCIA GOLF AND COUNTRY CLUB — PHASE IA, according to the plat thereof recorded in Plat Book 42, Pages 36 -41, inclusive, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Expired permit #2010070368 for pool/spa/concrete deck, expired permit #2010070898 for adding lanai/summer kitchen and expired permit 42010081074 for tank installation with piping and to hook up pool heater and grill. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) be corrected in the following manner: 1. By installing a temporary barrier around the pool/spa within 7 days (June 30, 2011). 2. By obtaining all required Collier County Building Permits or by obtaining a demolition permit and removing all unpermitted alterations /additions through all required inspections through certificate of occupancy /completion within 60 days (August 22, 2011). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by June 30, 2011, then there will be a fine of $150.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 22, 2011, then there will be a fine of $150.00 per day for each day until the violation is abated. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 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 _a�n Appeal shall not stay the Board's Order. DONE AND ORDERED this / day of 2011 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -� ) day of 2011, by Robert Kaufman, Vice -Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or has produced a Florida Driver's License as identification. ��t�0.Y p(JBi K RIS TINE TWENTE Notary Public - State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 My commission expires: 9, Po; Commission # EE 87272 Rnnrlar+ Thmuoh National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robyn M. Cantara, 124 Stratford Avenue, Statford, N.J. 08084 -1412 this -;�j�ay of � 2 2011. +Gunty of COLU M. Je awson, Esq. Florida Bar No. 750311 I HEREBY CERTIF TH�t'6 41 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 .urrect COPY �> YSbCUt>iG 3 .A minute std On* (239) 263 -8206 _r-sS my i�antXAk1R ,VM" 1 di Kaay of IG E. DROr- XLEM BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20110003492 Robyn M. Cantara Respondent(s), STIPULATION /AGREEMENT 2,_c.6v \ 1A COMES NOW, the undersigned, h��Y on behalf of 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 CESD20110003492 dated the March 18, 2011. 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 ; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ i .i 5incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining Collier County Building Permit(s) or a Collier County Demolition Permit, request all related inspections, through the issuance of a Certificate of Occupancy /Completion for improvments within �0 days of this hearing or a fine of $ t 50,` `' . per day will be imposed for each day the violation remains. ��c( k'r,S +cklt 4fm�.t`�ar� bav-ri er ctrCUiltj Pool1srcl- t ,c4��tit't ''S 6ct.,(5 C� �1'ti5 1t2(w.'t t(; C., Ct 4:- kA z_ C � 415G' c r`(dccY ,. tl b� ,� CSCC4 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and"rquest`«��c�n the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respond nt or Representative (sign) 'Diane Flagg, Director Code Enforcement Department Respond nt or Representative (print) G - �_Q3 - // Date Date REV 1/12/10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Robyn M. Cantara, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110003492 BEFORE ME, the undersigned authority, personally appeared Janis Potter, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 23, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abated all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4698 PG 1361. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on December 27, 2011. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: no Certificate of Occupany /Completion obtained or Demolition Permit obtained. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of January, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD . . I -L - PC " kr Janis Potter Codq/Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (or affirm and subscri kd before me this 3sIday o- V,UI 2012 by Janis Potter re of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) NOTARypUBLIC -STATE OFFLORIDA Ccllen Crawley Personally known _ Cerinission # EE129317 Expires. JUNE 07, 2014 zma) Tnu ATLwric goNDING CO., INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. CANTARA, ROBYN M, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110003492 BEFORE ME, the undersigned authority, personally appeared Danny Condomina, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 23, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4698 PG 1361 , et. seq. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on May 8, 2012. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by installing a permanent pool barrier/ enclosure, obtaining all required Collier County Building permits, and requesting all required inspections through certificate of completion for alterations/ additions. FURTHER AFFIANT SAYETH NOT. DATED this 9th day of May, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD —75—annyCondomin�., Code Enforc -ent Official STATE OF FLORIDA COUNTY OF COLLIER S rn to (or affin d) and subs ibed before me this day of 2012 by Danny Condomina V (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) NOTARY PUBLIGSTATF, OF FLORIDA °• Cc�lieen Crawley Personally known : Commission # EE129317 > =.= TLS E 07, 2014 BONDBO THR ATLANTC li ^•';Ui `, CO., INC. COLLIER COUNTY CODE ENFORCEMENT BOARD -- IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110003492 Board of County Commissioners vs. Robyn M. Cantara , Respondent(s) Violation(s): The Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) Location: 2169 Vardin Place Naples, FL Folio # 78695204324 Description: Expired permit #2010070368 for pool/spa/ concrete deck, expired permit #2010070898 for adding lanai/summer kitchen and expired permit #2010081074 for tank installation with piping and to hook up pool heater and grill. Past Order(s): On June 23, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4698 PAGE 1361, for more information. An Extension of Time was granted on September 22, 2011. See the attached Order of the Board, OR 4728 PAGE 855, for more information. The property is in compliance with the Code Enforcement Board Orders as of May 8, 2012. The Fines and Costs to date are described as the following: Order Item#2 & 4 Fines at a rate of$150.00 per day for the period between December 22, 2011 —May 8, 2012 (139 days) for the total of$20,850.00. Order Item # 7 Operational Costs of$81.15 have been paid Total Amount to date: $20,850.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100008859 COLLIER COUNTY, FLORIDA, Plaintiff, vs JAMES A & JULIA M ASKEY, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(13)(1)(a) LOCATION OF VIOLATION: 7920 Friendship LN Naples, FL SERVED: JAMES A & JULIA M ASKEY, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera condudda an el idioma Ingles. Servidos the traduccion no seran disponibles en la audienda y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las comunicadones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100008859 Board of County Commissioners vs. James A. and Julia M. Askey, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 7920 Friendship Lane Naples, FL Folio # 101040008 Description: Mobile home on the property without Collier County permits Past Order(s): On February 24, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4656 PAGE 2321, for more information. An Extension of Time was granted on August 25, 2011. See the attached Order of the Board, OR 4718 PAGE 1667, for more information. An additional Extension of Time was granted on March 22, 2012. See the attached Order of the Board, OR 4784 PAGE 1815, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between May 22, 2012 — June 28, 2012 (38 days) for the total of $7,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have been paid Total Amount to date: $7,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES A. AND JULIA M. ASKEY, Respondents INSTR 4679364 OR 4784 PG 1815 RECORDED 4/11/2012 3:51 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CESD20100008859 ORDER ON MOTION FOR EXTENSION OF THAE THIS CAUSE came on for public hearing before the Board on March 22, 2012, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 60 days (May 21, 2012). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this (J day day ofr� O_ �, 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C O ;BY: i touniyr of COLUER Kenneth Kelly, Chair 2800 North Horseshoe Drive i HEREBY CERTIFY THAT this LS 0 IM Naples, Florida 34104 ,orrect CODy or a apcument'dr±.f64e in Board Minutes r.d .Recs roj of dbe1ier Courft My SS `a, i fi M se21i this clay of V'Y' rV {C T E. BRGt, CLERi('`tlf COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of L ;� 2012; by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is / personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public -State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 1,1 ° ° �' Bonded Through National Notary Assn. ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mai to James A. and Julia M. Askey, 7920 Friendship Lane, Naples, Florida 34120 this ��"day of ��{j_ 2012. M. `JeairRawson, Esc}. Florida Bar No. 750311 Attorney for the Code Enforcement Board 700 Eleventh Street S., Ste. 102 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES A. AND JULIA M. ASKEY, Respondents CESD20100008859 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on August 25, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days (February 21, 2012). 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 �� •1 day of 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Ke y, Chair SCaTr a, F U kWA 2800 North Horseshoe Drive A —Ey of COLLIER Naples, Florida 34104 i H ERE.YrGERT s *me and ;orrec* Cq ? tfaCrJm F>t Yi) # is_ rf 3C• - -'I Pv irt�7 Sapp iCarr , '6f -,0c J er Goott `,r� sS :rmnV this .ERi BHT. E GK G O CID _ INSTR 4605810 OR 4718 PG 1667 RECORDED 9/13/2011 11:01 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �Iti The foregoing instrument was acknowledged before me this ,�"I day of l 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is f personally known to me or who has produced a Florida Driver's License as identification. RY P� KRISTINE TWENTE ,P Bpi, ;o, �I,% Notary Public - State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 Commission # EE 87272 My commission expires: °;�,oa , Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.. Mail to James A. and Julia M. Askey, 7920 Friendship Lane, Naples, Florida 34120 this `�—' day of( ` , 2011. M. Jean Rq*,son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JAMES A. AND JULIA M. ASKEY, Respondents CESD20100008859 INSTR 4531287 OR 4656 PG 2321 RECORDED 3/2/2011 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 24, 2011, 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 James A. and Julia M. Askey are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, did not appear at the public hearing, but 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 7920 Friendship Lane, Naples, Florida 34120, Folio 101040008, more particularly described as All of Tract 25 of an unrecorded subdivision being more particularly described as follows: The West % of the Southwest 1/4 of the Northwest' /4 of the Northeast' /4 of Section 24, Township 47 South, Range 27 East, less the North 30 feet thereof and less the West 30 feet thereof as reserved for road right -of -way, Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) in the following particulars: Mobile home on the property without Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By applying for and obtaining a building permit for the mobile home or by obtaining a demolition permit for removal, and requesting all required inspections through certificate of completion/occupancy within 60 days (April 25, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 25, 2011, then there will be a fine of $200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 �=� ^ " 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN A BY:—" i Ke ethiXelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) d- ay foregoing instrument was acknowledged before me this -� �s day of 2011, by,Kenneth Kelly, 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. <aa °' Cs •,, KRISTINE H04TQN 6, NOTARY PUBLIC x: *- MY COMMISSION u DD 666595 My commission expires: EXPIRES: June 16, 2011 '�•f of F� ° Bonded Thru Notary Public underwriters .> - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U. S. Mail to James A. and Julia M. Askey, 7920 Friendship Lane, Naples, Florida 34120 this)flay of. 5 2011. ,-7 M. Jean 13av6on, Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 Stark 0; FWUA (239) 263 -8206 10"(1ty of Cowl HEREBY CERT F1! .T ' '#till iA $ .orrect cta ©y pi a "4acue $nt, as e 1p 30a- 4 Minut .and Aftw4s 4i; SS MV n a and ffic; tt_ tI .: cl# tit 1�fJJ C.LER - 7,GHTt BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20100008859 James A. & Julia M. Askey Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Tisha Paskanik, on behalf of herself 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 CESD20100008859 dated the 26th day of, 2010. 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 ; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier.County Building Permit or Demolition Permit for the mobile home, request all required inspections and obtain a Certificate of Completion for the structure within 60 days of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of apatem� all a asses to the property owner. Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department sL—,-,-n � Res ondent or Representative (print) Date 2 �22 Date G REV 1/12/10 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES A. AND JULIA M. ASKEY, Respondents CESD20100008859 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on August 25, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days (February 21, 2012). 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 2011 at Collier County, Florida. (� CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth I e y, Chair Surf; al FLT ;k WA 2800 North Horseshoe Drive ',Aunty of COLLIER Naples, Florida 34104 i H ERER 6E.RT, VY 114A -Ahis is a ;:tee and ;�rrecz .coRY � .s- tfac�>l �l #�te_1r► o fJ ; u said cacxi oll Go er Coont� #r 5 rqv: eel" this INSTR 4605810 OR 4718 PG 1667 RECORDED 9/13/2011 11:01 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA �- REC $18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) --n- The foregoing instrument was acknowledged before me this day of i ,� 2011, by Kenneth Kelly, 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. P;,, KRISTINE TWENTE *-11y Ue` Notary Public - State of Florida ,r�. ; •; My comm. Expires Jun 18, 2015 zs, 'V commission # EE 87272 -Ili OF; Bonded Through National Notary Assn. 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 James A. and Julia M. Askey, 7920 Friendship Lane, Naples, Florida 34120 this T i, day ofC_ j .2011. M. Jean Rq)yion, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100008859 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ASKEY,JAMES A&JULIA M,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Eric Short, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 01, 2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4656 PG 2321 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 25,2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondent failed to apply for and obtain a demolition permit and requesting all required inspections through certificate of completion/occupancy within the specified time. FURTHER AFFIANT SAYETH NOT. o2�4r /krC DATED this [] day of[], 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER wo to(or affin e )and subs ribed before me this(03 day ofJLAN.,J ,2012 by Eric Short (Signature of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Colleen. Crawley (Print/Type/Stamp Commissioned ame of Notary Public) 'Commission# EE129317 Expires: JUNE 07,2014 Personally known BONDER)TEM ATLANTIC:BO5DOOO CO.r c VIEP ,4.---rrJ1 . co L t _c-t-. NJ A- YitE c,4--c- -O ri Feek--r coo to ' -� rJLt: 12 7vtL- &r I ‘i C4PAC -(r4-7 ?� a Oars s 5 rvCK. Cc) 1 d 5 774- �t 14-Aid tA/116 y 4t cam-. ,?&6c6--r-z / s c,y_fi a F U/r C� &` /) 7t-e) c4 c F t P o [..& . ./°4/ �¢ ;v �� rFfts o - / d d - yav2 Pig- "ic->fce- / 74 s '7 9 z- c-12-/ s��/P C�9�✓ cfc l r ` - o T 713 ( nlp-Uv - / sr+d lei ,-,) (27)e_6,—) f U r w0411-- !� (74--q c �W r . d C " " " TT4 "if-4 A41 yW -cV C raft/ /A//, CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100003911 COLLIER COUNTY, FLORIDA, Plaintiff, M9 ELIAS NICOT, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 11/18/2011 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 670 20th ST NE Naples, FL SERVED: ELIAS NICOT, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFIOACION: Este audiencia sera conducids en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las oomunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100003911 Board of County Commissioners vs. Elias Nicot , Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 670 20th Street N.E. Naples, FL Folio # 39329240004 Description: Expired/ cancelled building permit 970019848 for CBS single family residence Past Order(s): On November 18, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4744 PAGE 1112, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of 5150.00 per day for the period between May 16, 2012 — June 28, 2012 (44 days) for the total of $6,600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have been paid Total Amount to date: $6,600.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ELIAS NICOT, Respondent CES D20 1 00003 9 1 1 INSTR 4635244 OR 4744 PG 1112 RECORDED 12/8/2011 3:29 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2011, 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 Elias Nicot 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 670 20`h Street N.E., Naples, FL, Folio 39329240004, more particularly described as the North 75 feet of Tract 86, GOLDEN GATE ESTATES, Unit No. 50, according to the plat thereof, as recorded in the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) in the following particulars: Expired /cancelled Building Permit 970019848 for CBS single family residence. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 180 days (May 15, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 15, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of I . , 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY:- Kennet air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA )SS: COUNTY OF COLLIER) J The foregoing instrument was acknowledged before me this, day of 2011, by Kenneth Kelly, 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. 'pV ............ KRISTINE TWENTE NOTARY PUBLIC `; Notary Public - State of Florida My commission expires: My Comm. Expires Jun 18, 2015 %9rF ,aa= Commission # EE 87272 CERTIFICATE OF SERVICE rhfouO National Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Elias Nicot, 19330 N.W. 48`� Court, Miami Gardens, FL 33055 this_. �Eiay of G�tlu��— , 2011. M. Jean awson, Esq. Florida`Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263 -8206 'carlLy co COLLIER cR.Er'- CERTIFY THAT this s 8 * �tR� 311 �., � a cocurrient on file in = ., r� i'i53Fi3 f; ESI pCDF S of C Pier C01316 : �fiacl! sat this 2 cv 0 aQc OF COLIM Y P ii „ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. I Case No. CESD20100003911 Elias Nicot Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, E i+�is oVicot , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20100003911 dated the 23rd day of August, 2011. 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 i 1 145 01 ; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 3D . V o incurred in the prosecution of this case within 30 days of this Hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition permit, inspections, and Certificate of Completion /Occupancy within f '9O days of this Hearing or a fine of $ i Ia c per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. eq4l��, OL -�&l Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date l 1 I it Date I REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCIE:t\1 ENT BOARD CEB CASE NO.CESD20100003911 n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. NICOT,ELIAS,Defendant(s) AFFIDAVIT OF NON-COM PLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Fairick 13aldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who alter being bully sworn, deposes and says: 1. That on November 18, 2011, the Code Enforcement Board held a hearing and issued an Order in the a •ovc-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 19th, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permits have not been coed or applied for. FURTHER AFFIANT SAYETH NOT. DATED this2Oth day of June,2012. COLLIER COUNTY, FLORIDA C - - 'N"l:Ql,CEO\4ENT BOARD L C Pau'J Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swpkn to(or atfirtt )and subscribed before me this 20th day of June ,2012 by Patrick Baldwin (Sign:uur:,,i..',)t;u'v Public) �>`' Is NOTARY PUBLIC-5TA',i'F.OF FLORIDA (Print/T\;,e:Stamp Commissioned Name of Notary Public) .", s .; C'c e en Crawley ,; 'C ,:. ssion #EE129317 •`Expires: JUNE 07,2014 Personally known 4 BONDBDTIIRU ATLANTIC BONDING CO.,INC. • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110004532 COLLIER COUNTY, FLORIDA, Plaintiff, vs JUDSON G WHITE, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3330 31 st AVE SW Naples, FL SERVED: JUDSON G WHITE, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an el 1dioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110004532 Board of County Commissioners vs. Judson G. White, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 3330 31St Avenue S.W. Naples, FL Folio # 38055840009 Description: The original pool permit was cancelled and a new permit was obtained for the pool, however, the new permit has stalled without completing all required inspections and obtaining a Certificate of Completion/Occupancy. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1307, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between May 24, 2012 — June 28, 2012 (36 days) for the total of $5,400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $81.15 have been paid Total Amount to date: $5,400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JUDSON G. WHITE, Respondent CESD20110004532 INSTR 4666312 OR 4772 PG 1307 RECORDED 3/8/2012 12:03 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23, 2012, 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 Judson G. White 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 3330 3151 Avenue S.W., Naples, FL 34117, Folio 38055840009, more particularly described as the West 150 feet of Tract No. 166, GOLDEN GATE ESTATES, UNIT NO. 28, according to the map or plat thereof, as recorded in Plat Book 7, Pages 19 and 20 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a)in the following particulars: The original pool permit was cancelled and a new permit was obtained for the pool, however, the new permit has stalled without completing all required inspections and obtaining a Certificate of Comp letion /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 ORDERED: That the violations of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (May 23, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this C� day of \ ✓ 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CSJ -Y, FLORIDA BY: 2800 North Itus-6rive Naples, Florid 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this�� day of �✓ '� C ti`L f 2012, by Robert Kaufman, Vice Chair of tine Code Enforcement Board of Collier County, Florida, who is personally known to me or ✓ who has produced a Florida Driver's License as identification. W ^v CHRISTINA L URBANOWSKI + MY COMMI661C'N 1i EE 142130 NOTARY PUBLIC EXPIRES: November 22, 2015 M commission ex fires: , 6onna� thin Notary Publw un�irwrt►are Y p CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of his ORDER has been sent by U. S. Mail to Judson G. White, 3330 315` Avenue S.W., Naples, FL 34117 this � day of ✓1,L- - 2012. . Jean Rawson, Esq. art: f` rr�E}�► [orida Ba`r No. 750311 unty of cod LIER 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 I HEREBY C. `R`Tlh"'1°' HAT, Wig W 8 � (239) 263 -8206 °sJl.rt3c� cdqY DoT a aacumen (M file in Gourd Minutes and R$coras . of cot,lier Caal1r 1 v F rrxv ttvw GHT L i3 O,C.�C► GL Of COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Judson G. White Petitioner, Respondent(s), COMES NOW, the undersigned, representative for Respondent and resolution of Notices of Violation December, 2011. Case No. CESD20110004532 STIPULATION /AGREEMENT _J�-d scj,i Wk %k , on behalf of himself or enters into this Stipulation and Agreement with Collier County as in reference (case) number CESD20110004532 dated the Stn as to the day of In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 23rd 2012; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within 90 days of this Hearing or a fine of $150,00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab@_t ent shall be assessed to the property owner. AlCam' Re`` ondent or Represents ive (sign) �° Eiane Flagg, Director / Code Enforcement Department Respondent or Representative (print) Date Date REV 1/4/12 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. WHITE, JUDSON G, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110004532 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all required permits for the pool, all inspections and a Certificate of completion /occupancy as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4772 PG 1307 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on May 24, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No permits for the pool have been obtained. FURTHER AFFIANT SAYETH NOT DATED this 5th day of June, 2012. COLLIER_COUNTY, FLORIDA CODE ENFORCEMENTrBOAID Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this �'day o� L.�,(V� 2012 by Christopher Ambach (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA r', : Fir, :^ra.wley Personally known ' n .; r, E1119317 `Expa;w: dtTNr107, 2014 BONDF70 THRU ATLANTIC BO \'DING CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090010573 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EDGAR PEREZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3445 56th AVE NE SERVED: EDGAR PEREZ, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20090010573 Board of County Commissioners vs. Edgar Perez, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 Location: 344556 1h Avenue N.E. Naples, FL Folio # 38664320004 Description: No Collier County Building permits were obtained for electrical and plumbing modification to the main structure and fence, invalid building permit for horse barn without issuance of a Certificate of Completion. Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 110, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the followine: Order Item 9 1 & 2 Fines at a rate of $250.00 per day for the period between May 27, 2012 — June 28, 2012 (33 days) for the total of $8,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have not been paid Total Amount to date: $8,330.57 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. EDGAR PEREZ, Respondent CASE NO.: CESD20090010573 INSTR 4691263 OR 4795 PG 110 RECORDED 5/9/2012 10:02 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26, 2012, 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 Edgar 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, failed to appear 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 3445 56`h Avenue N.E., Naples, Florida 34120, Folio 38664320004, more particularly described as the East 165 feet of Tract No. 49, GOLDEN GATE ESTATES, Unit 39 according to the Plat thereof, recorded in Plat Book 7, Page 24, of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: No Collier County Building Permits were obtained for electrical and plumbing modification to the main structure and fence; invalid building permit for horse barn without issuance of a Certificate of Completion. 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 Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Section I O.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or a Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (May 26, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 26, 2012, then there will be a fine of $250 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 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 'yt day of "1i,, , 2012 at Collier County, Florida. D CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA M STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 2800 N Naples; 104 r Drive i The foregoing instrument was acknowledged before me this t� day of 2012, by Robert Kaufman, 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. To- . arP... KRISTINE TWENTE �: Notary Public - State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 My commission expires: °P� Commission # EE 87272 Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of t his ORDER has been sent by U. S. Mail to Edgar Perez, 3445 56`t' Avenue N.E., Naples, Florida 34120 this 'day of 2012. M. Jean Rawson, Esq. Florida -Bar No. 750311 Attorney for the Code Enforcement Board Wyss, ,nby 681 Goodlette Road N., Ste. 210 ;4unty at COLUO' Naples, Florida 34102 (239) 263 -8206 HEREBY CERTIFY THAT Un is a 'OW 40* ,orrect copy of 8 aOcumemt OD NO !A 9oard Minutes anti Racoras of COWW' NITIN 'SS rnv hantt mo offsist fiall to... ;WW1 BflOt:�t, CLER�kAF ec , . mow COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. PEREZ, EDGARPEREZ, EDGAR, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20090010573 BEFORE ME, the undersigned authority, personally appeared Eric Short, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 25, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate the violations and pay operational cost as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4795 PG 110 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 31, 2012, 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with all of the conditions. FURTHER AFFIANT SAYETH NOT. DATED this 31 st day of May, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ' day of (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � 2012 by Eric Short NOTARY Pl_BLIC.51'1V1 E 11F 110PUDA Kin,b riy 11rallde,s Comrl;s_.on `I)D926130 �xp'.res: °1 :;P, 17 2013 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEAU20110013571 COLLIER COUNTY, FLORIDA, Plaintiff, vs JEFF J & JOAN R REEDER, Respondent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Fence -Building Permit FBC105.1[B] LOCATION OF VIOLATION: 2321 10th AVE SE SERVED: JEFF J & JOAN R REEDER, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencla sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AvAtisman — Tout odisyon yo fat an angl2. Nou pan gin moun you fb tradiksyon. Si ou pa pall anglA tanpn vini avAk yon intepr0t you paI6 you -ou. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEAU20110013571 Board of County Commissioners vs. Jeff J. and Joan R. Reeder, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Florida Building, 2007 Edition, Chapter 1, Permits, Section 105.1 Location: 2321 10th Avenue S.E. Naples, FL Folio # 39393520006 Description: Multiple shed type structure and a fence constructed without Collier County Building permits. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact. Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1312, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between May 24, 2012 — June 28, 2012 (36 days) for the total of 55,400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have been paid Total Amount to date: $5,400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JEFF J. REEDER AND JOAN R. REEDER, Respondents CEAU20110013571 INSTR 4666314 OR 4772 PG 1312 RECORDED 3/8/2012 12:03 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23, 2012, 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 Jeff J. Reeder and Joan R. Reeder 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 2321 10"' Avenue S.E., Naples, FL, FL, Folio 39393520006, more particularly described as the East 75 feet of the West 150 feet of Tract 143, GOLDEN GATE ESTATES, UNIT NO. 51, according to the map or plat thereof, as recorded in Plat Book 5, Pages 84 and 85 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 in the following particulars: Multiple shed type structure and a fence constructed without 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (May 23, 2012) 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 23, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order, DONE AND ORDERED this day of -`_� , 2012 at Collier County, Florida. CODE ENFORCEMENT B kra RobeffKaufinan`, Vice Chair 2800 No� jII- o/rse4hoe Drive Naples, 51 rid-S34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi u day of 2012, by Robert Kaufman, Vice Chair of the Code Enforcement Board of Collier County, Florida, who personally known to me or who has produced a Florida Driver's License as identif %-ii—on aY CHRISTINA L URBMWSKI NOTARY PUBLIC \ S•.. $•. MY COMMISSION # EE 142130 My commission expires: VPIHGS: November 22, 2015 Ndnd§d 7hru Notary PuWb Underwritere CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been pent b U. S. Mail to Jeff J. and Joan R. Reeder, 2321 10'j' Avenue. S.E., Naples, FL 34117 thi !t�layo of 2012. M. Jean t tawson, Esq. Florida Bar No. 750311 ya�H� w��75 North Tamiami Trail, Ste. 208 { " ` `� F' a {,.i ples, Florida 34013 :,runty of CO (239) 263 -8206 1 H EREBY CERTIFY THATIhig 18 MA 040 Board i4inutr s and ecotm of C W18r CWIrtlEy 3: MV t1Q iA., I%i�Is aay of SIGHT E. BiROGX, CLERK OF COURTS Ry"t 7 , - 4,M "�, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Jeff J. & Joan R. Reeder Respondent(s), Case No. CEAU20110013571 STIPULATION /AGREEMENT z S a"8A zc5av1 Q- COMES NOW, the undersigned, 2e a4_-s' , on behalf of himself or \-\rx- ew15,-Ajt5as 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 CEAU20.110013571 dated the 29th day of September, 2011. 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 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) ' Pay operational costs in the amount of $ ' incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections and Certificate of Completion /Occupancy within 170 days of this Hearing or a fine of $ r60 . °G per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all pes of abatement shall be assessed to the property owner: -/ t, Respondent or Representative:,(si 4�t' Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 1/4/12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEAU20110013571 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. REEDER,JEFF J&JOAN R,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain permits for said structures and fence as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on June 20th, 2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permits have not been applied for and obtained. FURTHER AFFIANT SAYETH NOT. DATED this 20th day of June,2012. COLLIER COUNTY, FLORIDA COL)F INFORCEMENT BOARD Patric;; Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF CO1.1.11?R j Svfo i to(or affirmed +and subscribed before me this 20th day of June ,2012 by Patrick Baldwin LI `(Sign:nuN( I.N ;uny I ubtic) t NOTARY PUBLIC•STATE OF FLORIDA Callee.n Crawley (Print/Typc'Stuni j Commissioned N:unc or N ol;iry Public) =``'.6 Con:mission#EE129317 Expires: ..;;NE 07,2014 Personally known BONDED TfRU ATI.A.e•°;..SONDENG 00.,INc. CCP[1] • Dept Case # CEAU20110013571 Jeff J . & Joan R. Reeder • To Collier County Board of County Commissioner's I would like to petion for a (6) month extention, due to financial difficulties . The cost of plans and permiting is a large sum • compared to our income at this time.we .have searched for many different ways to comply . At this time it all boias down to not enough money to pay for the services needed. (6) months would give us enough time to pay for the plans/permiting. .ect. to bring us into compliance • with county's codes. Thank you for your time. we hope to resolve this as soon as possible. Jeff J Reeder _.r.",s._•ols.: • Joan R Reeder /Mine ,1 /IP Date f g6I/ 2 • Page 1 • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110005690 Board of County Commissioners vs. Luis Arteaga & Ruby Osorio, Respondent(s) Violation(s): The Collier County Land Development Code, 04-41 as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 775 6`" Street S.E. Naples, FL Folio # 37227400003 Description: Observed a shed on the south side of the property, a carport/shed- like structure in center of property and a shed type structure housing chickens on the north side of the property all built without Collier County Building permits Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1320, for more information. The property is in compliance with the Code Enforcement Board Orders as of June 27, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of$150.00 per day for the period between May 24, 2012 —June 27, 2012 (35 days) for the total of$5,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of$80.29 have been paid Total Amount to date: $5,250.00 The County recommends full abatement of fines as the violation is abated and operational costs paid. • CcP[1] • Dept Case # CEAU20110013571 • Jeff J . & Joan R. Reeder • To Collier County Board of County Commissioner's I would like to petion for a (6) month extention, due to financial difficulties. The cost of plans and permiting is a large sum • compared to our income at this time.we .have searched for many different ways to - comply . At this time it all boils down to not enough money to pay for the services needed. (6) months would give us enough time to pay for the plans/permiting . .ect. to bring us into compliance with county's codes. Thank you for your time. we hope to resolve this as soon as possible. • Jeff J Reeder .r./w;� I ` • • yJoan R Reeder /Ll /r/ �/, Date . /a6 /,0 : • Th 74s .72,6/4 frn • • • • • Pa,e • • • • • • COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20100019476 Board of County Commissioners, Collier County, Florida Vs. Erick Dorestil and Elvita Pierre Violation of 2010 Florida Building Code, Chapter 4, Section 424.2.17. Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231 (15). Danny Condomina, Code Enforcement Official Department Case No. CEPM20100019476 DESCRIPTION OF VIOLATION: No protective barrier securing swimming pool. Swimming pool permit expired without obtaining a Certificate of Completion RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$81.72 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120000335 COLLIER COUNTY, FLORIDA, Plaintiff, vs ARNOLDO & DAISY DE LA CRUZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3770 47th AVE NE SERVED: ARNOLDO & DAISY DE LA CRUZ, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles en la audience y usted sera responsable de proveer su propio traductor, pare un major entendimiento con as comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120000335 Board of County Commissioners vs. Arnoldo & Daisy De La Cruz, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) Location: 377047 th Avenue N.E. Naples, FL Folio #39784640003 Description: A garage enclosure, shed, elevated deck and fence without valid Collier County building permits. Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 316, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $250.00 per day for the period between May 27, 2012 — June 28, 2012 (33 days) for the total of $8,250.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have not been paid Total Amount to date: $8,330.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ARNOLDO AND DAISY DE LA CRUZ, Respondents CASE NO.: CESD20120000335 FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26, 2012, 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 Arnoldo and Daisy DeLa Cruz are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3770 47`i' Avenue N.E., Naples, Florida 34120, Folio 39784640003, more particularly described as the East 75 feet of the West 150 feet of Tract 111, Unit 62, GOLDEN GATE ESTATES, according to the plat thereof recorded in Plat Book 5, Page 87, of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section I 0.02.06(B)(1)(a) in the following particulars: A garage enclosure, shed, elevated deck and fence without valid Collier County building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section I 0.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (May 26, 2012). 2. That if the Respondents do not comply with paragraph I of the Order of the Board by May 26, 2012, then there will be a fine of $250 per day for each day until the violation is abated. INSTR 4691326 OR 4795 PG 316 RECORDED 5/9/2012 11:20 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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 %`S day of / /Ct4�— , 2012 at Collier County, Florida. J CODE ENFORCEMENT BOARD COLL- I-ER3:Q-UNT> , FLORIDA 2500 Npr h Horseshoe Drive NaplesJP]brifli-34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this / day of /�'1C'j 2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier Count' , Florida, who is a has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public - State of Florida j, My Comm. Expires Jun 18, 201 TARY PUBLIC Commission # EE 87272 Bonded Through National Notary Assn. y 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 Arnoldo and Daisy DeLaCruz, 3770 47th Avenue N.E., Naples, Florida 34120 this I S day of 11, ; ; , 2012. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 ss>�; v. v ai11UA Naples, Florida 34102 ; ounty of COLU R (239) 263 -8206 I HEREBY CERTIFY TMAT fts 16 a Oft 411A :arrect cony of a oocumeon as Me ;� Board Minute and Redaras Of frontlet N S m,► It tt *no o fi8W! sit tltit � y -0 f .. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY CONMSSIONERS, Petitioner vs. DE LA CRUZ, ARNOLDO & DAISY, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120000335 BEFORE ME, the undersigned authority, personally appeared Eric Short, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate the violations and pay operational cost as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4795 PG 316 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 31,2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with all of the conditions: FURTHER AFFIANT SAYETH NOT. DATED this 31 st day of May, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ��. (r� 1�7� W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER �r C Sworn to (or affirmed) and subscribed before me this ` f day of (Signature of Notary Public) (Print /Type /Stamp Commissioned Name of Notary Public) Personally known ti� 2012 by Eric Short NOTARY PCBLiC- Si.''.? , CF FLORIDA Brandes #' DD926130 Expires. SER 17, 2013 BONDED 13° T \-TIC BONN NG CO., INC CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110005690 COLLIER COUNTY, FLORIDA, Plaintiff, M LUIS ARTEAGA & RUBY OSORIO, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 775 6th ST SE Naples, FL SERVED: LUIS ARTEAGA & RUBY OSORIO, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20110005690 Board of County Commissioners vs. Luis Arteaga & Ruby Osorio, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 7756 1h Street S.E. Naples, FL Folio # 37227400003 Description: Observed a shed on the south side of the property, a carport/shed- like structure in center of property and a shed type structure housing chickens on the north side of the property all built without Collier County Building permits Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1320, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between May 24, 2012 — June 28, 2012 (36 days) for the total of $5,400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have been paid Total Amount to date: $5,400.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. LUIS ARTEAGA AND RUBY OSORIO, Respondents CESD20110005690 INSTR 4666317 OR 4772 PG 1320 RECORDED 3/8/2012 12:03 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23, 2012, 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 Luis Arteaga and Ruby Osorio are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, did not appear at the public hearing but entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 775 6t' Street S.E., Naples, FL, Folio 37227400003, more particularly described as the North 165 feet of Tract 106, GOLDEN GATE ESTATES, UNIT NO. 13, according to the map or plat thereof, as recorded in Plat Book 7, Pages 71 and 72 of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Observed a shed on the south side of the property, a carport/shed -like structure in center of property and a shed -type structure housing chickens on the north side of the property all built without 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 90 days (May 23, 2012) 2. That if'the Respondents do not comply with paragraph 1 of the Order of the Board by May 23, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 2012 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD The foregoing instrument was acknowledged before me this day ofr� - 2012, by Robert Kaufman, Vice Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's Licensse� as identi ion. CHRISTINA L URBWWSKI - = ' = MY COMMISSION # EE 142130 NOTARY PUBLIC *= 3.: io BXPIRES: November 22, 2015 gdt�dsdrn ruNoteiY P�WicUndenvrMers My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this 05 Rh_as bent , by U. S. Mail to Luis Arteaga and Ruby Osorio, 775 6`h Street S.E., Naples, FL 34117 thi day of *— 2012. t)/k� M. Jean Dawson, Esq. ;:a�unig/ O i i.�a �r �tida Bar No. 750311 375 North Tamiami Trail, Ste. 208 6 HEREBY C'R't1Fy -T AT IMs Is a Naples, Florida 34013 7o1'rect °copyor a >�vctsmerrt oA i7� �!7 (239) 263 -8206 -3c8r . l shllt€as end Recoras Of GoIvver Cwn* Sa my a a tc:i e4i We 7`111GHT E, .G-K, CLERK OF COUP BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Luis Arteaga and Ruby Osorio Respondent(s), STIPULATION /AGREEMENT c3D . Zq Case No. CESD20110005690 Lu is &r-k COMES NOW, the undersigned, , s talon behalf of himself 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 CESD20110005690 dated the 29th day of April, 2011 . 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 2� -?-o o 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $90 o incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within 9 G' days of the Hearing or a fine of $ t� ° ` per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be essed to the property owner. Respondent or Representative (sign) A` Diane Flagg, Director 1 Code Enforcement Department 5 .Resporooht or Representative (print) Date V, Cyx�,94� Date REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. ARTEAGA, LUIS RUBY OSORIO, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110005690 BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did contact the investigator. 3. That are-inspection was performed on May 31st, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: permit has not been COED. FURTHER AFFIANT SAYETH NOT. DATED this 1 st day of [June, 2012. COLLIER COUNTY, FLORIDA �. ENFORCEMENT BOARD �-- Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinned) and subscribed before me this 1st day of (Signature of Notary Pu bTic)i (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � June , 2012 by Patrick Baldwin NOTARY PUBLIC•STATE OF FLORIDA Dehcia Pulse Commission # EE049S64 Expires: JAN-16,201S BONDED THRt ATLANnCBONDINGCO.,INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110005082 COLLIER COUNTY, FLORIDA, Plaintiff, vs EAGLES BOND INVESTMENTS INC, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Building Permit LDC10.02.06(8)(1)(a) LOCATION OF VIOLATION: 1610 Ivy Way Naples, FL Foilio # 306720000 SERVED: EAGLES BOND INVESTMENTS INC, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera condudda an el idioma Ingles. Servicios the traduccion no seran disponibles an la audienda y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicadones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110005082 Board of County Commissioners vs. Eagles Bond Investments, Inc., Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1 permits, Section 105.1 Conditions of the Permit and Ordinance, 04 -41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 1610 Ivy Way Naples, FL Folio # 306720000 Description: Expired permit number 2006071705 for a set mobile home, 2000 model Past Order(s): On March 22, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4784 PAGE 1801, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between May 22, 2012 — June 28, 2012 (38 days) for the total of $5,700.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.57 have been paid Total Amount to date: $5,700.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CESD20110005082 EAGLES BOND INVESTMENTS, INC. INSTR 4679359 OR 4784 PG 1801 RECORDED 4/11/2012 3:51 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA / REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22, 2012, 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 Eagles Bond Investments, 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 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 1610 Ivy Way, Naples, FL 34117, Folio 306720000, more particularly described as the West ' /z of the South %2 of the North %z of the South '/z of the North '/z of the Southeast '/4, less the west 35 feet thereof, dedicated for road purposes, lying and being in Section 14, Township 49 South, Range 27 East, lying and being in Collier County, Florida is in violation of 2007 Florida Building Code, Chapter 1, Section 105.4, Conditions of the Permit and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) in the following particulars: Expired permit Number 2006071705 for a set mobile home, 2000 model. 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 2007 Florida Building Code, Chapter 1, Section 105.4, Conditions of the Permit and Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 60 days (May 21, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 21, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.57 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( -4 IL , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this `1 day of 2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Courity, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. J 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 Eagles Bond Investments, Inc., 1610 Ivy Way, Naples, FL 34117 this ,`diy of n_ ,� C. , 2012. M. JeanDawson, Esq. -4)orida Bar No. 750311 state r, `_ID X700 Eleventh Street S. Ste. 102 `"ounzy of COLU �- Naples, Florida 34102 H EREBY CERTI FY THAT this is s fnw 11t'A (239) 263 -8206 .orrecx coay ot._a nocument b -file to Board Minutes. a�rl, Recores Ot Co l ler CCoo* tdIT.NF,, rry nal rill`s �i 't Se! this Gay al"., . 1 DW E. B QGX CLERK WOWS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110005082 Eagles Bond Investments Inc. Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Kos C,e.1xc U« +,d on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD201 10005082 dated the 2nd day of May, 2011. 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 3 -22, l2 ; 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ `F-,O incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within LP0 days of this Hearing or a fine of $ c' per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Respondent or Representative (print) Date t` i O—L�P---,\,-- Diane Flagg, Director U Code Enforcement Department Date REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. EAGLES BOND INVESTMENTS INC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110005082 BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 22, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Owner has not obtained the CO for the Mobile home on the property. FURTHER AFFIANT SAYETH NOT. DATED this 22nd day of [May, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD "Patrick Baldwin — Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) and subscribed before me this 22nd day of May, 2012 by Patrick Baldwin of Notary Public) NOTARY PUBLIC -STATE OF FLORIDA (Print/Type /Stamp Connnissioned Nai of Notary Public) Colleen Crawley Commission # EE129317 Expires: JLTNE 07, 2014 Personally known BO n"" THRU ATLANTIC BONDING CO, INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Vs. Dept Case No. CESD20110005082 EAGLES BOND INVESTMENTS Inc.,Respondents,Pro-se REQUEST FOR AN CONTINUANCE OF TIME SUFFICIENT ENOUGH TO ALLOW RESPONDENTS TIME TO COMPLY WITH THE PREVIOUS ORDER OF THIS HONORABLE BOARD AND STIPULATION OF THE PARTIES COMES NOW The Respondent,Pro-se, a wholly owned Florida Family Corporation,through its CEO and President, Roy Gene Bond, pursuant to Article IX, Hearings, Paragraph r. (2) of the Rules and Regulations of this Collier County Code Enforcement Board, and all other applicable authorities, and respectfully requests this Honorable Government Body to continue this matter a reasonable amount of time which will allow Respondents sufficient time to comply with the Board's previous Order and the Stipulation of the parties. Respondent respectfully submit's the following reasons for granting this Request For Continuance: 1) The Board was erroneously informed by Mr. Patrick Baldwin, Code Enforcement Investigator, during the initial hearing March 22, 2012, when he told the Board that Respondents only had `a couple' of areas to complete when, in fact, the Respondents had five(5), in order to abate the matter. Mr. Baldwin objected to the Board Chairman, Mr. Kenneth Kelly's, suggestion that the Respondents be given more than the sixty (60)days to complete the abatement and the Board decided not to give Respondents more than sixty (60) days after hearing Mr. Baldwin's objection. See Copy of Inspection History,permit number 2006071705, attached hereto and made a part hereof as Exhibit `A', and copy of emailed Progress Report, second paragraph of page one, from Roy Bond to Mrs. Cristina Perez, Supervisor, Collier County Code Enforcement, dated April 10th, 2012, attached hereto as Exhibit `B' and made a part hereof; and (2) The Respondents have had a great deal of difficulty obtaining the necessary building permit to finish the mobile home installation process. Respondents cannot obtain a permit in their name for the installation of their mobile home, and they must hire a licensed mobile home installer to do so (see Section 320.8249 Florida Statutes and Rul Chapter Rule 15C-2 F.A.C.). Because Respondents have previously hired three such mobile home installers, at a cost to them of over $15,000, they turned to the last (third) mobile home installer and requested him to return and complete the installation because the first installer hired by the Respondents has passed away and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSPECTION HISTORY PRINT Ek. ___A_:- - PFRMIT NBR: 2006071705 JOB DESC:SET MH/ RE-APPLY SEE PERMITS 2003081397 AND STATUS:INSPECT LOCATION: 1510 10TH ST SE SUBDIVISION 100 / acreage BLOCK:123 LOT: .000 MASTER NBR: TRS: UNIT: TRACT: NONE TAE: 0 WATER: WELL SEWER: SEPTIC COA: N/A FLOOD ZONE: D OWNER NAME: EAGLES BOND INVESTMENTS INC JOB PHONE: (863)673-1050 CERT NBR: 20467 DBA: SOUTHERN MOVES MOBILE HOME SERV. & JOB VALUE: 52,400.00 CONTACT NAME:SONYA CONTACT PHONE: (863)673-1050 OW/. '' 1 V SETBACKS FRONT: 50.00 REAR: 50.00 LEFT: 30.00 RIGHT: 30 .00 SPECIAL: TU 2003-0605 IMPORTANT DATES: EXTENDED APPLICATION APPROVAL ISSUED CO EXPIRATION CANCEL EXPIRATION 7/19/2006 9/8/2006 9/13/2006 3/12/2007 DIRECTIONS: WAS 1510 10TH ST SE ADDTL INFO: SET MH/ RE-APPLY SEE PERMITS 2003081397 AND 2005021278 TEMP USE 2003-0605 SUBCONTRACTORS CERT NBR SUB STATUS START DATE END DATE STATUS SUB CLASS DBA 20467 ACTIVE 8/28/2006 CANCEL PB SOUTHERN MOVES MOBILE HOME SE ,01 269 ACTIVE 9/13/2006 INACTIVE ME MACKS REFRIGERATION & AIR CON 11657 INACTIVE 1/12/2007 CANCEL SP EARTHWORKS 25487 ACTIVE 12/29/2006 ACTIVE EL JWL ELECTRIC INC. 21394 ACTIVE 1/3/2007 INACTIVE PB LA ROSAS PLUMBING 21394 ACTIVE 1/12/2007 INACTIVE SP LA ROSAS PLUMBING SUBPERMITS PERMIT NBR STATUS TYPE CERT NBR DBA JOB DESC FEES FEE CODE STATUS DESCRIPTION WAIVE AMOUNT DUE ENTER DATE 08BPNP POSTED BLDG PERMITS - NAPLES N 233.00 9/8/2006 08MFSG POSTED MICROFILM SURCHARGE N 3.00 9/8/2006 08BACR POSTED BLDG. PERMIT APP. FEE CREDIT • N -100.00 08HDST POSTED HEALTH DEPT. SEPTIC TANK N 425.00 9/8/2006 08NSUB PENDING SUB-CONTRACTOR CHANGE-NAPLES N 50.00 1/12/2004- 06REIN1 PENDING REINSPECTION 1 N 75.00 9/9/2009 08BAPP POSTED BLDG. PERMIT APPLICATION FEE N 100.00 7/19/2006 REQ CLASS DESCRIPTION/REMARKS PRI RBQ DATE RESULT CODE RES DATE INSPECTOR 1_ ST TIE DOWN 0 1/4/2007 90 1/4/2007 chancy 115 ST INAL BUILDING- 0 Collier County Board of County Commissioners Printed on: 3/21/2012 1:28:57,* CD-Plus for Windows 95/NT Page 1 of - CDPR2036 122 _= 10 DAY SPOT SURVEY 0 12/15/2006 90 12/15/2006 DAY N f.f.e = 108.0 /nd 204 __ FINAL PLBG/VERIFY METER# WITH UNIT# 0 2/1/2007 81 2/1/2007 Clements fi h hooking up to septic system- 204 FINAL PLBG/VERIFY METER# WITH UNIT 0 '3, E F MECHANICAL A/C ' 0 5 2? _ (FINAL ELECTRICAL 0 i 805 SP SEPTIC - IN PROGRESS 0 1/16/2007 80 1/16/2007 APRILBRANDON 1/16/07 UNABLE TO LOCATE PROPERTY CONTACT OFFICE PRIOR TO REINSPECT./BJG 805 SP SEPTIC - IN PROGRESS 0 1/22/2007 90 1/22/2007 DAVIDNAGELHOUT 1/22/07 WLNI.. WELL DISCONNECTED. NEED 813 /BJG 813 SP FINAL SEPTIC 0 10/12/2007 80 10/12/2007 APRILBRANDON 10/12/07 GATE LOCKED. PROVIDE ACCESS FOR INSPECTION /BJG 8113 SP CFINAL SEPTIC TIC 0 r.r. ay hi Gmail - Progress Report Page 1 of 5 Ex h Roy Bond< roybond71 @gmail.com> Progress Report 1 message Roy Bond< ro bond71 Tue, Apr 10, 2012 at 6:00 y y @gmail.com> PM To: ChristinaPerez @colliergov.net Cc: RenaldPaul @colliergov.net Dear Mrs. Perez: I am sorry my health prevented me from sending this progress report timely last Friday, but I have lately been 'under the weather', so to speak, but seem to be feeling somewhat better today. My family and I have always been blessed with many good things, including health: My father passed at age 85, my mother is now 90 and doing fine, and in 68 years I have only been hospitalized twice. Hopefully, my health will continue to improve. At the moment, however, I am under the care of five (5) doctors and have several medical appointments scheduled until the 26th of April. Aside from having the skin cancer operation last month, the doctors tell me I have developed or am developing "Moderate to severe centrilobular and subpleural emphysema", as well as, a 'gallbladder disorder' (testing still in progress) and I have yet to see the kidney specialist, Dr. Mark S. Russo, or lung specialist, Dr. Jose R. Marquina. My current ill health comes at a specially bad time, considering our situation and the limited time placed on us to complete the required corrections. The Chairman Of The Code Enforcement Board, Mr. Kenneth Kelly, seemed to sense this, at the hearing on March 22, 2012, when, on his own, he suggested giving us ninety (90) days to complete the corrections, but the Board did not do so after Mr. Patrick Baldwin, Code Enforcement Investigator, erroneously told the Board we only had 'a couple' of areas to complete before we could get the required certificate of occupancy. There are, in fact, five (5) areas we have to complete before we can get the certificate, and not 'a couple' as Mr. Baldwin told the Board. Those five areas are: (1) Final Building; (2) Final PlumbingNerify Meter# With Unit#; (3) Final Mechanical A/C; (4) Final Electrical; and (5) Final Septic. The Board did, however, inform me that we could seek more time to complete the requirements in the event we needed more time to do so, and so long as we https://mail.google.com/mail/?ui=2&ik=460552f23d&view=pt&... 6/20/2012 Gmail - Progress Report Page 2 of 5 were making progress to resolve the matter, the Board would 'likely' look ,.� favorably on any extension of time we might seek, although there was no guarantee made by him or the Board, at that time, to do so. As you are aware, Mrs. Perez, we cannot do any of the things required to get a certificate of occupancy until we first get the original building permit reinstated or a new one issued. Also, as you are aware, we are required to hire a licensed mobile home installer to obtain the necessary permits from the local building department(s) and assure that the state installation decal required by Section 320.8249(14), F.S., is affixed to the mobile/manufactured home. Section 320.822(14), Definitions, Of The 2011 Florida Statutes, states: " 'Setup'or 'installation' (my emphasis) means the operations performed at the occupancy site which render a mobile home or park trailer fit for habitation (my emphasis). Such operations include, but are not limited to, transporting; positioning; blocking; leveling, supporting, installing foundation products, components, and systems; connecting utility systems; making minor adjustments; or assembling multiple or expandable units." I respectfully submit the word 'habitation', as used here has the same meaning as 'certificate of occupancy'as used in the Collier County Codes. For the purpose of clarifying the record, we have previously hired three mobile home installers to set up or install our mobile home on our land. See Collier County building permits: (1) 2003081397, dated 09/29/2003; (2) 2005021278, dated 03/18/2005; and (3) 2006071705, dated 09/08/2006. Each mobile home installer did some of the work required, but not all, and, after being fully paid, absconded without affixing the state required decal to our mobile home or obtaining the certificate of occupancy. The first mobile home installer says, on the permit, they charged us $3,400.00 (see permit 2003081397), but we have receipts showing they charged us $4,500.00; the second mobile home installer charged us $4,000.00 (see permit 2005021278); and the third mobile home installer says they charged us $2,400.00 (see permit 2006071705), but we have receipts showing they charged us $6,963.75. Totally, Mrs. Perez, we have paid $15,463.75, to 'setup' or 'install' our mobile home, and the installation still has not been completed satisfactorily by either the state's or Collier County's requirements. https://mail.google.com/mail/?ui=2&ik=460552f23d&view=pt&... 6/20/2012 Gmail - Progress Report Page 3 of 5 According to the 2010-2011 online edition of the Collier County All Hazards Guide, Information For Manufactured/Mobile Home Residents, line nine, time & costs states: "A typical tie-down installation costs less than $2,000 and takes less than a day." I realize our mobile home is a double wide and had to be transported to Naples from Okeechobee, Florida, which the first two mobile home installers did, but did nothing else (our cost $8,500.00). The third mobile home installer did the main setup and installation work. He arrived around 10:00 A.M. and finished at around 3:00 P.M. of the same day, and used our equipment to place the mobile home, as well as, our concrete blocks. Prior to the Code Enforcement Hearing March 22, 2012, I went by the Collier County Permit and Building Department and informed them of our problem. The building department gave me a form, titled "Authorization Form, Unlimited Permit Use" and informed me to get the Licensed Mobile Home Installer, Southern Moves Mobile Home Service and Setup (Danny Powers), on the last permit (2006071705), to fill the form out, sign and notarize it and appoint me his attorney-in-fact for unlimited permit use from the Collier County Building Department, and they would issue a new permit and give it to me. I located the third and last mobile home installer, Mr. Danny Powers, owner of Southern Moves Mobile Home Service and Setup, P. O. Box 2447, LaBelle, Florida 33975, telephone (863) 675-4061 , in LaBelle, at 1400 Alex Blvd., and informed him of our problem with Collier County Code Enforcement and what Collier County Building Department had informed me and gave him the form. He, Mr. Powers, filled the form out, had it notarized and returned it back to me. Last week, the week of April 2 on Thursday, I presented the signed and notarized form to Mr. Renald Paul, CE Project Coordinator, in an attempt to get a building permit issued. Mr. Paul informed me Mr. Danny Powers' license to install and setup mobile homes was inactive. The next day, I went to the Operation & Regulatory Management/Licensing Section at the Collier County Building Department, and spoke with Ms. Jennifer Blanco and asked her why Mr. Powers' License was inactive and she informed me he has not renewed his license and gave me a form for Mr. Powers to fill out and provide her department with a copy of his state license, his certificate of insurance, a copy of his driver's license, a copy of his occupational license in Hendry Cpounty and $45.00 and his Mobile Home Installer's license in Collier County would be made active. Since that time, I have made numerous phone calls to Mr. Powers at (863) 673-8872 (cell phone) and (863) 675-4061 (home/office), leaving him a message and my return telephone number each time, as well as, sent him three emails at DannyPowersL @aol.corn but have not been able to contact him. Today I also called Mr. Rick Longbreck, Florida Department of httns://maiLeooale.com/mail/?ui=2&ik=460552f23d&view=pt&... 6/20/2012 Gmail - Progress Report Page 4 of 5 Transportation, Mobile Home Installer Program Community Assistant ,.� Consultant for Collier County, at (863) 393-8786, and left my name and telephone number and requested him to call me because he was out. I also called Florida State, Bureau of Mobile Home Installers, at 850-617-3004 and confirmed Mr. Powers' license is current and he is active with the State of Florida. Yesterday, April 09, 2012, I spoke with Mr. Paul and informed him of my efforts to locate the mobile home installer, Mr. Powers. Mr. Paul suggested that I consider hiring another mobile home installer and I informed him I have already hired three and paid out over $15,000.00 to have our mobile home properly setup and installed. I informed Mr. Paul the State of Florida requires all mobile home installers to post with the Department and hold a $5,000.00 Performance Bond, Mobile Home Installer, and Collier County and the State requires all licensed mobile home installers to maintain a $100,000.00 liability insurance policy while licensed as a mobile home installer, all for the general protection of the public. Saturday, April 7th, I received a copy of the Findings Of Fact, Conclusions Of Law And Order Of The Board from the Code Enforecement Board regardiing the hearing March 22, 2012. As I read the findings, etc., and look at the record of this case, Mrs. Persez, I deeply believe and feel the record does not adequately reflect the truth or essence of this case. For example, I am not the one, or at least I do not think I am, the one who has failed to perform, yet the way the stipulation reads and the way the Board has filed its findings, etc., it leaves me with the impression that I am guilty of something which we are being punished for and threatened with further punishment if we do not perform certain things in a short period of time. If anyone is guilty of something, it seems to me, the mobil home installers who took our money and absconded without doing their job are. Neither the state, nor any one person or government agency, has required me or us, my family, to post a $5,000 performance bond, or maintain a $100,000 liability insurance policy, but the state requires the mobile home installers to do so. In my humble opinion, Mrs. Persez, it is the mobile home installers who should be in our shoes and not us. As you will recall, I was only requesting a thirty (30) day extension, because of my illness and the fact that we have had not one, but three, previous permits and I needed additional time to over come my illness and properly prepare for the hearing. I agreed to the stipulation only because we share the same goal as you and code enforcement does; that is, we want all things legal and this matter made right, regardless who is at fault, and I am confident that, in the end, will happen. We want our certificate of occupancy, and all we request is to be httns://mail.2oo2le.com/mail/?ui=2&ik=460552f23d&view=nt&... 6/20/2012 Gmail - Progress Report Page 5 of 5 treated the same way we treat everyone else - fairly and right. As I said at the beginning of this email, our family has always been blessed with many good things and I know we shall not want in this matter. Again, Mrs. Persez, I wish to apologize for being late with this progress report, and I wish to thank you for your patience and understanding. Sincerely, Roy Bond https://mail.google.com/mail/?ui=2&ik=460552123d&view=pt&... 6/20/2012 Gmail - Where Are You At? Page 1 of 1 x C Roy Bond< roybond71@gmail.com> Where Are You At? 1 message Roy Bond< roybond71 @gmail.com> Mon, Apr 9, 2012 at 4:42 PM To: DannyPowersL @aol.com Danny: I have tried and tried to get in touch with you - leaving messages and several phone messages to both your office phone and cell phone, plus email -- nothing! I have got to talk with you Danny - please don't put me through this. I know someone is at your house because the last time I called, the FAX machine answered and it never answered the other times I called you. Collier code is givng me he--, and I have got to submit to them your up dated state information, a copy of your occupational lic. from Hendry County, and they want your $100,000 ins. policy number .. not a 'rider' or ins. conmitment which you gave them the last time, plus they want you to sign that paper you signed before...again. Please call me... I have got to know something soon. Roy Bond https://mail.google.com/mail/?ui=2&ik=460552f23d&view=pt&... 6/20/2012 Gmail - Collier County Mobile Home Installer's License Page 1 of 2 E;( k °7I Roy Bond< roybond71 @gmail.com> Collier County Mobile Home Installer's License 1 message . ...... .._............... ... . . Roy Bond < roybond71 @gmail.com> Wed, Apr 11 , 2012 at 11:48 AM To: DannyPowersL @aol.com Dear Danny: "Section 320.835, Florida Statutes (FS) requires each installer to warrant the installation of a mobile/manufactured home for one year FROM THE DATE OF RECEIPT OF THE CERTIFICATE OF OCCUPANCY." See: Information Booklet pertaining To The Regulation Of Mobile/Manufactured Home Manufactures, Dealers, and INSTALLERS, page 17. You never got a Certificate Of Occupancy, although you did pull the building permit to setup our mobile home. My attorney tells me that means you are still liable because the one year warranty period never began, or was 'tolled', as he says. I have tried to get a certificate of occupancy but Collier County will not give me one without the papers I am trying to get from you. As I have previously informed you, Collier County placed your mobile home installers' license on the 'inactive' list last year when your state license had to be renewed in September. That voided, here in Collier County, the papers you signed for me last June, and I must now give Collier County: (1) a copy of your renewed state mobile home installer's license; (2) a copy of your Hendry County occupational license; (3) a copy of your liability insurance (they will no longer accept a binder); (4) a new authorization form for unlimited permit use for me (I have another blank one to fill out); (5) a copy of your driver's license, and (6) forty-five dollars ($45.00). In order to resolve this now and at this point, I will pay the $45.00. The person to contact in Collier County whom I spoke with is Jennifer Blanco at (239)252- 2909, FAX (239) 252-2469. Code enforcement here in Collier County will not permit me to wait any longer, Danny, and this has to be resolved now. If you fail to respond to this email by Friday, April 13, 2012, I will have no other choice but to hire another mobile home installer and turn this matter over to my attorney. I know he will contact the state (Mr. Richard Longbrake, Community Assistant Consultant for Collier County, Manufactured Housing Section - Installer https://mail.google.com/mail/?ui=2&ik----460552f23d&view=pt&... 6/20/2012 Gmail - Collier County Mobile Home Installer's License Page 2 of 2 Program, Bureau Of Motor Vehicle Field Operations) in order to file a complaint against you and proceed, in court probably, against you and your $5,000 performance bond and/or $100,000 liability insurance, which you have posted with the state to convince the state to give you a mobile home installer's license, to recover the additional money we are going to be forced to pay out to resolve this matter. All of this can be very easily and simply avoided now, which is what I am attempting to do with this final email, but not after we hire another Mobile home installer and pay out more unnecessary funds. In the last ten (10) days I have called you numerous times at both your cell phone, (863) 673-8872, and office/home telephone, (863) 675-4061, as well as, sent you three emails, and you have failed or refused to answer or respond to any of my efforts to talk with you. Sincerely ROY BOND https://mail.google.com/mail/?ui=2&ik=460552f23d&view=pt&... 6/20/2012 *:Y Cant Check C�O One n ❑ One Time Use Naples,s, Horseshoe Drive Authorization Form Naples,Florida 34104 ❑ Expires in One Year Unlimited Permit Use Contractor: Permit Number: If this form will be used for unlimited use under the Contractor,this Authorization will expire I year from the date this document is notarized.If using this form for a specific permit number,this document will last the life of the permit. Collier County Cert. # Job Address: Whenever the qualifier of a company wishes to designate someone to represent him in the application of a building permit or in the issuance of a building permit,the following Authorization form must be properly executed. a t dk F .q. 1' it KNOW ALL ME that I 1 j //f T hWZ.C.s do hereby constitute and appoint Py1 a#6. � my true and lawful attorney-in-fact for unlimited permit use from the Collier County Building Department. 1 Si ature of Qualifier ONIMOI laPetS State of Florida, County of !-{ li)(Ly Swo o s -. sue•cribed before me this )n1lay of Vifri, 2012, by ' 11\, eV.ig , W'o is person: , kn.. tg,me or has produced_FL. ,D(Litipai ; - as identification. dL-------- ►ignature, 7� tay Public— State of Florida ,g1:� .. :P1,;,?, LISA ALLEN Commission n#DD 943311 1 i A. A C _ Expires January 28,2014 '4r.4'4-• Bonded TTnu Troy Fain Insurance 800385-7019 Printed, Typed, or Stamped Name of Notary Affidavit I. ""56 y V 001.2 A___ am the duly authorized attorn -in-fact set forth in the Authorization stated above. --� Affiant's Signature poy State of Flo, ea, County of S - • I) . . .ubscribed before me this 101-Bay of , 20th by 12t3y N_b , no is t to me or has produced 4.i .‘56I fl G c as identification. i Signat :, Notary Public— State of Florida Y' LISA M.ALLEN :,_ :.- Commission#DD 943311 \ �i Expires January 28,2014 L1 5A Ate) --,48.„`:-. Bonded lieu T ore Fain Insurance 800385-7019 Printed, Typed, or Stamped Name of Notary (Seal) COPIES AND FAXES ACCEPTED 01/27/2010 COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION at f 1- ° ,36353 Certification Information Collier County Board of County Commissioners Date: May 17, 2012 DBA: SOUTHERN MOVES MOBILE HOME SERVICES INC ADDRESS: PO BOX 2447 LABELLE, FL 33975- PHONE: 8636738872 CELL: 8636798872 FAX: 8636754061 LICENSEE NBR: C36353 QUALIFIER: DANNY J. POWERS CLASS CODE: 1731 TYPE: MOBILE HOME INSTALLER-STATE LIC. STATE NBR: IH/1025211 ISSUANCE NUMBER: 36353 STATE EXP: INSURANCE: ORIG ISSD: EXPIRES: September 30, 2012 General Liability May 17, 2012 September 30, 2012 November 16, 2012 Worker's Compensation September 08, 2012 NOTE: It is the Qualifier's responsibility to keep all business, licensing and requirements current and to provide up to date copies for Collier county files. This includes all insurance certificates and any change of address information. Collier County * City of Marco * City of Naples Contractor Licensing MOBILE HOME INSTALLER-STATE LIC. Cert Nbr: Exp: Status: X53 09/30/2012 Active State Nbr:IH/1025211 Exp:09/30/2012 SOUTHERN MOVES MOBILE HOME SERVICES INC PO BOX 2447 LABELLE, FL 33975- Signed: Growth Management Division Cotker County 2800 Horseshoe Drive N. "� Naples, FL E: 34104 /'• 239-252-2400 I I RECEIPT OF PAYMENT Receipt Number: 2012066376 Transaction Number: 2012-015237 Date Paid: 05/17/2012 Amount Due: $45.00 Payment Details: Payment Method Amount Paid Check Number Cash $45.00 Amount Paid: $45.00 Change / Overage: $0.00 Contact: DANNY J. POWERS 1400 Alex Blvd. LABELLE, FL 33935- FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid, Voluntary Registration of C36353 $45.00 $45.00 113-138900-321235 State Certified Contractors Cashier Name: LeaDerence Batch Number: 2577 Entered By: wolfelinda BOND FAMILY AQUACULTURE FARMS, INC. (Prior Corporate Name: Eagle's Bond Investments, Inc.) 1610 Ivy Way Naples, Florida 34117 June 1, 2012 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Re: Attached Temporary Use Permit Application For Mobile Home In Agricultural Zone See Also Previous Temporary Use Permit TU-200-30605, dated 09/12/03 and Renewal, dated 09/07/2006, and Collier County Building Permits 2003081397, dated 09/29/2003, 2005021278, dated 03/18/2005, and ,-� 2006071705, dated 09/08/2006, (attached hereto and made a part hereof) Dear Zoning Department: (1) This application for a Temporary Use Permit is respectfully submitted because the State licensed Mobile Home Installers (three, including a husband and wife, both licensed by the State), whom the property owners paid, combined, over fifteen thousand dollars ($15,000.00) to install their mobile home, failed to obtain a Certificate Of Occupancy, as required of them by the State of Florida. Property owners cannot obtain the required building permit to install their own mobile home and must hire a dully licensed Mobile Home Installer to do so. Section 320.8249, Florida Statutes and Rule Chapter 15C-2, F.A.C., require that only licensed mobile/manufactured home installers may set-up a mobile/manufactured home in Florida. This law also requires that licensed installers must put an installation decal on every home they install certifying that the home was installed in accordance with State regulations which is required before a Certificate Of Occupancy will be issued. All three of the Mobile Home Installers failed to install the installation decal. Each of the Mobile Home Installers hired by the property owners did some of the installation work required, but not all, including obtaining a building permit, and either became ill and passed away (the first one) or absconded after receiving the property owner's full payment for the work required. (2) After the property owners paid the required impact fees, they contracted for and had their septic tank installed (permit 06-071705). The property owners hired their first Mobile Home Installer who obtained the first building permit (2003081397), issued on 09/29/2003, and transported their mobile home to their thirty (30) acre property (six 5 acre parcels). The first Mobile Home Installer, however, became ill and some time later passed away before he could finish the installation. Thereafter, the first Mobile Home Installer's wife, who was also licensed by the State to install mobile homes, applied for and received the second building permit (2005021278) on 03/18/2005 but never did any installation work. Finally, the property owners hired the third Mobile Home Installer who obtained the third building permit (2006071705) on 09/08/2006. The third Mobile Home Installer placed the mobile home at its present location and set it up. The third Mobile Home Installer did all the installation but the final plumbing, final septic, final building, final mechanical and finale electrical (see attached building permit 2006071705) before the property owners paid �..� him his complete and final payment and never returned to finish the work he was paid to do. Before absconding the Third Mobile Home Installer did have many of the Collier County Building Inspectors inspect his work and installation and most of it now only requires the final inspection. In spite of the land owners' many, many, many attempts, via telephone, email and U. S. Mail, to get the third Mobile Home Installer to return and complete the work he was paid to do he refused to do so or even respond to the property owners' many telephone calls, many emails or U.S. Mail. The property owners finally sought legal advice and was informed of the State mandated duties and responsibilities of Mobile Home Installers, which include: "Section 320.835, Florida Statutes (ES.) requires each installer to warrant the installation of a mobile/manufactured home one year from the date of receipt of the certificate of occupancy. (Emphasis ours) Section 320.835(3), F.S., provides that the installer `...warrants the setup operations performed on the mobile [manufactured] home are performed in compliance with s. 320.8325 and department rules governing installation.' This means that the installer must warrant that the installation complies with Rule Chapter 15C-1, Florida Administrative Code (F.A.C.)" See Information Booklet Pertaining To The Regulation Of Mobile/Manufactured Home Manufactures, Dealers And Installers, page 17. The property owners were further informed that because the installer did not get a certificate of occupancy the warranty would still be effective in spite of it being over one (1) year since he performed the installation. Additionally, the property owners were informed Title XXIII, Motor Vehicles, Chapter 320, Motor Vehicle Licenses, Statute 320.8249(3) provides, in part: "In order to obtain licensure as a mobile home installer, the applicant ***must hold a valid performance bond in amount set by department rule, not to exceed $5,000, conditioned upon proper performance of mobile home installation and weather-sealing duties for a period of 1 year, must carry liability insurance in an amount determined by department rule, not to exceed $100,000, ***"(emphasis ours). After the foregoing legal mandates where brought to the third Mobile Home Installer's attention, he has now agreed to return and properly finish the installation work, but the Temporary Use and Building Permits have expired. The Collier County Building Permit Department has informed the third Mobile Home Installer this application must be approved, before they will accept his application for the fourth and, hopefully, final Building Permit Application. (3) After obtaining the necessary Exempt Excavation Permits (59.937-1 thru 6 /AR-9038) and Blasting Permit (335-2005-09) the property owners have developed their aquaculture ponds pursuant to the outline and description laid out in their previously approved Temporary Use Permit and renewal (TU-200-30605), including complete property fencing, as well as, some cross fencing. Above and below ground pond fencing has also been installed. Due to the down turn in the World Economy, as well as, China all but stopping the importation of baby Soft Shell Turtles and paying much less for the ones they do import, and because the baby Soft Shell Turtle was set to be one of our major products, we have had to make some adjustments in our operation. This, plus our decision to forego the production of all non-native species has opened the door for the development of a commercial Queen Honey Bee rearing operation to go hand and hand with our aquaculture operation. One of our owners, age 68, has considerable experience raising Queen Honey Bees and the capital and space required to do so is minimal. Additionally, we are also in the process of preparing some of our land for the future operation of a certified organic vegetable farm. The organic farm, however, will take some time because our soil consists of approximately three to five feet of sugar sand and requires the addition of large amounts of organic material to bring our soil up to the standards required of certified organic farms. Plus, it takes time for the added organic material to decompose sufficiently to provide the minerals and nutrients required of organic farms. We have, however, already started adding some of the organic material. While we are developing both the Queen Honey Bee operation and organic farm, we are currently grazing cows, llamas and goats to supplement our aquaculture operation. We are in an excellent location for both the Queen Honey Bee operation, which is projected to be in limited production next season (early spring 2013) and certified organic vegetable farm. The organic farm, however, will take more time to develop but we are projecting some limited production within three years if we can upgrade our soil sufficiently to obtain our `certified' status. To obtain the initial organic farm certification requires many initial soil, water and air tests, inspections and/or upgrades, as well as, on going periodic soil, water and air tests and/or inspections thereafter to keep and maintain our `certified' status once we obtain it. Due to the lack of a strong market with attractive pricing, our baby soft shell turtle production is minimal this year. Although we currently have the aquaculture facilities and are still Certified Aquaculture by the State of Florida, we do not currently have a strong viable market for baby soft shell turtles and with the strong World economic down turn, we no longer have strong support and assistance from the State of Florida as we did when the World economy was much stronger. That support and market is, however, slowly starting to grow and we are now starting to get a few more requests for prices. Hopefully, that market will return to a more healthy state in the next two years or sooner which will justify increasing our current baby soft shell turtle production. (4) No retail sales will be conducted to the public in any of our operations. (5) I am the President and one of two of the major stock holders of Bond Family Aquaculture Farms, Inc., and have the necessary authorization and authority to conduct any and all business of said Florida Corporation. My Wife, Leonora Agulto Bond is the second major stock holder and the Secretary of the corporation. (6) Bond Family Aquaculture Farms, Inc., owns two five acre parcels of land, close together but not adjoining, in the SE 1/4 of Section 14, Township 49S, Range 27E, Collier County, Florida, which is zoned Agricultural. '~ (7) Bond Family Aquaculture Farms, Inc., is currently seeking to put a mobile home on one of the above referenced parcels pursuant to Collier County Code 2.2.2.2.2.(9) and will submit to Collier County Developmental Services its Mobile Home Permit Application when it receives approval of its request for a Temporary Use Permit. (8) Bond Family Aquaculture, Inc., will conform to all Federal, State and County Codes which may apply to its commercial Aquaculture/Bee Keeping/Agriculture operations and will have its operations in production as outlined in preceding paragraph three (3). (9) The Code Enforcement Department of Collier County has issued a violation to the property owners for not having a Certificate of Occupancy. Considering the problems the property owners have encountered with the State Licensed Mobile Home Installers, in spite of paying out over fifteen thousand dollars ($15,000) for the proper installation of their mobile home, it has taken the property owners longer to acquire one than expected. For this reason, the property owners respectfully request a quick response to this Application For A Temporary Use Permit. (10) The Corporate name of Eagle's Bond Investments, Inc., has been changed to Bond Family Aquaculture Farms, Inc.. Please see copy of attached letter from Florida Department Of State, dated September 28, 2004. (11) On December 14, 2006, the Collier County Community Development And Environmental Services Division/Addressing Department, 2800 Horseshoe Drive, Naples, Florida 34104, telephone (239) 403-2482, gave the property owners Official Notice Of Address Change, which changed our mailing address FROM 1510 10th ST. SE TO 1610 IVY WAY. The reason for the change was given as "RE-NAMING THE SOUTHERN PORTION OF 10TH SE TO IVY WAY". Our actual physical location did not change; only the street and number changed. (12) If the reader hereof has any questions, please call me at 239-253- 6686 or 239-248-1536 or contact me at the above listed address. Thank you. Sincerely, 0:4T . `- ' L9 --- 7 GENE BOND President and Property Owner BEFORE ME, on the /1711 day of June, 2012, ROY GENE BOND personally appearing, and being dully SWORN and who produced Florida Identification No. B530-727-44-041-0, as identification, and states that he has reviewed the foregoing letter to Collier County Government, Growth Management Division/Planning And Regulation, 2800 North Horseshoe Drive, Naples, Florida 34104 and, based upon his personal knowledge, states that all allegations, statements and facts contained herein are true and accurate. 4,11!/%1,74„,, SALLY A. rr"RAZIER /, �, �° ` Notary Public-State of Florida a C.f`' NA e My Comm. Expires Jul 13, 2014 M �t�` Commission#DD 999159 N fAIZY Bonded Through National Notary Assn. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110006351 COLLIER COUNTY, FLORIDA, Plaintiff, vs DAVID SCHAARE JR, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06128/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 520 2nd ST NE Naples, FL SERVED: DAVID SCHAARE JR, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servioios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110006351 Board of County Commissioners vs. David Schaare Jr., Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) Location: 5202 d Street N.E. Naples, FL Folio # 37283440007 Description: Barn type structure and shed built on the property without Collier County Building permits Past Order(s): On April 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4795 PAGE 318, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between May 27, 2012 — June 28, 2012 (33 days) for the total of $3,300.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.86 have not been paid Total Amount to date: $3,380.86 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. DAVID H. SCHAARE, JR. Respondent CASE NO.: CESD20 1 1 00063 5 1 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26, 2012, 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 David H. Schaare, Jr. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 520 2 °d Street N. E., Naples, FL 34120, Folio 37283440007, more particularly described as the South 180 feet of Tract No. 47, GOLDEN GATE ESTATES, Unit 14 according to the Plat thereof, recorded in Plat Book 7, Pages 73 and 74, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections I O.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: Barn type structure and shed built on the property without Collier County Building Permits ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04 -41, it is hereby ORDERED: That the violations of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section I 0.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion /occupancy within 30 days (May 26, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 26, 2012, then there will be a fine of $100 per day for each day until the violation is abated. INSTR 4691327 OR 4795 PG 318 RECORDED 5/9/2012 11:20 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of �) 'r ✓, 2012 at Collier County, Florida. U CODE ENFORCEMENT BOARD COL-L-I-E—RDGOUNTY. FLORIDA PC STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Robert Kaufma , C air 2800 N A H se hoe Drive Naples, Florida 34104 The foregoing instrument was acknowledged before me this � F day of i -ACS 2012, by Robert Kaufman, Chair of the �ode Enforcement Board of Collier County; Florida, who is personally known to me or who has produced a Florida f .Driver's License as identification. KRISTINE TWENTE NOTARY PUBLIC Notary Public - State of Florida My commission expires: My Comm. Expires Jun 18. 2015 �N'PlF. ova= Commission # EE 87272 CERTIFICATE OF SERVICE Bonded Through National Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to David H. Schaare, Jr., 520 2 "d Street N.E., Naples, FL 34120 this 1 5-4 day of t'C 2012. a M. Jean j-awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board ;KluA 681 Goodlette Road N., Ste. 210 ;aunty of COLULN Naples, Florida 34102 (239)263 -8206 1 HEREBY CERTIFY THAT ft. Sib SOW 401 .orrect copy or a aocament os ft 81 3oard N,inutes and Recoras of COMW OW NIT NESS MV h a one ofiieial-m aay of oZor . DWIG E. B'RQ6: CLERK A COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. SCHAARE JR, DAVID H & CHELSEA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110006351 BEFORE ME, the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to was to abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4795 PG 318 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 31 st, 2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permits have not been obtained for the structures on the property. FURTHER AFFIANT SAYETH NOT. DATED this 1st day o0une, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD :1 atrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or ffirme�d) and subscribed before me this 1st day of June , 2012 by Patrick Baldwin (Signature of Nota�y Public) TARP PtBLIC -STATE •F FLOFuDA r�:�ri;� Prandes Corr, : - ;on )D926170 E° S tom, �.,pires. ,P. 17, 2�713 (Print/Type /Stamp Commissioned Name of Notary PublicjaQ .NTDO Txxc ATI,A- N'rrCBDND2;C Co., c<C. Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEV20100018622 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KRISTA L MARCIAL IRIZARRY & JOHN IRIZARRY, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Legacy Unlicensed /Inoperable Vehicles2.01.00(A) LOCATION OF VIOLATION: 105 16th ST SE Naples, FL SERVED: KRISTA L MARCIAL IRIZARRY & JOHN IRIZARRY, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEV20100018622 Board of County Commissioners vs. Krista L. Martial Irizarry & John Irizarry, Respondent(s) Violation(s): The Collier County Land Development Code, 04 -41 as amended, Section 2.01.00(A), now found in Code of Laws and Ordinances, Article III, Chapter 130 -95 Location: 105 16th Street S.E. Naples, FL Folio # 39210380002 Description: Many unlicensed and inoperable vehicles and trailers on the estates zoned property, 2 volks beetles, vans, commercial trailers and more. Past Order(s): On May 26, 2011 the Code Enforcement Board issued a Findings of Fact. Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4690 PAGE 273, for more information. An Extension of Time was granted on November 18, 2011. See the attached Order of the Board, OR 4744 PAGE 1097, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $100.00 per day for the period between May 16, 2012 — June 28, 2012 (44 days) for the total of $4,400.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.00 have not been paid Total Amount to date: $4,480.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. KRISTA L. MARCIAL IRIZARRY AND JOHN IRIZARRY, Respondents CEV20100018622 INSTR 4635238 OR 4744 PG 1097 RECORDED 12/8/2011 3:29 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA P,EC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18, 2011, on the Respondents' Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days (May 15, 2012). 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 , 2011 at Collier County, Florida. c�argt of COLLIER HERETV CERT-jF`: THAT this is a tme anO <<�, " °c; CGS;' - -Gf s3 CiCfCGS i� ^t on file in - @s� .u,,mv Iic ash off 5 1 , CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,, day of ^C 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is --- personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC 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 Krista L. Marcial Irizarry and John Irizarry, 105 16th Street, S.E., Naples, Florida 34117 this , ��t -day of !�_1�,.' 2011. M.`JeaWkawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 KRISTINE TWENTE Notary Public State of Florida My Comm. Expires Jun 18, 2015 %Ny± `0` Commission # EE 87272 Bonded Through National Notary Assn. 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 Krista L. Marcial Irizarry and John Irizarry, 105 16th Street, S.E., Naples, Florida 34117 this , ��t -day of !�_1�,.' 2011. M.`JeaWkawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 INSTR 4572291 OR 4690 PG 273 RECGRDED 6/8 /2011 1:21 Pr#- AGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KRISTA L. MARCIAL IRIZARRY AND JOHN IRIZARRY, Respondents CEV20100018622 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 26, 2011, 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 Krista L Marcial Irizarry and John Irizarry are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the persons of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 105 16th Street S.E., Naples, Florida, Folio 39210380002 more particularly described as the North half of Tract 135, GOLDEN GATE ESTATES, Unit No. 48, in accordance with and subject to the plat thereof recorded in Plat Book 5, Pages 78 and 79 of the Public Records, Collier County, Florida is in violation of Ordinance 04 -41, the Collier County Land Development Code, as amended, section 2.01.00(A), now found in Code of Laws and Ordinances, Article III, Chapter 130 -95, in the following particulars: Many unlicensed and inoperable vehicles and trailers on the estates zoned property, 2 Volks Beetles, vans, commercial trailers and more. 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 Ordinance 04 -41, the Collier County Land Development Code, as amended, section 2.01.00(A) ), now found in Code of Laws and Ordinances, Article III, Chapter 130 -95, be corrected in the following manner: 1. By obtaining and affixing a valid license plate to. each vehicle /trailer and repairing defects so that the vehicles /trailers are immediately operable, or by storing said vehicles /trailers within a completely enclosed permitted structure within 120 days (October 23, 2011). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 23, 2011, then there will be a fine of $100 per day for each .day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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'—,-,o- , 2011 at Collier County, Florida. J CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA `—c BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, day of 2011, by Kenneth Kelly, 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. "'�� KRISTI ENTE v P�`� : Notary Public - State of Florida My Comm. Expires Jun 18, 2015 Commission # EE 87272 Bonded Through National Notary Assn. i_. 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 Krista L. Marcia] Irizarry and John Irizarry, 105 16'' Street, S.E., Naples, Florida 34117 this �_ `day of 2011. M. Jean,Rawson, Esq. FloridaBar No. 750311 2375 North Tamiami Trail, Ste, 208 Naples, Florida 34013 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE'. ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. IRIZARRY, KRISTA L MARCIAL JOHN IRIZARRY, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEV20100018622 BEFORE ME, the undersigned authority, personally appeared Patrick. Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: That on May 26, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 5 -21 -2012. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: violation remains. FURTHER AFFIANT SAYETH NOT. DATED this22ndday of May, 2012. COLLIER COUNTY, FLORIDA CO11FIFORCEMENT BOARD Patrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affi .ed) and subscribed before me this *d �6 zxu '-L (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � day of May, 2012 by Patrick Baldwin Y PUBLIGSTATE OF FLOC@' NoTAI? Colleen Crawley # EE129317 Commission E 07 201 � Expires. J 1NGC0.,INC. BONDRD THR° ATLA�TI` CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100020099 COLLIER COUNTY, FLORIDA, Plaintiff, vs PAUL & JACQUELINE RICHARDS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 06/28/2012 TIME: 09:00 AM PLACE: 2800 North Horseshoe Drive Conference Rooms 609/610, Naples, FL 34104 VIOLATION: Legacy Swimming Pool Barrier Residential4.24.2.17 LOCATION OF VIOLATION: 580 24th AVE NE Naples, FL SERVED: PAUL & JACQUELINE RICHARDS, Respondent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Crawley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone (239) 252 -6548 Fax IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION O74F CERTAIN ASSISTANCE. LISTENING PL CONTACT THE THE COLLIER IMPAIRED ARE FACILITIES AVAILABLE MANAGEMENT E COUNTY DEPARTMENT COMMISSIONERS-OFFICE AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA NOTIFICACION: Este audiencia sera condudda an el idiom@ Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100020099 Board of County Commissioners vs. Paul & Jacqueline Richards, Respondent(s) Violation(s): Ordinance 04-41, as amended the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 4, Section 424.2.17 Location: 580 24th Avenue N.E. Naples, FL Folio # 37748320002 Description: Permit number 2010040206 expired on October 2, 2010. No certificate of completion obtained. Temporary safety barrier has fallen down and is not secure. Past Order(s): On November 18, 2011 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4760 PAGE 560, for more information. The property is not in compliance with the Code Enforcement Board Orders as of June 28, 2012. The Fines and Costs to date are described as the following: Order Item# 1 & 3 Fines at a rate of$250.00 per day for the period between December 19, 2011 —June 28, 2012 (193 days) for the total of$48,250.00. Fines continue to accrue. Order Item #2 & 4 Fines at a rate of$250.00 per day for the period between November 25, 2011 —March 8, 2012 (105 days) for the total of$26,250.00 Order Item #6 Abatement Cost of 1,495.00 has not been paid. Order Item# 7 Operational Costs of$82.29 have not been paid Total Amount to date: $76,077.29 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20100020099 vs. INSTR 4652686 OR 4760 PG 560 RECORDED 1/3112012 3:13 PM PAGES 2 PAUL AND JACQUELINE RICHARDS, DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondents REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 18, 2011, 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 Paul and Jacqueline Richards are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, failed to appear at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 580 24t" Avenue N.E., Naples, Florida, Folio 37748320002 more particularly described as the East 180 feet of Tract 105, GOLDEN GATE ESTATES, Unit No. 23, according to the Plat thereof, as recorded in Plat Book 7, Page 9, of the Public Records of Collier County, Florida is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a), and 2007 Florida Building Code, Chapter 4, Section 424.2.17 in the following particulars: Permit Number 2010040206 expired on October 2, 2010. No certificate of completion obtained. Temporary safety barrier has fallen down and is not secure. 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 Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 4, Section 424.2.17 be corrected in the following manner: 1. By obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (December 18, 2011). 2. By erecting an approved protective pool barrier to avoid safety concerns and/or must apply for and obtain Collier County Building permit(s) for a permanent pool and/or must apply for and obtain Collier County Building permit(s) for a permanent pool enclosure and protective barrier and follow through to Certificate of Completion within 7 days (November 24, 2011). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 18, 2011, then there will be a fine of $250 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by November 24, 2011, then there will be a fine of $250 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondents fail to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $82.29 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 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTYF,, LO A Y BY: — Kenneth air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,z22L ~day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE Notary Public • State of Florida NOTARY PUBLIC w My Comm. Expires Jun 18, 2015 My commission expires: Commission # EE 87272 Bonded Thr000h National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Paul Richards and Jacqueline Richards, 580 24`h Avenue, N.E., Naples, Florida 34120 this day of 2011. M. Jean Rawson, Esq. at E I-`.tUA Florida-Bar No. 750311 NounTy of COLL ( Attorney for the Code Enforcement Board ,�,HA Chas €S 0 "US find 2375 N. Tamiami Trail, Ste. 208 1 HERE9E Y GERTIM- Naples, Florida 34103 :orrect copy at eloct�rI , ' , -_ (239) 263 -8206 Board Minuted a,nd,Recdrps of Cpti.lt?r COD* �J .SS rrtV nano LOT' ff�ila`l seal this, 'CQuKrs CC P [ 1] Dept Case # CEAU20110013571 Jeff J. & Joan R. Reeder To Collier County Board of county commissioner's I would like to petion for a (6) month extention,due to financial difficulties. The cost of plans and permiting is a large sum compared to our income at this time.we. have searched for many different ways to comply , At this time it all boils down to not enough money to pay for the services needed-(6) months would give us enough time to pay for the plans /permiting..ect. to bring us into compliance with county's codes. ry soon as possible. Thank you for your time. we dope to resolve this as Jeff J Reeder Joan R Reeder Data S Page 1 L 1�I•iI: ' ,„,,, 1 Memorandum ' rt ' `'o �” `j-1 I To: Steve Williams, Assistant County Attorney From: Code Enforcement Department Date: June 27, 2012 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Code Enforcement Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. STATUS N=Non/C=C' HEARING COMPLY BY IOF OP.COST TOTAL$ HOMES- omp RESPONDENT CEB# HEARING TOTAL FINE DATE DATE DATE County DUE TEAD Abatement LAST Cost RECHECK CESD Anne Jules Delva 20090015436 11/19/2009 3/19/2010 1/19/2012 $134,000 $0.00 $134,000 Y N 6/18/2012 CESD Gloria Perdigon 20100009141 2/24/2011 11/20/2011 1/19/2012 $9,000 $0.00 $9,000 Y N 6/15/2012 CEAU Sergio&Sara Garita 20110011945 10/27/2011 11/26/2011 1/19/2012 $5,400 $80.57 $5,480.57 N N 6/1/2012 Juan Cervantez& CESD Marion Hernandez 20110002352 10/27/2011 1/25/2012 3/22/2012 $11,400 $80.29 $11,480.29 Y N 6/6/2012 Deutsche Bk National CESD Trust Co. 20110013221 1/19/2012 2/18/2012 3/22/2012 $6,600 $81.15 $6,681.15 N N 6/22/2012 Alejandro Cesar CEAU Delzotto 20110007440 11/18/2011 12/18/2011 3/22/2012 $14,250 $81.43 $14,331.43 N N 6/18/2012 AMG Properties,Inc. 2007090454 6/26/2008 10/24/2008 3/22/2012 $248,000 $0.00 $248,000 N N 5/2/2012 CESD Virginia Villarreal 20110002682 10/27/2011 1/25/2012 3/22/2012 $11,400 $80.00 $11,480.00 N N 6/6/2012 Ofelina&Dean CESD Patten 20110007245 9/22/2011 10/13/2011 11/18/2011 $9,000 $80.86 $9,080.86 Y N 6/13/2012 CEAU Frank Paz 20110005919 11/18/2011 1/17/2012 2/23/2012 $3,700 $80.29 $3,780.29 N N 6/20/2012